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COBBETT'S
COMPLETE COLLECTION
or
State Trials.
VOL. I.
i
COB SETT'S
. • - ■»
! •• • -
COMPLETE COLLECTION
* 0
OF
State Trials
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM THE
EARLIEST PERIOD TO THE PRESENT TIME.
VOL. I.
COMPRISING THE PERIOD
FROM THE NINTH YEAR OF THE REIGN OF KING HENRY
THE SECOND, A. D. Il63, TO THE FORTY-THIRD YEAR
OF THE REIGN OF QUEEN ELIZABETH, A. D. l600.
I
LONDON:
FmiVTED BT T. C. HANSARD, PETERBOROUGH-COURT, FLEET-STREET.
rrBLISBED BY R. BAGSHAW^ BRYDGES STREBT, COVBNT GARDEN; AND SOLD
BT J. BUDD, pall-mall; J. FAULDBR, NBW BOND-STREET; SHERWOOD,
VeELBY AND JONES, PATERNOITBR-ROW ; BLACK, PARRY AND KINGSBURY,
LRADBNHALL-STRIBT; BBLL and BRADFUTB, BDINBUBGU; AND J. ARCHBB,
DUBLIN.
1809.
.» •
• r
• • <
■ • • • »
• •*•• ••«• • • ■
• •
• • • • « •
• • -
•- ^
• • •
;.. .
• •::
• • • «
• • •
••;:
•
# V
• •••••«•
• ••
• •••• 9«a •• •
»• • ••^» •• •••«•• •
•. • ••-* •• •
• • • • . •
.• • • • • •
1 :^Nr<'59
TABLE OF CONTENTS
to
VOLUME I.
PREFACES TO FORMER EDITIONS OF THE STATE TRIALS : xvii
Mr. Salmon's PrefSure to the First Edition of the State Trials, in four
Volumes folio : printed in the Year 1719 ... - xix
Mr. Salmon's Preface to the Case of Ship Money, which was printed in
a separate Volume, by way of Supplement to the First Edition - xxi
Mr. Emltn's Preface to the Second Edition of the State Trials, in six
Volumes folio : printed in the Year 1730 .... xxii
Preface to the Seventh and Eighth Volumes of the State Trials : printed
in the Year 1735 xlii
Preface to the Ninth and Tenth Volumes of the State Trials : printed
in the Year 1766 - - - xlv
Mr. Hargrave's Preface to the Fourth Edition of the State Trials, in
Ten Volumes folio : printed in the Year 1775 ... xlvii
■
Mr. Hargrave's Preface to the Eleventh (or Supplemental) Volume of
the Fourth Edition of the State Trials : printed in the Year 1781 li
STATE TRIALS IN THE REIGN OF
HENRY THE SECOND.
%♦ The new Matter is marked [N.]
J. Proceedings against THOMAS BECKET, Archbishop of CANTERBURY,
for High Treason, [N.] I
f. b «
TABLE OF CONTENTS.
HENRY THE THIRP.
Pag€
2. Articles of Accusation against HUBERT DE BURGH, with the Answers of
Master Laurence, Clerk of St, Alban's, on behalf of Hubert de Burgh,
earl of Kent, [N.] 13
EDWARD THE FIRST.
3, Proceedings against PmRS GAVESTON [N.] 21
EDWARD THE SECOND.
4. Proceedings against HUGH and HUGH LEDESPENSER,[N.] > - 25
5. Proceedings against ADAM DE ORLETON, Bishop of HEREFORD, for
Treason, [N.] r 39
6. Proceedings against THOMAS Earl of LANCASTER, for Treason, [N.] - 40
1. Proceedings against King EDWARD THE SECOND, [N.] ... 47
EDWARD THE THIRD.
«
8. Impeachment of ROGER MORTIMER, Earl of MARCH, for Treason, [N.] 5 1
9. Proceedings against THOMAS DE BERKELE, for the Murder of King
Edward the Second, [N.] --.-----55
10. Proceedings against JOHN STRATFORD, Archbishop of CANTERBURY,
for Treason, [N.] .---.57
11. Proceedings against JOHN WICKUFFE, for Heresy, [N.] -• - - 67
RICHARD THE SECOND.
«
12. Proceedings in Parliament against ALEXANDER NEVIL, Archbishop t>f *
YORK, ROBERT VERB, Duke of IRELAND, MICHAEL DE LA
POLE, Earl of SUFFOLK, ROBERT TRESILIAN, Lord Cliief Justice
of England, and NICHOLAS BRAMBRE, some time Mayor of London,
and Others, for High Treason - - - - - - « 89
W. Impeachment of THOMAS FTTZ- ALAN, Archbishop of CANTERBURY,
of High Treasoq, [N.] - -. -.* - . - -^12S
TABLE OF CONTENTS.
Page
1*. Impeachment of THOMAS Duke of GLOUCESTER, RICHARD Earl of
ARUNDEL, THOMAS Earl of WARWICK, THOINIAS MORTIMER,
and Sir JOHN COBHAM, knight, of High Treason [N. ] - - - 1 2S
HENRY THE FOURTH.
1 5. Articles of Accusation against RICHARD THE SECOND, King of Eng-
land, [N.] 135
«
16. Proceedings against JOHN HALL, for the Murder of Thomas Duke of
Gloucester, [N.] - - - - I6l
17. Proceedings against WILLLVM SAUTRE, for Heresy, [N.] - ^ - •- 163
1 8. Trial and Examination of MASTER WILLIAM THORPE, Preste, for Here-
sye, before Thomas Arundel, Archbishop of Canterbury : Written by
Himself -'- - -17-5
10. Proceedings against JOHN BADBY, for Heresy, [N.] - - - - 2ig
HENRY THE FIFTH.
20. Trial and Examination of Sir JOHN OLDCASTLE, LORD COBHAM, for
Heresy, before the Archbishop of Canterbury : Collected by John Bale 223
HENRV THE SIXTH.
51. Proceedings, upon an tx post facto Act, against Sir JOHN MORTIMER,
for making his Escape from Prison, [N.] -----,. 267
^>. Proceedings against HENRY BEAUFORT *, Bisliop of WINCHESTCR,
for High Treason, [N.]- - - - - - - - - 268
23. Proceedings against WILLIAM DE LA POLE, Duke of SUFFOLK, for
High Treason, [N.] 271
EDWARD THE FOURTH.
n. Proceedings against GEORGE Duke of CLARENCE, Brother to King Ed-
ward the Fourth, for Treason, [N.] - - - - - -275
• In the Title prelixwl to this Article, at p. 2G7, he is erroneoiT^ly culled " Beaumont." He' was
second son of Jolm of Gaunt, by Catherine Roet, Rower, or Rucr, n French woman, widow of
•Sr Thomas Swintord. This Cardinal, as well as John of Gannt's oc^er children by Catherine
Smiafordf was iUc-)riiimate, being born while John of Gaunt was (he husband of auother woman.
In 139Cy John of Gaunt, being a widower, married Cnthciine Swinford, and in the next ^ear
iheir children were legitimated by act of parliament. '1 he Cardinal died in 1417. Ilii Will it
pobliibcd in NichoU's Collection of Royal WilU.
TABLE or CONTENTS.
HENRY THE SEVENTH.
Poge
75. Trial of Sir WILLIAM STfANLEY, knight, for High Treason - - 277
HENRY THE EIGHTH.
26. Trial of Sir THOMAS EMPSON, Icnight, and EDMUND DUDLEY, esq.
for High Treason - 283
27. Trial of EDWARD Duke of BUCKINGHAM, for High Treason . - - 287
28. Proceedings relating to the Dissolution of the Marriage between HENRY
THE EIGHTH and CATHARINE OF ARRAGON, [N.] - - -290
2i). Proceedings against THOMAS WOLSEY, Cardinal and Archbishop of
YORK, upon a Praemunire, and for other Offences [N.] - - - 367
30. The Trial of Sir THOMAS MORE, knt. Lord Chancellor of England, for
High Treason, in denying the King's Supremacy - - - - 385
.11. llie Trial of JOHN FISHER, Bishop of ROCHESTER, before Commis-
sioners of Oyer and Terminer, at Westminster, for High Treason - - 39!^
32. The Trial of WILLIAM Lord DACRES of the North, for High Treason, in
the Court of the Lord High Steward - - 407
33. The Trials of Queen ANNA BOLEYN, and her Brother Lord Viscount
ROCIIFORD, for High Treason, in the Court of the Lord High Steward;
and also of HENRY NORRIS, MARK SMETON, WILUAM BRERE-
TON, and Sir FRANCIS WESTON, before Commissiooers of Oyer and
Terminer, for the same Oflencc ------- 40ir
U. Proceedings against THOMAS CROMWELL, Earl of ESSEX, for High
Treason [N.] 43+
35. The Trial of Lord LEONARD GREY, at Westminster, for High Treason - 431/
36. The Trial of Sir EDMOND KNEVET, at Greenwich, for striking a Person
within the King's Palace there - - - - - - -41-3
37. Proceedings against Queen CATHARINE HOWARD, for Incontinency [N] 445
88. The Trial of HENRY Earl of SURREY, for High Treason, with the Pro-
ceedings against his Father TIIOMiVS Duke of NORFOLK, for the
same Crime - •- - - - - - - - - -451
39. Proceedings against Various Persons in the Reign of Henry VIIL for Treason,
in denying the King's Supremacy ; and other capital Crimes, principally
fcUtiBg to BeligiQii 46r»
TABLE OF CONTENTS.
EDWARD THE SIXTH.
Page
40. Proceedings in Parliament against Sir THOMAS SEYMOUR, knt. Lord
SEYMOURofSudley, for High Treason 483
M. Proceedings in Parliament against EDWARD Duke of SOMERSET, Lord n
Protector, for Misdemeanors and High Treason 509
42. Proceedings in Parliament against EDWARD Duke of SOMERSET, for
High Treason and Felony, at Westminster - - - . . 515
45. Proceedings concerning the Non-Conformity in Religion of the LADY.
MARY, Sister of King Edward the Sixth, afterwards Queen of Eng-
land [N.] - .- - 527
^. Proceedings against STEPHEN GARDINER, Bishop of WINCHESTER, for
opposing the Reformation of Religion, and disobeying the King's Orders
and Injunctions respecting the same [N.] - - •> - -551
43. Proceedings s^inst EDMUND BONNER, Bishop of LONDON, for oppos-
ing the Reformation of Religion [N.] - - - - - - 6.51
MARY.
46. Proceedings against Sir JAMES HALES, Justice of the Court of Common
Pleas, for his Conduct at the Assizes in Kent [N.] - - - - 713
^. .Proceedings against Lady JANE GREY, and Others, for Treason [N.] - 715
Further Particulars respecting the Lady Jane Grey [N.] - - 730
The Instrument, by which Queen Jane was proclaimed Queen of
England, &c. setting forth the Reasons of her Claim, and her
Right to the Crown [N.] 735
The Will of King Henry the Eighth [N.] 745
The Will of King Edward the Sixth [N.] 754
45. Arraignment and Execution of HENRY GREY Duke of SUFFOLK [N] - 161
4? Trials of ^OHN DUDLEY Duke of NORTHUMBERLAND, WILLIAM
PARR Marquis of NORTHAMPTON, and JOHN DUDLEY Earl of
WARWICK, for High Treason, in the Court of the Lord High Steward,
at Westminster : And also of Sir JOHN GATES, Sir HENRY GATES, Sir
ANDREW DUDLEY, and Sir THOMAS PALMER, at Westminster,
for the same Crime ----.^-.--76
^
iO Proceedings against THOMAS CRANMER Archbishop of CANTER-
BURY, for Treason and Heresy [N.] -..--- 7G7
An Enquiry into the Evidence of Archbishop Cranmer's Recan-
tation ; by Mr. Whiston [N.] 8 44
Mr. Strype's Account of Archbishop Cranmer's Death [N.] - S3j^
. TABLE OF CONTENTS.
5 1. The Arraignment of Sir THOMAS WYAT, knt. at Westminster, for High
Treason -- - -.- - -- - - -861
52. The Trial of Sir NICHOLAS THROCKMORTON, knt. in the Guildhall of
London^ for High Treason : Together with the Proceedings against Sir
Nicholas Throckmorton's Jury 8CU
I
ELIZABETH.
53. The Trial of JAMES Earl BOTHWELL, for the Murder of Henry
Lord Darnley, Husband of Mary Queen of Scots, at the Senate House of
Edinburgh -^ - - - 901
54. The Trial and Sentence of WILLL^VI POWRIE, GEORGE DALGLEISH,
JOHN HAY younger of Talo, and JOHN HEPBURN of Bowton,
concerning the Murder of. Henry Earl Darnley, Husband of Mary
Queen of Scots : with their Examinations, Depositions, and Confessions :
as also, the Declaration of Nicholas Hubert, a Frenchman, commonly
called Paris, in relation to that Murder, and other Matters - - 915
55. Trial of the Earl of MORTOUN, for the Murder of Henry Lord Darnley,
Husband of Mary Queen of Scots [N.] 947
56. The Trial of THOMAS HOWARD Duke of NORFOLK, before the Lords
at Westminster, for High Treason ------- 957
57. The Trial of Mr. ROBERT HICKFORD, (Servant of the Duke of Norfolk),
at the Quecn's-Bench, for High Treason - - - - - -1041
58. The Arraignment of EDMUND CAMPION, SHERWIN, BOSGRAVE,
COTTAM, JOHNSON, BRISTOW, KIRBIE, and ORTON, for High
Treason [N.] - 1049
Confessions of Edmund Campion, and other- condemned Priests, his
Associates, relative to their traitorous Practices against Queen
Elizabeth [N.] 1073
Confessions of Thomas Norton, and Chuistopiier Norton, two of
the Northern Rebels, w^ho sulFered at- Tyburn, and were drawn,
hanged, and quartered for Treason [N.] - - - - josS
• llie End and Confession of John Felton, the rank Traitor, who set
up the traitorous Bull on the Bishop of London's Gate. Who
stifFered, before the same Gate, for High Treason, against the
Queen's Majesty, the 8th day of August, 1558. By J. Par-
tridge [N.] -• I0i;5
59. Arraignment, Judgment and Execution of JOHN STORY, for Treason [N] 1087
do. The Trial of Dr. WUXIAM PARRY, at Westminster, for High Treason - 1O05
61. Inquisition of a Jury of the City of London before the Coroner, had upon*
occasion of the Death of the Earl of Northumberland : with a Report of
hisTretwns [N.] IIH
t
TABLE OF CONTENTS.
d2. Proccedbgs against ANTHONY BABINGTON, CHIDIOCK TTTCH-
BURNE, THOMAS SALISBURY, ROBERT BARNEWELL, JOHN
SAVAGE, HENRY DONN, and JOHN BALLARD, at Westminster,
for High Treason ---------- 1127
«
es. The Trial of EDWARD ABINGTON^ CHARLES TILNEY, EDWARD
JON'ES, JOHN TRAVERS, JOHN CHARNOCK, JEROME BEL- "
LAMY, and ROBERT GAGE, at Westminster, for High Treason - 1141
^. Proceedings against MARY Queen of SCOTS ; for being concerned in a
Conspiracy against Queen Elizabeth ; with things previous thereto, and
necessary to introduce and explain those Proceedings - - - 116i
Evidence against the Queen of Scots. From the Hardwicke Pa-
pers [N.] 1211
«. The Arraignment of WILLIAM DAVISON (Secretary of State to Queen
Elizabeth) in the Star-Chamber, for Misprision and Contempt - - 1229
«. The Trial of PHILU^ HOWARD, Earl of ARUNDEL, before the Lords, for
High Treason -- 1249
67. The Arraignment of Sir RICHARD KNIGHTLY, and Others, in the Star-
Chamber, for maintaining seditious Persons, Books, and Libels - - 1263
«. The Trial of Mr. JOHN UDALL, a Puritan Minister, at Croydon Assizes,
for Felony. Wrote by Himself - - - - - - -1271
69. The Trial of Sir JOHN PERROT, Lord Deputy of Ireland, at West-
minster, for High Treason - -x- - - -- -1315
• X T^e Trial of ROBERT Earl of ESSEX, and HENRY Eari of SOUTH-
AMPTON, before the Lords, at Westminster, for High Treason - - 1333
71 Proceedings in Pariiament against JOHN Earl of GOWRIE, ALEXANDER
RLTHVEN his Brother, HENRY RUTHVEN, HUGH MONCRIEF,
and PtrEREVIOT, for High Treason - - - - - -1359
Gowrie's CoNSPiRAciE '. A Discovrse of the vnnatvrall and vyle Con-
spiracie, attempted against the King's Maiesties Person, atSanct-
Johnstovn, vpon Twysday the fifth of August, 1660. From the
Somers* TracU [N.] 1383
*'2. The Arraignment and Judgment of Captain THOMAS LEE, at the Sessions-
bouse near Newgate, for High Treason. ----- 1403
■>. The Trial of Sir CHRISTOPHER BLUNT, Sir CHARLES DAVERS,
Sir JOHN DAVIS, Sir GILLY MERRICK, and HENRY CUFFE, at
Westminster, for High Treason 1 W>9
PREF^
xyii
PREFACES
TO FORMER EDITIONS OF THE
State Trials.
TOUU
' \
XiX
PREFACES,
MR. SALMON'S PREFACE
TO THE nilST EDITION OF THE StATE TrIALS, IN FOUR
VOLUMES folio: printed in the year 1719.
OiNCE *tis observable that the best and bravest of mankind are far from being
exempted from Criminal Prosecutions, and that potent malice, or prevailing faction,
have too often attempted tlie most consummate merit ; that Learning which shews
Vw life, honour, and innocence are to be defended, when they shall happen to be
injuriously attack'd, will not, 'tis presumed, be thought inferior to that, which instructs
115 how to defend our less important rights. — And as the Common Law is nothing else
W Immemorial Custom, and the custom and methods of Trial, and bringing offenders
to Pvmishment, is no inconsiderable branch of that law ; and since these, as other
Cxistoms, are only to be collected from former Precedents, 'tis something strange,
tbt amongst the numerous Authors of Reports and Institutes, not one has hitherto
thoci'hi fit to make any considerable Collection of this kind, or thorowly to methodize
cr di;:-st this sort of Learning : nor can any probable reason be assigned for this
nt:;k(:i, unless they have been deterr'd by the vast trouble and expence it must have
b^tn to any private undertaker. — As to the Crown Law already extant, 'tis so far from
^'*'in^ a conipleat Direction, even in the most ordinary Trials, that it aftbrds little
nif.re than some imperfect Hints of what the Authors intended. And as to the Doc-
trine of Impeachments, Trials of Peers by Commission, or in Parliament, Bills of
Attainder, and the Customs and Usage of Parliaments, in relation to these Matters:
this is a Learning that remains entirely uatouch'd, and is only to be collected from
Prtttdents of this nature.
The Undertakers of this \Voi>k therefore have spar*d no pains or expence to procure
whatever is valuable of this kind : they have had recourse to every library public
aivJ private, where they had intimation there was any thnig worth inserting ; and
thtv have for some time since ofler'd large tncourageinent to those who should con-
trii.'jte either Manuscripts or printed Trials, towards rendering the Design compleat.
And havinc at length tinisliVl their Collection, they have added a Table to the whole,
wh« rein all the various Learning the Work contains is reduc'd under proper Heads.
AiirJ that which before lay disners'd in many Volumes very diflicult to be obtained,
and several valuable Manuscripts that have been perfectly buried in private hands,
an here brought to light ; and so dispos'd, that the studious Reader may make him-
•elf master of the subject, with much less labour and expence than has hitherto been
rt'juisite.
And as to the Manuscripts, such care has been taken to avoid all mistakes, that the
J<dgt«4 and Counsel, who were concern'd in such Trials, and are still living, have been
attffided with their respective Arguments, and have been pleased so far to tncoura^^e
the Uodcrtakiogy as to correct whatever was amiss.
c 2
XX PREFACES TO FORMER EDITIONS
Nor are the Publishers conscious they have omitted one remarkable Trial that could
possibly be obtaiu'd, unless that of Mr. Hampden in the Case of Ship-Money, and
that of my lord Strailbrd ; both which being to be found in Mr. Rushwortb> are
already in the hands of most gentlemen, who are supposed to purchase these : and the
inserting them could be of no other use than to increase the bulk, and enhance the
price ot the Book. There is indeed another Account of my lord StrafR)rd'8 Trial,
which differs in some instances from Mr. Ruehworth's, and is more concise ; and this
it has been thought proper to insert.
And as the Union of the two kingdoms of England and Scotland is so near com-
1>leated, and there remains little else to distinguish us at present but the municipal
aws of the respective kingdoms, it has been thought advisable to add some remarkable
Scots Trials : in which (to do that nation right) are discovered great learning, elo-
quence, and strong reasoning. And indeed as the Civil Law prevails very much there,
they have at least as large a field to exercise their parts and learning as our more
Southern orators, who are so unalterably attach'd to their Common Law ; and it must
be admitted, that the Party accusM has in Scotland all the fair play imaginable : he
has what Counsel he thinks fit ; he has a Copy of his Charge in his own language ;
his Counsel are permitted to inspect the very Depositions against him before he is
brought to Trial ; and they are so little in haste to dispatch a State-Prisoner, that the
Triafoflen lasts some months. This specimen of Scots Trials, as it will at present be
acceptable to the curious ; so as we have one Senate, and one Legislature, it may
hereafter give birth to the introducing such Methods of Trial in each kingdom, as in
either shall appear to be founded on the greatest reason and justice.
As to any Partiality in this Undertaking, it seems almost needless to disclaim it ;
for the Reader has the Evidence and Arguments entire, without any alteration or di-
minution. It is true, as it falls out in History, so it will do here: the farther we
search into Antiquity, and the higher we go, the less perfect will our Accounts be ; the
same exactness cannot be expected there as in Trials of a more modem date : but
thus much may be said for the more antient Trials, that they are the most perfect
and compleat that could possibly be procured. — We shall detain the Reader no longer
than to observe, that this Collection will not only be useful to the Learned in the Law,
and to those whose misfortune it may be to fall under a criminal Prosecution, but in
many instances it corrects as well as illustrates our English History : and there is
scarce a controverted point in Divinity or Politics, but the Reader will find has been
fully debated here by the greatest men our nation has bred. And if Justness of
Argument and true Eloquence have any attraction, and these are talents worth im-
proving, here will be found the greatest collection of fine Speeches, and Arguments,
en the most important subjects, that have hitherto been exhibited to the world.
OF THE STA.TX TRIALS. XXI
MR. SALMON'S PREFACE
TO THE
CASE OF SHIP-MONEY,
V
WHICH WA8 PRINTED IN A SEPARATE VOLUME, BY WAY
OF SUPPLEMENT TO THE FIRST EDITION.
iHE Collection of State Teials in four Volumes in Folio, being a Work very
vefbl and necessary^ to make it more complete, it was thought fitting (at the desire of
ifvnal persons of eminency and distinction in the law) to add to it the remarkable
Tfial of Mr. Hampden, in the Great Case of Ship-Money (between his majesty kins
Claries I. and that gentleman). For that reason therefore we caused it to be printea
of the sanie size, and on the same paper : tho' it would have been inserted in the
CoUectioo, ' could the Proprietors of this Copy have been prevailed upon to have
pttted with their property to the Undertakers, on their terms, which were very un-
KasQuable. It is true, there are some of the Speeches in Rushworth, (a Book very
icarce, and in few hands) but then their number is very small, and without the Re-
corii and other material Process herein contained, which are carefully printed from
Ach authentic Manuscripts, that envy itself cannot detract from their intrinsic worth
ill value : and those who would vainly endeavour to impose on mankind. That this
Trial is in Rushworth, not only discover their ignorance, but shew themselves guilty
^ DMMt Bcandalous and invidious reflections.
We ikall therefore say nothing of the excellency of this Work, which is so useful
hiU English gentlemen in general, as well as for those of the Long Robe in par-
ticoiar; those who will take the pains to peruse it, will be convinced of this truth.
Hie Twelve Judges, before whom this Case was argued in the Exchequer-Chamber,
aad the Council on both sides unanimously agreed, that no Case like this ever was
srgued in any Court of Judicature ; they all declared it to be a matter of the highest
coocem and importance, and there was such a multitude of Cases, Precedents, and
Records (above three hundred) quoted on both sides, and so many excellent Argu-
i&ents made, of the greatest Learning, that the whole would seem almost incredible,
bat to those who will read them with attention.
How this Great Case went is well known to. every one who has the least acquaint-
ance with History ; the Times were then troubleso^ne, and some people took
lience occasion to blow up the coals of dissension, which at last broke out into that
dreadful conflagration, as ended in the destruction of an Unfortunate Monarch, and*
cooipleated the ruin of the best Constitution in the world. All the Judges (long
before this Case was argued in the Exch'jquer-Chamber) gave their opinions in
vri:ing under their hands for the King ; but whother, in this Afl'air, those sages in the
bir acted Jike Faithful Counsellors, must be left to the learned in that profession to
determine. Every man will think as he is inclined; however, most certainly, it is of
the greatest concernment and importance, for a Prince to have about him Faithful
Co'jn^ef/ors ; for after all, let them be never so wise, good, and just, it is an undoubted
rrutj, that Princes see with others eyes, and hear with others ears.
XXll
PREFACES TO FORMER EDITIONS
MR. EMLYN'S PREFACE
TO THE SECOND EDITION OF THE StaTE TrIALS, IN SIX
VOLUMES FOLIO : PRINTED IN THE YEAR 1730.
Tht usefulnea
'ofthe work to
ike Study f>f
the Law,
UUtory,
And FAo-
quence.
L HE favourable reception which the First Impression of this Work has
met with from the Public, is a suflicient recommendation of it in genera);
but perhaps it may not be unacceptable to the Reader to point out some
of the particular Uses and Advanta^s of it.
Collections are chiefly intended for the preservation of separate Pieces,
which by being scattered up and down, are often in length of time either
quite lost, or hard to !)e come at : this, indeed, is a care not worth be-
stowing on those which are of little or no use; but the Pieces here pre-
served are evidently such, as a Collection of them must appear at first
sight very beneficial to all studious innuirers into the Laws of this nation,
especially into that principal branch ot them, which concerns the Life and
Liberty of the Subject : for since the Laws of England are in a great
measure grounded upon immemorial Customs and Usages, the Precedents
and Examples of former times must be singularly useful, if not absolutely
necessary to a right understanding of them. — And tho' Criminal Cases
do very much depend upon Statute Law, either the Crimes themselves, or
the Punishments of them, being for the most part declared by act of par-
liament : yet the Method of Practice in the Trials of those Crimes is in
the main govem'd by Common Law rules, and consequently not to be
known, but by the Usage in former cases : and even in those instances,
which fall under the direction of the Statute Law, the best Expositor of
those Statutes is the constant received Practice, ever since they were
made, optima le^fn interpres consuettido. (a)
The Professors and Students of the Law will not be the only persons,
who may receive benefit from this Work: here will be matter also of In-
struction and Entertainment to all who are delighted with History, or in-
quisitive after the transaction.^ of the former or present times ; many parts
of History will here be illi^stratcd and set in a true light ; the lleadcr
may here see, as it were, with his own eyes, not needing to trust to the
represtMitations of others, which are often full of partiality or prejudice,
aci'ordins; to the party and disposition of the Historians. But the nature
of this Work admits net of such turns and disguises, as other general ac-
counts arc but too justly chargeable with; the following Trials being
plain Narrations of Sayini^s and Facts, for the most part published by Au-
thority of the respective Courts, or by indifTerent Hands ; \\hcrc il hap-
pens to be otherwise, the Reader is informed of it in the Title at the Head
of the Trial.
Such as are taken with fluency of Style, or luxurianry of Fancy, may
here be entertained with a variety of elmjuent Speeches and learned Ar-
gument<» on many very important subjects; tho' it must be owiiM, inter-
mixed with some others, which do not altogether deerve that character.
And since Scotland is now become a part of this Kin;;d(un, it has heeh
thought proper to insert some of the Proceedings in that fuunlry, in which
(to do that Nation right) are discovered great learning and eloi^uencc:
(a) 4 Co. lastit. 75.
OF THE STATE TRIALS. XXIU
skd it most he admitted^ that very considerable advantages are there al-
Ittved lo the Prisoperj which we in England do not enjoy ; he has what
Coua-fcl be thinks fit, and a Copy of the Charge in his own language ; his
touosel arc permitted to inspect the Depositions against him before he is
DroQght to bis Trial ; and they are so little in haste to dispatch a State-
Vn^meT, that the Trial often lasts some months.
Another Use of this Work, will be the doing justice to those Judges To farm a
vhl Counsel, who respectively presided or practised at these Trials : the '"'5^^ charac-
Nimes of such as bchav'd impartially on the Bench, without prejudicing ^j^'y^ '*^
l± richtful Prerogatives of the Crown on the one hand, or betraying the •'""5^*-
irgaJ Privileges of the Subject on the other ; without bearing hard upon
she Innocent, or shewing any unallowable favour to the Guilty, will by
^* nie.ins be remember'd with honour, and left upon record to their last*
102 praise and commendation.
wit it has not always been the good fortune of England to have the
Beach adom'd with such excellent persons; the Header will in the course
Wtheiie Trials light upon certain periods, wherein the Judges, who
Nght by the duty of their place to be the great Barrier, and to act im-
ptftially between Prince and People, have notwithstanding delivered
Opinions in direct contradiction to the known fundamental Laws of the
biioo, and as far as in them lay, sacrificed the Cunstituiion and Liberties
of (be kingdom to the pride and ambition of an arbitrary monarch. This
gnerally ended in the downfall of such Judges, and the Ministers, whose
tools ihey were; .the Pol. tics of those times not being arrived at that
Wight, to know how to iniluence the representative Body of the Nation:
farwiiat need could Ministers have to corrupt the Interpreters of the
Lw, if ihc Makers of it were intirclv at their devotion ?
CHher* there have heen, (as the Reader will have too frequent occasion
toreiDaik) who regardless of Rii:ht and Wrong, and all the solemn Oaths
tMk hiid sworn, have under colour of Law, but yet in open defiance of
uripdl JiHiice, made no scrapie to murder the Innocent, and by foul un-
■•rrai/.tlii* jiractices to acquit the (iuilty, just as they received their di-
TH'inTi'iU'jm, or thought it would he best pleasing to those above them :
t<»'itb Ain«>n..irous pitch of bare- faced iniquity were they arrived, that
^\ ^:: L iiiiiUi ilctennine the same Point diilerent wavs at dilferent
tiB--, m'*kni^ the Law :i mere nose of wax, but usually turning it to the
decnicion of thr person tr.ed before them (b). These Volumes will im-
partidly transmit their niemory to posterity, with that rcproa< h and in-
C^-Q}, ^.1 deservt dly attendant upon Traiiors and Murderers; and this not
by reii-ral characters, which are scarce to be rely'd on, being oft accord-
iiztothe inciina*i>>ns of the Writer, but by rtal Facts ; their Behaviour
rih h^n- ap.*ear just as it was, in its own true colours: by which the
Eci^'-r. uiifiout the help of name-:, will easily distinguish the calm and
udiu: Judg»-. wilhng to hear and receive right Information, and desirous
ibdctirmiiic accordmg to Truth and Justice, from the hectoring bully,
•JK;, without any regard to the decency of his character, uses his autho-
rity to no other end, th.tii to sih*nce Reason and Truth, and by blustering
svi clamour to worry ihe Inmi' ent to death.
Tlie like Distinction will rea<li!v occur with respect to those, whose And Counsel,
'HBce was at the Bar. Some he u ill Hud, prossin;^ nothing illegal against
U)e Pri'toniT, nothing hard and iinr(ason;d)lc (howrver in strictness legal)
u«n» no artifices todej»rive him of his just Oefence, treating his Witnesses
*'.tb ik-cency and candour; bein^ not so in«eiu upon convicting the Pri-
t^>r, hi up4>n discovering Truth, and bringini; real Oticnders to Justice ;
iViikiug ufKin them!>elves, according to that f.tmous Saying of queen I^li-
2«fctth, not so much retained pro Domina HcgiNu, as /wo Domina Vcritate (c),
(0 ^ir ioliD Hawles's Ueinarks on the Trial of Charles Butcman.
'yj % Cu. Instil. 79.
xxiv- PREFACES TO FORMER EDITIONS
These will appear in a different light from others, who with rude and
boistiTOus language abuse and revile the unfortunate Prisoner; who stick
not to take all advantages of him, however hard and unjust, whicli either
his ignorance, or the strict rigour of Law may give them ; who by force
or stratagtin endeavour to disable him from making his Defence; who
brow-btat bis Witnesses as soon as they appear, tho' ever so willing to
declare the whole trn«h ; and do all they can to put them out of counte-
nance, and confound them in delivering their Evidence : as if it were the
duty of their j>lace to convict :ill who are brought to Trial, right or wrong,
guiity or m»t guilty ; and as if they, above all others, had a peculiar dis-
pensation from tlic obligations of ^fruth and Justice. Such methods as
these should be below men of honour, not to say men of conscience : yet
in the pcruscil of this Work, such persons will too often arise to view ; and
I could wish tor the credit of the Law, that that great Oracle of it, the
Lord Chief Justice C okc, (d) had given less reason to be numbered among
this sort.
The (ientlemen of that Profession, whether imploy'd in criminal Pro-
secutions or civil Actions, are not to blame for doing their l>est in sifting
out the Truth, :md making all just Observations in fnvour of their Clients;
yet If after hdvint,' done so, they should at last find the merits of the CauK
to lie on the otlier side, I am sure it would be no disparagement totliemto
desist from attempting any thing to the prejudice of Truth and Justice:
for how just and reasonable soever it may be to unyiertake the defence of
a cause while nothing appears but that it may be right, yet when in the
course of the Evidence it proves manifestly otherwise, it is then high time
to de>ert it ; for they must needs think, that no Fees or Retainers will be
a just Excuse, either in this world or another, lor being wilfully instru-
mental in promoting injustice and wrong : and tho* it be no part of their
province to determine either the Law or the Fact, the former of which
belongs to the Court, and the latter generally to the Jury ; yet if either
the one or the other be misled by the artful turns and insinuations of the
Pleader, or any material truth suppressed or misunderstood by his baffling
of the Witnesses, the (luilt will and ought to lie at his door.
To shru: the A further Advantage of this Collection is, that it will afford frequent
♦MrtV/c/jcv of opportunities to the careful Reader oi" observing the excellency of our
t/ie f.fiiilish Laws, and the advantage an Englishmnn thereby "enjoys above hfs neigh*
/cl'V ^'i its ^""**"'*' ^^ hen 1 meet with an Author extolling our laws above those of
other countries, and representing us upon that, as well as other -accounts,
as the envy of all around us, I presume it is meant chiefly with regard
to Criminal Procedures : for as to CrvrL Si its, when I consider the tedi-
ousness and delays of such Suits, necessarily arising from our Methods
and Forms of Law ;. the various (>flices, and sometimes Courts, they
must pass thro', before they are finally decided ; the exorbitant Fees to
Comiselj whereto the Costs recovered hear no proportion ; the duties
arising to the crown from many incidents in every cause ; and above all
the nicety of special Pleadings, whereby the jusicst cause in the world,
Rer having with great trouble and expense been conducted almost to a
itiod, may thro* the mistake of a letter (often occasioned by an At-
rney's Clerk) be irretrievably lost, or at least turned round to begin
^gain, and that not with6ut payment of costs to him, who has all the while
been the unjust invader and iletaincr of another's property ; when these
!!3^' ^ ^^^' ^^ considered, it is hard to imagine, that any one can in
good earnest believe, we have in this respect any great matter to
boast of.
ii ^^ ^^^ ' suppose they arc our Ecclesiastical Courts, which make ur
the envy of our neighbours : the petty but chargeable Suits, w Inch are
(d) See the Trial of Sir Walter Puileigh, a. ». 1603.
l-
or THE STATE TRIALS. XXV
iWre often instituted to the no small damage of both sides, only to in«
iU^ the priTate passions of those who institute them ; the r onstant
pnctice of denouncing Excommunication for the minutest contempts
"Of (a punishment originally designed only fot* sui h flagrant vices, as
Rvler'fl a man unfit for Christian ctjuimunion, which formeriy was greatly
<ireadcd, but is now by these means slighted and despised ;) and the pe-
[ CMiuy commutations avowedly permitted fur Penances (f)^ are things^
vluch wiJl not allow me to make any such suiipobal.
Hie excellency therefore qf our Laws above others, I take chiefly to AstoCriminal
ooMist in that part of them, which regards Criminal Prosecutions: Prosecutiont.
kcR indeed it may with great truth and ju<«tice be sail, Tiiat wc h.^ve
hf hr the better of our neighbours, and are deservedly ihcir admiration
■d envy.
This might be made to appear in many particulars. In other Coun-
ties the Courts of Justice are held in secret ; with us publiclciy (irj and
iiopen view: there the Witnesses are examined in private, and in the
Moner's absence; with us they are produced face lo face, and d* liver
Iketr Evidence in open court, the Prisoner himself being present, and at
hbcmr to cross-examine them* there ihe Judges dfterniine .)oth Law
lid I^t ; with us, if the Fact be denied by the Prisoner, it m^si be tried
br twelve men of his own rank and condition, (^A> who arc sworn t6 go
ttcwdiDg to Truth and Evidence, and are therefore called a Jury ; to
W of these the Prisoner may except for just capse, an ! in ca|)i'.al Cases
ta a large number without cauiic : and unless tlii-t Jurv ilei*l:ire liim guilty
rflke Charge, the Judges can proceed no fpr'hcr ag-'iinst Mm. If the
hiaoer be a peer of the land, his Trial on all indictments Ojt Troa-^on,
Feloay, or Misprision of either, must be by other peers not lnwer than
^▼e. In other countries, Rack- and Instruments of Torture Ci > are
applied to force from the Prisoner a Confes:»ion, ^ninetiuK s f'f more than
■tnie ; but this is a practice which Englishmen auvlmppiiy uni'euuctinted
villi, enjoying the benefit of that just and reasonable Maxim, Ncmu tenc"
^tcnmuie $eipnan: in other countries the Criminals arc often ey'«% uted
iapiifUe; with us always openly and in pubiir, it rieing necessary to
UAWerthe enA of Justice, that a public example be made of Otlenders
ii **dtr to deter others from the like crimrs ; but where the Trial
ttJ £xecution are in private, it not only defeats the end ot Justice,
Im sdords an opportunity of secretly destroying in'io<ent men,
v^icfa must nc^ds expose the sul>j'.'(*t t<> a variety uf fears and dan-
ff^Cr. Car. 196, 109. Mo. Rep. 540. Latch. U\. 204. if) 2 Co. Inst.
480, 6«0. 2. Rol. rep. 384. Godolph. Abri.lL;. p. 89. (g) 2 ^'o. Isi^tit. 103.
(k) Forte«cue de Lmud. J^. Antjil. cap. 27 & 2R. (i) It-id. «- in. 22. Tliis
*» the practice of the anrient Civil Law. .^-e the PVu^iueiits ot'.)i;i us I*uulu9,
lib. 5. Sentent. rccept. * Tic. 14. de qiitr stioiiibus liabtMiJib : Si sunpici '^e -iiiqiia *
* xcus urj^eaUir, adliihitis rormemis de sociiKet -^celcribn^ suis conti^eri C'<'..peU
'litur: — Keus evidenrioribun ur);iiiiientis oppres!»us rcperi in <|iiie««tioneii! p jtest,
'aaximh, si in tormenta aniiniim rorpusfjne duravorit.* — See aiso a wUAo Title
ii (lie Dif^iiCs de qusestionibuis, lib. 49. til. IB. See Instuivtr*; "l ihosc wId pii-
iwed liMste Torturer in Valer. Max. lib. 3. cnp. 3. & iib. B. i.ip. 4. Hu* so
ilwrd and QareuK^nable a practice was tbifi, that even the [i:iiiif^, ir'.opt: ^^h >m
< va» in use, had no good opinion of it, as appi-nrb from 1. 1. § '.^3. of the ^aid
Ttlc*de quzscioiiibus: lies c»«t frnsilis, et pcnciilosa, et quie vcririitoMi t'l.lit;
' nm plr^rique patientia, sive duritiA tormenroruin ita toiinentnin <:oiif* n^'r^nr.
It nprimi eis trerit •« oulhi niodo posbit ; alii tanta <iiitit imparientn, ut quo-
^19 mentiri, quam pati tormenta, vehut ; ha sit, ut etiuni vnrio modo fnteantur,
Qtoon tantudi se, veniiii etiam alios cominiiicntnr. (juintilian. (Uicl.im. 18. Oin-
un quidero incertorum Mmnicioivrs ))esviin(.- ^ein; or a orp'^ri'iH nu:iiiiuni;
Mc bene de cujuM)iiam niohbns illnin partem rorporis inlcrr tuc!), t^uM non
ttimo, sed dolorc resr^ooder.* See more to this purpose in Mcncnirnf's Ksiays
Book «. cap. 5. aod Grotius's Letters, X^t. 693. wherein he Hppruves the omii»-
*» of tbii practice in England.
XXVI TREFACLS TO FORMER EDITIONS
prrs inconsistent with the liberties of a frcr people. — These are
great ai:! noble Privilc-ges, which we niiiy justly value ourselves upoii«
an«l should be very i:nw'»rihv ot, it* we k\u\ notluEihiv prize them.
Pnrtiuil .rfi/ In (..'asesof IIi^.h-TriiasjON the l:ln|;Ush subject has pccubar advantages :
in (Y .«^< (/ * Tiiis is a (.'harce ot" a eoreral nature, and thoretbre more diflicult to make
HijUTrcason, a Dct'cnci.- to (k) ; it subjects the cllender to a severer punishment, than
other criims; liie crown is more nearlv concerned, bv reason whereof
the IVisont-r has a more powerful adversary to contend with : this is the
fa*al engine so rfien employed by corrupt antl wicked ministers against
the nobie?t and bravest patriots, whorc latidable opposition to their per-
liicious schemes tiiose ministers are very rrady to construe into Treason
and Rebellion OL^ainst the Prince; thereby confounding their own and
t!ie IVincL-'s interest together, as if the one could not be opposed without
the other. Our ancesiors therefore thought this a case, wherein the
Subject needed more than ordinary assistance ; lest therefore too great
a latitude should be left to the arbitrary determinations of a Judge, who is
the 1 reature of the crown, they took care to particularize the several
species of Treasons by an express law Cl) ' and to guard against all
furced constructions ai;d innuendos, it was by the same law farther pro-
vided, that, all Treason should be proved by some manifest plain act or
deed ; and that no innocent person might be in danger of suilering thro'
the perjury of a single witness, it was aficrwards provided (mj, that none
should be convicted without two positive Witnesses.
And in the Nor does our Law excel others only in defending the Life of the sub-
j^ravUiotis for ject against any injurious attacks, but also in its care and concern for the
''?*^ /:''']''■/' ^f Liberty atid Freedom of his person. How absolute soever the sovereigns
iht :)uhjat. ^c other nations may be, the king of Ilngland cannot take up or detam
the meanest subject at his mere will and pleasure CnJ : it is one of the
privileges confirmetl by ISIagiia Charta (o), that no man shall be re-
strained of his liberty, but by the law of the land : that is, savs lord Coke
Cp)f by Indictment or Presentment of good and lawful men, or bv the
king's Writs out of his ordinary courts of justice (q), or by lawful War-
rant. Now every lawful Warrant (rj must be ground eil upon oath ; must
plainly and speci.Uly express the cause of commitment CV ; must be
under the hand and seal of one, who is authorized to do it, expressing his
otlicc, place ani.1 authority (t), whereby he committeth, and must con-
clude, " until he be delivered by due course of law," and not " until fur-
ther order," or with such liko concluhions. Nor has the law only pre-
scribed what shall be neccssarv to a kual Commitment, but it has also
pnivided divers Remedies (u) in case any one should be illegally com-
mitted, or detauied ; the parly iivjured may have an Action or Indict-
ment founded on Macrna Charta, an Artion of false Impriaoument, a
Writ (it: hominc rrplcgiamto, and a Writ dc odio et atin Cx).
* But so precious is the Liberty of a man's person in the eye of the law,
that none of these Remedies was thought suilicient, not giving so speedy
(k) IIow ijreai a latitude was Uikeii in this matter may apj)car from the mirient
lAW-Books, itliere the lyin:; ««ithjllic nnricsot'the kiiio'b children, or the killing a
man sent on an errand by the king, ncre adjudged 'i'icaM>n. 1 Assi?. 22 Ed. 8.
pi. 49. Briton, p. 4J.
f /> 23 Edw. 3. Stol. 5. cup. 2. That this wns i!ic ocra>ion of this Law ap-
pe&ra»from llie Petition of the Commons on whi;:U it was founded, wherein
they cpoiplam the Justices did odjudpe several: to be Traitors, ijr i aiise^ winch
tlievdid not own to be Treason. This Tctition is entered iu the Pariiamcnt Uolls
of that year. No. 17 L
aJJ^^ ^r^ 6 Edw. "6. cap. 11. Deu:. c.ip. IP. ver. 15. (n) 2 Co. Instit.
J %«r. ^V . P- *^- (P) ^ ^"*"*- ^^- 50. rv) 2 Co. In»lir. 187.
VA - r. T^"*"- *^' ^O 3 Car. 1. cap 1. 5 5. 2 Co. Inst. 016.
Q) SC'O-Inst. 591. (u) 2 Co. Inst. 55. (x) Thi;. Writ is mow quite
«iuied.; what the nature of it was, svc 2 Co. lust 4^'.
OF THE STATE TRIALS. XXVU
1 relief as the urgency of the case requires ; another Remedy is there-
fere provide^* viz. the Writ oP Habeas Corpus (}f), which is cdlled /cir/-
uAramedium, By this Writ the gaoler is obliged immediately to bring
liie body of his prisoner before the Lord Chancellor, or one of the twelve
idges, and to certify by whom and for what cause he stands commit-
wd; whereupon the £ionf Chancellor or Judge is required (unless he be
lefally committed for an oiience not bailable by biw) to discharge or
hil him, except in case <yf Treason or Felony plainly and specially ex->
pfnsed in the Warrant (zj ; and even in those cases, that the innocent
■ay not be worn and wasted with long imprisonment (a), the prisoner
nst be brought to his trial within a reasonable time ; for if he be not
iidicted the next term or sessions after his commitment, having duly en-
kr'd his Prayer, he shall on the last day of the term or sessions be ad-
■itted to bail, unless it appear to the Court upon oath, that the Witnes-
les for the king could not then be produced : and then, if he be not in-
dicted and tried the second term or sessions after his commitment, he
ihall be quite discharged Cb)-
But because all these precautions in favour of liberty may be render-
ed useless by sendingthe Subject to remote or private prisons (c), where- ^
bv he may lose the benefit of the king's Commission of Gaol Delivery (d),
tod the king's writs be rendered ineffectual for want of knowing whom
. todbect them to (e) ; to prevent this inconvenience, the law has further
provided, that no subject of £ngland shall be sent prisoner into any part
bejrond the seas, either within or without the king's dominions (f) ; nor
shall any be compelled against his will to serve the king out olf the
lealm, lest under pretence of service, as ambassador or the like, he
ibookl be sent into real banishinent Cg) : nor can any be regularly impri-
niKd within the realm in any other place than the common County Gaol or
other publick accustomed gaol Ck) ; for wliich reason a gaoler cannot l>e
tnthorized by any warrant to deliver his prisoner into the custody of an
onknown person (i) : Nor can any new gaol, according to the o|)inion
of lord Coke (kj, be erected, but by act of parliament ; one statute (Ij
erdainsthat none shall be imprisoned by Jssti^es of the Peace, (some
lay this extends to all other judges and justices. Cm) but in the cgm-
Doa County <>aol, saying to lords and others, who have gaols, their fran-
cbiset.
Somt will be ready to object, if these laws were in force, that a Sub-
ject shall not be compelled to serve the king out of the realm, how comes
it to pass that divers subjects (not only mariners, but others) have been
taken up by virtue of Press-Warrants (nj, and by force put aboard a
■hip and carried beyond sea ? if ii be not lawful to commit to any but
intient accustomed gaols, how comes it about that so many persons havi^
been taken up by messengers (o), who have imprisoned them in their
own houses, detaining them there not for two or three days only, (the
time allowed by law to take their examinations) Cp), but for weeks or
mooths, thereby making gaols of their houses, though they have neither
the grant of such a franchise, nor any act of parliament to make them
so? These are <)uestion6 to which I will not undertake to give a satisfac-
toiy answer ; but shall leave that to others, who are more nearly con-
cemM and better abk; to do it : I can only say, that whatever may in
(y) 2 Co. Inst. 55. (x) 31 Car. 2. cap. 2. § 2 ^ 3.
(a) 3 Co. Inst. 315. (b) 31 Car. 21 cap. 2. § 7. (c) This
was complaiiied of by the Judj^es in the 34th of Kli/.. 1. Aiider. Kep. 297.
(i) 2 Co. iDstit. 43. 315. Cro. Eliz. 830. (e) 2 Co. Iiistit. 53. (f) 31 Car.
8. cap. 2. $ X2. (g) 2 Co. Instit. 47. (k) 9 Co. Rep. 119. h. (t) 2
Co.Iottit, 53. liow a prisoner may lawfully be removed, see 31 Car. 2. cap. 2.
§9; (k) 2 fnsdt. 705. (i) 5'Hen. 4. cap. 10. (m) 2 Co. Instit. 13.
r«J See 16 Car. 1. (o) 5 Mod. Rep. 79. (p) Cro. EI12. 83q.
XXVlll PREFACES TO FORMER EDITIONS
fact have been practised, I do not know that such practices hare ever
had the sanction of one judicial determination, and for my part must
contest inyseit'HDiibli; to reconcile them to the laws of the land.
It musi be iiwued that t[ie guards and fences of the Law have not al-
wa\ ^ pnivcd an tilectual security for the Subject; the Reader will in
thft rfUHSi' of tht>e Trials find many instances, \\heiein they, who held
thf .^woi fl of justice, did not employ it as they ought, to the punishment
of ivi:<(ioers, but to the oppre^ision and destruction of men more righte-
ous tiiaii thoniselves. Indeed, it is scarce possible to frame a Body of
I^ws, \%hich a t^-rannical prince, influenced by wicked counsellors and
corrupt jud^jies, may not be able to break through ; they may sometimes
check, but will never be able to stop the career of violent and furious
men The I^aw itself is a dead letter. Judges are the interpreters of it»
and if they prove men of no conscience nor integrity, will give what
sense they will to it, however diflerent from the true one : and when
they are supported by superior authority, will for a while prevail, till by
repeated iniquities they grow intolerable, and throw the State into those
convulsions, which may at last end in their o\^n ruin. This shews how
valuable a blessing an upright and learned judge is, and of what great
concern it is to the public, that none be preferred to that office, but such
wh'.ist* ability and inteirrity may be safely depended on : I^ioraniia ju^
dU'U est calamitis bmocaitis (q).
Further pro- However, amidst all the mischiefs caused by the arbitrary proceedings
vitiontin casci of these wicked and unjust Judges, there is one good eiicct has follow'd
of Treason. ft-Q^ ttiem ; it is to them we owe those additional provisions, which have
be(?n since made for the security of the Subject : £t tntUis ntoribus bontt
oriuntHr let^s (r) ; Leges egregitc apud honos ex delictis aliorum gignuniwr (s).
In all cascH of TrC'ison, wherein the crown Ls more immediately intei-est-
cd, the party accused may now demand a Copy of the whole Indict-
ment Oj» ^>^^ clays at least, and of the names of the Jurors (uj two days
at least betore his trial ; he has a right to the assistance of counsel (rj,
not only in matters of law, but in matters of fact ; he may now have the
benefit of the usual process Cy) to compel the appearance of his Witnes-
ses; who, when produced, are to be examined on oath (zj, as well as
those on the part of the crown (this last privilege has been since C^j ex-
tended to all treasons and felonies). Each species of treason must be
prov'd by some overt-act C^O* ^^^ there must be at least two witnesses to
each species (c). If the accused be a peer, not only some pick'd out of
the whole bo<ly, but all the peers must be summoned to the Trial, at
least twenty days before Cdj*
There are other Alterations (e) made in fiivour of the Subject, which
the legislature has not thought fit should take place during tbe. life of the
present Pretender. After his decease no Attainder for Treason will
work a disherison of the heir, or atlectany other right, than only that of
the olfendcr duriupr his life : the prisoner will then be entitled to have a
List, not only of the Jury, but of the Witnesses to be produced against
him at the Trial, with the addition of their respective professions and
places of abode, delivered to him alone with the copy of the Indictment,
in the presence of two witnesses, ten Jays before his trial. The lirst of
these Alterations bring to mitigate the punishmentof those, who slmll by
the law be adjudged guilty, might be thought an unseasonable relaxa-
tion, while there should be any apprehensions of immediate danger : but
Cq) S Co. In»tic. 30. (r^ 3 Co. Imtit. 161. (t) Tacit. Anna], lib. 95.
§ 20. Some instances of tms kiud are (here mentioneci. (t) 7 Gul. 3. cap.
3. § 1. (u) Ibid. §7. (x) Ibid. $ 1. (y) Ibid. § 7. (x) Ibid. $
1. Thus it ought ulivays to have been. See 3 Co. Instic. p. 70. (a) 1 Ann.
cap. 9. § 3. (b) 7 Gul. IIL cap. 3. J 9. (c) Ibid. J 4. (d) Ibid. § 11.
($) 7 Amu Of. SI.
or THE STATE TRIALS; XXIX
%ky the othera should be defer'd bo long, which are intended only ai
tbe proper guards of innocence against violent prosecutions, I will not
pftteod to ffuess ; for the heinousnoss or mischief of the crime charged is
» far from being a reason, why the prisoner should want assistances, that
km rery strong reason to the contrary : it being as easy a matter to
iBjpcMe a false charge of a great, as of a small crime.
These are some of the Privile^ of a British Subject, which no Other
Hbject in the world can boast ot. But after all it must not be said, that
Mr Laws will admit of no Alterations for the better.
1. £yeo in that darling and deservedly esteemed Privilege of being Observations
tiicd by Juries, some chance might, I was going to say, ought to be on Juries^
mtU : the law requires, that the twelve men, of which a Jury con-
siti, shall all agree before they give in a Verdict ; if they don't, they
■Ht andergo a greater punishment than the criminal himself; they
«e to be confined in one room without meat, drink, fire or candle, till
inr are starv'd. It would be pretty hard to assign any tolerable rea-
n for this usage : if it has seldom- or never happened, Fm afraid
iihas sometimes been prevented only by the unjust compliance of
nse of the Jurors against their own consciences. For however
p|«in some cases may be, ethers there are, wherein they cannot avoid
^ifitring in their judgments ; nor do they deserve any censure for
» doio^; many men, many minds ; all can't see things in the same
iighL To what end therefore are they to be restrained in this manner ?
h may indeed force them to an outward seeming agreement against the
dictates of their consciences ; but can never be a means of mforming
tkir judgment, or convincing their understanding. I have known, when
I Juror being afterwards asked, how he could join in such an unjust Vcr«
jiict, could give no better reason for it, than that the others were of that
wion; which, I fear, is the best reason a great many are able to give.—
I it be said, that otherwise one stubborn fellow may stand it out against
>U the festp even contrary to the convictions of his own mind, it is very
trie he may do so ; and if his body be as stubborn as his mind, starve
^^^ oat too. But why then is his voice regarded ? Why can't the
<AhengiTe -a sufficient Verdict without him ? Or, if a man must not
br cofmcted without the agreement of all, why then is not the Prisoner
^aitted, when they can't all agree r But why must the Jurors be com«
pelled to an agreement one Ti'ay or other ? Alter all, a forced agreement
(n all agreements procured by restraint art') is no better than none,
if the consent of him, who stands it out against the rest, be of any
regard, it ought to be free ; if of none, then why can't a Verdict be
ji^en without it ? If tv^elve must agree, the better way would be to have
twenty-three on a Jury, and the Verdict be given by the majority ; for
we 'tis an odd way of deciding a cause, that it should be left to the de-
lennination of him, who can fast the longest. But suppose it should be
thna^ht requisite, that two-thirds should be of a mind,, and if so many
roald agree to find the Prisoner guilty, he should be convicted ; and if
tbey did not, he should be acquitted : would not this be a sufficient
i«urity for innocence f Sure it would be much better to make a provi-
sion in case of non-agreement, than by forcible methods to extort the
appearance of one ; for it is the same thing to the prisoner, whether
ht: \\e convicted without the concurrence of all, or by a concurrence
which is not sincere but forced.
2. Another thing not to be counted among the Excellencies of our On the pro-
Law is, the IndictmenU and other Proceedings being in the Latin cecdings being
tDDgue. Every body knows, that not one prisoner in a great many *'* I^Hn.
tmderetands that language ; and tho' the Indictment is generally ex-
plained to him in the vulgar tongue, yet it is to the original he must
tike his Exceptions, and upon that the arguments must be founded. In
the days of Oliver Cromwell all Proceedings were in the vulgar tongue ;
XXX PREFACES TO FORMER EDITIONS
and tho' it has not been . thought proper to continue a practice intro-
duced by an Usurper, yet if the thing be really fit and right, it matters
• not, who introduced it : fas est et ab hoste doceri. The same might be
said with respect to the Writing it in a peculiar hand^ not generally
understood. It is a maxim in Law, Ignorantid juris nan excusat [e);
ignorance of the Law is no good plea ; it is indeed necessary that it
should not, for if ■ it were, the laws would always be evaded by a pre-
tended ignorance ; but then it must be vety unreasonable to use any
methods, which tend to conceal that law, and keep the people in igno-
rance of it : Misera scrvUtis est, ubijus est •QOgiun out incognitum (/). The
inconvenience of this will appear more plainly, if we consider that
every Indictment must be assented to by a Grand-Jury ; and another
Jury must afterwards declare whether the Charge therein contained be
true or not. Now how can it be expected they should declare their
consent to what they cannot understand P So that I verily believe, the
greater part may very safely return Ignoramus to every Bill that comes
before them.
Gh the form qf 3. Here it may not be amiss to take notice of -one thing relating to
Indietfnents. the Form of our Indictments. It is very common to insert words, which
arc never intended to be proved : as for instance, the Words vi et annii (g)
in Indictments for writing or publishing Libels, and in many other cases,
where there is no pretence or colour of truth in them ; e. g. Juratore$
prasentemt, quod J. S. vi et arm is falsd et malitiosi scripsit qucndam
libellum (h) ; which not only is an absurdity in the nature of the thing,
but tends to insnare the consciences of Jurymen ; who in giving a -
general Veniict against the Defendant, do not always consider whether
that part of the Indictment be prove^. When a Juryman gives a general
Verdict ag^ainst the Defendant, he does in eflect declare upon oath, that
he believes the entire charge as laid in the Indictment, to be true ; how
therefore can he find a man guilty generally, when there is one part
of the charge, which he either believes to be false, or at least has no
reasoh to believe to be true ? It is said that these are words of course ;
if they be, yet still they have a natural and proper meaning (else why
are they inserted ?) ; and if they are not true, I don't see how any one
can upon oath honestly declare they are, unless it can be thought an
excuse for giving a rash (not to say a false) Verdict, that it is a thing of
course. The words of course are generally the most material words in
an Indictment ; proditorie (i) is a word or course in an Indictment for
Treason, burglaritcr (k) in Burglary, and felonice flj in Felony ; but if
any of thase words be omitted in their respective cases, the Indictment
will be naught.
fn blasphc" It is greatly to be feared, that Jurymen do sometimes overlook the
fiHtus most essential Words of an Indictment, under the notion of their being
words of course. Thus -in the case of a blasphemous Libel, it is custo-
mary to insert the words falso et tnalitiost scripsit, &c. and indeed they
are the very gist of the Indictment, and absolutely necessary to con-
stitute the offence : for as no words can be Blasphemy (i. e. a reproachful
( c) Digest, lib. 22. tit. 6. De jaris et facti ignorantia, 1. 9. Plowd. Com. 343.
(./*) 4 Co. Instit. 24G. 33?. This Grievance is since remedied hy the 4 Geo.
2. cap. 26. by which it is enacted, Thut all Proceedings shall be in Rnglish, and
wrote in a common legible hand and cbarmcter, and iu words at length. See
also 6 Geo. 9. cap. 14.
ig) These words are not necessary in these cases. See 37 U. 8. c. 8. it it
thcreu>re the more inexcusable to insert tbem, when they are not true.
( A ) See the Indictmeuu of Francis Smithy and of limrence Braddon, 2 Lev*
221.
( I ) 3 Co. Instit. 15. H. P. C. 11'. ( Ae ) 4 Co. 39. b. Cr. EUx. 9£0.
C /) 5 Co. 121. b. Cro. Elix. tOS.
OF THE STATE TUIALJ. XXXI
reflection upon God or Religion) which are tfue, for Truth can be no
rrflection on the God of Truth ; so no opinions, however erroneous, can
■erit that denomination, unless uttered with a wicked malicious design
^ reviling God or Religion (m). And yet how often have persons
becD found guilty upon these Indictments, without any proof either of
(be falshood of the positions, or of the malice of him who wrote them }
Xay sometimes, whx:n there is a great deal of reason to think they were
nbltshed from no other principle, but a sincere love and regard for
inoh ? These are things not always tuflicicntly attended to by Juries ;
i often satisfies them* if the Defendant be proved to have done the fact
(i. e. wrote the Book) whether with the circumstances fulso ct maiitiose,
M charged in the Indictment, or not ; and yet when the Defendant
ooaes to move in Arrest of Judgment, that what he has done cannot
iMOont to Blasphemy, because it was not done with an evil intent; he
iithen told, that that is found by the Verdict, and must be taken to be
tne ; and "so indeed it must : but then this should be a caution to Juries,
kv they find a man guilty of an Indictment generally without due proof
4 every part of it ; ^nce every thing, which was proper for their
cnaideration, will after verdict be supposed to have been considered by
tbm, whether in reality it was so or not.
Thus iu the Case of defamatory Libels, or of Scandalum Magnatum, (^^d drfama-^
idea the ^otdfaUo is inserted, the Defendant ought not to be foundx ^^ Uit^ls,
fuity, if the assertion be true. Whether it be necessary to insert the
««d folio, is another question, (tho' I believe it would be difficult to
auntain an Indictment without it;) yet certainly where the Indictment
ckarges a man witli falsly writing a Libel, he cannot justly be found
fnity of that Indictment so laid, if the words be true.
4. Hitherto the Law allows not a copy of the Indictmciit, nor of the On Trials f^
macs of the Jurors, nor the assistance of Counsel (n) as to matter of -^^^""i^-
Ux on any Indictments for Feloii y, vet it is the opinion of many it
wwikl be never the worse if it did ; for it seems very strange to allow
\xoaxk these assistances in defence of his property, and deny them to
W, when his life lies at stake. Perhaps it will be said, that the pri-
Mter voold by these means be enabled to make captious lilxceptions
to ibe proceedings, whereby public justice might be either protracted
tf traded; but this objection would be removed, if the law did not
^Uow of such exception^; fur either they relate to the merits of the
caiue, or they do not ; if they do, they arc not captious, but he ought
U have the benefit of them ; if they do not, there will be no wrong
<tone in disallowing them. I
But still there is one reason why, as the law now stands, the Prisoner
Mght not to be wholly deprived of the means of making even these
c^ious Exceptions ; and that is, because otherwise he may be brought
iuto jeopardy of his life divers times for one and the same offence, a
tfauig very unreasonable in itself, and contrary to th^ Maxims of Common
Lav foj ; for if he be found Not Guilty on a faulty Indictment, his
.^uittal shall' avail him nothing, but he may still be indicted again for
t^ same fact. This is founded on a supposition (p), that his life was
io DO danger on the first Indictment, because of the Exceptions which
nu2ht be taken to it ; and yet it is apparent, that the generality of
prisoners, unless they may be informed by counsel of suCh'Exccptions,
ud advised how to make them, arc like to be but little the better for
them.
{m) See'Refbrtnat. lefr. Eccl«siast. do Blasphemia, cap. 1. ' Bla^pbemia con-
* tfmpto contumelias in Deum projicit, et iracundia.' See aJbo Whitlock's Speech
'^ behalf of James Nayler, vol. 2. p. 97S. Blasphemy is ' crimen malitise/
^ a ) See Wlritlock's Alem. p. 4SS.
(•} 4 Co. 4P. •• 47. a. (^) Ibid. 45. a.
\
xxxu
PREFACES TO FORMER EDITIONS
Jjt Peine fort
ct dure.
On the pu-
nithmcnts of
CrirttcSf
Tf'Mh
Murd<f ,
5. Tliere is one thing in our Laws which is very singular^ and comet
the nearest of any thing to the Tortures used in other countries^ viz. k
Peine fori et dure, or, pressing to death : 'Tis true, this is not used to
force the Prisoner to confess, but to plead one way or other ; but yet
even this seems a needless piece of severity. In High-Treason, if the
party refuse to f>lead, the Charge is taken pro coirfeuo ; nor would it be
any inconvenience if it were so in other cases, or rather if it amounted
to a plea of Not Guilty, and the coUrt thereupon proceeded to hear the
Proofs of the Fact ; for it is as unreasonable to press a man to death
without a trial, as it would be to hang him without one^: nor can a plea
extorted by such methods give any credit to the proceeding of the
Court more than if they had proceeded without one, which yet would
be no injustice to the pnsonbr, who will not plead, when he may : nor,
on the other hand, is it reasonable, that the hardiness of a Criminal, if
he should be able to endure such a lingering death, should exempt him
from the forfeitures the law has thought his crime to deserve : if this
advantage were taken away, the only temptation of standing mote
would be taken away too.
6. It has been esteemed an advantage of our Law, that it does not
inflict various and cruel Deaths ; that which is inflicted for Treason it
the on]y one, which has any appearance of severity ; and even there in
the execution it is generally the same with other capital cases : but yet
it must be also observed^ that our laws are very liberal of the lives of
oflenders (r), making no distinction between the most atrocious and
heinous Felonies, and those of a less degree. If a man commit a single
Robbery, hanging is the punishment inflicted by law ; if he commit
RobbiTy and Murder with never so many cruel circumstances, the
punishment is still the same, and no more : so little regard is had iu
proportioning the punishment to the offence, that the letter of the law
makes no ditterence between picking a man's pocket (9) and cutting hit
throat ; between stealing his horse (t), and firing his house about hit
ears. How far this is either just or prudent, is left to every one's ewn
reason to determine ; it is certainly a strong temptation to an highway-
man to add murder to robbery, when by that means be runs less danger
of a discovery, and no dani^er of a severer punishment.
The Law of God to the Israelites rec|uired, that a person convicted
of Theft should restore tWi>-fold (u), an J in some cases four or five-
fold (x) ; (thus it was also by the Civil I^iw (y) ) and in cases where
personal violence wa^i otlerciK the I\inishment was retaliation, " Eye
" for eve, tooth for tiH)th. hand for hand, foot for foot, burning ror
•' burninsr. woiuul f*>r wound, and slrijx' for stripe (z) :*' and tho' this
law m«iy not in strictures W* in\v\\\\^ on other nations, \-et undoubtedly
wiiere titc n-asi>u holti^ the siuiic. it i« the best pattern tor our imi-
tation (a).
Murder is iiidred .1 nime, which even by the I-aw of Rewliation calls
for a capital |iuiiiKhmrui ; it is so |HTenipiorily enjoined bv the law
«;iven ti> \<»«ili. (<iiul iSrrel'ore huKJiiih; on all his poster it v) *' Whosoever
•* sfieds man's hlinuL hv man A\^\\ li.< Mmul l*c» i^hed" ''6 >. that some
have ^iieMiuned ^i). wheiher «uty piiiier or power on earth can
( r > S-*' S|Hrhii»n\ 1 il%* ..I kiii( Alii.-.l. |. I»>t ^ O <5 Eli?, cap, 4. § 9.
{t) \ \\\\\ K\ K\\y. 1' ) 10 V* iN 1 I >i«« i* I Ml* .V*
(tt) l''\i>ii. t .ip \;v %«i itN r V ' ^ H",! %\n». .5.' ver. 1,
(^V ^ lii»iii. Ii'». • III. t lU' iil'lif'tii ••» ♦i"«*«'\ »i*'Iioii», Ckv*. > 3.
(It) r.\iHt. C4i|». >fl- M*i VI. 4> \%\\\ \'\y 44. vei. |o. ^a Deal. cap. 19.
\cr. '^l. ^
(a) ISriti. do jui M lili .* t >i|» ^*<* ^ M
(6) li«ii. Cii)i! u. svi\ w \i\%*\ til- I'ti Ut lili I i>i«|v i. ^ 5.
((' ) iwe tluk QiwttttfJi itin^MV III lU«he|i lU(l^«i*« C«Mi vf O
OF THE STATE TRIALS. XXXlll
lavfblly dispense with it in any case of a plain notorious Murder (d) :
BOft certainly they ougfit not without some very important and pecu-
liar reasons, and not merely for favour or interest. The Law of God
ferbids, " that any satisfaction shall be taken for the life of a Murderer,
« bat he shall sarely be put to death (e).**
As to other less OfTenders, it would be a more equitable and effectual
Ftaiishment to confine them to hard (f) labour at home ; or, if they
ieierve it, to sell them to the Moors or Spaniards abroad : it is Idleness
vkich is the source of their guilt, and generally draws them into the
nmmission of their crimes, and therefore nothing more proper to rc-
dtim and deter them, than hard work and labour : however, they have
by their guilt incurred a forfeiture of their natural liberty, so that no
vroog will be done them in disposing of them in that manner. I am
nre It is a much more lawful, method of making slaves than the practice
if kidnapping and stealing innocent men from off the African shore, and
kcibly carrying them away from all their friends and relations into a
nserable Slavery in America, without any better title, than what arises
from the difference of complexions.
However, not to enter into a discussion of the lawfulness or justice of
taking away Life for every kind of offence, a consideration which the
karoed Spelman observes has not had its due weight in later ages (g),
ret methinks so long experience might have tauglit us how incfrectual
It is to answer the purposes for which it is designed. Death is uhimum
t^iciwn, and is therefore intended only for crimes of the highest rank ;
hit when it is indiscriminatelv inflicted, it leaves no room to difference
tbe punishments of crimes widely different in their own nature. The
btrer part of mankind are apt in dubious cases to judge of the heinous<^
Bes of the Olience by the severity of the Punishments ; but yet, when
ibeyiee the same punishment aimext, where the difference of Guilt is
■aoilcst and apparent, they soon lose the sense of that extraordinary
piilt, and instead of conceiving worse of the crime, they only blame
the cnieltv of the law. Further, when such numbers are continually
ocdtred for Execution, (as must be the case where Death is made the
comncfi punishment for ordinary crimes) the frequency of the example
de^trori the terror of it, and makes it less dreaded than goinff to the
(vaifevi or any place of hard labour. Besides, when the punishments
are so very disproportionate to the oflence, it defeats the end of them,
lonsmach as those, who have any tenderness or humanity in their
feiDper, will much rather forbear wholly to prosecute, than be made
the Instruments of putting such severe laws in execution ; instead there-
fore of being a means of bringing the Oflcnders to punishment, it is
oftentimes the very reason, why they escape with impunity.
This severity of our Law in inflicting capital punishments upon the
lighter crimes of Pilfering and Thieving seems the more extraordinary,
when one considers the great indulgence shewn to one of the first mag-
■itade, and which is productive of much more mischievous consc-
qoeoces ; I mean Adultery, which it is holden (h), does not by our law andAdulUry ;
f 4) hj divers old Statutes no Charter of Pardon ought to be granted in case
•f Murder. Dal. cap. 145.
( f) Numb. CJip. 35. ver. 31.
(J ) I'uf. Law of Nat. hb. 8. cap. 3. § 26. Mori Utopia, lib. 1.
( f! ; Spelm. in verbo Lanicinium. Sec also Hales Hi^t. P. C. in notis p. 19.
\k) 2 Co. Instit. 4t58. 9 Salk. Rep. 552. Galizard 6c Ritraulc : This is the
{(ncraJ opinion, tho' I must confess, I s^e not, but that Adultery is indictable
by our Ltwr. Godolphin in bis Repertorium, cap. 34. § 10. admits it to be a
vnporai otfence against the peace of the realm, tor which sureties of the peace
■uy be required. And lord Coke says, That in ancient times it was punishable
a lU Mnis or Jectt by fine or imprisonment by the name of Leiherwite, % IvlW^
XXXIV PREFACES TO TOfLZlZVL HVlTlOyS
a^lmit of ftn^' prosecution in a crimrna! way ; yet whether wc consider
the guilt of the olfender, or the mischief done to the injured party, there
is no comparison between the one and the other. What proportion is
there between a private Thef^, perhaps of some trifle, which may soon
be repaired, and the invasion of our ncierhbour's bed, fij irreparably
robbing him of all the satisfaction and comfort of his family, confounding
relations, and imposing u{>on him the charge of maintaining a spurious
issue as his own r The one is often done only to allay the violence of a
pressing hunger, but the other always to gratify an irregular aiKi
uns:ovcm*d lus^ Nor can it with reason be pretended, that the one is a
crime of a public, the other of a private nature : if the public be con-
cerned in the preservation of the Property of Goods, it cannot be less so
in the preservation of the more valuable Rights, which aflcct the peace
and quiet of families. Is pri'i'ate stealing an otience against th«
community ? The other is nuxch more so, having a greater tendency
to promote frays, and quarrels, public disturbances and breaches of
tht^ peace, from whence bloodshed and murders often ensue (k).
— ^Wiiat may be the reason why our laws make so light of this
enormous Crime, whether it be the countenance it receives from great
examples and the commonness of trtc tault, or siitne other reason, I will
not tiko upon me to say ; but most certain it is, that the laws of other
nations flj had a ditlerent sense of it, and treated it in a severer man-
ner : bv the Mosaic law it was alwavs punislted with Dea'h I'/u ) ; and
long before that law it was esteemed " an Iniquity to be punished by
" the Judges Cnj.'* — By an old law of Romulus Coj the Adulteress was
to be pu: lo death ; AJulierii conrictam rir cV cos^uti. uli zolait, rfcarJo :
and tW aftcrwa^s the Civil Law, Lex Jutia dc Aduiteriis^ punish'd it
only [j?-r rt:!iK:Gthnan Cp) ] with l>a:ii>hment, or [p^r dcp-^'t^ior.sm f^)1
with transportation into some r*.mo-e island ; yei liie fathrr of the
adulteress was pennitted to kill both his daughter arid the adulterer (r),
and in s^jiaK instances the husband had the same pu'.ver :^s} : and if he
chanced to use th^t power in a case not allow* J, even then he was not
4o3. 3 Inst. ?0(3. It :$ ullin^eti on »Ii hxnds tint an iiid [cement lit^5 tbr seducing
a senaiit a^.\:tT fnjni his master'? sen ire ; and that the ^nrae reojtin extends to
(he sedU'.iDi: u wife away fniru her !tu>ban'i : of tl:i> there is a prtcetlt- ii^ ia
Tremaiii's Enrries. p. .W. CtJ. ic 214; Tiie K\nz aguipv. Montiizue, 1 J;»c. 2,
an»l another ia Othc. Cier. i*ac. p. 311. T::»/ triese were Case* wjitre tLe Wire
weiit aw.ty wiih the Adulterer, }Ct the re:ts..-.i hol'i* pri'.f»orti •'.*♦•:>■, vrherc &Iie
ia st:\!ucrd I'j a bre.i'.h of her fidtiiiv :kr.d tru^t, tin")' it be \»':i.;ac scnng awav.
Ir'a mm cctuuch L* »i;Vs si«liT. thi* has K'cn l.e!»i a Mi^iv.r.caiJ jr penis t-
aOle Iv iridiCtmeu: or iuronna'.uu ; thi^ was do Ca-^e ot Fori loH Grer, for
dcbaucinu^ ih-? tAcl ot' Berkelev'j daujiter : See TriaU. a. r. IcS^. and ot'tlie
V'.ni .ic^-ir.si Ueatlioute, t*s>r derwuthin^ .Mr. IlinworthvS aay^'iter, Tri.i. 7 Geo.
1. .iri».*.'» U. R. K^-'t. 46. .>^re ii » not ii*** i;i'-.;)L3 t» debiii;cli another
mail's ^^■■t: ; lut stji; it is puri-iiablu -miIv :»5 \ MiMleu'.ea: t, .»nd n^^^ \\:Ui rl:ac
sev«?r:ty a? ?he ^udt of the otrtnte rt'^uirts, and tKe :.lw5 o: G::ier n.it: iiis l:a\e
'hn...v;h: :: Ci» iU-jcrie: *> cl.at tl e ::';ure*l r»r'y i* in a ;i::i::;.er oM-t-J to
b».:-^st' h:fn'<Ir'i> a civil action t\r (iin* ■■2e'»; tr«* as ?.lr. \V...".;.i,t j-j <a\'» in lUe
pi »rt? rited b^^l-'iw, the onVncc is r-i >i:cii a nature v..it no «£:.«:;•.. ri.i'n oin be
i-.i'it ;'>r ::, .;'*.\*r :: ;':red man thiniLS a, va i.t ;:•.: t; j!v d !«•-. If :his li« S4->
•^v ii-r j'.j'i -0 *» rri.T.-d. : -i r.'.j'ier iy dv:i.r f-jai cjriip.it:::'.^ :ht c.'-ime^
:Li.! -■• :^'\ a: i\i\:-.z i-:.':i^ f r ir. r.r':e.- ■: :• c .;iix*.avd.
I vv U'\" 'iT-Ti's !*•:!'_:, u -.'f N.viun*. i 6. i ..-. i}.
f V-: t V.^n. 7, c. o, . *' .• See G.^i.'.. 'i .\lr;o5::rcn:,cjp. 34.
' " U.!. cap. 20. Tcr. 10. D^utt-r. cap. i:. ler. J>. L:ti. cat>. 13. %er.
il. Saviiiiia. vcr. 41. J >Ua. caj. :?. rer. 5.
( « .. Ji>b, cup. 31. ¥er. 11. X ' .' ^« Bouipu* iii Makodo ili^urica can. 4.
i p) Difie^t- <fe divortni ic repiuiia, lib. 2^ tit. 2. 1. 6. ' . * '
( f > niMPic dr anmuwajkm, lib. 48. tit. IS. L s.
OF THE 8TATS TRIAXS. XXXV
ID be panishcd with severity, bnt only to undergo a miiiler sort of
poiiishinent (t) : but at length when the cmpifie became Christiaa,
oader the reign of Constaatine, Adultery was made capital, Sacril^oi
opfMnpM gUidiapwiri cporiet (u), and so it coutitiued to Justinian's (x)
imt and long after. Some are of opinion that it was so even while the
OBpire was Heathen, under the reign of Dioeletian and Maximian, it
beii^ enmnerated in one of their laws (y) among the capital Crimes.
As to smaller Crimes and Misdemeanors, they are diderenced with Ofxmaller
ttrfa a Taricty of extenuating or aggravating circumstances, that the law Crvnes and
hu noty nor indeed could affix to each a certain and determinate Penalty, Misdcm&aur
ibi is left to the discretion and prudence of the Judge, who may punish ^'*<*
itrither with Fine or Imprisonment Cz), Pillory or Whipping, ashe shall
dunk the nature of the crime deserves : but though he be intrusted with
•great power, yet he is not at liberty to do as he lists, and inflict what
nitrary punishments he pleases ; due regard is to be had to the quality
nd degree, to the estate and circumstances of tlie otfender, and to the
jteatness or smallness of the offence ; that Fine, which would be a mere
trifle to one man, may be the utter ruin and undoing of another ; and
tho»e marks of ignominy and disgrace, which would be shocking and
siievous to a person of a liberal education, would be slighted and de-
mised by one of the vulgar sort (aj. A Judge therefore who uses this
nk*retionary power to gratify a private revenge, or the rage of a party^
k inflicting indefinite and perpetual Imprisonment, excessive and exor*
tiTant Fines, unusual and cruel Punishments, is equally guilty of per^
verting justice and acting against law, as he, who in a case, where the
lur has ascertained the penalty, wilfully and knowingly varies from it.
Il^' no measures were to be observed in these discretionary Punishments,
iman who is guilty of a Misdemeanor might be in a worse condition
tban if he had committed a capital crime ; he might be exposed to an
iadcfiaite and perpetual Imprisonment, a punishment not at all favoured ^1/ Imprisom-
bv Uw, as being worse than death itself (h) : nor does an extravagant '^f '> ^*^
tittc, which is beyond the power of the oftender ever to pay or raise, ^^^^*
dtftfiT iBQch from it ; for if his Imprisonment depend upou a condition,
which will never be in his power to perform, it is the same as if it were
^bioiuit and unconditional ; if the oilender be not able to pay such t
¥mt: as his offence deserves, he must then submit to a corporal punish-
OKiit in lieu of it, according to the old Rule, Hid non habct m cnmtena,
taMt ia cuie (c). It is true, that Clause of Magna Charta (d) which re*
quires the saving every man's contenement, (viz. his means of livelihood)
extends only to Amerciaments, which are ascertained by a Jury, and
not to Fioes, which are imposed by the Court ; but nevertheless those
Fines ought to be moderate and within bounds ; where a court has a
p^wcr ot setting. Fines, that must be understood of setting reasonable
fines (€) : " an excessive Fine," says lord Cuke, (f), " is against
lair," Cgj, and so it is declared to be by the Act (h) *' for declaring the
&:ghu and Liberties of the Subject,'' ^c. The same Statute declares
Utt liiegality of unusual and cruel Punisliiuents.
It was the non-observance of these Rules, which occasioned the disso*
(t) Digest, ad leg. Cornel, de sicariis, lib. 48. tit. 8. 1. i. § 5. Digest, ad
bf . JuJ. de adulter. 1. 38. § 8.
(m) Cod. ad leg. Jul. de adulter, lib. 9. tiL 9. 1. 30. § 1.
(i) Institut. dtf publicis judiciis, lib. 4. tit. 18. § 4.
(y) Cod. da transact, hb. S. tiu 6. 1. 18.
^-> 8 Co. Rep. fo. 59. b. (a) Wollust. Rclig. of Xat. § 2. Obs. 5. Puf.
Uw of Nac. b. 8. cap. 3. § S5. Grot, de jur. bel. lib. ii. c. 90. § 33. (b) Vita
n<ir flMrte, Trials. (c) 2 Co. Ih slit. 173. (d) Cap. 14. (e} 8 Co.
■sp. ib. 38. b. (f^ 11 K«p* 4. 41. a. (g) See sir John Hawles*8 Remarks
« Fttbarris's Tmh^ i^) 1 GuL & Mar. ikss. 9. cap. 9. § 1.
XXXVl PREFACES TO FORMER EDITIONS
lution of the Star Chamber rO ; a Court) which lord Coke fitj calls th«
most honourable ia the Christian world, consisting of the chief officers of
the kingdom, but as he observes fl) wzs of such a nature as most of all
needed to be kept within its proper bounds ; it might indeed hare served
to very good purposes, if rightly managed, being chiefly intended for
the correction pf scandalous indecencies and Immoralities, which did
not fall under the cognizance of ordinary jurisdictions Cm) : but when
once its authority was abused to wreak the malice of particular persons,
and prostituted to the base ends of a Court-Faction ; when no ViimtA
were observed in the exercise of its Jinrisdiction, nor humanity in its Sen-
tences ; when the Judges thereof, however dignified by their posts, be-
came a disgrace to human nature by their barbarous and cruel butch-
erings, punishing pretended Libels not only with perpetual Imprison-
mcnts but with brandings in the face and mutilation of members ; when
the case was thus (as it appears to have been from some instances (nj
in this Collection), it was then high time to tear it up by the roots, as
a Grievance no longer to be borne with. A Judge therefore ought to
be strictly careful that he conform to the rules of law not only as to the
nature of the Punishment, but likewise as to the degrees thereof.
It is indeed no easy m.ater to settle the precise limits, how far a Court
oT Justice may go ; every case must depend upon its own particular cir-
cumstances. But some fines and some Punishments are so monstrously
extrava^nt, that no body can doubt their being so ; such were the
Fines ot sir Samuel Barnai'diston and Mr. Hampden, such were the
repeated Pillory ings and barbarous Whippings of Oates,Dangerfield, and
Johnson.
These Punishments may no doubt be properly inflicted, where they
are in a moderate degree and proportioned to the oiience ; only it were
to be wisheii . that some better care were taken in the execution of them.
Aow unreasonable is it that a Criminal sentenced to be whipt should lie
at the mercy of a vile execufioncr, and that it should be left in the power
Whipping, of a common hangman to make that Whipping as severe or as favour-
able as he pleases ? In this respect it must be owned we are excelled by
foreign countries, where the magistrate, who is the best judge of th<N
Oflendcr's guilt, is present at the execution of the Sentence, and gives
the proper directions about it.
•ndPiUory; As to the Pillory, that is intended only to expose the Offender to
shame and infamy, and to mark him out to the public, as a person not
fit to be trusted, but to be shunned and avoided by all creditable and
honest men : never did the law design that he should be ex|)Osed to the
pelting of a mob, or the assaults and injuries of a furious rabble, whereby
the prisoner is so disguised as to defeat one main design of setting him
there, which was, that he might be publicly known and observed. It is
indeed a surprizing neglect, that no effectual care has hitherto been
taken to suppress these practices, especially considering the fatal conse-
<|uences which have sometimes ensuod from them, even to the loss of the
poor man's lite, it is not sutlicicnt that whoever injures him in this
manner may be punished for so doing ; for how is it possible that a
man in hi< condition should obscrvi* who it is that does him the injury,
or <ccui( him if he did r lie is at that time in the hands uf justice, and
justice o\xrht to protect him : when a man is at liberty, he is in many
cases ubie to dcftnd himself; but when he is in the custody of the law,
and is thereby disabled fnuii being his own defender, the law ought to
(if This wM .1 Court hy mmnion Ij\w ronfinned bv 3 Hen. 7. enp. 1. and dis*
solved by lOCar. 1. cap/ 10. fkf 4 Insiit. '^y , // Ibid. 60.
fmj Ibid. 61. 6S. r ni See ProcecdiuA^ oKaimt Prynn, a. D. 1632-3^ «id
l^roccediD£5 stg^ant BMwkk, Batton, enil F^mi, a. d. 1697.
OP THE STATE TRIALS. XXXVU
be his security and defence against any injurious treatment. It cannot
be pretend^ that this is altogether impracticable ; experience shows us,
boir efiectually it may be done, when the officers iind an advantage by
k ; nor would there be any harm in it, if the officers were obliged by
proper penalties to take the same care without money, which they are
10 well able to do with it.
7. Another thing in which our Law seems defective is the want of
ioBe huther guard against the Packing of Juries, and the Oppressions
aid Ji^tortions of Gaolebs; but these are now under the consideration of On Gaolcrsy
At legislature, who, it is hoped, will apply proper Remedies to these
growing evils (o). As to the latter of these, 1 fear no Remedy will be
efiectual while they are sufier'd to buy and sell their places^ forwhilethatis
permitted, they will be understronger temptations than men of their charac-
ter and function usually resist, to exact more than is their due ; the thing
ittelf has an appearance of hardship, to force a man into gaol against his
will, and yet oblige him to pay for his admission into it : if he be guilty,
tbe punishment of the law should be deem'd sufficient ; but if innocent,
tbe hardship is still the greater, especially where it falls «pon the indi- and their
gent and necessitous. It is chiefly owing to this that our Gaols swarm Fees.
with multitudes of miserable objects, who lie there year after year without
any hope of redemption ; so that when they have suuerM the penalty o^ the
law, they have a severer punishment still to undergo for the non-payment
of Fees CpJ, a- debt which is forc'dupon them against their consent, and is
often out of their power ever to discharge, whereby the poor wretches are
. in effect condemned to perpetual imprisonment ; a thing very odious in
tbe eye of the law, even for great and heinous crimes. How much better
waald it be for the public to allow the Gaoler a reasonable s<ilary, instead
of these perquisites, which arise from the miseries of the unfoituiiate, who
are thereby often necessitated to take dishonest and unlawful methods to
enable themselves to pay them ? By the common Law (qj, to avoid all
extortion and grievance of the subject, no sheritl) coroner, gaoler or other
of the king's ministers ought to take any fee or reward for any matter
Unichmg their offices, but of the king only. This extended to all whose
offices did any ways concern the administration or execution of justice,
or (he common good of the subject, or the king's service (r), — Fortescue
OJ relates it as part of the Sherilf's Oath upon entering into his office,
'* That he shall receive or take nothing of any other man than the king by
colour or means of his office." Divers acts of parliament (^t) hare been
made in affirmance of this, which Lord Coke (u) calls " a fundamental
Maxim of the Common Law ;'* he adds further, " that while Officers
could take no Fee at all for doing their office, but of the king, then had
they no colour to exact any thing of the subject, who knew that they
ooght to take nothing of them ; but after this rule of the Common Law
was altered by some acts of parliament, which gave to the said ministers
of the king Fees in some particular cases to be taken of the subject, it is
not credible what Extortions and Oppressions have thereupon ensued ;•
whereas before without any taking at all their office was done, now no
office at all was done without taking, the Officers being feiter'd with
golden Fees, as fetters to the suppression or subversion of Justice" (x).
^ . ...
•
( 0 ) Both these Grievances have been since remedied in some measure, ll^c
htmer by the 3 Geo. 2. cap. 25. and the latter by 2 Geo. 2. cap. 22. {p) Mir-
ror of Justices, c. 5. §1. n. 53. says, It is an Abuse that Prisoners, or any for
tbem, should pay any thing for their entrance into or coming out of Gaol.
(y ) See 2 Co. Inst. 74. and the Authorities there cited. ( r ) 2 Co. Inst. 209.
(i) Dc Uod. Leg. Angl. cap. 24. ( / ) Mag. Chart, cap. 35. Wes>t. 1. cap. ID.
ttd cap. 26. ( u ) 3 Instit. 210. ( x ) 2 Instil. 74 k 176.
XXXVlll PREFACES TO FORMER EDITIONS
'J'hf true De- While Prii^oners are thus long detained, the tree design of Gaol-Deli*
siL'n of Gaol- veries can never be aiiswer'd : This is a Commission, says lord Coke (y)^
di liveries i instituted by the law of the land, ne homines diu dttineantur inprisona, but
ihdl they might roc^ivti plenam ct celcrem jusiitiatn : he adds, that Gaols
ought to be delivered thrice a year, or ottner, if need be. Of so much
consequence does the law esteem it to-be, that the Abbot of St. Albans (s).
who had a grant of a Gaol and Gaol-delivery, was adjudged to have for-
feited his IVanchise for an unreasonable delay in making Delivery of
his (laol. But what arc the Prisoners benefited by Gaol-deliveries, if
aiter the law has done with them, they may still be detained for Fees>
which they will never be able to pay ? — Another design of Gaol-deli-
veries was by clearing the Prisons to make room for neiv comers ; but
the Discharge of the old Prisoners being by these means prevented, tha'
continual addition of new ones renders the croud so great, that the place
becomes too strait for its inhabitants : this, together with the filih add
nastincss occasion'd by their miserable poverty and want of convenien<«
cics, is the cause of those contagious distempers which are wont so vio-
lently to rage in many of our prisons, not confining themselves within
the prison-walls, but sometimes spreading their infection in the very
court where the prisoners are brought to Trial, to the no small hazard of
judges, juries, counsel, and all who attend there. A dreadful instance of
this is recorded in History ( a ) to have happened in the twentieth year of
queen Elizabeth at Oxford assizes, when the Prisoners brought such a
stench with them into court, that the Lord Chief Baron Bell, the Sherif)*,
several Counsel, almost all the jurors, and near three hundred others, died
within the space of forty hours after it. I could wish our own times liad
not furnished us with a fresher instance of this' kind.
The ill cohsc- A further Mischief arising from this long Detention of Pri.*ioners is, that
qtiencm of the it defeats the principal end of all law and justice. All Punishnu-nts be-
common Ma- |o^ capital are intended to reform the criminal, and deter him from of-
nagement of fending again : but as our Gaols are commonly managed, it is to he feor'd^
^^'^' they breed up and harden more rogues, than the law either reclaims or
removes. The prisoners are indulged so ffreat a liberty in rioting and
debauchery, which the keepers, who have the advantage arising from the
sale of the liquors, find their account in promoting ; the young novices
are permitted to contract so intimate an acquaintance and fumiliurity
with the old oHenders, that our Gaols are rather the schools and nurseries
of all manner of roguery and w ickednes^s, than proper places for correc-
tion and amendment. It is generally observed, that they who enter in
raw and unexperienced offenders, with some sense of shame and modesty,
soi)ii grow to be impudent and hardened villains, entering themselves
members of a gang, wherein they are not only instructed in the theory,
but cxperienc'd in the practice of their wicked airts. This may seem
strange to some, who think they are restrained, (at least while they are
prisoners) from doing mischief without doors ; yet it is not without reason
Apprehended by others, that they sometimes find means to make excur-
sions, which is hard to be accounted for without the connivance or per-
mission of their keepers, who no doubt take care to be no losers
by it : and though this may be a favour not usually shown to any but
inferior rogues, who are detained for smaller crimes; vet I could mention
An instance (attested by a person of undoubted credit) of one who was
committed to Newgate -for breaking open an house in the night-time, and
Hrhile he was in suppos'd custody for that offence, was apprehended com-
mitting a fact of the like kind in a remote part of the town.
•.853^ ^""'^ p. 1«8b {8)2 Co. Inbtit. 43, ( « ) See Baker's Chronicle,
OF THE STATE TRIALS. XXXIX
Anodier matter of complaint is, that intolerable and inhuman practice The Use of
«f maay Gaolers, who to extort from their unhappy guests such sums as Chaim and
tbey shall thiuk fit to exact, thrust them as soon as they arrive uithin ff^^f^^ "*
ietr dominions, into stinking dungeons, loading them with Fetters and ^^^'^'
Iranft till they can bring them to a compliance with their unjust de-
Mods Cbj : the pretence indeed is, that they are answerable for their
pcitfoers. and therefore ought to be allowed the use of proper means to
Htcm them. That this is pothing but pretence is sufficiently plslin,
Miey being generally able to procure a release from these shuckles,
vftich do tben become no longer necessary for the safeguai'd of ihe Pri-
Mner, haTtng already answered their real design. Though Gaolers are
mdetd answerable for their Prisoners, yet neither the law of England nor
common humanity esteems such meani> as proper in ordinary cases ;
Saem ipddanfacitjuMtttia, rnkumanos nonfacit (c) : they may make their
Msons as slrdng as they can, may set what guards and keepers they will
to watch them, bat must use no force or violence to their persons, no
tortures or pains, while the Prisoners quietly submit themselves to tha
fVDcess of the law ; Career ad continendos ftonanes, nan adfnmiendos haberi
iikt (d). Prisons are designed only for the custody of the Prisonei s, not
for ibeir punishment, unless when it becomes part of the Sentence ; and
even thai it is no otherwise intended as a punishment, than by way of
confinement to the prison, not as a justification of any ill usage in it.
Qaioda gaalarum pccnam sibi comndms non atigeani, nee eos iorgueant, vel
rtdmumi, Med oimni satitid remotd pieiateoue adhUnld judicia dcbiti exequan-
ftr(e). If a prisoner is boisterous and unruly, or makes any attempt to
ticape, or perhaps if he only threatens to do so ; in such case it may be
aOowable to use a stricter discipline. Ix>rd Chief Justice Coke says (/ ),
"TliBit Shackles about the feet ought not to be, but for fear of escape."
If these words have any meaning, they must import, that unless a pri-
HiKi^has given just cause to apprehend an Escape, he ought not to be
fcticfed: otherwise it may be pretended af all prisoners, let them behave
iKver so peaceably and civilly, who will by these means lie at the mercy
^^kn, whose very mercies often are cruelties (g). The same Author
says in another place {h),*' Where the law requireth, that the Prisoner
tkioald be kept in saha et areta custodia, yet that must be without pain or
tonaeat to the ^ Prisoner," whidh Chains and Fetters undoubtedly are.
And again in his Comment ( i ) on the Statute of Westm. 2. cap. 1 1. by
which Statute the Gaoler is permitted in a particular case there mentioned
to lay his prisoner in irons, he makes this observation, " That by the
Common law it might not be donc.V There is one great absurdity in
this practice, that by these means the prisoner often sutlers more before
be is tried, than the law inflicts on him when he is found guilty ; l>iit
yetl know not how it comes to pass, it is too generally and too notoriously
practised to be either concealed or deny'd. This method of p^oceedin^ is
itKmUed by lord Coke [k) to that orRhadamanthus the Judge of Hell,
wlio first punisbeth and then hearcth ; like as the chief Captain did by
St Paal ( i), first ordering him to be bound with chains, and then demand-
iigof bim who he was, and what he had done.
[h) Sc* the Reports of the Comnoittee of the House of Commons nppointed
totnquire into the State of tlie Gaols, 1728-9, relating to the Fleet and Marshalsea
PrisoiiB. (c) 2 Co. Instil; 315.
{d) Digest, lib. 48. tit. 19. de ptenis, 1. 8. §9. Bract. 1. 3. fol. 105. a. 2 Co.
hiii. 43.' (c) TTeea, lih. 1. cap. 26. (/) 3 Instit. p. 34.
(g) Tis on this presumption of Gaolers ill-treatinc their Prisoners, that when-
»«■ my die in Prison, the law requires the Corooer should sit on their bodies, to
i^uxcinto the manner o( iheir death, before tliey can be buried. Flet. lib. 1.
c«^^6. (A) 3 Co. Instit. 35. (ij ^ IniUX. p« 381. {k) 2 lostit. 55.
(I) Acts^ cap. 21. Ter. 33.
xUi PREFACES TO FORMER EDITIONS
PREFACE
TO THE SEVENTH AND EIGHTH VOLUMES OF THE StaTB
Trials: printed in the year 1735.
After the publication of a CoHcction of Slate-Trials, which consists of Six Vo-
lumes in folio ; the Reader may possibly be surprised at the appearance of two
Volumes more of Collections on the same subject. For this reason it may be proper
to premise some particulars prefatory to the Work, concerning the inducements there
were to it, and the method wherein it has been pursued. And here we would by no
means be understood to lay an imputation on the gentleman who prepared the last
Edition of that Work for the press. The judicious Preface he prefixed to it, plainly
shewed him to be entirely master of the subject ; and he performed with eminent
sufficiency the part he undertook, which was, to prepare and methodize such Tracts,
printed or manuscript, as were brought to him ; to insert them in their proper places,
and to make Remarks and References where ever there was occasion. The business
of collecting the several pieces was by no means his province, nor was it to be ex-
pected from one who had daily avocations in the way of his profession.
And tho' it were admitted that the then Undertakers did every thing they pos«
sibly could, to render the Work entire - and complete, and spared neither pains nor
ex pence to procure materials fit for the purpose ; yet it is no wonder, that in so fruit-
ful a field, they should after all their diligence leave some gleanings to reward the
industry of those that came after them. They proceed in the first Edition (IPon a
very scanty plan, proposing to take in no Trials, but what were really State-TriaTs,
and were taken at Jength and entire ; and to this plan they adhered strictly, except
in a few instances : but in preparing the second Edition, by the advice of several
gentlemen of learning and curiosity^ a greater latitude was taken, and as well several
Cases heard before the Court of Star-Chamber were inserted, as other Proceedings
at Law, which could not properly be called. State-Trials ; and Trials which were
well taken, tho' not of a Criminal nature, were inserted, together with the dying Be-
haviour and Speeches of such unfortunate persoiu as suffered death upon their con-
victions.
In almost every of these particulars, these Supplemental Volumes will appear U>
have received many Additions and Improvements. The Cases here inserted, which
were debated in the Star-Chamber, are such only as were considerable for the curiosity
of the fact enquired into ; as the Case of Davidson for sending down the Warrant
for beheading the queen of Scots, contrary to queen Elizabeth's order ; or for the
figuif and station of the Persons concerned, as lord Chancellor Bacon and others.
Tlie Trial lor a large Estate in Shadwell, wherein the lady Ivy was a parly ; that of
IMr. Deruw and others, for assaulting Mr. Colepeper ; the Proceedincs between the
duicc and dutcliesi of Norfolk, and his grace's Trial with Mr. Germaine ; and some
oiluis, were taken from printed pieces, which, for their price and scarcity, were almost
ecjnivalt lit to Manuscripts: and we can with truth say, thai most of the printed
'JVacts lu ro made use of, cost above ten times the price, that an ordinary piece of the
same size i-^ commonly sold for.
A:^ tor the Trials in these Volumes which were never before printed, we are not
at liber! V to give the reason:^ why we believe them to be authentick ; but we conceive
the iiiirmsick marks they bear will be so evident and convincing, to every one that
read, them, uf their beiij^^ genuine, as to make any proofs on that head to be abso-
lutely unnecessary.
►
OF THE STATE TRIALS. xHil
We bare been obKged in a few places to transcribe here and there dome passages
from larger works: but in this particular we have been as sparing as possible, having
Bierted no more than was absolutely necessary to preserve the connexion, and to make
tk whole more intelligible. Ttie greatest freedom taken in that kind has been in the
Gi»llection of Arguments and Debates upon the Habeas Corpus Act and Liberty of the
Stbjecty between the years 1627 and 1640 ; in which we were obliged to be sometimes
^^den (but as little as possible) to Mr. Rushworth's Historical Collections. As
thoe contests, between the crown and the subject, were one of the greatest causes of
ik&tal coofusions which afterwards followed, and of that surprising Revolution which
mthe astonishment of all Christendom, every Proofing in that affair, warranted
by sufficient authority, was thought worth preserving, especially as it related to what,
KSt to the Life of the Subject, is deemed most precious in the eye of the law, his
Some gentlemen may perhaps think that Mr. Rushworth's Collection are so full on
Ab head, that it would be a presumption to add any thing to them : but it will appear
te most of the Speeches and Proceedings here printed arc not taken notice of by
Jfr. Rushwortb. How they came to be omitted, we will not pretend to determine ;
«Bly we cannot forbear observing, as a strange instance of partiality in that Editor,
that after inserting the Articles against the earl of Strafford at large in his Trial, he
lbs abridged the Answer put in by him- to his Articles, with this Introduction : " The
Amwer held three hours, being above 200 sheets of paper, too long to be here insert-
ed ; yet take an Abstract of the said Answer to the Articles exhibited against him,
which are as followeth/' Which Abstract is so vastly short, as not to contain above
ten pages.
For fear of being thought prolix, in order to swell the price of the Book, we have
wtted the Trial at large of the earl of Straflbrd, it being to be bad separate at a mo-
derate price. We don't doubt but his Answer at large would have been a great or-
■saent to this Collection, and would have enabled the world to judge more clearly
el hu Case, than it is now likely to do. But as all the Proceedings against him were
Jtricdy ordered to be obliterated ; so, with the utmost enquiry, we have been unable
to lad any Copy thereof remaining with the Descendants of liis family, or in any
. ether han£.
The Case of Monopolies, between the East-India Company and Mr. Sandys, does not,
it most be confest, strictly speaking, come under tiic description of a State-Trial ; but
Jf cAepobUshing the Proceedings between the King and the City of London, upon a
Jb? ffarranio, in the last Edition of the State-Trials, met with general approbation, we
hope the like candid construction will be put upon the step we have taken iu this
Case. The Question of the Power of the Crown to grant an exclusive Charter, and the
Distinction to be made between a criminal Monopoly, the regal Prerogative, and le^al
Plroperty, are undoubtedly of the highest importance. The point is debated upon this
•cca&iun by the most knowing and eminent lawyers of •the time, and their Arguments
sre now first published from Manuscripts, which have not been taken notice of in any
if the Law-books now extant, (except a very short Abstract of some of the Speeches,
which is printed in Mr. Serjeant Skinner's Reports) to which are added, the learned
Arguments and Reasons of the I»rd Chief-Justice Jefli'cys.
There are some instances where we have not been able to procure complete Trials,
aod yet have obtained either Speeches made in them by gentlemen of note at that
time, or large and particular Relations, thousrh not in so minute* and exact a manner,
u io Trials taken in Short-hand in Court. Where any thing of this kind has occurred,
which we judged worth notice, we have chose to preserve them from tne oblivion they
would otherwise sink under, by inserting them in this Collection. And tho* they arc
DOC so valuable as entire Trials, yet they' may serve to give a more clear account of the
fjcts there tried, than is to be found in a general History ; which, as the learned Editor
•f the St jte-TrJals well observes, is one considerable Benefit arising from Collections of
lki« kind.
Coocem?ng the other Pieces contained in this Collection, we need be the less parlj-
ttlarin this place, as we have before most of the Articles, or in Notes at the bottom,
pfea our reasons f<fr inserting them : only lest it should be thought that the remark-
PREFACES TO FORMER EDITIONS
r Ashby and White, in the last Volume, contains no more than the mall
shed under that name in octavo in the year 1705, it may be proper to oh*
the whole Proceedings and Debates of that memorable A£&ir are deduced
time firom the first Cmnplaint made in the House of Commons ; containing
e Proceedings, Reports, Bepresentations, Conferences and Resolutions, m
8, as poUishra by their order ; but also the Proceedings and Arguments in
fKing^v-Bench.
IS no pains or expence has been spared to make this Collection complete,
instmctrre ; so we must submit the whole to the judgment of the Poblick,
•on the candour of the Beadersy fisr a kind acceptance of our endearours.
OF THE STATE TRIALS. xlv
PREFACE
TO THE NJNTU AND TENTH VOLUMES OF THE StaTE
Trials: printed in the year 1766.
1 HE Public may be sarprized at finding a Ninth and Tenth Volame of State Trials
pabtiskM after so voluminous a Collection already set forth ; yet, if they consider it is
abore thirty years since the Seventh and Eighth Volumes were printed, and the great
Domber of Trials for Treason, Murder, Perjury, Forgery, &c. which have happened
since that time, likewise a Rebellion within that period (always productive ot many
Trials) their admiration mu.<^t cease.
Besides, gentlemen must have observed, in the course of their reading, a great ^lany
Trials have happened for different Crimes and Offences, which have never yet appear-
ed in print, but have been locked up in the studies of those who either took then), or
had them taken in Short hand : those falling into other hands, by deaths or otherivays,
have either been purchased, procured, or 'generously sent in towards compleating this
useful Work ; such as Matthews's Trial for High Treason, in printing " Vox Populi,
Vox Dei** in 171^, which has lain dormant near fifty years ; Hales and Kinnersley's
Trials in 171^8, for tbrging promissory Notes, in the names of Robert Gibson and Sa-
muel Edwards, esquires (both members of parliament), and publishing them as true
ones, for large sums of money, wrote on frank'd covers given them to send into the
ccwintry ; Huggins and Bambridge's Trials, who were Wardens of the Fleet, with
Corbett the Tipstaflf) and Acton the Keeper of the Marshalsea Prison, who were all
prosecuted in 1729, for Murder, by order of his majesty, on an Address from the
UoQ«e of Commons for that purpose ; Mr. Franklin's Trial, in 1730, for printing and
pubVLsb'mg a Libel entitled, *' A Letter from the Hague ;" with several other Trials
which were taken at large, with the Speeches of the Court and Counsel, are now first
printed from Manuscripts, and inserted in this Collection.
All the printed Trials at full length, that we could hear of (and we have frequently
advertised to procure them) published since the Seventh and Eighth Volumes, are
brought into this Work, with great Additions to most of them, either by Arguments
on the special Verdicts, Counsel's Opinion on some of the Cases, or Accounts of the
Prisoners Behaviour and dying Speeches, &c. and though several small Trials, or Parts
of Trials and Proceedings, have been printed or procured in Manuscript, and were too
minute to be inserted in the body of it ; yet, in order to preserve even them fiom being
buried in oblivion, we have given them a place in the Appendix ; for these scarce
Pieces are of value, and not to be collected but with great difficulty and expence ; and
it is hoped some gentlemen of the Law, on reading them, will furnish some Speeches
or Arguments towards compleating them, in case this Work comes to another edition.
In this Appendix are likewise inserted two Trials in Corporation Causes, now first
printed from Manuscripts viz. New Romney and the port of Hastings, which were
argued by some of the most eminent Counsel then at the Bar ; the first before the lord
cbief-justice Eyre, and the latter before lord Hardwicke ; which were not procured
time enough to be inserted in the body of the Work.
Some Trials in this Collection cannot, properly speaking, be called State Trials,
yet may be deemed good precedents, and determine many points of law ; therefore
MTe their use, and were thought too material to be omitted ; and it would be con-
fining the Collection in too narrow a compass, to insert only State Trials. But as
the former Collection, in Six Volumes, published by Sollom Emlyn, esq. (who wrote
^at admirable Preface prefixed to the first Volume, and published Hale's Pleas of the
Crown in folio) met with general approbation, we have endeavoured to follow his
^ps^ and take in such Trials^ for Murder, Perjury, Forgery, &c. as hav^ been pub-
Xlvi PREFACES TO FORMER EDITIONS
lished at large ; for all Trials, even in these Cases, are Helps to History, setting forth
the true state of the case on both sides, and are useful to the Gentlemen of the Law as
well as Historians, as they give the Opinions of the greatest lawyers on the difierent
points brought before them.
This Work will receive considerable Addition from that upright Judge Mr. Justice
Foster, who, in his Cases on the Crown I^aw, has given the Public several Uesjiutions and
Determinations of the Court on some of the Trials of the Rebels, which are added after
each of their Trials ; but the greatest use made of that judicious Author, is his Speech
on pronouncing the Judgment of the Court, in the Case of the King and Macdaniel,
and his Gang of Thief- takers (which is inserted atW the Arguments of Mr. Hume and
others on their special Verdict, which Arguments were never before printed) ; and
also on the Question put to the Judges, by the House of Lords in Earl Ferrcrs's Case,
" L Whither a Peer, indicted uf Felony and Murder, and tried and convicted thereof
before the Lords in Pari ia men t» ou^ht to receive Judgment for the same, according
to the provisions of the act of pariiament of the twenty-tifth year of his majesty^
reign, intituled, ' jVn Act for better preventing the horrid Crime of Murder r' 2. Sup*
posing a Peer, so indicted and convicted, ought by law to receive such Judgment as
aforesaid, and the day appointed by the Judgment for Execution should lapse before
such execution done, whether a new time may be appointed for the execution, and
by whom?"
.\s the .-Vi&ir of Mr. Annesley and lord Anglesea made a great noise, some years
ago, and occasioned four Trials, carried on at a vast cxpence, we have inserted them
here. ]. Mr. Annesley's for the Murder of Mr. Egglestoneat Staines in Middlesex;
2. that of lord Anglesea, and others, tried in Ireland, for an Assault on Mr. Annesley,
Mr. Mac Kercher, and others; 5. So much of the Trial in ejectment, in Ireland, be*
tween Mr. Anneslev and lord Ani:!esea (which Trial at lar^e is in almost every hand)
as will make the lleadcr em ire master of the whole atiair ; wiih the Speeches and
Opinions of the lord chief baron Bones, ^nd the other ^^l^l£f^. at full length, in that
remarkable Cause : v^hich will jserve for an Intro*h'.ction to the Trial of Mrs. Maxy
He.it h, lady Altham's iKx>man. who was tried for Pcriury. for ilu Evidence she gave
on that Trial in Ejectment, The Acquittal of this \«oman seems to have put a stop
to the further proceedings at that time; and since Mr. Amiesley's death, we do not
hear they are as yet revived. The Trial of Fllizabeth Canning, for Perjury, is here
printed, though in a much fuller and larger nianm r than it ever appeand in before
this publication.
As Scotland is pan of the United Kingdoms, and their Trials are conducted in a
very sensible mi^nner, though their method of Proceed izijrs are ditR-rent from ours, (ia
not bringing their Witnesses into court to be examined. on!y reading their Deposiiiuns
taken in writing on oath) yet >\e shall iiv<ert three or four of the most principal of
them, to shcu their method of p reacted in g, and the reasoning and learning of iheir
advocatejs
Sime people may wonder we have not obtained some of the modem Trials, as Dr-
Henzif i\t Hii;h Treason : the Cock L'tne Ghost. &c. Our Answer is, «c shonld
have been very glad to have obiaincii them ; they would have been a great addition
to the Work from the great learning <«f the Judge that tried them ; but we never could
hear they were ever printed or lakcii in Short>hand ; and .^s to the farmer, be made
no Defence or called any Evidi mes : s*** it could nrt be a Trial of r.ny consequence ;
bnt if any one has a mind to f<er'j>e the l^w Pri>cet'ding< av.a::isi hiiiK in the Court of
King's Bench, he may find tlrem in Mr. Hurrow's Rrpi«r:s, \ol. 1. pan iv. p. 6i2.
We hopt the can lid Riadir \miI tTci\«i^ siu^h l>rors .as hr may tind in this Work
occasioned hv the Edi;or's d siiiiii- tnmi the prc<s. .^^nd ntAcv Mw.urablv of this Col-
lection (made more for amu^cniini tiiaii }.n«:i:>, whuli. i:i .• I probaUility, had nerer
Keen the l.^lA. if the Editor had not, at grcni troobte and cxin-nct. undcxt.;Jken iL
•
S. N.
OF THE STATE TRIALS. xlvH
MR. HARGRAVE'S PREFACE
TO THE FOURTH EDITION OF THE StaTE TrIALS, IN TEW
VOLUMES folio: printed in the year 1775.
IT it become too frequent a practice to republish the most Taluftble works, with luch
1 perfect silence as to former Editions and the Variations from tht;in, or at least nitti
auh a slight notice, that the Reader is left in a profound ignorance of many particu-
bn both useful and necessary to be known. This omission may be very well ex-
nued in the instances of ordinary trash, with which the press too much abounds ; for
it wou'd be an intolerable waste of time to descend into minute details about every
ioiignificant production, which happens to gratify the false taste of the times, and
tniu throu°;b a number of editions. But works of genius, of erudition, or of science,
ud all which furnish important intbrmation or instruction, and arc therefore worthy
of being preserved from oblivion, ought Co be treated in a more formal and respectful
mmner ; and a loose and undistinguishing mode of newly editing such books is not
1(M inconvenient and dissatisfactory to tlie Reader, than discreditable to the Publisher,
Nor should this mark of distinction be confined to original works ; compilations and
collections, when they relate to very interesting subjects, being also fully inlitled to
the same attention. This observation strongly applies to a Collection like that of the
Stke Trials. In the case of a Work so connected with the jurisprudence and history
of the country ; it is of the utmost consequence to fix the comparative value and aa-
ikoriiy of the several editions ; which cannot be done eti'ectually, without a know-
ledge of their dates, their principal difTerences in point of Contents, and the names
and characters of the respective editors. With a view therefore to supply that tort of
^ccTtcnn information, the want of which may be objected to so many other modern
Tepublicaiions, we shall proceed to lay before the Reader the best account we are able
In mVi. nrih. fnrwn^r I'.iitinni nf the State Tkiai-s, and shall thcu explaiu the Plan of
eTrial.1 came out in the year 1719, and was com'
began with the Trial of William Thorpe for Heresy
ended with that of Dr. Sacheverell in the latter end
te of the gentleman, who prepared this Edition, is
person published an abridgment of the Work with
olumea octavo, under the title of ■ Trials for HiE;li
I in i73rt he published a " Critical Beriew of the
I, whii:h, though it includes a kind of abridgement,
! former : and from the title to this last book it ap-
irit editor of the State Trials at large. As we have
Ir. Salmon's Critical Review, and Mine readers may
IS an author, it may be of um to observe, that how*
may be for his industry in fint (brniing a Collection
abridging tht'm, there is littlcobligation to liiin for
In his political principles apparently an invetvraie
frequently betrayed by an intemperate zeal into a
nions, and too ofilea di^itei both when ilic demon
crifice. thus, a work, which, if it bad been executed by on"
il to.be governed by violent prejudicei, ud at the same iiin'
uiute knowledge and judgment, woold be a sourci; of t'"' '^'^
by being prostituted to particniar viewi loses girat pa''' °.^
Wure becomes a vehicle br the poison of ini<rejire9«j^^,
Stlmon, caiidor and jntics nqain lu to add, tiiui, "o'^'
Xlviii PREFACES TO FORMEIl EDITIONS
r
ing tho faults which may be justly imputed to his Critical Review, it is in many respects
a wry useful work. (Considered as a shoil historical abridgment of the Trials, it is
not without a considernble share of merit. Sometimes also lie points out the sources,
from which various pans of the State Trials are drawn, where the notes to the collec- .
tion at large arc not sutUcientiy explicit. This kind of information, so very requisite
for nsci'rtaining the credit due to each Trial, was such as his situation as first editor
of the State Trials must have enabled him to fjn\ish more readily and accurately
than almost any other person ; and it is to be wished, that he had enlarged further
on this head, many explanations being siill wanting. Nor should we wholly reject
his remarks ; for it must be confessed, that thase on Trials, which were foreign to the
bi:)s of his political tenets, are frequently pertinent, and accompanied with suitable
illustrations tVom the history of the times. Nay, even some of the animadversioni.
which he makes under the malignant influence of party-spirit, may be deemed not
altogether without foundation ; and therefore, though it is always necessary to receive
them with distrust and caution, yet they ought not to be wholly disregarded, where
it is possible to discriminate the shades of truth from the tinge of exaggeration with
which they are disguised.
The First Edition of the State Trials was succeeded in the same year by a separate
volume, which contained the famous Case of Ship-money, and Aarrison's Trial for
falsely accusing judge Ihttton of High Treason on account of his Opinion against the
Crown. In the Prrtacc to the Collection, Mr. Salmon excuses the omission of the for-
mer Case by observing, that it was to be found in Rushworth ; but many of the
Speeches and Aiguments are not in his work, and the true reason for the omission ap-
pears to have been, that the publishers of the Collection and the proprietors of the
I^IanuscripLs from which part of the separate volume was printed, could not agree
about the tenns.
A Si'cond- Irxlition of the Slate Trials was published in 1750; and in consequence of
the ^reat accession of new maiter. the Work became swelled into six volumes folio,
llie ttrst five volumes compriircd the same |>eriod as the First Edition, with the excep-
tion only of the Proceedini^ in Parliament ascainst Lord Chief Justice Tresilian and
others, in the riis^n of Richard II. for Hii;h Treason, which are a few years earlier in
date th.ui the Trial with which the first edition begins. But the ditlcrences in other
respecis wero more con>iderab]e ; for several Trials were transposed in order to render
tho .irr.m^ement more cont'ormable to the due order of liine, some additions were made to
the Trials in the fornur Collection. m:my Tri.^ls not contained in that (particularly the
Case of Ship-money and Harrison's Trial beibro nieniioned) were interspersed, and the
Work w,»> SI ill further aui:mcnTeil by a number of new notes ami references. As to the
Sixth Volume, it consistoil intirely of new mailer ; bcinc a continuation of the TriaU
from the death ot queen Anno to tho end of ihe re'.«:n of Georco I. wi:h an Appendix
of Records rela:ive to the whole Work. Some tow other p.iriiculars, in which the
Second lid 1 lion was improved, will Iv fomul stated .it iho end of ihe vtry sensible Pre-
lace. witii which it wis i:itro«.iiiced to :ho pub i\'. la ;his Pretace. the Hd:ior, after ex-
patiating on ihe CTcai ctiliiy «.'f the >:a;e Trials, enters into a consideration of the ex-
Ctf lien v. 0 •: f o i: r Criminal 1 ji w ; co :n par e s i i wit h the Laws o f o: he r Eu ro pean si ates ;
an-.i h.»\ :!;: ivinced :ts j.u^iioritv bv a selection of the mC'>» s'-nkint: instances, he pro-
ceT''«i> :v p.^'.n: our s:mc of ;:> i-rinc:pal faults and defic:* ; >t\fr;i'. kA when, such as
I!!.'''* c- :uira:ii4: :ho/^.'.V/""r c: .r'i-k. the sumnionin:! o: .bar.os. :hi*u>»: of Latin in onr
I..- ii. !J.i. ;. :\x\eJ;ni:s. and t.':c Iocs of j.ao;ers. have lu*".! s-.mv Ci-r.'io;ed by the Lc^is-
Ia:;:Tc. -.- tTic ;:'.;tiJ44.ini reatilcr wil! eosiiy recoiiccT. Tnis P.-tiiCi i* mjch admired.
*iij cc::,v:i.y *U serves crvat Ov-:;-..:u niati.M:. as «ei: in resiHVt of \i t cj^Tir.nz liisplayed
lu ::, .;<•;:; a.ci-; :i: cr t.ic >piT\: .uui iiiJi:!v.en: of mostof tr.t :esv.ArK>, wr.:c:i. m general,
do co'jii c? :.; :,. •..•^t *.::.»:or'^ :v.:avHr.iv .ujd i:n,:crs:anJ..:"!«. ll*weTcr. ::.e Preface if
perfec-
wav v4 ot>:.i:ni -.^pco :ise aaerit of
[
or THE STATE TRIALS. xlix
ny system of laws, or of any species of judicature. The most excellent institutions
ooald not stand the test of such a partial view ; and should it be applied, it would ne-
ceaarily lead us to a condemnation of that criminal law, which the learned writer him-
slf so highly and so properly extols. These animadversions on the Preface to the
Second Edition of the State Trials do not proceed from the least wish to depreciate the
neritof its author, being in truth extorted by the occasion ; for had they been sup-
fveised^ the generality of praise might be extended by some into a concurrence with
opnionsj from which in fact we cannot withhold our dissent. To this account of the
SnoDd Edition of the State Trials, it should be added, that though no name is prefixed
iitfcer to the title of the work or the pretisLce, the editor is known to have been Mr. Em-
l]ni,the same gentleman, to whose labours the public is so much obliged, tor the care
Slid accuracy with which he edited Sir Matthew Haie's History of the Pleas of the
Cronm, and for the valuable Notes with which he enriched that great work.
The Second Edition of the State Trials was in 1735 followed with two Supplemental
Volnmes; to the first of which is prefixed a Preface, fully explaining the reasons of
this addition, and the materials of which it is com])Oied. In these two volumes there
ire many important Cases, particularly the Case of Monopolies between the East India
Company and Mr. Sandys in the latter end of the reign of Charles II. in which the
chief question was, as to the legality of the Company's patent for an exclusive trade to
the East In<ties. The period of the two volumes is (described in their title pages to be
from the reign of Edward VI. to the time in which they are published ; but in fact,
they do not contain any Trial later than the tenth oflieorge I. and therefore should be
considered, not as a continuation of the Collection of Trials in the Second Edition, but
merely as supplying its omissions. It was not till two or three years after the coming
ootof the 7th and 8th volumes, that Mr. Salmon published his Critical Review, on
which we have already observed so much ; and consequently they fall within the com-
pass of his Remarks. A Second Edition of these two supplemental volumes was re-
printed in 1766, but without any alteration.
In 1742 a Third Edition of the State Trials was published in six volumes folio. Tlie
Triils and Cases in the supplemental volumes to the Second Edition are not comprized
ia this Third Edition ; nor are we aware of any other diflerence between the two,
than a very 8:nall addition of Notes, a new disposition of Sir Richard Spotiswood*s
Trial, the fhio Warranto Case, and perhaps a few other Trials, and in the pages.
Ia 176C appeared two other volumes of State Trials, being tho 0th and lOih. These
inpmnt of time principally follow the former Collection, and bring it down to the
Yor 1700 ; though amongst these Trials there are some of an antecedent period. The
. Jist of the two volumes contains a Preiacc, to which we refer tlic Reader for a fuller
< account of their contents.
j Having finished our account of the former Editions of the State Trials, we sliall now
exhibit the outline of the plan of the present Edition.
I. The whole Work will consist nominally of eleven, but will be so printed as to be
fit for binding in six volumes folio. Tlie first six will be printed exactly from the Third
Edition, and the four next from the four supplemental volumes ; with no other difter-
ence, than that each of the two columns, into which every page of the present Edition
will be divided, will comprize one page of the book from which it is printed, and will
he numbered accordingly. By this mode of printing the publishers arc enabled to
consult cheapness, without sacrificing convenience; for in consequence of it, there will
be only one half of the number of sheets, which would b*^ otherwise nect^s^sarv, and two
Tolumes may be commodiously bound in one ; and yet the rrffrenccs to the Third will
entirely correspond with the present Edition. It is' to be wished, that the pagts of
all the Editions, so far as they respectively go, had been the same ; but this ait» ntion
to convenience having been hitherto neglected, the most eligible course seems to be to
follow the Third Ed'ti n, that being the last ; and all that can now be done to oreveiit
disappointment, wh«.n a refcren'-e happens not to answer, is to remind the Reader,
that books published before 1730, such as the First Edition of Hawkins's PUas of the
Crown, necessarily refer to the First Edition of the State '1 iiais ; those published aRtr
17S0, such as Hales's History of the Pleas of the Crown, usually refer to the Secuni
Edition; and those published after 1742, such as Sir William Blacksione's Commenia-
lies, to the Third Edition ; with which last the present one will iniirely agree. As to
«n«> • «T
1 PREFACES TO FORMER EDITIONS
the eleventh volume, it is reserved wholly for additional matter; the design being> that
one par£ of it shall be occupied with a continuation of Trials to the present time ; and
that the other part shall consist of such materials, as shall seem best calculated to sup-
ply any omissions in the former part of the Collection. II. In the present Edition, the
rreface to the First Edition, which was afterwards omitted, will be restored ; together
with that to the Case of Ship-money ; and the Preface to the Second Edition, as it wag
re-printed with the name of Mr. Emlyn to it in the third, will be continued, as will also
the Prefaces to the supplemental volumes. The histoiy of a publication is best pre-
served bv inserting all the Prefaces in their due order ot time ; though they are often
omitted m modern editions of books, much to the dissatisfaction of nice and accurate
readers. III. The two Alphabetical Tables to this EdUion, the one of the Persons
tried, of the times and places of their Trial, and of their crimes and punishments, and
the other of the matter in general, will extend to all the eleven volumes. This will
render a search for any thine in the present Edition less tedious and troublesome, than
it is in the Second and Third Editions and their supplemental volumes ; to which, in
consequence of their being published at different times, there are not less than three
distinct sets of tables instead of one.
From this view of the Plan, on which it is determined to conduct the present'
Edition, it is evident, that it must have very considerable advantages over the best
of the former editions. It will be much less chargeable in the purchase ; and yet
equally commodious in the form, more various and valuable in the contents.
It only remains for the author of this Preface to add a few lines concerning him-
self, lest he should be deemed further responsible than he means to be. The under-
takers of the Edition requested his assistance in suggesting a plan for the conduct of
the Work, and in furnishing a Preface. With this request he hath chearfully com-
plied in the best manner he was able ; and the result of his endeavours, he readily
submits to the correction of the candid reader. But as to the superintendance,
revision, and correction of the Work in the printing, they are unavoidably devolved
upon others ; the writer of this Prefece havmg avocations, which would not leave
him at liberty for such a laborious office, even though he was inclined to undertake it.
However, the same desire of promoting an important and useful publicaticm, which
induced him to give his aid in its first commencement, will secure to the undertakers
his advice in its progress and conclusion.
Irma-'Tempk, October 5, 1775. FRANCIS HARGRAVE.
OF THE STATE TRIALS, U
MR. HARGRAVE'S PREFACE
10TH£ £L.£V£NTH (OR SUPPLEMENTAL) VOLUME OF THE
POURTH EDITION OF THE StATE TeIALS : PRINTED IN
THE YEAR 1781.
HY Preface prefixed to the first Volume of this edition of the State-Trials pro«
■Kd, that the present volume should consist wholly of Trials not contained in any
Inicr edition ; and I was understood to be the person, who would point out what
were the materials proper to be adopted. In conformity to this engagement, I used
CMHiderable diligence to discover what Trials were omitted in the period of the for*
Mr editions, and what Trials of importance have occurred since. But the result of
nr pursuit for new matter proved very inadequate to my expectation ; the industry
II tonner collectors having scarce left any .deficiencies, which I could supply
vidiovt too far passing the line I had prescribed to myself of merely selecting
iMftional IVials. Yet the few, which I have gleaned, may suffice to convince the
Bnder, that I have not been sparing of research.
In the coane of my enquiries for new Trials, I resorted to the British Museum, in
kpes, that the immense Collection of Manuscripts in that repository of learning
ad science would supply me with some new materials of importance ; and I was
prticfilarly encouraged in this expectation by the promising Titles of various Arti-
cles bi the Cataloffue of Harleian Manuscripts. But I was wholly disappointed ; for
tn enmination, tne few Trials I met with proved, either too meagre and insignificant
to be «ade use of, or nothing more than mere transcripts from some of our old
printed Chronicles. And here I take great pleasure in bearing testimony of the
esemp/ary conduct of those Gentlemen, who by their offices have the superintendance
of tbe Manuscripts and printed Books in the British Museum. Though I have had
frequeet occasion to give several of those gentlemen much trouble ; yet I have ever
ioand them uniformly studious to render the access to the valuable Collections en«
trusted to them easy and agreeable. I have also had the full opportunity of noticing,
that their deportment and attentions to others are of the same obliging kind. So
honourable a discharge of their duty well entitles them to some rewards beyond the
imall emoluments of their respective offices ; and I heartily wish, that they may in
future attract a greater share of patronage from the great, than they have hitherto
experienced.
There is one very striking and capital defect in the former Editions of this CoUec*
tmi ; 1 mean, in the article of Parliamentary Trials, under which head may be in*
chided, not only Trials on Impeachments, but Proceedings on Bills of Attainder, and
en Bills inflicting Pains and Penalties. In the ten volumes, which constitute the
Work as it was before the present Edition, there are not, as I calculate, thirty articles
which fall under such a description. Yet from a very imperfect list, which I formed
en a slight examination of the Rolls of Parliament, and various other books of Par-
Uunentary information, I found, that many more than a hundred such Trials might be
extracted. It was my wish to have supplied this omission ; more especially as by so
<loing, infinite light would be thrown on a subject most interesting to all Lawyers and
Holuicians ; namely, the Criminal Judicature of Parliament. But such a vast undcr-
Uking would not only have far exceeded the limits of my engagements to the
Proprietors of this Edition of State Trials, but would also have swelled the prcfient
Section greatly beyond the terms of the Proposals to the Subscribers.
'•
Ui PREFACES TO FORMEft EDITIONS
Before each Trial in this volume^ I have given notice to the Reader whence it if
extracted, with such otlier explanations, as were necessary to enable the forming &
judgment on the authority of the Trial. It would have been of no small advantage
to the readers, if the Collectors of the former Volumes had been equally explana-
tory. My introductory Note to some of the Trials in this volume is extended into
an illustration of the subject of the Trial ; and occasionally I have interspersed similar
Notes elsewhere, llie fullest annotations of this kind are tRose prefixed to the Case
of Impositions, the Case of the Postnati, the Bankers Case, and the respective Cases of
Mr. Whitlock and Mr. Oliver St. John. These ami the other Notes I commit to the
candid construction of the Reader, with an assurance, that I have endeavoured t»
form and express my opinions with the utmost impartiality and moderation ; and that
I shall even think myself obliged by a good-humoured correction of any errors into
which I may have fallen.
In the Trials and Cases in this volume, the Reader will find an ample discussion of
various great constitutional questions. The Case of Impositions furnishes a profosioa
of learning on the point so long controverted, ' Whether the king could- by preroga^
live impose Duties at the ports.' In the course, too, of the Argpiments on that head>
the learned Reader will be pleased to see some important Remarks on the King'a-
Power of laying Embargoes. Some persons, justly of hif h authority in the present
times, have been inclined to restrict the exercise of this power to time of war. . But I
confess, that I do not sec, why the Prerogative should be thus limited. The safety of
the state, which is the ground of entrust'mg the king with the power of laying £m-
bargocs, may require an exercise of it in times both of war and peace ; and on the
eve of a war it is obviously as necessary as in a war itself. Also, from what I remem*
ber having formerly read on the subject, I have little doubt, but that the Precedents
and Authorities, whenever they shall be well collected, will be found greatly to pre-
ponderate against the distinction I have stated. That profound parliamentary lawyer,
Mr. Hakewill, when he was arguing in the House of Commons against the claimed
prerogative of Impositions at the ports, candidly admitted the prerogative of Embar-
goes to the full extent of its principle, and consequently, as I conceive, without re-
atricting its exercise to times of war. Yet he well knew, that the power of shutting
up the Ports was one great branch of the argument for the power of taxing at the
ports ; and also, that the power of laying Embargoes had been often exercised under
npecial acts of parliament. Nor did Mr. St. John, in his Argument against Ship-
Money, scruple to admit the power of laying Embargoes, and that it was excrciseable^
not merely in times of war, but generally in times of imminent danger, whether
arising from war, from dearth, or from any other cause. Perhaps some readers n^ay
wonder, that I .should be thus unreservod in contending for the prerogative of
Embargoes. But 1 rofer such to my Note before the Case of Impositiom.
They will there fmd a short but connected view of the various means practised
to establish in the crown a power of taxing out of parliament from the Acces*
sion of James the first to the Restoration ; and I presume tn hope, that on a considera-
tion of the freedom, with which I have in that Note animadverted on such unconstitu*
tional attempts, I shall be sufTiciently guarded against any suspicion of the least wish to
extend the royal prerogative beyond iu due limits. — The Irish Case of Pramunire must
be interesting to every person, who wishes to be informed, in a summary and accurate
way, how the Church of Rome gradually encroached on the king's ecclesiastical juris^
diction ; and how at length the Engliith church and kingdom were compleatly ex-
onerated from the expence, tyranny, and disgrace of foreign usurpation. My Note at
the end of that Case is intended to assist the inquiries of such as may be curious to
pursue the subject more in detail. — In the Case of the /W/^o^i, the doctrine of Alle-
giance to the crown is enlarged upon, wiiii a surpri/.ing variety of learning and his-
torical information ; tondint; to explain the relation between England and the coun-
tries which at any time before the Accession of the fn*st James had been dependant
npon I^£;land, or connected with it by being under the dominion of the same prince.
To render this great political Case more intelligible, I have prefixed a fuller accoaut
of its origin, and all the proceedings in it, than is ctmimonly to be met with ; to which
I have added a reference to almost every book of consequence likely to supply tUt
OF THE STATE TRIALS. lui
ieiit fiirdier information about the case. The Case of Mr. Oliver St. John for writmg
lotiiHt Benevolencesy deserves attention on account of its connection with the Case of
Mip Money and the Case of Impositions. In my Note on Mr. St. John's Case, I havtt
Doioled out this connection ; and I have therein risqued some remarks on the suhfect of
Msevolcnces to the crown ; with a view to shew, how far they have been condemned and
vedeariy unlawful^ — ^In the Case of the Bankers, some cunous subjects are discussed ;
■ore especially the eeneral power of the Crown to alienate ^ts Revenues before the
mtraininsr statute of queen Anne : whether some particular Revenues, on account of
Ikeir special nature, were not privileged and exempt from the Crown's general power
tf alienating; and whether the Barons of the Ejcchequer could compel the Lord
Ltanrer to issue money for payment of the King's Debts, or, in other words, whether
the Receipt of the £xqhequer is under the controul of the Barons. The most remark*
able of the arguments in this famous Case, or, at least, of those which have reached
fkt present times, is lord Somers. It not only unfolds the constitution of the £xche«
^r with great minuteness ; but in other respects is most excellent, haviue a scope
■d compass, which will ever render it of infinite value to the profession of the law.
Ss anzioas, indeed, was his lordship to sustain his opinion by the most authentic mate*
riab, that the Records referred to and stated in his Argument are said to have cost him
several hundred pounds. My Note on this Case, explains how it arose, the progress of
it, and how the Claims of the Bankers and their Creditors were finally adjusted by act
cf parliament, with some other particulars, which I thought might be conducive to a
tboiroogh understanding of the case, and of the points decided by it — In respect to the
remainder of the Cases in this Volume, most of them relate to very interesting sub-
jects; amongst which the chief are, the effect of Matrimonial Sentences of the Eccle-
■artical courts, the extent of the Privilege of Parliament, the question of General War-
fUkiM, the question on the Seizure of Papers, the powers claimed by Secretaries of
State and Privy Counsellors, the question on the Slavery of Negroes m England, and
the power of pressing Mariners. However, some of the early cases I have introduced
do, I confess, require an apology ; being certainly too loose and imperfect in the state-
of Trials.
to deserve the name of Trials. My inducement to insert them was, that I wished
to give the reader some proof, how very extensive I was in my enquiries and researches
for new matter, to supply the omissions of former collectors ; and I do hope, that the
Kotemhich precede short these Accounts of Trials, will be received as a full testimony
ef my industry in that respect. — ^Thus much may suffice to apprise the Reader what he
if loeipect from the contents of the present Volume.
in my Prefiaice to the first Volume of this Edition of State Trials, I thought, that I
had sufficiently explained myself to guard against any responsibility beyond what
really belongs to me. But from the manner of placing my name in the title to the
Collection, which I now think might have been less ambiguous, a very erroneous
notion has prevailed, as to the extent of my very limited share in the undertaking. I
therefore deem it proper to be more explicit on this head ; and with that view, I here
take the opportunity of declaring, that the only parts of the Work for which I am in
any respect accountable, exclusive of the present preface, are the preface with my
name in the first volume ; and the selection of the Trials and Cases for this Volume,
with such annotations as I have given in the course of it, particularly those before the
lereral Trials. As to the Trials in the ten preceding Volumes, they were printed
hterally from the last of the former Editions ; nor did I sec so much as one sheet of
those Volumes before it was printed and published, except only the sheet containing
iny Preface and the Title to the first volume. I am equally free from responsibility
for the Alphabetical and Chronological Tables of all the Trials in this Collection, and
fi>r the General Index of Matter ; all of which arc placed at the end of this Volume.
These Tables and Index were prepared by another gentleman. The Chronological
Table of the Trials is quite a new accession to the V^ork ; there being no such Table
to the former Editions; though the utility of it is apparent, as it in great measure
obviates tfie disadvantage from the disorderly arrangement of many of the Trials in
point of time. This disorder was a necessary consequence of continuing the first six
Volomcs of the Work by Supplemental volumes. The merit of lessening this incon-
lenicQce belongs wholly to the framer of the Tables and Index to this edition; that is.
liV PREFACU TO FORMER EDITIONS.
both the proposal of such an improvement and the execution of it originated from hirn^
All that 1 cab pretend to Bay ftirther concerning the Tables and Index is, that the latter
Uas been executed at a much greater expence uian would have been incurred, if I had
kiot made it a particular request to the proprietors of the edition to be liberal in their
ftUlowance for so useful and laborious a part of the undertaking ; and further, that I
hate every reason to belieTe, that the gentleman who compiled the General Index of
Matleri has been extremely diligent in endeavouring to render it acceptable.
JBrMfMi-Aw, KnighiibrHlge, A^g. SO, 1711. FRANCIS HAfiGRAVK
It
State Trials.
\
..,,
>
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
1. Proceedings against Thomas Becket, Archbishop of Canterbury,
for High Treason. 9 Henry II. A. D. 1163. [1 Brady's Com-
plete History, 383. 2 Tyrrell, 312.]
The most satitfactory narrative of these Pro-
ccediap is in Brady's History of Eneland.
After a short accoani of the prcrious hfe of
Btckct, be relates several instances of his op-
fKSHve, mischievoas, and intolerable insolence
aa4 usurpation, after he was made Archbishop
of Canterbory. He then proceeds thus :
** Tlie kiiif^, suspecting he might escape un-
faauktd, commanded the Bi Jiops and great
iMa to neet at Northampton, the Sd day be-
kntkt feast of Catixtus the Pope (which was
rte Ifdi of Oct. Fitz-Stephan (p. 21. col. 1.)
mp a was on the octaves of St. Michael, that
kf on the 6th of October, and that he was there
with the Archbishop, Octava Sancfi Michaelis,
Jerim ttrtia^ ConcUii dicta die Rex aderat ;
wm die venimw Nortkamt<mam. — In this
Coandl the Archbisltop was accused upon the
accasion of a Controrersie between him and
John Marshall (or the Marshall). This John
4cnanded of the Archbishop a manor or farm,
which was a member of one of his towns called
P^feham : He came with the king's writ into
the Archbishop's Court (to remove the suit, it
Kav be supposed^ where he could gain nothing,
(as havioc no ngnt, saith mine Author) and as
the law then was, lie proved the defect of the
Archbishop's Court (that he had not right done
kim, as may be supposed) and swore upon a
Tropai, or Book of Old Songs (as Gervase of
Csaterhury calls it) which he drew from under
kii coat; and the Justices of the Archbishop's
Court accused him for swearing upon that
Book, whereas he ought to have sworn upon
Ike GotpeJs. — John conies to the king and pro-
cuts ha Writ, by which the Archbishop was
iwiiircd to answer him in tha King's Court,
ud the day aupoioUKl for hit appearance was
fouu
Holy-rood Day, or the 14th of September
The Archbishop came not at the day, but sent
to the king four knights, with his Letters, and
the Letter of the Sheriff of Kent, attesting the
injury of John, and the imperfection of his proof
(that is, because he had sworn upon the Tro-
paz, and not upon the Gospels.) — ^The Monk
of Canterbury reports he sent, duoi legales
homines per fues excusatus est, Quod citatns
non venit ad Regis prase ni iam ; non enim
contemptusfuit, sed infirmitate valida invitus
reientus est. Two lawful men to make his
Excuse that he appeared not before the king,
that it was not out of contempt, but by reason
he was unwillingly detained by great sickness.
** However it was, the king was very angry,
that he came not in his own person, to make
the Allegations the knights brought, whom he
treated wiih threats, as such that against the
kings citation, brought into his Court false and
frivolous excuses, and scarce let them go free
though they had given security. — At the re-
quest of John he appointed another day, to
wit, the first day of the Council, and sent his
Writ to the SheViff of Kent to cite the Archbi-
shop, for the king would not write to him, be-
cause he would not salute him. Nor had he
any other solemn Summons to the Council by
Letter, according to ancient Custom. The
Archbishop appeared, and said he was come
by the king's command for the cause of John.
The king replied that John was in his service
at London, and would be there on the morrow,
and then their cnnso should be discussed.
Erat siquidem Johannes ille cum Thesauriis,
Sf ceteris Jiicalibus pecunia Sf puhlici oris Re^
ceptoribus Londoniis ad Scaccariuntf Sfc. Ubi
etiam plucita Corona Regis tractantur ; for
B
5] STATE TRIALS, 9 Henry II. ^IG^.—ProcccJiugs againsi Thomas Becket [i
ns the custom
this John was omongst the Ofliccrs of the Re-
ceipt oT the Chequer in lx)iidou, \>hcre also
pU-as of the king's Crown were haiMilcd or
nohien. '1 hat (irst day there was nothing more
done between the kini* and archhiishop, the
king bad him uo home, and return to his cause
on the morrow.
*' On the second dav, before all the Bishops,
except the bishop of Uochcster and another
which were not then come, and all the earls
and burons of £nji;Iand, and many of Norman-
dy, ArchiepiscopiiS hse Mujtstatis^ Corona.
lit^ia arrriiitur. The Archbibhop was ac-
cused of 'J'rcason, because as is said before, he
was cited by the Wm^ in the Cause of Jolin,
and nciihcT came, nor made a si:fticienl ex-
cuse. The Archbishop's defence signiried no-
thmg ; yet he ailed^cd the foresaid Iiijury of
John, the proper Jurisdiction of the Cause,
and the Integrity of his Court.
" Tlie king <}?.'rr.anded Judgment ; no Rea-
son of the Archhi^hop was approved : it seem-
ed to all, out of reverence to royal miijc*:ty,
and the bond of liege homaiie, that the. Arch-
bishop made to the king, and from the fidelity
and observance of terrene honor, whicli he
bad !>worn to the king, that he made small
Defence ; because when cited by the king he
neither came, nor by his messeni;ers allcdgcd
any c>)rporal infirmity, or neces>ary adminis-
tration of any ecclesiastical otiice, that could
not be deferred. And they condemned him,
to be in the king's mercy for all his moveable
Coods. — There was a Diflfcrencc between tlie
Bishops and Barons, who should pronounce
Judgment, each of them imposed it upon
other, excusing themselves. Tiic B^irons said,
you Bishops ouglit to pronounce sentence, it
belongs not to us, we are lay-men, you cccle-
biastical persons. So be, you are hi:> fellow
priests, and fellow bishops.
*' To these things one of the Bishops an-
iwered, Yea ii is rather your otlicc than ours ;
for this is not an ecclesiastic lenience, but a
secular, we sit not here as Bishops, but B;irons,
we are barons, and you arc barons ; we are
peers or cpiaU here, { pares hie sumus). You
cannot rily upon our Or^^cr, for if you have
respect to that in us you must also have re-
gard to it in him, and then as wc arc Bishops,
we cannot jiiilgc our Archbishop and lord.
" The king bearing or this controversie
about pron<utiicing .^ciitcncc : it was soon end*
cd, and imposed upon the bishop of Winches-
ter, who unwillingly pnmounccd it. Archie-
pucopus autrtft quia sciitcnfitr, Tel ItccorJu-
iioni Cttriti Utciis Ani;/u:' no.i iiici cvufnuii-
ccre, susUnuit, Connilitt JCpiscopoiutr. : utidacta
ad miiip^atiJuii a- honorandum ri'^em holmni
in manum tjtis wissiom , i/i/uKi Concatsionis Ju-
dicii; ut tnoris e:it. The Archbishop, because
no man mii:l:t contradict a Sentence, or Re-
cord made in the king of Kngland*s court, by
ad\ice of the bishops, submitted to it, and
by a forced compliance, for the honour and
mitigation of llio kinp, solemnly put himself
uudcr bis power, as it \Tcre grauting and ac-
knowledging the Judgment,
was.
" Afterwards, on the same day, he was pro-
secuted for 300/. \iv. had received, ns he ' as
Castellan, or Constable of the Cusiles of Eye
in SuiTolk, and Berkainstead in lienfoidshire.
The Archbishop first waved the Action, by
saying he was not cited for that matter. And
further said. That he bad expend* d that mo-
ney, and much more, in the rt-parations ol the
Palace of London, and those Castles, as might
be seen. The king wunld not adniii he had
done this, and exacts Judgment. The Arch-
bishop ready to please the king, and not wil«
ling such a sum of money should be the cause
of anger bet^^een them ; gave security by three
lay-men, distinctly and severally, the earl of
Glocester, William de Kyncsford, and another,
all his tenants.
'' On the third day, he was pmsecutcd at the
king's suit for 600 murks lent him in the Army
oflholosc; and for other 600 Mhich he bor*
rowed of a Jew upon the king*s security ; he
Mils also proscrured for all the pnifib* of tha
Archbishoprick and other Bishopricks and Ab-
beys that were void during his Chancellorship :
of all which he was commandi-d to make an
account to the king. The Archbishop said
he came not picpared to Answer this matter^
nor was he cited concerning it, yet in time and
place he would do to his h>rd the king accords
iiig to right. The king exacts security upoa
(hat; he answered he ought «lo have the ad-
vice of his SutTragans and Clerks about it.
The king yielded to it, and he departed. And
from that day, neither Barons, nor KnightSf
cainc to his house or hostel, to visit him, hav-
ing understood the king's mind by these pro*
cecdings.
** On the fourth dnv, nil the ecclesiastical
persons came to the Archbishop's house, whera
he treated with the Bishops severally and apart^
and uiih the Abbots severally and apart. Tbo
bish')p of Winchester odvi^ed him to offer a
Composition in Money, and try the king that
^\ny; 2,000 marks were ofToied but refused.
Others encouraged him to maintain bravely the
Liberties of the Churcli^ but must persuaded a
compliance with the king.
'* it is said they consulted very dotelj OQ
the /ifth day, which uas Sunday, but the resort
of their Debates and Counsels not mentioned.
On the sixth day the Archbishop fell sick, nnd
the king hearing of it, sent all his eorls and
many barons, to deinanti of him his Resolution
after these Consultations and Advices, and to
know of him whether he would give Securitjf
to render an Account of what he received
from the vacant Churches in the time of bii
Chancellorship, nnd stand to the Judgment of
his Court in that matter. The Archbishop
answered by the Bishops, That if he was not
hind red by sickness, be would on the morrow
come to the Court and do what he ought.
*' lie came next day, and fouod the king io
an inward chamber with tlie Bisliops, who
staid with him a long time, and with thai
i]
STATE TRIALS, 9 IIesbv II. l\63.— for High Treason.
[0
Ro(;fr archbishop of York, mIid cninc last, tliac
I hi iitivlit not (>e stispt-cied to be uiic of the
^ L:n«*» private couiibdion*, and advisers. Th«
Arci.dibhop »at in uii outward moiii with his
cpj^ ill hi) own hand, vihile ail hit buirrnj^aiis,
9-)d the earls and bnron«, were r:ilU'ii to tlx-
iicz. — Hic Bishops in thitContvreiice rulii thtr
kiDp, thMt the Archhiihop when \\v ndvisen
viiiihcni, colli them, they haduM?d hnn wry ill,
Cidniih the Uarons treated him as .ui enen>>,
•H noc judged him Jnstly, hut after an uii-
fceard t»i manner, hecaii<^c for tine ahbcuct
(^ una ubKHtia, quam supcfsixaw dicuntj
vbich rhey call a Dclar or Dcftiuit, and wab
sot lu he jud^ed a ( untumacy, thry nu;;ht not
to iijve Ciindcnined him in such a pecuniary
ir.uict as that he bhould forfeit All his nioreahlc
eoods to tlie kinr;, or they .should be in hi:*
mercy. The Hishi.ps aUo told him that he had
appijilcd to ihe Pope againiit this Sentence,
aad bv the auihurity of the Pope forhidden
them for the future to judge him in any secu-
lar accusation.
" The kmf; was vrrv much mo\-cd ai this re- ,
isiion, and aent the r.arU and many Barons,
to Ln jw of tnni whether he waii the author ot
th:$ appeal, and piohihitiun, especially seeing'
ke was hi9 Leige-man, and bnund to hini hy a
ronimon and special Oath ai Clarendon, * That
be W'uld sincerely a?>d legally ohicrve his le^ai
d §nitic«>, amongst which this was one, Tl at
ue Uitluips should be present at all his Tri:il>
ft? Sentences, except at Sentences of Blooil.
L'i Epitroifi, omnihus tjus assint Judia'n^ prvfcr-
f 7C.7I Jmt/irto Su nfitt in is. Tl . ey w e re al mi t o
iiyim of him whether he would ci^'c pledges to
*:*■ d r.| the Jud^ment of the kin<»*s C'i)uri coii-
arr.ozthe Account of his (.'hiinct'llorihJii. To
*- ch "lemands, this was his Answer, ' Thiit he
•a? ladetd bound to the king by leige hoinatie,
£•-(>' ';, anil oath, but the oath was chiefly &a-
ctrti-.'\-d\ ; That in respect of God, he was in all
die ubedieiicc and subjection, obliged to oh-
Kne hunor and fidelity toward him. Saiiiig
I.:* 'fUdience t«) God, his ecclesiastical dignity,
■ad tht episcopal honor of his person. T>>at
>« d*.LJm(.d the Suit, liccause he was not cited
to yield an Account upon an^ other Cause,
(tan that of John ; neither was he bound to
make Answer, or hear Judgment in any other.
He Confessed he had receiied many Adniinis-
Li'.ions and Dignities from ihc king, in which
heh«d fail hfidiy served him, as well in Knglard,
IS beyond sea, and had spent his own revenue
in his service, and for the same contracted
nan? debts. As to his putting in pledges or
iHewssors to render an Account, he ou;;ht not
to he Compelled to that, because he was not
tdjjd«d to do it ; nor had he any citation in
L^.e rau^e of Account, or any other except that
^^John t!:e M;irshal. And n.s to the Prohi-
l.ii *:: he ihar day made to the Bishops, anil Ap-
[i»:il.he did acknowledge, that he said to his
Kiluw bi««hop!$. That for one Absence, but not
Contumacy, thcyfiad unjustly condemned him,
coatrary to rhc custom and example of ami-
T''7i wherefore he appealed and forbad them,
That d( pending the Appeal, they sliould not
judtic hiiii in a .Secular Accn.sation, or cau^jc of
thinga done, belbre he w»» Arclil'isiii'|>. Anil
that he dul then appeal, ami pui his person and
the Church of Canterbury under the |=ro:cctian
of God, and the lord (he Poi)C.
** The kini; haiing rcceivid this Answer,
urged the Bishops, by the hoin:);;e they had
do:ie, and tlir IcuUy they had ».\vorn t«i hini,
tliiit tocefher with the Ban»n», 1 liev would liiO-
late to him a .Sinlence ionc\rniiJL' tl-.e .Arch-
bishop, Vf himttl CHin Bu/onil'ifMit An'/iitfi-cojo
sihi dirtcnt >Sitilcnliam. Tiioy luijan to excu-jC
thcinselvei hy rl'a^'on of hi<i Prohiliilion ; the
king was not satibticd, and said this his ^^iaiplc
Proliibiiion onuht not to hold .lL':li(>^t wliiit v^ns
done and sworn at Chnendon. Tluy rc) is, il
tlicy should not <iliry his Prolnljilion, he would
Censure them, .md that for (In good of (lit king
and Lingchim, they shcnid ohey the Prohdii-
(ion. At length by the kind's j ersuasion (hey
went to the Archl<i^ho)>. — And t)ie Bi^thop of
Chichester told him that latdy at Claundon,
they were by the kingt-alleil (ocether, coi.tcrn-
in^r the otsc:-va(i(in of his Kovtti L):>;ni(ies, and
lest they nn^ht douht what (l.tv were, he shew-
ed tht in those very Uoyal Customs (»f which
he spake, in tvritin^, and (hat thry pron-iscd
'lieir assent to, and tdtservation o( th« in. lie
iirst, and afterwards his sulfrauans, by his com-
mand. And when the k'm^ pressed the in to
sucnr to what they promised, and set to their
<«eals for the conliiiuation of it, they answered^
It ought to snthce (or a Sacerdotal Oath, That
they said * in the Word (d* Truth, in good
faith, without deceit, and lawfully,' they
would idisi-ne tlum. Whv do von now foihid
us to he pn ^eiti at that Seiiicnce, wh:cli he
commands iis? Upon this Grievance, and Use
you may adtl any (hinu lo our injurx, we will
Hfipeal to the P^ipe, and for this time give ubc*
dience to your ProhihiiUin.
" The Archbishop answered him he would
be present at the f>roseruti(m of the Appeal,
and that there was nodiing done at Clariiidoii
by them «ir him. (tiisi snfx'o honor e Kcilt siLitUo)
in which their Kct lesiastic honor was lutt
saved. *Twa» true, he said, (hat they |noini*ed,
in good faith, without decor, and lawfully, to
observe those Determinations, and by (hose
words, the Dignities of their Churches, which
they received by the Pond/ical law, were safe.
For tvhatsoevcr wa-* against the due laiili of
the Church, and against the lawsof God,couhl
not in kmafuU^ tV /v^ifimc ot'-iCfvari ; in gnod
faith, and lawfully be ohscr\t<l. Also a Chiis-
tian king hath no Dignity, by the use wluivof
the liberty of the CInncli, which he hath sworn
Co maintain, must peiisli. Furiher, those which
you call Hoyal Dignities, were sent to the l*o|.o
to be contiiinid, and hroiiL'lit back, rather dis-
allowed than allowed by him: he hath shewn
us an cxanijile, atid ta>:;ilit us that we should
do so, being ii ady with the H»iman Church, I'l
receive what that rLicives, and to refuse what
that rcfuseih. Yet further, if we failed in any
thing at Claicndun, * for the flesh is \^eak/ wv.-
7] STATE TRIALS, 9 Henry II. 1 163, ^Proceedings against Thomas Beckct [8
ought to take courage, and by the virtue of
the Holy Spirit to strive against tiie old Ene-
my, who endeavours, ' that he which stands
may fall, and that he which hath fallen may not
rise/ If we promised any inju«>t things there,
or conlirmcd them in the Word of Trutli, you
know, such unlawful stipulations do not oblige.
" The Bishops return to the kiui! in peace,
being excused from jud<;ing the Archbishop;
they sit apart from the Barons; nevertheless,
the king exacts Judgment of the Earls and
3arons concerning him. Erocantur quidam
Vicccomites, 4* secunda dignitatis Barones^ an-
tiqui dierwtff ut addantur tis, 4' assint Jiidicio.
Certain Sheriffs are called, and ancient Barons
of a second Uank or Dignity, to be added to
them, and to sit in Judgment, after a little
while, Procercs ad Archiepiscopum rcdeunt. The
nobkmcn return to the i\rchbisl)Op, and the
earl of Leicester prcssini; some uf ihcm to pro-
nounce Sentence, who refused it; began to re-
Jieal the business of Clarendon very particu-
arly, as the Bishop of Chichester had done
before. Quasi indc manifcsta erat regiit majci-
tatii ItcsiOf 4" proniissioms in verba vcritatis ibi
J'uctdc trans*iressiOf as if he had been guilty of
manifest Treason, or hud broken his promise in
verbo vcritatis there made, and bad the .Arch-
bishop hear his Sentence. — But the Archbishop
not willing to forbear any longer, said, ' What
is it that ye will do ? Come ye to judge me ?
ye ought not. Judicium isl sententia lata post
Contraversiam. Ei!o hodie nichil dixi ut in
Causa, Judgment is Sentence given after the
Controvcrsie or Tryal. I said nothing this day
AS to the Cause. I have been cited for no
Cause except that of John, who tried it not
with me, and therefore you cannot judge me.
1 am your father, ye are noblemen of the
Court, of lay power, secular pcrsuns, I will not
hear your Judgment.' The noblemen retired,
and the Archbishop wont his way to the Mo-
nastery of St. Andrews in Northampton, and
Herbert ond William Fitz-Stephan with him.
" The king hearing of his departure, caused
proclamation to be made in the streets. That
no man should give him, or any of his retinue
ill language, or molest them any ways. After
supper that night, he sent three Bishops to ask
licence and safe conduct from the king for
bis departure, who told them they should have
liis Answer in the morning; but he fearing some
ill from that delay, dare not stay. — This was
the seventh day of his appearing in Court, and
that night, he tvcnt away without Licence, only
accompanied with two ttcrvants, without cither
clerk or knight. On the morrow, when his
flight was known to the king and oil the coun-
cil, I hey considered what was needful to be
done, and the Archbishop was permitted to
enjoy all the reienuos of the Church of Can-
terbury, because both sides liad appealed.
The king sent presently beyond sea to the
pope, the archbishop of York, and four bishops,
Gilbert of London, Hilary of Ciiichester, Bar-
tliolomew of Exeter, Roger of Worcester, and
two earlsy and two Barons with three of bis
domestic clerks. The rest of that day was
spent about raising «ome foot to be sent against
Rese king of Wales, and there was a certain
number promised by every ecclesiastic, and
lay person, for the king*s assistance, which was
written down ; and so the Council was dissolv-
ed.— ^The king sent after him to Dover and other
port?, but he lay still in the day time amongst
his friends in several Monasteries, and truveiled
in the night, and it was from 15 days after tlm
Feast of St. Michael until the 2nd of Novem-
ber, before he took ship at Sandwich (say most
of the Historians) and landed at Graveling.**
'* Quadi'ilogus or the Quadripartite Historj
doth not in all things agree with this relation
of Thomas the Archbishop's Trial. And the
reasons of the discord between the king and
him. The chief whereof was, That several
lewd irregular Clerks were accused uf divers
crimes, hnd one of Murther in the diocese of
Salisbury, who was taken and delivered to the
bishop thereof, the king's officers, and the kind-
red of the defunct, call for Justice. The priest
denies the fact ; which, not l)eing proved by
his Accusers, he was put upon Canonical pur-
gation, in which he failed. The Bishop of (lie
diocese, sent to the Archbishop to know the
law in that case, who commanded he should
be deprived of iiis benefice, and all bis life
perform strict penance in a Monastery. And
thus all debauched, infamous Clerks, by De-
cree of the Archbishop, confirmed by the
sanction of Canons, were to be puni<ihedin his
Province, and the Punishment to be greater or
less according to the quantity of the crime, tlie
degree and order of the person, and the man-
ner and cause of perpetration.
** At the same time one Philip de Lydrois a
Canon (of what Church it is not said) re-
proached the king's Justiciarie, for which he
was not only exasperated against him, but the
%vhole clergy. The Archbishop punished this
Clerk, by causing him to be whipped with rodsy
and he was suspended from his benefice for
some years. But this satisfied not the king,
who was us zealous for the peace of his people,
as the Archbishop was for the liberty of the
clergy, who grew every day more dissolute all
the kingdom over. For which cause, the king
calls the Archbishop, Bishops and Clergy to
Iy)ndon. — And haviut; told them (he cause of
their being called together, and urgently press-
ed, that Clerks taken for, or accused of enor-
mous crimes, might be left to his officers, and
not have the protection of the Church. H%
most earnestly required, by advice of such at
had skill in both laws, That such Clerks might
presently be degraded and delivered to the
Court, whence some very learned men by rta-
son of the king's favour did affirm. That the/
were not to be sent into exile, or thrust into a
monasterie, by the Canon Law, but rather
were to be delivered to the Court, that is, tliej
were to be punished by Secular Judgment.
** The Archbishop with the Bishops of his
Krovincc, having consulted their learned men,
eiog much coDcemed fur the Liberty of the
9]
STATE TRIALS, 9 Hesbv II. 11 OS— /or High Treason.
[10
Clerf^ji ansirered to these tliiu^s^ clearly nnd
probibljr, or perhaps by pnM}( (lucuUnter satis
Ir prohQ^Miter retpondetj according to the Ca-
Booical Institution of aiitient Fathers. And in
tke eod of his Speech with much devotion, be-
Kccbed his royal clcnicncj, ' That he would
MC uuder a new king Christ, and under a new
li« of Christ, introduce into a new and pecu-
ktf lot of the Lord, contrary to the Decrees
rfibe Antient Fathers, a new way of coercion
iwhis own kingdom, and tbis he begged for
Ik king's sake, and the quiet and stability of
im kingdom, often humbly inculcating, that be
■ciibcr could or would bear it. — But the king,
■01 moved with his importunity, demanded
ttore earnestly whether bo and the Bishops
wonld observe his royal laws and customs,
addiog that in his grand fat Iier's time they were
obsened by the archbishops, bi&hops, chief
nien, and privileged persons, and that now
they ought not to be set aside. The Arch-
bnbop, after Consultation witli his brethren,
answered they would observe them, salvo or'
ihte mo ; and the bishops being asked one by
oae. gave tlie same answer, only Hilary bishop
of Chichester chanf^ed the phrase, saying, he
would observe the king's customs or laws {bona
ide) in good faitli; the king was an^ry at the
he sent his Answer and Excuse; for which
cause, by the Jud);ment of all those Bishops
and great men, all his movables were conhs-
cated. This he said was a new form of Judg-
ment, according to the new Canons, or Laws
made at Clarendon, for it was iicvlt heard of
before, that the Archbishop of Canterbury
should be tried in the king's Court for any
cause whatsoever, both in respect of the dig-
nity of his church and person, and that be*
cause he was spiritual father of the king, and
of all in the kingdom ; but he complained moro
of his brethren and fellow-bishops, than he did
of the Judgment, or the lay persons judging of
him, &c. ventntamen muUo magis quam de
judicio, vel de proccribus jitdiatntibux, de corf
frutribus suis 4* coepiscopit querebatuVj lurvans
formam fy ordinem judiciorum dictos inveniue ;
ut Archiprasul a suis sujffraganeis, aut pater d
filiis judicetur.
** The king in the second day of this Coun-
cil required bOOL of the Archbishop, which he
said he had borrowed of him: the Archbishop
affirmed the king gave him the money, which
notwithstanding, when he could not prove it,
was adjudged against him, and the king exact-
ed caution, and the Archbishop making some
delay, it was told him, he must either pay tlie
Aaiwer, stud reservation of the Archbishop and | money or go to prison. But some men seeing
«licr Bishops, and departed from them. — Most
•>: i:>e Bishops desert the Archbishop, and he
a liDg lime persists in his denial, notwitli-
v^ad:ug all the eihortations of rliem, and per-
i&asions of the secular great men; yet at
lenfCth he came to the king at Oxford, and
yrimited to change those words ( salvo ordine
k«u^ uiviiig his Order, which gave him so much
"^ Uticupon the king called the Bishops and
pvauaen to Clarendon, where he exacted the
pronuses of the Archbishop and Bi^hnps, and
bf (be persuasion of the bishop of Man and
Nurwicli, and tvko of the greatctit carls of the
nati^L, and other great pei'suns sent from the
kinf, he promised, bona JidCf nnd in rcrbovm-
/b/<», in good taith, and in the word of truth,
to observe the king's laws, leaving out the
vords sal-cu ordine ttio, and all the Bishops
4td the like, and then those Koyal Customs
were drawn up iu form, and caused to be writ-
ten by the great men, and recognised hy them.
— In tbis Council the king requires the Arcli-
bisltop and Bishops to confirm their acknoM-
Mgmeni of his laws, by putting thereunto
their feals : tlie Archbishop repents him of his
promise, and refuseth to do it, and rc<>«)lved to
n privately unto the Pope, which he nt-
lempied, and having been twice at sea, was
both limes driven back. — This attempt much
Kcighrened the king's displeasHre against him,
tad ttc caused him peremptoiily to be cited,
at a certain day to answer such things ns should
be objected against him. The king also by a
strict Kdict called togctlier all the Bishops and
ireat men of the kingdom to meet at North-
Kfflpiofl, where the Archhisliop appeared not
u pcnoo, according to his Citation, though
his friends and suiTragans forsake him, vo-
luntarily oBfered themselves assuretiesfor liim,
and live (not there named) became bound,
every one in an hundred pounds.
" On the last day of the Council before he
entered into the Court, the Bishops came to him
astonished, and atfrlgliU'd at tlie things they
had heard, whence they did nut openly for any
enormity, but as it were by way of insinuation
artiHcially persuade him. That he should in all
things, even to what belonged to the Arch-
bishopric submit himself to the king's pleasure,
if he could so u[ipeuse his wrath and indigna-
tion. Adding, iiiat unless he did it, he would
be accused of Perjury, and judged as a Tiay-i
tor, because he had not observed his Oatfi of
Fealty or Fidelity he had sworn to the kmg,
by which he was bound to maintain his terrene
honor; nor had ohoervcd the king's customs
or laws, tu which he had sprcially hound him-
self by a new nath. He \va«> not mucli disinaved.
that the world so frowned on hini, but that
which was to him most detcittahic above all
tilings was, that he collected from the words of
the bi:»hops, that they were ready to judge
him not only in civil, but also in criminal
causes in n srnilHr court. And therefore he
forbad them all, hy virtue of holy Obedience,
and under peril of their Order, I'hat they for
the future should not be present in Court when
his person was judged. And that they might
not do it, he appealed to their Mother the
iioman Church, the refuge of all oppressed.
But notwithstanding what he said, ail the bi-
shops hastened to tlie court except two, London,
and Winchcater, who privately staid behind
and comforted him.
** After this he went into the kiag*sChamber
11] STATE TRIALS, 9 Henry II. ll6S.'-I'roceedings against ThonuU Becket. [12
cnrryiiig the Cross himself erected^ expect ing
the king's coming : J'hc Bishops dissuaded this,
as an undeceiit posture, una would nut that
he should huve ^roccdcd after this manner.
The knig took notice of it, and by Out-Crie or
Proclamation made by an llerahl, called toge-
ther all the Bishops and great men, lo whom
he made a great and grievous complaint, that
the Archbishop had in reproach of himself,
and the kingdom or government, so entered the
Court as a notable Traitor, and so insolently,
as no Christian prince had ever seen or heani
of the like behaviour. All were of the king's
opinion, declaring hnn always a vain and
proud man, and that such ignominy not only
reflected upon the king and kingdom, but
upon themselves also, and said it had worthily
happened to him, who had made such a man
the second person in the kingdom ; to whom
all were subject and none his equal. There-
fore they all declared him a manifest Traitor,
and to be punished accordingly, who had not
according to his Oath observed terrene honor
toward his prince, from whom he had received
so many and so great advantages, but rather
in this fact, had impressed upon the king and
kingdom, a perpetual murk olt Treason, sed
potitts in hocfacto^ 4* -Kc^'t 4* Regno pfrpeluam
proditumii Mmulum impveui^etj (they are the ■
Author's words) and therefore he ought to be
punished as the king's perjured man, and Trai-
tor, and this was the voice of them all, ^
proptcna in eum tanqtiam in lle.^is pfriuriiiti,
4* proditorem animadverti ndmn, Sf super hue
clamor omnium inVftiiscebat,
** The Bishops, by leave from the kin*:, con-
sulted apart, for they were either to incur
)iis indigna'ion, or with the threat men, in a
Criminal Cause, to condemn their Archbishop,
which for the mMiiit'cst violation of holy Sanc-
tions or Canons, they dare not d>). At length
the matter was thus patchM up by coinnioii
council or contrivance of the Bishops ; That
they would appeal the Archbishop of perjury
ill the court of Rome, ainl bound themselves
to the king in the word of truth, That they
would use their utmost cndeai'our to depose
him. Havini; thus obliged themselves to the
king, they all went from him to the Archbishop,
and Hilary bishop of Chichester, in the name,
of the rest, told him. That he had been tliiir
Archbishop, and then they were bound to ol»ey
him. But because he had sworn fealty to the
king, and did endcav(inr to destroy his lans
and customs, especially such as behmgrd to
his terrene dignity and honor, therefore thev
declared him Guilty of perjury, and that. for'
the future they were not to obey a perjured
Arclibishop. And tlierefore put themselves,
and what was theirs, under the Pope's protec-
tion, and appcalc^i to his presence, and ap-
pointed liini a day fi6ianswer these matters.
** The king and chief men, (without tlie Bi-'
shops) sitting in Judgment, liege citm principi"
lm$ (pontificibui substractis) st Unite pro TrthU"
nafi, it was most certainly belie\cd, the Arch-
bishop would have been imprisoned, or some-
what t\orse have been dune to him; for t ho
king and all the great men that were present,
judged him perjured and a traitor. And the
Earls and Barons and much company went
from the king to the Archbishop, of whom the
chiefest person, Robert earl of Leicester, told
him, he was to come and answer what was ob-
jected against him, as he had pruniise<l to do
the day before, or he must hear his Sentence;
he rising up said, * Sentence ! yea son Earl, hear
you, %vhcn the Church of Canterbury was given
to me, i asked what manner of person that
would make me, and it was answered free and
exempt from the King's Court. Ei retponsutM
est, liberum 4- quietum ab omni ne.ru Curiaii
me rcdderet. Free therefore and absolute as I
am, I will not, nor am I bound to answer to
those things from which I am exempt.' And
then added, ' My son Earl, observe, by how
much the soul is more worthy than the bodji
by so much the more I am to obey Gad than a
terrene prince. But neither law nor reason,
periniis that children or sons should condema
or judge their fathers, and therefore I decline
the sentence of the king, yourself, and othcn,
as being to be judged under God alone, by the
Pope.' Vnde Rc^is et tumn el uliomm Judi^
eium dcclntOf »ub Deo soio a Domino Papaju'
dicundtts. To whose presence 1 do, before you
all, appeal, putting both the dignity and order
of the Church of Canterbury, and my own,
with all things belonging unto them, under
(>od's protection and bis. Nevertheless you
my Brethren and fellow-Bishops, because yoa
obey man rather than God, I call you to the
Audience and Jud<!ment of the Pope ; and •■
from the enemies of the Catholic Church, bj
authority of the Apostolic Sec, I retire from
hence. — And so made his Escape, as hath beca
before related."
The severe and lasting evils to the King, the
Archbishop, and the English nation, which fol-
lowed tliese transactions, are circumstantially
related in lord Lyttleton's History uf the Reigd
of Henry 3.
ISJ
STATE TRIALS, 23 Hekicy III. IQ$9.— Hubert de Burgh,
[14
2. Articles of Accusation against Hubert de Burgh, with the
Answers of Master Laurence, clerk, of St. Albans on behalf
of Hubert de^Btngh, earl of Kent, against whom our Lord the
King had advanced certain very heavy Cliarges. 23 Hen. IIL
A. D. 1239. [Matth. Paris's Hist. 516, and AddiUmenta, 151.
1 Brady, Appendix, No. 152.]
WilEREAS, a day had been assigned to
Ilabcrt dc Duriih, carl uf Kent, pn tiie eighth
^f after tbe dny of St. John the Baptist, in
the 93rd year o( his majesty's reign, to answer
CD our lord tbe kin^, what amends he should
aake co him for not having dehvered him the
mooty received tor the marriage ot liichard de
Ciare, on the day by the said lord the king to
km i;iFen, according to the Agreement be-
tween them Diade, or according to the judg-
BCPt oi hi) peers. And tiiat our h)rd the king
kad required of him, that he should pay to him
tbruid amends; and he liad not dune the same.
Tl« underwritten trespasses, together with
iK'jse afor<*saidy were, on the behalt ofour lord
i!ie king, laid before him tiiat he might make
•^ iswer tliereunto. To which the said earl
cade uMwer, That, as to these matters, no day
kal been given to him. And farthcrmore he
added Chat, on any rcnsonahte day to be fixed,
U «oqU1 give satisfaction to his lord the king,
cr»>)uld abide by the judgment of his peers
G&Bccrniov the premises. And he prayed that
ibc Vird the king would set forth before him, in
vntxz, the sevt'rni Articles to which he is re-
ftrrtditomaLe Answer.
[Hen teems to be some omission.]
At to this, the Karl answers, that he ap-
ptared on each of the days assigned to him by
tm lotd the king* and in no respect sought
tfr'av; but always observed the day appointed
8>':io him by the will of our lord the kin<r.
^Ureby it appears to him, all the days as-
t^i«d to him tor appearance, after his being
tt Kenentone, sliould be taken as to his case
Vj be as one dar. And* he is still ready to
i.iijaiit to the judgment of his peers, that nei-
tker he, nor any one on his behalf, ever inter-
icTrd concerning the said marriage, after the
Mtb which he made at Gloster, that he
«fiald nut interfere in the same ; nor doth
ke know, nor hath he ever known, any thing
iboui the said marriage, other than by the
acre information of the Countess, his wife,
*b>i niformcd him, that the said marriage was
c*K:irac(cd Ht St. Edmund's, while the earl wns
ac Mrrciino. And if this shall not he snthcient
U «i.| make further answer; and he is ready
twdi herein whatever his peers shall think (it.
1. Tbe first .Article is, <' That his lord the
k::.s re<)uires of him, An account of all the
Kveri'je of the kingdom, for the 14 veani next
Ui-i^ntg the death of king John, his father,
'no which time he took upon him tbe keeping
and management of the saaie, without any
authority from his father the lord Joim the
king, and without the assent of the lord Gwalla,
tiiL-n legate, who, by the common consent and
pDvisimi of the whole realm, aftfr the death
of the Marshall, was first counsellor and chief
administrator of the whole realm of Eng-
land."— To this he made Answer, Thatcertom
persons were deputed to answer concerning the
profits of the realm ; to wit, the treasurer
and chamberlains, wherefore, after the death
of Eustace de Faucumberg, bishop of Lon*
don, and treasurer, it was required, that his
Account should bo anstvered to, and it was
answered to. Afterwards, an account of the
'\hulc profits of the realm wns. required from
the bifrlmp of Carlisle, as being receiver-gene*
ral, and iie accordingly sat down and gave tlie
said Account. — Afterwards, an Account was
required from Peter dc Uivnllis; but from
the Justiciar an Account shouifl never be re-
quired, because he is not the receiver of the
profits of the realm. Whereby it appears, that
he who receives nothing, is in nothing held
answerable. And he says, that the lord king
John committed to him the office of Justiciar
at ilunncngcmedc, in presence of the lord
Stephen, archbishop of Canterbury, earl of
Warren, earl dc Ferrars, and other great men of
I he nation ; and he continued Justiciar through-
out the whole time of king John. But it hap-
pened, that the castle of Dover, at the time of
the invasion of king Louis, was esteemed to ha
untenable. Into this castle he entered, when
few were found who were willing so to do, un-
less he would place his own person there ; and,
timing the rnntinuance of thai war, he was
niiable to Uave that castle, or to execute the
olficc of Justiciar. — But, king Juha dying in
time of war, Marshall wa^ appointed governor
of the king, and of the kmgdum, by the advice
of Gwalla, then legate, and of the great men
of the kin<:dom, who, at that time, were with
our lord the kin<r. And after the return of
peace, the said Marbhall remained governor of
the king and kingdom, and the said Hubert
Justiciar, %vithout any opposition. And after
the death of Marshall, by the advice of Gwalla,
then legato, of Stephen, arrhhishop of Cantcr«
bury, of the bisiions and great men td'thc landp
he c'lMitinued justiciar without any opposition ;
and our lord the i'ope always wrote to him as
Justiciar, and so he was always esteemed by the
church| and by the kingdom, as Ju::ticiar con-
15]
STATE TRIALS, 23 Hbnry III. liS9.—Articla (ifAecuiafion
[10
Btituted by John the lord the king. And so it
plainly appears, that he did not take the office
iif Justiciar but by the commission of his lord
king John, and the assent oflord Gwalla; and
if this be not sufficient, he will make farther
Answer ; and upon this he is ready to do what
his peers shall adjudge; and moreover, if he
ought to make Answer, he has the charter of
our lord the king, absolving him from the pre-
mises, which he proflPers, and which was made
in the 15th year of the reign of king Henry.
2. ** Concerning the collection of a whole
Fifteenth, which, according to the great coun-
cil of the whole kingdom, ought to have been
k^pt and held in deposit, and so th:\t no part of
it should have been taken until the arrival at
age of our lord the king, unless under the in-
spection of six bishops and six earls specially
appointed for the purpose ; nor so but for the
defence of the kingdom ; the amount of which
was about 89,000 marks of silver." — Ansmer,
The lords bishops of Salisbury and Bnth re-
ceived the said money by direction of the great
council of the kingdom, and gave in their ac-
count concerning the same, and were dis-
charged therefrom by the letters of our lord the
Uing. By which it doth not appear that he
ought to answer at all as to this matter, since
other persons have been acauittcd for the
same, as appears by the rolls or the exchequer
and by the letters patent of our lord the king,
which are in the treasury ; and therefore, as
he has received no part of the said money, he
is not bound to answer concerning the same;
and if this, &c. and upon, ike, and moreover,
he has the charter of our lord the king, which
&c.
3. *' Concerning the territory In Poitou, of
which king John died seised, and of which our
lord the king, that now is, had seisin, when the
•tiid earl took upon him the custody of the
realm ; to wit, the territory of Rochclle, Niort,
and St. John, who, when he ought, for the
rescue of those territories, to have sent trea-
sure and corn, sent barrels filled with stones
and sand, so that when the barons and great
nien of our lord the king, and the burgesses,
perceived that default, they' abandoned the
liomage and service of our lord the king, and
turned themselves to the enemies of our lord
the king, by means whereof our lord the king
lost Poitoa." — Annccr, He ne%-er sent such
barrels as are spoken of, and this he will main-
Cain in any manner that his peers shall adjudge;
but by the advice of the great men of England
there were sent to the defence of Rochelle up-
wards of one hundred knights, and very many
ottendants, who were there with our lortl tlie
king, until the citizens and people of that land
revolted from the homage of our lord the king,
80 that Rochelle was not lost by his negligence,
or the negligence of the soldiers there being,
because, against their will, the citizens delivered
up the territory to the king of the French,
^nd this mauirestly appears, because, though
|lic knights of oOr lord the king were in tlie
y>mu, Uie citiicni remoYcd them from tbeir
council, and made peace, without the soldiersi
upon condition that the soldiers should be at
liberty to retire with safety to their persons
and with their harness. Moreover, Rochelle
was lost through the excesses of Faico, (Falca-
sius de Breaut,) which Falco and his people
rose against our lord the king while Rochelle
was besieged ; which Falco also, by his brotlier
William, caused Henry of Bray broc. Justiciar
in eyre of our lord the king, to be seised ; on
account of whose seizure and other unjust
doings of the said Falco, it became necessary
that the king and nobles should besiege the
castle of Bedford (according to Brady, Here-
ford) by the advice of the archbishops, bishops,
and nobles of the land, which bishops also
there excommunicated Falco, whereby the
guilt of the said Falco manifestly appears;
otherwise they would not have excommuni-
cated him. And if Falco had escaped with im-
punity, and the castle had not been takcHy
the kmgdom would have been more disturbed
than it was ; and if, &c. and upon, &c.
4. " That while our lord the Ring was under
age, and it was necessary to succour Poitos,
and the king's army shoaid have gone to Poi-
tou, the earl caused the castle of Bedford to
he besieged, where our lord the king and bis
great men of F<ngland expended a very laife
quantity of money before it was taken. And
when it was taken, he caused it to be polled
down and given to William de Beauctiampy
from whom our lord king John had taken that
castle in war, and whereof the said king John
was seised when he died.** — Ansvcr, The said
castle %vas not besieged by him only, but by the
direction of the great council of the kingaofB,
and by reason of the misconduct of Falco and
his adherents, because he caused Henry de
Braybroc, the Justiciar of our lord the kingp
to he seized by William dc Breauto, his bro-
ther. By reason whereof our lord the king
sent his letters often and again to the said Falco
for the release of his Justiciar, and his brother
would not do any thing in obedience to these
letters. The king also sent his letters to
William de Breaute, who answered, that he
would not restore the said Henry without his
brother, and that his brother would well avow
%vhat he did. Where fore the lord the king, having
lioldcn a council with his great men, proceeded
as fnr as Bedford, and sent Peter Fitz-Herbert^
and Alan Basitet, to those who were in the castle^
desiring that they would deliver Henry de Bray^
broc, his Justiciar, whom they kept imprisonedp
and that they would come to make amends for
the olFence in the caption of the said Justiciar
of the lonl the king; and they answered, that
they would do nothing for the lord the king,
and that they would detain the said Henryp
and would seize more if they could ; wherefora^
by the advice of the great men of England, the
castle was besieged, taken, and destroyed.
And, being destroyed, the site of the casCia
was given to William de Beauclramp by tlw
advice of the great men of England for thb
reuon, that in the treaty ofpeaoei nad« b**
• ji
>']
STATE TftlALS, 23 Hesey III. l2S0.—JIul>eit tie iSw-h.
[18
t«cea the lorj tbc king and tiic lonl Louis and
l^tios, it was agreed, that encli should hold
tbt same pubscaaiuns which he had at the
bfj!tijiiii|; ut* the \tar; and the lord Gwalhi the
Ifi^te, liie archhi^ho|i and hibhop;), cxcoinmu-
iiiJAUd all nlio biiuuid violaie limt treaty u(
l^ei'Je; and hccausc the said William had ul-
vaji claimed iVuui the saiil Tuico the suid
CsUe aa his ri^ht, but couid n«>c ohtitin the
iUiC, uotii it was taken by the iunl tiu* kiii^;
i!4»iiiie lord the kin^, on account ot' lin- trcuiy
ui* peace which had been made, and i!iiuu<:i)
feir of the sentence which hud la-cn piu-
aouoctrd, restored to him the cciic uiihe ca^du
;j Le held in the baine manner a^ hib aaceatui-.s
l^ held it, aa appear)! in the U:jU^ oi the lord
the king; and the &aid Wdhum ga\e ol' his
property tu the lord the king, that he mi^ht
bile auch seibin ; aud it' ihiji, <S:c. and upon
j. " That be bad sent messengers to Rome,
aad bclbrc ilic lord Uic king was of iull age,
Lai obtained that lie bhould be oi' lull age, ns if
liua bad been tur the ndvantoue ot'ihc lord the
iiu^ and by authority of this his a^e, had
caMd lu be granted, by charter to himself,
!aads nhicb bad been of Henry dc Eb»cx, and
■any other lauds, dignities, and IranchiMes^ of
■Lichy by bis own authority, he took pos-^c iinion
•fter the death of king John, and of which the
md king John dibd bcised, as he also caused
U be i;ii en and confirmed to religious persons,
tocleaiafticd and otiienf, munv lands and tVun-
oiaef and otlier lhing>, to t!ic Ic.oscning and
pnc detriment of the dii^niiy u{ ihc lord the
iio^ and bis crown." — Ansutr. lie did not
Mftd iiics»cnger& to Rome, hut the hi>ljop of j
Winchester bent Co Rome Wilham du Si. Al- j
Van fur the baid ba<iines*), more to the damn^e i
oft^^d Hubert tlian to his advantage, that
iw lad oilierb might render up their charLCS,
Modi^il ««n9 done at Nnrlhanipton. Afier-
*in}s,bj the common advice cjf tiit uicli!ii:ahops
lad bibiiops, it was provided, tiiat the king
»i<jDM ha%e a seal, and that v\nrb !«huuld run
» bit naine, tliat »o he might be oi uiore awe
ud greater authority in the kini;d<iiii. After-
»ird>, licence of his aKe was obtained at the
fu^^fsiion of tbc archbishops, bi.<>hops, carh,
•ad barons, from pope Honorius, for they iu^-
pitcd to the pope, that bi^ prudence and dis-
cntiou supplied bis age, as is contained in the
pemisfrion of pope Honorius, wiiirli begins
thus. *' Alihuugh, to this time, ti:o yonrli of
our most dear son in Christ, llemy, the illustii-
Msking uf England, is cusnpntcd by his yeari-, .
fct, because, n^ we ba\e heard and njuice ut, -
U has acquired a niaidy mind, and hccanse
L» prudence exceeds liis ngc-, so that he sf'ii!i*> :
lb make up in the virtue (if I'i-.cix'rion v. hat Ik !
waaibiu number uf years; from thii time he '\^
D6C to be forbiddeo to ni»kc useful dit-positions
concerning liis kingdom, and the nOaii.^ uf his
kugdom ; and, therefore, we command by this
rtolic OTfiting, as with our veucrahlc hro-
, the bishop of Winchtstcr, and the noble
ycnoos, the Jiisikiar of England and NVilliam
TOL. I.
dc Bi'uwcrn, we ^iv^ in cominruid hyour I^iUr.*:,
chat liencchM'waid liicy conunit to him tiie full
and quiet government of his kin^(h)m;" and
to the earl of CiuiiL-r he wrtitc in this m:inner :
*' iW thid apo:!>toiic wrlliiiL; \;e order u.ul com-
mand, tliut now vou cununit to him tiiC ^o-
veinaient of l)i:> kinplom, and, without iiuy
difiiculty, re^i^ii to lum, and procure to be re-
si;;uLd by others, the lauds and ca^lles which
You ii'ild in liie Ui&me of guardianship." hi
t::c same words lie wrote to the hi&hop of
Winchester: but ti the chancellor he wrote
thus : ** lly thi;» apcijtolic writing we coiniiiand,
tor us much us yen have the seal of the said
king, and the custody thereof, that irmu hence -
iorwanl you will u*e ilie same according to his
good pleasure, and with respect to it, only
follow and ohey him; and for the future cause
no letters to be scaled with the royal &eal, but
accordin;; to his will." As to the land of Henry
de Essex, he says, that the lord the kinc; of his
grace, when he wa? of full age, and after the
chancellor, by the direction of the lord the
Pope, ohfycd him, only gave him, by charter,
tliat land, and also lestorcd him the land as bis
right after he cante to his peace ; and if this,
\c. and upon this, «S:c.
6. ^* That wherenvthc lord William, kiuji; of
Scotland, foimcily dclivcrc.i to the lord king
John his two daughlers, the elder (a) oi whom
was to t.c mariiid to the lord the kin;^, or tu
carl Richard, if the lord the king sliould die;,
and for which mariiii«;e the ^nmc king William
released kin^; .Tolin all his ri^ht which he had
in the lanu» (»f (.'nmbciland, Westmoreland^
and Xoriliumhcrland; and besides, gave to
him 10,000 marks in silver; he, bcfurethc lord
li.c king was of such a;;r as to be able to de-
termine wht'J.en- he would take hci* 'o wife or
not, married licr; so il.al, wh'jn tl.e lird the
ki:ij; came of a;:r, lie was ojiiged to give the
ki; ^ of Scotia I. d \\ho now is, 1500 oxgun^s of
land for the release of the lands aforesaid, be-
cause the first agreement had not been ob-
>ervcd, and thus, notwiilistanding he had be-
fore married the countess of (Jlo>ter, who had
formerly been betrutl.cd to the lord king John
while he was earl, and whom king John had
conintiued to hi» custody, and who»c marriage
he had formerly soul to G. dO ^>andcullc for
20,000 marks, whereby each of tlicin vyas con-
nected in a certain degree of consanguinity.' —
Aif!^7vrr, lie never km w of the agreement en-
tered into by the two kinp ; t • wit, about tha
marriai;e to be had with the lord tl>e king, or
- —
(a) Mall hew l»aii» sa* s, that at the time of
Hijoevl's f<n'n(r di^jirurrl, jm l'»n2, the^king
had accused hi-n, amonj; other things, of de-
hauehing the dau^-htir «if the kii»i; of Scots,
(whom kingjtd.n Iiut delivered into his cus-
tody with tise design of marr}inj her,) and of
traitciou^ly cohabiting with hir and having
children by her in fornication, and of marrv-
iiig her in the hope of sucrtciiing to the king-
dom of Scotland if be should survive her bro-
ther.
c
1^3]
STATE TRIALS, ISEiavardII. \:i20,— Proceedings against
[24
niul, Wales, and rrclnnd, and nil tlio kind's
floinlnions cither 0:1 tliis sidn or beyond the
fto.i, between thnt. lime and the fc.i&l of Ail-
Saints next follmving (fiavin;j; Dover assigned
liiin fi>r his port to pass from, and no other)
and if he sliould he fDund in Ilngland, or any
other part of the king's dominions beyond that
day, tlien he should be treated n« an enemy to
the kinp, kin(r(h)in, and people."
He accord ins;ly fpiitrcd the kingdom, bat was
soon nficrwards recalled by tiie king, and falU
in|j; into the hnnd^ of the earl of Warwick, was
by him put to death.
4. Proceedings against Hugh and Hugh Le DlspenceR; 13 Edw.
'1I/A. D. 1320. [IJrad/s History, 128.]
Shortly after the fail of Oareston, the two
r^cspenser?, father anci M»n, acquired a very
j^reat n^^rcndancy over kinj: F-ldward 2. The
inanniM' in which tliry cxen i*«ed the power with
which he invested thcin, so exasperated the
nobles, that they to'jk up arms to obtain justice
a^^ainst the Despensers; and afcer many violent
piocecdinps they entered into the following C'on-
t'cJerucy ut Sherborne, in Dorsetshire, in io20.
" The Coyrr.i):.!' acy of the carls and barons
against Hugh and Hugh Ic Despcnser.
" This Indenture Wiinesseth, That on the
fiumlayiicxt after t'le fea'*? of St. John J)apiisr,
in the Mth vcar o\' the kinj, at Sherboi-n in
Klemedc, in the pn <'rnce of the archbishop of
YorU, the bishnps of Durham and Carlisle, the
carls of Lancaster uiid .Knegos, it was consi-
dered, That Hugh Ic Dc^penser, the father and
the son, had ill counselled and moved tlie kint!,
to the dishonour and damage of him and of
Ids kingdom; and having heard and under!»tood
the reasons of the earl of Hereford, Roger de
^Mortimer the nrplu'w and uncle, Hugh de
Audcly the father and son, Roger i)annnory,
John de Mowbray, M a uricedf: Berkeley, Roger
de CliHord, Henrv de Teys J'^l'n Girtard, Tho-
mas ISlanduit, (iilhert Talbot, and other great
men, and others of ihc Marches (i. c. of Wales.)
And notice of Information having been given
to the carls of Lancaster and .Knegos, Mon-
sieur Robert de HoMaiwI, Fonk de Estrange,
Stephen de Scgravc, William Ic Latimer, John
D«vcry, John dc Harriniiion, Adam de Swim-
iiington, William de Kynic, IVIarmaduko de
Twcfng, Richard Walleys, Robert Picrpount,
Ranulph Dacre, Edmund Dcynconrt, Thomas
^yilIeby, William dc Pf nin;;ton, Ralph dc Xe-
Tili, Giles de 'I'rnmpyton, Ji>hn dc Uckcr, Adam
dc Hodelcston, Michael dc Havcringtoii, Adam
de Evcrinnham, William Tru5*el, Uoberr de
Kiga'.o, Robert dc Richer, J.jhn de ClilVord,
Ilrnry de Rrad bourn, Niriiolus <lc Lnngeford,
John de ]i:ekeworth, Thnm'* Wychcr, John
t\c CliiV, Thomas ds J^ngncullcr'S, I'dmund de
Ncvill, Gnr.lclin Daniel : That tlic curl of He-
reford, Monsieur Ito^crde Mortimer, and other
preat men of thi* Marches, anil others abovc-
Jiamed, have b'''.'Hp quarrel:* and complaints
nj^ainsi inrmMi. in Hugh the t.ither nud son; and
that *vn done to the honour of (iod, the ho-
nour and prfifit of the king and of his kingdom.
And it seemed to them all, that the oppressions
could uot be taken oli'troni ihc people, uotiJ they
liad Hugh tiic father and son in their posseMioo^
or they were banished : And it was with one'
Assent of them all there, whoever they werCp
That the quarrels or complaints before named,
should be maintained to the honour of God
and of holy Church, to the profit of the king,
the queen, and their children, and the safety of
the croH-n and people. i)nd so as the earl of
Lancaster and other great men which bef^an tFiit
quarrel will maintain it, so the earl of TEnegos,
and all named after him, with them will maiu-
tain it with all ilieir power. And whenever
the earl of Lancaster and other great men shall
leave the quarrel, the earl of /T.negos, and aU
those named aficr him, may leave it, without
being accui^cd or questioned for it. And to
maintain thcAe things, the earl of /Enegps and
all others after him, put to their seaJs.'' This
was the part of the Indenture agreed and seakid
to by the earl of ^Ir'.ncgos.
From whence they march to St. Albania
plundering victuals every where in their roarcfa,-
and oppresvim; the poor. Per viam diripuntu
uhiquc vidua lit is- paupercs ierrtt gravantm;
from whence they sont the bishops of Londoiip
Salisbury, Ely, Hereford, and Chichester (then
at iSt. Alban«i, to make peace) to the king at
Loudon ; not only t>-> scud Hugh and Hugh the
two traitors from his court, but also out of the
kingdom. The king's answer was, That Hugh
the father was beyond sea in hii service, and
Hugh the son was at sea for the guarding of the
Cinque Ports according ti> his duty ; and that
according to right anrl custom, they ou^rbt not
to be bani<ih(d without answering fur them-
selves. Ihc king harl summoned a parliament
on the 15tli of May, to meet three weeks after
^lidsummer, on the 16th of Jtdy, at Wcstnain*
strr. 'I'hc barons, upon the rrreipi of the king's
An<«%vei-, gi» to LiOndi>ii with horse and arms^
niilwithbtunding the king had coiimianded tliem.
to (oioc to the parliainrnt in due manner;
there they hehl a council by themselves, and
came nr)t to Westminster as they were sum-
moned, but remained in London with honennd
arms tii'ieen days after tlu' king had l>cgun and
holden his parliament, when they made tha
Award against the two Spencers, and conoeaf-
ed it from the king, who knew nothing uf .iK|
until the hour they came with it to Wettmin*
ster with force and arms, so as the king opoM
not hinder the passing of it, which wu tn :
effect :
^'ToUw honour of G*
23]
STATE TRIALS, 1 3 Edward II. 1 520.-— tJte Despenteri.
[28
I
and ofoor lord tlie kins, for the profit of liim
•ud his realm, and to niuintnin peace amongst
his people and the estate of the crown, the prc-
kics, earls, barons, and other peers of ike land
■nd commons of the realm, do shew a£;ainst
arHuf^h le Despeiiser, father and son, That
WLereas sir Hu^^h the son at the parliament at
York was named, and it was there agreed he
ihwld be chamberlain to the king; in which
prliament il wras agreed, That certain prelates
itdoiber great men should be with the king
kj laras, at several seasons of the year, the
fceittf to advise him, without whom no grcnt
booess ought to pass. The said bir Hugh the
SOB, drawing to him his father, who was not by
order of parliament to be near the king, or to
be one of those counsellors, between them both
h\ve usurped royal power over the king and
hinnioifeters, and 'the government of tlie king-
don, 10 the dishonour of the king, the injury
of (be crown, and destruction of tiie kingdom,
pvit men, ^and people ; and have dune the
nickedoesses under-written, in contriving to
tura the heart of the king from the peers of the
kod, that chcy may have the sole government
thereof. — 1. That sir Hugh the son made a Bill
orwritingy cvherehy ho would have had sir John
Gidbrd of Brimmesficld, sir Richard de Grcye,
lod others, entered into a Confederacy tu have
farced the king to do what he would l)avc him;
udhad almost done it. The tenour of the Bill
iainder-writteu. — 2. Homage aiid the oath of
lUegiaoce is more by reason of the crown than
of the person of the king, and bound him more
to the crown than the person ; and this appear-
ed, for that before the crown descends, there
il no aUcgiance duo to the person expectant.
WhercC>)re in case the kiug canics not himself
by msoQ, in right of the crown, his lieges are
booad by oath made to the crown tu remove
tbe king and tlic btate of the crown by reason ;
ud otherwise the oath ought not to be kept.
Hieo it was demanded, whether the kin:: was
to be dealt with by suit of i.iw, or by rigour
(par suit dc lojf ou pur asprrtce ;) by suit of
law it cuuld nut be, for he had no judge. In
which caw, if the king's will be nut according
to reason, and that he maintains nothing hut
enor; tlierefore to sa^'e their oath, and when
the king will not redress what is injurious to
tlie people, they must proceed with rigour; for
be IS hound by oath to govern his Heroes, and
bis lieges arc bound to govern in aid of him,
and in default of him. — 3. Also upon the
application of the great men and people unto
him, his answer was according to the pleasure
of these two, in turning the king from his
duty against liis oath, and the hearts of the
treat men and people against their liege
lord.^-4. Also by their evil contrivance, they
will not sufTcT the great men of the realm noV
good counsellors to speak with, or come near
the king to advise him, nor the king to speak
to theffly unless in their presence and hearing,
or of one of them, and when they plca.se ; they
usurping rovnl power and sovereignty over the
penon of tLe king, to the great dishonour and
peril of him, the crown and the kingdom.— 5.
Also to attain to their wickedness, covetous-
ness, and disinheriting the great men, and de-
stniction of the people, tht^y put out good and
agreeable ministers placed by assent, and put
in others false and wicked of thoir party, «vho
will not sutler right to be done as sheriffs, es-
cheators, constables of castles, and make justi-
ces not understanding the law, as sir Hugh tl»e
father, sir llalph Basset, sir Ralph Camois, and
sir John luge, and othcra their friends; who
caused to be indicted, by false jurors of their
alliance, the peers of the land, as the earl of
Hcretord, M. Ciilard of Briinmesfield, and M.
Robert de Monshall, and other guod people, to
get their lands. — G. Also they falsly and mali-
ciously advised the king to raise amis against
his people in Qioccstcr^hire, contrary to the
Great Charter, and the award oi' the peers of
the land, and by their false and evil counsel,
would have made wur in the land for their own
proper quarrel, to the destruction of Holy
Church and the people. — 7. Also whereas the
earl of Hereford, and the lord of Wigmure (i. e.
Mortimer) by the king's command were assign-
ed to make war upon Llicwelin Bren, who had
levied war against him in Glamorganshire, when
the earl of Gloucester's lands, by reason of his
death, were in the king's hand; and Diewclin
had rendered himself into the lords hands to the
king's grace and pleasure, and upon that condi-
tion delivered him to the king, who received him
accordingly; but when these lords were out of
the country, these two, the father and son,
usurping royal power, took Lheweliii and carried
him to CardilF, after that sir Hugh the younger
was seized thereof (as of his share of the earl of
Gloucester's estate, one of uhnsc daughters
and heirs he hud mariicd) pretending to a juris-
diction, where none was in this case; and
there caused him to be drawn, hanged, be-
headed, and quartered, feloniously fur things
done in the time of king Henry: and also took
upon them royal power and jurisdiction, which
was appendant to the crown, in disheritance
of the crown, and dishonour of the king, the
said lords of Hereford and Mortimer, and in
ill example and great peril in the like case in
time to come. — 8. Also thry ill advised the
king to take into his hands the lands and goods
of sir Hugh Audely the son, who was fore-
judged wit.'ioiit di:c process, contrary to the
law of the land, by the cuvctousncssof the said
Hugh to get some of those lands; aud by other
false compassments contrived to have the lands
of sir Roger Dnmmory, and for having him at*
tainted for entering into Gloucestershire, in
disheritance of the peers of the land. — 9. Also
that whereas the king had granted by his let-
ters patents to the earl of Warwick in full par-
liament at Westminster, That after his death
his executors should have his lands until his
heir was of age ; which grant, after the earl's
death, was confirmed by the king at Lincoln
at the request and assent of the peers of the
land in parliament, the said sir Hugh the father
procured his son to cause the king to repeal
27]
STATE TRIALS, 1 3 Edward 11. 1 S20.^Proceedmgi asainu
[25
this grant w ithout cause, tind to give to the
said Hugh the father, fur his own profit, the
^uard of titose lands; and also had defeated
b^ evil counsel what the king had granted in
Ins parliaments by good advice, and by assent
of the peers of the land, to the dishonour of
the king, and against right and reason. — 10.
Also, that tiicy wouhl not sutFor the king to
take reasonable fines of the peers of the land
and otheis, when tliey entered and received
their fees, as it had heen used bcfure that time :
but by covetousness, to get such lands by the
royal power they had guined, they caused undue
impeachments to be brought^ surmising the
land was forfeit, as of sir John de Mowbray for
the lands of Gowcr, and of others, to the da-
mage and dishonour of the king, and contrary
to the law of the land, in disheritance of the
great men and others. Also making the king
do against his oath in parliament. — 11. Also
by wicked covetousne&s and power royal they
will nut suffer the king to hear or do right to
the great men, upon what they presented to
him, for himself and themselves touching the
disheriting the crown and them touching the
land:) which were the TempltTs. Also by
usurped power royal they governed the king,
his council, and his prelates, that in matters
concerning them and their friends, or tvhich
they undertook, no right could be obtained but
according to their pleasure ; to the damage and
dishonour of the king, the peril of his oath, and
dislieritance and dedtniction to the people of
bis realm. — 12. Also bishops, abbots, and priors
elect, who ought to be received of the king
when duly elected, cannot come near him, nor
speak with him to obtain hib favour, until they
have agreed and made fine with sir Hugh the
son according to his pleasure; nor any that
had any grant to ask of the king could obtain
it, before they had made tine with him. — Which
wickednesses are notorious and true, as it is
found by the examination of the carls, barons,
and other peers of the land : Wherefore we
peerb of the land, earls and barons, in the pre-
sence of our lonl the king, do award, That Hugh
le Despenfer the son, and Hugh le Despenser
the father, shall be disherited for ever, as dis-
lieriters of the crown, and enemies to the king
and his people, and to he banished the king-
dom of Kngland, never to return again, * un-
less it be by the assent of the king, and by the
absent of the prelates, earls, and barons in par-
liament duly summoned ;' to avoid the realm
between that time and the feast of the decol-
lation of St. John Baptist, or 29th of August
next coming; and if found in England afler
that day, or if they returned after that day,
then to he done unto as to the enemies of the
king and kingdom.*' — This in the printed copy
is called, Krilium Iluf^onis fe Dcspcn$cr, patri
^Jitii ; the Banishment of Hugh Despenser,
father and son.
These Articles appear to.havc been admitted
and taken for granted, without any direct proof,
as the manner then was to proceed io parfi«-
meat.
After they had by force obtained these things,
and in this manner, they bethought themselves
of some security for what tliey had done, set*
ting forth. That they could not be obtained bj
process of law, for that the two l^spensera
usurping royal power, and having the kmg and
his ininibtcr:^, and the direction of the law at
their devotion, or in their power, the great
men of the land made a C'onfederncy by oath,
writing, and in other manner, without the king's
leave; and then they and others, with horso
and arms, marched against others, with tb«
king's and their own anns displayed, and took
and seized upon castles, towns, manors, lands,
tenements, goods and chattels of the king's
liege subjects; and others of them they took
and imprisoned, others they ransomed, and
some they killed, and did many otlier things,
in destroying the said Hugh and Huab, and
their allies and others, in England, Walesyand
the Marches, of which some may be called
felonies; which things having been so done by
necessity, ought not to be taken notice of, or
punished by law, nor can be without great
trouble or hazard of war. These great men pray
the king for peace sake, for the assuaging at an*
ger and rancour, and making unity in the land^
and that he may more entirely have the liearta
and good will of bis people to defend liis own
countries, and offend his enemies; that it migbt
be accorded and assented to in full parliament^
by the king, prelates, earls,bamns, and commouo
(Sf fa comoit de royalm) that no great men of
the realm, Prelate, Earl, Raron, Knight, Clerkp
or Esquire for the Confederacy mode by ooiliy
writing, or in otlier manner, or for riding willr
the king's, or other arms displayed, nor ror the
taking, possessing, or detaining of castles^
towft>, manors, lands, tenements, roods, or
chattels, the taking, imprisoning, aodf mnson-
ing the king's liege-people, or for kilting of
men, other robberies, felonies, or other thinp
done against the king's peace, which may bo
judged trespasses or felonies, from the begiB*
ning n^ the world to that day ; and other peo*
pic of what condition soever they were, for
the trespasses and felonies aforesaid committed
fcince Candlemas last past to that day, should
not be impeached, grieved, or molested at tbo
suit of the king or any other. But of all such
things, by this statute and accord should bo
quit for ever, saving to every one, except thtt
said Hugh and Hugh, their right to demand
and recover their frank tenement, and their
right, without punishment from the king, or
giving damages to the party. And also. That
it may be granted by the king in the said par*
hament, that if any earl, baron, or any gmH
man, for themselves or others, whom tboy
shall name to the chancellor, between this and
St. Michael next coming, will have the kinpfli
pardon of sute of the peace, or what peitaui
to him, of all manner of felonies and trespaiMO
done contrary to the peace ; or of disoboiA
encesy contempts, conspiracies, cnnfederatioi
privy covenants, and obligations, made a|v
the kiBg^ ihoald bare tbcir cbwiir 9ipm
»]
STATE TRIALS, 13 Edward II. 1 320.— Me D«p«i«r«.
[30
nitbont paying fees in the Chancery ; and ilint
lil tuch writings wlicre-«ver found to be null.
This wu granted, and hath this title in print,
Se f irtf cccasion€lur profeloniis tea tran*i:re$'
amubmtj'aetn in proMtctttiont Huganis leDcs-
^eurr, pairU 4r filn^ That no man may be
ffDsecttted for the felonies and trnnsgrcssions
imitted in the prosecution of Hugh Des-
ffather and son : and there follows a
of pardon granted to the earl of Here-
M, according to this accord ; dated the 20th
if Aogust next following, then in the 15th
varof his reign.
lo December following, Hugh Despenser,
Arvounger, ajiptied himself to the king for
ike repeiJ of his eiile, tvlio committed him to
pisMi, mnd sent his petition to the archbishop
«f Canterbury, the other bishops and clergy
keing then in a provincial synod at London, to
trivise about, and give him their sense upon
it, who judged the award, as to the exile and
dbinberitance, erroneoas, against right, and
sbiained by force, %vitbout iheir consent, as
fetn of the land, and therefore advised and
frayed the king to repeal, and make it null for
ever; which was done, and the king granted
bin his protection and safe conduct, for his
person and estate, by his letters patents, dated
R Westminster, the 8th of December in the
ISrh of bis reign.
Ob the 14th of March, in the 15th of his
•ei^ the king at Derby issued his summons
hr ■ parliament to be hoUlen at York three
after Easter next coming, into which
iQC upon the petitions of Hugh De-
r, the father and son, (notwithstanding
Ike s&tCn had f>eeti reversed before) was
kn«p« before tl.e king, the process and award
fw their disheritance and e\ile, and upon
ikcwc the errors in them, they were both
iwcaed and made null. — ** Whereas lately nt
ft' farhament summoned at Westminster to
■eet three weeks after the nativity of St. John
BifciK hnt past, an nwnrd was made against
Br Bogh le Despenser the son, nud sir Hugh Ic
Dcfpener the father, by certain great men of
Aereaim, and then after the feast of St. An-
ttm next following, Hueh the son petitioned
rft,sbe«inr. That while he was in our service
a the office of Chamf^erlain, and so appointed
afaB pariiamcnt, the earl of Hereford, M.
Is^ de Mortimer the nephew, M. Uogcr de
Xartjiner the uncle, M. Kogcr Damory, M.
Mb de Mowbrav, M. Hugh d'Audclc the
hiher, M. Ilagh d^Audelc the son, M. Kog^r
ieCbff>rd, M. John Giflfard dc Brimmesfield,
I. MaoTice de Berkeley, M. Henry dc Tyes,
1L John Mfeitmrers, and many others, made a
CnMcracT by oatlis and writing to pursue
toi dntroT him, and opnn this Bf;rcemcnt all
^ ifa>ie-uafued, with their retinues, came
^ WeAaetitaT after the feast of the invon-
irf Holy Cross, in the Mth year of the
(to Newport in Wales, with forre and
^l^ft Mb *a '"*» wiih 800 men at arms,
%Aa%HMrordie kinifs arms displayed,
Itiik 9M HoMon^ and 10,000 fuot, to
enter upon all his lands to destroy them, and
with the same puwer and force to besiege hit
towns and castles, and took them by force, and
killed part of his people, sir John Ivrayn, Mat*
thew de Gorges, and about 15 other Welsh-
men ; and part they maimed, as sir Philip
Joce ; and part they look and imprisoned, at
sir Ralph de Gorges, who was then in prison,
M. Philip Joce, sir John de Frcsingfield, sir
John de Dunstable, William de Dunstable, and
many others, which they freed upon ransom ;
and they took, curried, and drove away his
goods and chattels found in his towns and
castles ; that is to say, 40 war horses, and
armour for 200 men completely armed, and
other warlike engines and implements, and
victuals, tvheat, wine, honey, salt, flesh, fish,
and other victuals, to the value of 2,0004
and burnt all his charters, remembrances,
and monuments thev could fmd, to his lost
3,000/. They also burnt part of the gates
of his castles, and houses, and took the
irons out of the windows^ and leads of the
houses, Ike, and carried them away, to the
damage of 2,000/. and then names ten casdet
in Wales, and the Marches, which they took
and destroyed ; and with the same force and
power, they stayed in his lands totally to des«
troy them about 15 days, in which time they
forced tlie greatest part of all the country to
swear to be of their party, and those that
would not, they imprisoned, put to ransom, and
burnt their houses and goods ; and in the
same time they robbed and plundered him of
all the moveables in and upon bis manors, 60
large working mares with colts and foals of
two years, 1(30 heifers, 400 oxen, 500 cows,
with their breed for two years, 10,000 sheep,
400 hops, and all other necessary things found
upon them, as carts, ploughs, vessels, all these
they took, drove, and carried away (without
leaving any things from his manors, lands,
and towns in W*aies, which were 24 iu num>
her, to his damage of 2,000/. They burnt hit
granges, and destroyed his crop upon the
ground, to his damage of 2,000/. and the debts
which were ov\ing him there, by force and
cruelty they made his debtors pay unto tliem^
to the value of near 3,000/. with fee-farm
rents, and other customs, which amounted to
near 1,000/. And from Wales with the same
power and force they came into England, upon
his castles, towns and manors there, and cut
up his woods, unchaced his cliaces, disparked
his parks, pulled down his houses, robbed and
rifled as much as they could any where And, to
his dumnge of 10,000/. and then seized upon
his friends, and his people, whereof some they
put to ransom, some they rifled, and tome
they imprisoned, to the great grievance of
them, and then by the same cruelties and
hardships, they m:tde the greatest part of the
people against their wills, to be of their party,
and sworn to them. And nNo with their
force and power t hoy came to the parliament at
Westminster, and there upon false accutationt,
without calling the said Hugh to answer, against
31]
STATE TRIALS, 13 Edward II. lJ20.^Proceedings agakst
[Si
all manner of right and reason, und a<;ainst the
law of (he land, erroneously awarded him to be
disherited and exiled England, ^wherefore he
prays the king, ns he is hound hy right of his
crown, and hv the oath he made at his coro-
nation, to maintain all people in tlicir right:*,
TJiat he would please to cause to be hn>ught
before him the process of the award made »•
gainst him, that it may be examined, and that
the said Ilui;h may be received to shew the
errors in it, and if there shall be any found, he
would please to repeal and redress tlieai, and
to do further according to right and reason :
and the said Hugh afterward shall be ready to
atnnd to ri|;ht, and to answer every complaint
and accusation according; to rccison. And he
shewt'ih the errors of the said process, for that
the {;reat men who purs«ied and destroyed him,
pra\eil pardon of the king for all those things,
which mi|;ht be judged fcloniia or trespasses in
that pursuit, which they made by their onn
autl.ority, by .which wrongfully they made
thcinselvesjudgesof him, v\ here they could not,
or ought not to be judges ; also error, in that
the said Hugh Mas not called into court, or to
answer where the award was made ; also error,
in that the award was made wiihout the assent
of the prelates who were peers in parliament;
Item, error, in that there was uo record of
their pursuit, or the causes contained in the
award ; uUo error, in that the award was made
against the form of the Great Charier, %Wierein
is contained. That no man shall be forejudged,
nor in other manner destroyed, unltss by j
judgment of his peers, or by the law of the j
land; with request to the king to take notice, '■
that the great men were summoned to come
duely to the parliament, but did not, when they
came with horse and arms, and all their force ; <
Whereupon the said Hugh came and rendered i
himself prisoner to the king, praying he would 1
receive him into his protection to prosecute his I
complaint, and that right might be done him in ■
these Diatters ; and the kinv received him as
he ought to do, (sicuine j'uirc dciuomsj and
caused his petition to be carried to the arch-
bishop of Cuntcrhury, the bishops, and other
prelate 5, and the clergy of the province of Can-
terbury, then being in a provincial council at '
London, chaigiiig thtm by the faith they ought {
him, to advise about the petition, and let him '
knou tlu'ir ti.oiightd concerning it ; and when
they Had \^ ell advised concerning it, they answer- '
ed, Tliat it seemed to them, that the process and
award uf the exile, and disinheritance of Hush
the !>oi), and lather, were erroneous and wrong-
fully MKide, »ii(.-rc:ore they a«^reed and unani-
mo'.-a'.y u'-kvotf. d, as peers of the land, and
prayed a» peers spiritual. That the award I
which l^as made »iekc-.!!y ::nd wrongfully a- |
eain»t Ciod, nnd ail nianncr of right, Ciontrc
l)(icu S- tott fHuiitrc lie ilniit ) mijiht be bv the
King repealed and annulled lor c\«.r; anu said
further, Th it they nor none of them over as-
sented to tilt' au:i:d: but that every one of
tbeu at ti.c time wi.cn the award was made, ;
U( wrii.n*^ uiudc [irotcjiation^ That \hcy could
not or would assent to it for many causes ; and
the earl of Kent the king's brother, the earls
of Richmond, Pembroke, and Arundel, before
the king and prelates, said the award was
wrongful, and against law and right, and
prayed him, vkiih the prelates, and as they l»d
done before, to null and make void the award;
and the earls uflirmed, That for fear of the
force, which the great men suddenly bipught
to the parliament to make the award, .which
was to them unknown and unexpected, tliey
gave their assent to it, und also advised itm
king to sulTer it to pass, for which oflfence and
mistake they prayed his pardon/'
And then afterwards another petition wa»
delivered to the king, on behalf of Hugh the
father, sttting forth. That the same great men
before named, and their adherents and confe-
derates with force and arms, on the day of St.
Uarnaby, in the 14th year of the king, came to
his manor of Eastern in Wiltshire, and twelve
others in that shire, six in the county of Glou-
cester, four in Dorsetshire, five in Hampshire,
two in Berkshire, six in Oxfordshire, three in
Buckinghamshire, four in Surrey, one in Cam-
bridgeshire, two in lluntingtonshire, live in
Leicestershire, one in Yorkshire, one iu IJn-
colnshire, ii%'C in Cheshire, and five in War-
wickshire ; in all 03 manors there named,
where they made the same havock, committed
the same spoils, devastations, and destructions
upon his houses and lands they hod done
upon his aou'i, and used his debtors, tenants,
friends and people as those of his son ; except
that the loss of his goinls, moveable and im-
moveable, in and upon his manors and lauds,
were greater: as namely, two crops of corn,
one in the barns or granges, the other upon
the ground ; 28000 sheep, 1000 oxen and hei-
fers, 1200 cows, with tlkeir breed for two years,
-to mures, with their bived fur two yearb ; 600
cart-horses, 2000 hogs, -100 kids, 40 ton of
wine, 600 bacons, 80 curcasses of beef, GOO
muttons in the larder, und 10 tons of cyder ;
Armour for i^iH) men, and other warlike en-
gines and provisions, with the destruction of his
houses, to hia damage 30,000/. And at the
same time they entered the Abbey of Langley
in Wiltshire, broke up his cotTers, and carried
away 1000/. in silver, alsK) his charters, evidence,
and Ixiud, cup^ of gold and ailver, and other sil-
ver vessels and jewels, to hia damage of 10,000/.
And at the same time with force and arms en-
tered the king's castle of Marlborough (where
he was the constable) and took his goods there
found, 'oO sacks of wool, 6 pair of rich vest-
ments, a library, a gulden chalice for the sa-
crament, oneoro^s of gold, another of ivory and
ebony, und other ornaments belonging to the
chapel ; cloths of gold, carpets, coverings, and
many other things, nnd his whole wardrobe
entirely, to his dania;:e of 6000/. Excepting
these uiUcrcncos of lt>ssrs, the petition is
the same with his son*s vtrhatiw, and the cr^
rors assigned in the process and award, are
the very same ; his rendering himself prisoner
to the kins;, and his reception into the kiug*«
*^1
STATE TRIALS, 1 3 Edwakd II. 1 320.— /A^ Bexpenecra.
[31
protection the same, and expressed in the same
wurds. And then it follnirs by the king (et
Rviri aprtk^ a nastre parUmcnt tunuttons a Eiwr-
K;k a« frrii scmrins dt Pasch an dtn nastre reg"
M futH:\Mtu'j€isims drvant nuu$ Ic proces del dil
£^ard a la suite la diig Hutth Icfitx, 4* Hui^h
kprrff en cesifs parolts^ a Vhoneur de Dieu J^
m*lt fgiisc, 4'rO -^"^ ^® iifter wards, at our
^rLiiBenc at Ytirk, three weeks after Easter,
Mibc 15tli year ofnur reign, cansed to coine
hAme us the process of the award, at tlie pcti-
lioi of the said Hu^h the son and Huf;h the fa-
bcr in cliese words : To the honour of God and
fc-xyCbarch, 6cc, the whole award bein^ cited
in (kii record. After wliich recital it follows,
(m ffi€mprtrleinent, ^-c. ) At which parliament
St York, the said Hugh the son and Hugh the
^er being brought before us in court, prose-
CGt;ng their complaints, and praying us to do
ibem ritsht ; and the said Hugh the son fur
bimsclf sliewcd and alledged the errors in the
process as abovesaid ; and also Hugh the fa-
ther alledeed tlie same errors, and prayed seve-
aUy and jointly. That ns the award was made
Cfrooeoosly and wrongfully against the laws
tad usai^cs of the realm, and against common
rfhtand reason, that we would annul and de-
nt the said award, and that they might be re-
sitted and reconciled to uur faith, and to such
otitc as the J bad and were in before the
ivard: And hereupon hcnrins the reasons of
the nid Hugh and Hugh, we caused the pro-
CflH to be examined in full parliament, in the
yreicacc of tiie prelates, enrls, barons, knights
oi' counties, and tlie people that were come, by
itasoa of the parliament (en presence des pre-
iMiet, crwa/es, bnrons, chivalcrx deu counter, ^
If pc<f/ic 4* t*loit venutt pur cnchtwn du dit
^kmisii) And we found the said award was
nadc wiihoiit calling tliem to answer, and
^Ahozi the assent of the prelates, which arc
pcfnofche realm in parlmment, and at{ninst
iAv great charter of the franchises of Kn<;lund,
vhifh kafs no freeman shall he banished, or
V.futt mny destroyed, but by lawful judgment
M ui peers, or the law of* the land, and for
tUc they were not called in court to make an-
iwer, and for these errors, and ior that the
ciase« in the said award were not duly proved
(k pur ceo guc let causes eontenuet en la dil
9§vd mejurenl pas ducment approvets ;) And
iiiniji'r tia»ing rrunrd to that, that we caused
tae pariiiiment at Westminster to be summoiv-
•il iq due rn;4nner, and commaiided by our
wntstlie^nid creat men (who made the award)
■At to make assemblies and alliances, or come
vitk anncd men, yet tl>cy came %vith all tlivir
farce Vt that parlimncnt, notwithstanding our
noimanri : and when tlicy came to I^indun in
dtit manner, they held their councils and hs-
IMiblir« at L/mdon, without coming to ns at
WtHtninacer according to summons ; and then
MM to ihen to curae to the parlinmcnt at
' r M thcv ought, yet they woidd not
lac «■ know their mind, nor the
• iboagh we had begun and
^.d^Jp «Mf iKirVy and
, caused to come before us the prelates, and
I some Gill Is and barouH, knights of counties, nnd
others wliicli came for the commons of the
realm fjjr avioms fait renir^ devant nous pre^
lutes, Sf aucums couules Jf Oarones, chivulers
des conntes, 4' ti"l^'*-'^ V''^ vindrait pur la com^
mune du roifabn) and caused it to be published.
That thuse that had petitions to promote should
deliver them. And after proclamation thus
made, no petition w.is delivered, or complaint
mndc against the said Hu^h and Hugh, until
ttiry cnme as aforesaid: and the contrivance
of the said award ihey wholly concealed and
kept fn)m us, unto the very hour they came to
Westminster with force and arms, and made
their award against reason, as a thing treated
and agreed on amongst themselves, on their
own authority, in our absence, and encroached
upon the royal power, juri^diciion, and conu-
sance of process and judgment of those things,
which lielong to our royal dignity; wherefore
we could not at that time stop the said award,
nor do right to the said Hugh and Hugh, os it
belonged to us. And further taking notice
that those great men, after the award made,
prayed our pardon and release for confedera-
ting themselves by oath, writing, or in other
manner without our leave, in pursuing them,
and trooping with banners of ours and their
own arms displayed, and taking and possessing
castles, towns, manors, lands, tenements,
goods, and chattels, and also taking and im-
prisoning people of our allegiance and others,
and some they wounded, and some they killed;
and many other things they did, in order to
destroy the said Hugh nnd Hugh, in England,
Wales, and other where, of which some might
be called trespassrs, and other felonies ; also it
appeared, tl)>)se great men were enemies to,
nnd hated them at the time of the award and
before, wherefore they ought not to be their
judges, in their own prosecution of them, nor
have record (ne record aver) upon the causes
of tl>e said award. And we arc hound by the
oath we made at our coronation, and obliged
to i\Q right to all our subjects, and to redress
and cause to be amentlcd all wrongs done to
them when wc are required, according to the
Great Charter, by wliich we are not to sell or
delay right and jus:ice to any one ; and at the
pressing advice ami request ^^^f the prelates,
given us for the safety of our soul, and to n%'oid
dutiirer, nnd for to take away an ill example
for the time to come of such undci takings and
judgments, in the tike case, against reasiui.
Wheretbre we seeing and knowing the said
process and award, made in the maimer afore-
said, to be as well t>> tlic pri'/iiidice of ns, the
blemishmc-nt, (or huii) o( our crown nnd royal
dii;nity, againrl ns and our heirs, as against the
said Hugh ami llu^h, and for other rtavniahle
causrs, of our royal f)o^\('r, in a lull parliament
at York, by the adiicc arul assent of the pre-
lates, earls, burons, knights of counties, the
commons of the nMlm, and otlicis bciuKat our
parliament at Y«irk 0'"'" '' <*'»''*♦ '^ * I'nssrnt
dci prdatz, countes, baions, cluxalers des Qvun-
D
33]
STATE TRIADS, 13 Edward II. \ ^20. —Proceedings againsi
[50
tcz le commnn du roi/ulme. A- a It res a nostre Jit
piirUniCiii a Kxtrwyk Kitauatz) do ivhoUy
null and ik-fcat (de tut ancnthwnis $f ritfa^oi/is)
the sjikid iiwiird of the exile and disiulifritisiice
of the said liii<!li and ilu^h, and nil thin^'^ in
IIk' Jiwanl ft;- (jiiant quti ctf niiurd touche) :nid
do I'nlJY remit and reconcile tlif said Hn.h the
ion, and Iln;;;h the tlither, t«> our i'uith and
pence, and to the t^inte tijcy had nnd were in
before the innkin>4 of the uuard in all points.
And we aw:?rd, ihui tl:ey have bjiain (rccitut )
seisin ot* their lands and tenements, jiooda and
chattels, ^:c. And we will iii;d <'onnnand, that
^liere this award is enridled in any places in
our court, it be cancelled ssiid annulled fi.r
ever/ And so the roll was ciuiccllcd and
crossed, and remains so at tliis day, with this
luemur.mdum wnlteu under the Aw ard. * TlifiC
things above written are nulled and concclled
by force ot"nn Award made in the parliament
at York hchl three weeks after Kaster in the
15th year of the rei^in of our lord, tis it is con-
taihed in a roll sowed to, nnd hanging at tl)is
roll in the month of May.*
After this, the DesjJtnsers soon regained their
fjower, nnd queen Isabel ha\inu; taken arms
againbt her husband, king Kdward, assi};ncd the
misconduct of the«e Despcnsors a.s the cause of
Jier cluing so, in the follow ini: I^xlchunation :
" Isabel, by the i;race of (Jod, ijueen of Kng-
land, dame of Irehind, counters of Pontif, or
I'onthieu; and we Kdward, eldest son to the
noble king of Kngland, dukeof (Juven, earl of
Chester, IVmtif, and Monstroil, or MonsireA-il;
and *ve Kdmond, son to the noble kin^ of J'lng-
Innd, earl of Kent, to all tho^e to whom thc^se
letters shall com'*, irreeting : \N'hert;:is it is no-
toriously known, that the stale of Holy Chnrcli
•^id tiM: Ueahn of Kn^land, are many ways
blemiahed nnd nbased, by the evil counsel nnd
abett of lliitjh le Despcn^-cr, who by pride and
a desire to h»rd it, and set hinuclf over all
others, hath t:iken upon him roynl power
against right, reason, and his alleg[ance ; and
in like manner made u>c of all the oil counsel
of Robert Haldock and others his adherents, so
as Holy (Miurch is reviled, nnd shamefully put
under great subject iun, and the prelates of
Holy (.'liurch spoiled of their giMids against Ood
ami ri^ht ; Holy Church defamed and dis-
lionoured manv wav*. nnd the crown of Eiiii-
l:nid destroyed in di\ ers numnc rs, in di^herit-
iuice of our lord the king, and his heirs, the
irrcnt men r»f the r«':din, bv the envy and wicked
cruelly ol the !»aid Ilii'^h ; many of them, wiili-
out fault anrl without cause, put to «hMnu>fid
di'iith ; bi»nu: di-.i.i'riied, others impris.oncfl,
l>ani-ihe«l, nnd exiloij ; widows iind urplunis
wrongfully f<nvind:rd of their ri;:!;*, a!id the
people of the liiid, by divt rs laihi'ji-^ ;'nil nnilue
exactions lerv oft ( n bunlu ned, and bv di^prs
oppression** i:n<'w'l uithoiil lU'-rcy. IJ) which
olVences the ^airj llii;ih h:ith sluwn himself ;ui
opf^n tyrant and enemy to (Jod and Holy
C'inirch, to oiirnio!>t dc.ir lord the king, and to
the whole n'alni. And wf» anil many others
v/'ixh us, and in our company, who liave long
been estranged from tin? go«.xl pleasure of our
lord the king, by the false suggestions and evil
procurement of the aforesaid Hugh nnd llobcrt,
and their adhcitiits. are come into the land to
raise tlic state of Holy Church and the rcaloi^
and to defend the pwJple from these mischiefs
and grievous oppressi<ms, and to muintain to
our pow< r the honour and profit of Holy Churthf
and our lord the king and the whole realm, nt
abijvcs:Mil. \Vlu:rcfore w»: cmmnnnd and pray
jou for the connnon profit of you and f'^ery
one of you, to he aidant to us at all times and
in all places, a ml by all the ways ynu know or
can. tiiat the thing's abovi^said nniy be speedily
brou'jht to a p;ood eillrt and end. Tor know
certainly, that all v.c, a:id all those with US|
will not' undcrt:ike any thing tluit shall not be
for the honour and profit of Holy Church, and
of the v.hoh' kingdom, as in time yon will see
and fmd, if (iod please, (iiven at Wullin{;«
ford th<.' 15th chiy uf October, in the twentieth
year of the reign of our most dear lord tin
From Wallingford dlie marched to Oxfurd^
and so in a short time to Bristol, which slie
bcsii'i;ed, and soon took ; and the next daj
after she came thither, Hugh Despenser tfao
father, earl of Winchester, was drawn and
hanged upon the common gallows, without
hearing or trial, on the '27tli of October.
Hugh Despenser the son was soon after taken,
and, as Knighton reports, was arrai^^ned befora
sir William Trusscl, a justiciary, in the fonn
there mentioned, which was by Way of a speech
made against him, as it is here contracted :
<* Hugh Ic Despenser. in the parliament at
Westminster, in the 15tli of the king, your
father and you Hugh were awarded traitor*
and enemies of the realm, and banished u
such, never to return without the nssent of tha
king in full parliament ducly summoned. Con-<
trary to uliich award, your father and yoa
Hugh were found in the court without warrant i
and you Hugh, as you returned into the kin^
doni, feloniously spoiled and robbed two do«
mauds (merchant- ships so called) of goods lor
the value of forty thousand pounds. Hugh, after
this felony, you came to the king and caused
him to go with force against the peers of the
realm, nnd otiier hi'* liege people, to destroy
nnd disherit them, contrarv to the Great Char^
ter : nnd nUo taking upon ynu roynl power, yoa
Hugh iind yniii* a^sI«>tants, with force and armip
robbed tVhniiou^ly the iiOi)d people of thff
realm ; a!>d by Andrew Harleve, and other tran
tors your a<!ht'rents, murdered the good earl of
llcTf lord. M. William Sulke, and M. linger d6
j licrfi'lde :at n.>rougli-bridgc; and caused tube
r liken my !n.)^i hi)nourable lord Thomas the good
carl <n" L:mi':ir«rer, and caus«.'d him to l»e judged
by a ti'.Nc rei;ord. a>:ain>t law, reason, and tlie
rjrcai (. li:'.it(-r, aixl also to be murdered, mar-
tyred, and put to a cruel death. Al»o in the
same maid: (in the French, * journey') to Do*
roi:ii;li-lrii>:e. \<mi caused manv of mv lord's (tbs
eail of l^mcastcr) banms nnd knights to km
draw n and hangcu, by faUe record against law
57)
STATE TRIALS, 15 Edward II. 1320.— the Despenccrs.
[38
nd remsoHy and caused other great men to be
pot ID phiion and miirderefl to (lot their estates,
m Roger Mortimer the nephew and uncle^
Ua|h Audeley father and son, and the carl of
llemord. Uu|;h, after this destruction of the
BobiiitT, you Ilugh, your fatlicr, and Robert
Bilducky usurping royal power over tlie king,
M him and nis people into Scotland ngainst
Micnfmiesy wliere you Hugh by your traitcroas
ciaduct caused him to lose 20,000 of his peo-
pk,ie his great dislionour, and damage of the
io^ and to return witliout doing any thing. —
haf^ this treason nor this tyranny would rn-
tafie you, until by royal power gained over the
hag, you destroyed the franchises of Holy
Charchand the prelates, as the bishops of Hcrc-
M, Lincoln, and Norwich, taking their goods
oat of their churches : and wherca^t you knew
God had done great things by my lord (the earl
«f Lancaster) you caused to' be murdered, you
yhced armed guards, and shut the church-
doors, that none should enter to honour God
■id hh Saints. Tlugh, after these mischiefs,
jaa advised the king to give unto the false trai-
iKtbc earl of Winchester, i\ndrew Harkley,
■diclf, lands properly belonging to the crown,
■ disheris'^n thereof, flugh, whereas the queen
ttd her son passed beyond sea by the king's
cnmand to sare the country of Guyen, in
pcint to be lost by your traitcrous counsel, you
mt over ■ %T€VLt sum of money to some of
jocr wicked adtierents, to destroy the queen
md ber si>n, (q^csi droit heir del realm) who is
ij|te heir of the kingdom, and to hinder their
Oi'eing over. Hugh, your father, Robert Dal-
i<i.and self, and other false traitors your ad-
lereaa, takini; upon you royal power, n?adc
{nxan>l siuall by force to swear to, and assure
}|«,V> maintain yon in your false quurrels or
ymncts (en voui faux (juereUx) not having
ii|^ thiit such confederacies were fuUc and
vtMimoAf against Icgience and the stnte of the
ka^aad his crown. And forasmuch as you
iii|k,and other traitors, knetv that the qnecn
■d her son weve nrrrred in the nation, by your
fn« counsel ynu caused the king to uithdraw
(If, and %o l':iim them, and carried him out
tf ifac kingririm, to the danger of his body, and
iriiOBaur to him and his people, felon iou»ly
■siagwirh you the ircafure of the realm, con-
iVT to the OreiLt Charter.— 'IIu>:ii, you are
kaad traitor, ul^ereforc all the f;o<)d peuple of
^ kingdom, crcnt and small, rich and poor,
V OiBimon assent, <lo award, That you are
fcadaa a tbicf^ uiid thcreforw kliall be hanged ;
and are found as a traitor, and therefore shall
he drawn and (|uartered ; and for that you have
been outlawed by thc; king, and by commou
assent, and returned to the court without war-
rant, yon shall he beheaded (vdus serrez dccoi^
itz) and fur tl>at you abetted and ])rocurcd
discord between the king and queen, and otliers
of the realm, you shall he emboMcUcd, and
your bowels burnt. Withdraw, traitor, tyrant,
and so go take your judgment, attainted wicked
traitor/'
He was at this time carl of Gloucester ; and
no trial by common jury, or his peers appears;
and the attaint was only this speech made
agiitnst him, and mo^t of wliat was objected to
him had been pardoned by act of rarliamcnt.
On the 24th of Nov. he was drawn and hanged
upon a gallows 50 feet high, and then quartered,
and his liead fixed upon London-bridge. Those
who brought him to thc queen bad for their
reward 2000/. as she had promised.
The nnnullment of thc Exile and Disherison
of the Despensers, 15 Edw. 2. was made void
in parliament, 1 Edw. 3. Anil afterwards in the
parliament summoned 31 Ud. 2, Thomas le
Despenser petitioned the king in full parlia-
ment, reciting the petitions of ilugh the father,
and Hugh the son, to thc king in full parlia-
ment hdlden at York three weeks after Easter,
in the 15th year of Edward 2. — In which par-
liament thc Exile and Disherison of both were
annulled for these Reasons : Isr, they were
not appealed, or called to answer, nor due pro*
cess made against them according to law. 2nd,
iiecausc thc prelates who were peers of the
realm did not consent to the exile and dishe-
rison. Srd, Because it was against Magna
Chartn, that any man should be exiled or tried,
orothcrways dcstrojecl, without jud;:ment of
hi<^ peers. This ndnnllation was afterwards made
void, in 1 Edw. G. lie prayed that statute might
be made void, and all thc articles and things cim-
tained in it, for the reasons ahovi'>aid. — And
hereupon the king caused the prelates, dukes,
barons and commons, bummoned to his parlia-
ment, to bo diligently examined, what they
thought, whether thc smtnte of Ed ward 3, was
defeabahle.^ Who upon gocid dt'liberation said
it wn*, for thc causes before expresbcd; also
considering that the repeal made by king Ed-
ward 3 nas at such tune as his lather Ed-
ward 2 was livinf!, being very king, and in pri-
son, that he could not. resist the same.— And
accoidini^lv thc fame was made void.
39]
STATE TRIALS, 15 Edwaid II. 1322 Proceedings ggainsi the
[40
5.
Proceedings against Adam de Orletox, Bishop of Hereford,
for Treason, 16 FaIw. II. a. d. 1323. U Cobb. Pari. Hist. 77.
2 Brady's Hist. 147- Claus. 1 Edw. HI. p. 1. M. 13.]
In the parliament summoned to meet nt
London tlic beginning of Lent 1523, Adam
do Orleton, or I'orlcton, bishop of Hereford,
was nrreaied of high treason, and wns examined
before the king and lurdi, fin divers Articles.
It was laid to his charge, ' That he had en-
tertained certain of the king's enemies, hud ap-
peared in the field with them, had furnished
them with arms, and had given them his assist-
ance, favour, and advice/ The bishop being
a shrewd and leiirned man, said little at Hrst to
this accusation, but being further urged, he
answered, ' My lurd the king, saving all due
reverence to jour majesty, I being an humble
minister of God*s church, and a consecrated
bishop, though unworthy, ou*:lit not to ansv^er
such high matters withuut the licence and au-
thority nf my lord the archbishop, of Canter-
bury, who next to the pope is my proper judge ;
as also with the consent of the le-^t of my
fc'llov. -bishops/ The archbishop of (Canterbury
with his sutTragans, rising up, implored tiit*
kind's mercy for him ; and he was delivered to
the rustody of the archbishop till the king
•houid resolve when to snnimon him agiiin, to
ansMcr to v\hat might be farther laid to his
charge. Soon after the king smnmoned him
again to answer in his court of jn^tire, which
tb«^ ar('libi«liops, ^c. hearing of, they came in
great lomi, with their crosses, and took Jiim
avvai frnni the bar, threatening to excommu-
nicate ail that wiihsroo'l them. Upon which
Kdwurd caused u bill of indicimcnc to be pre-
ferred against him to the grand jury of Hereford-
shire, which being found, the kin^ immcdiatelj
seized on all his temporal possessions.
The rec«)rd by which he was restored to hii
temporalities in the 1st of Edward 3, reciting
the record rd'his trial in the country, gives a
more particular account of liis crimciS, and in-
forms us, That by inquisition taken at Hcrre-
ford hefoic the justices of the KingVIiench, it
was presented, *That Adam bishop of Hereford
was of the confederacy of Roger dc Mortimer
of Wigmore, %vho was then reputed an enemy
and rebel to the king bis father, and that he
sent certain men nt arms to his assistance ;
and then being accused for these things before
the justices, and iiis father, he alleged, that
without otfending God, and holy church, and
without leave of the pope, he could not, or
tniglit to answer, nor ought the justices to pro*
cecd to take the inquisition ; nnd though the
hi<>hop submitted not to the inquisition, yit the
justice.s went on, and for that it was found by
that inquisition that the bishop was of the con-
federacy of the said Uoger, and sent to hit
n*tsistunce men at arms : it was adjudged bj
the justices, he should as convict reniain in the
custody of the archbishop of Canterbury, and
that his lands and tenetnents, goods, and chat-
tels, should be seized into the knig*s hands, aud
remained so seized, until the date of this
record, by which they were restored. Witiien
the king at Westminster, tlie 16th of Febniaiy,
in the 1st of his reign.'
6. Proceedings against Thomas Earl of Laxcaster. for Treason,
\5 F.dw. n'. A. D. 13122, 1 Edvv. HI. A. D. 1327. [Pari. H,
E. S. p. 1. M. 17. Stat, 1. Edw. HI.]
Thomas earl of I^nrastor, first consin of
king Edward 2, had Ikmmi one of the rliief op-
pose rs of that king's misgoviTnnunt, and his
fa\iim-ite^ (i»\cston and the Despenccrs. He
reperteflly t.iok op arms ngtiinst tii;* king, and
lioally, in 1;i-i'2, was taken at l]i>r()n«ihbii(igr,
ami bi-i>i4im])CiichedofTiesuson,^:c. bri'ore tiie
kin:; t '/ontilVatt, whs ser.leacc-ii to bo drawn,
ban:: I u i tu'la-ndt K bur by the favour of tlu'
kin^: w .N "ulv reliej 'vA.
I'v tin* s nui.' .Tuil^riicnt, wrA f t tho s:nie
cri-i'es, .-kUtr- rvt\ l\u >v b;ui»';>, Warin l,i-!r-,\\ il-
liioi lt>k. t, 'I hinoa-. Maii(ht.i, H'.nrv •!«* Brad-
born. ^ViIll.llll rit/-\Villi,';:u, Willin'u L-l.cyiiy,
.1* IV CiiiVord, .h)\\i\ c!o .Mowlsriv, Goci'lin
I • 0' m il , Mfury T« ve«-, and Ti'irtholoincw de
li ' '• i \vlu» was iieiie:ulsd at Canterbnrv,
onlv u^gcr du Dtiiuury died of hii natural
death.
Tn the first parliament of Edward S, the
.lud;:meut against the earl of Lancaster wat re-
venM'd, as appears by the following Record :
** 'i'hc king, to all to whom, 6cc. Greeting.
We ha\e insperted the rcconls and proceedingi
had in our last parliami>nr calleil at West-
minster, in tho'r words: Henry of Lancaster,
broth(T and heir of Thomas, funnerly eari of
r^nc:i<>ter, came to this parliament, and e\hi«
lijted bi'iori' the lord the king himself, rtie no*
bUs, and ^reat men of the kingdom, and the
coiiiiril of the snid hird the king there then be-
in/, a rcvrrtm Petition in these words: • To our
lonl ilir^ Ling and his conned prnyoth llenrj of
J.iiML-aMcr, bn>tiii*r and heir of Thomas hereto-
f )rc carl of I^ncaster, That wlicrcas tlie nid
Thomas was f^irmerly, before the lord Edwaid.
heretofore king of England, futber of ow i
the king, thntvow Ug •adfancMUiQiL ■»]
♦I] STATE TRIALS, 15 Edward II. 1322.— Earl qf Lancaster for Treason. [i2
I
tefract, in the 15th jear of liis reign, uiirea-
iufial>lv adjudged to deiith by uii erntneou'i
prucerding Ht»iiiii!»t hiiu at thlit time* li:id| by
nruon oi wliich judgment he was [^ut to Heath,
iml, m coii»equence oF the same juiigiiieiit, )ii.>
hetr» wereilibinhcrited, the record auii urDceed-
inp wlieietit are in Chancery, it wtiuld |rleiise
owlord the king M commaiid tlie CJianceiltir
tkiC ^^e »h<iuld cause the record anci pioceediiigs
i^cbe atoresaiii judgment to lie brou(i>Iit hither
■bparhumeiic, nud th.it tlscy be recited and e\-
mmtdf I » the end, thuc if any error be therein,
the Mine lOHy be duly redressed, and riizht in
ibepTLiiiiwa done tu thr said Henry, as brother
and lieir of the said earl, and his inlieritHnce
dthvend tn hiin.' In consideration of which
Petition, it was coimnanded to the Chancellor
by the Kiid lord the kiiii!, that iiaving examined
the RolLs III' the year al6re«!»:iid of the lord king
Kdmird, f.ithiT of the lord the now kin;;, in his
Chancery, he should cause the record and pro-
etcdiiigs af-rresaid to be broncht hither into
^riiauicni, &c. which said chancellor after-
wards brought biilier the record and proceed-
ings albresMid in these words : *' Pleas of the
Cruwn uf the turd king Edward, son of tlic lord
king Edward, held in the presence of the said
loid Che king, ot Po..tefnict, on Monday next
after the feaht of the Annunciation of the
bdcued Vir^n Mary, in the 16th year of his
rbKn. Whereas Tiionios eurl of I^ncaster
waft taken, and for treasons, homicides, Imrn-
m^ depredations and divers other felonies
Vnogiit before the said lord tlie king, in the
pmence of Kdniund earl of Kent, John earl
of Riclixnond, Adonier ui' V'alence carl of Penn-
bioke, John de Warren earl of Surrey, Edmund
nn of Anindel, David e:irl uf Athol, Kohert
rul Ihnejeos, the Barons, and other great men
of ti)t kingdom : The lord the king causes it
tokr rtc<jni«.d, that the said Thomas, being a
/■rstflKin uf the said lord tlie king, came to
Ayrt<>n-upon-Trent, together with Humphrey
i«ei»iLuii, late earl of llereionl, a traitor to the
itizand kingdom, fiiund in war against the lord
li*** ki:iv, %\it!i ljuiinersdis|)hiyfd, at T>i>ron^'h-
irii''^f, and there slain ; and Uoi^cr Daniory,
aoi..\irU'd tniitor, and other iniitors and ciie-
aues to the king and kinirdom, wiili hanncr<«
d.»pki\i,'«l, so tlutt in war he ho^tilely, for tiiiec
s>'(<'e»M%'e davs, resisted the lord tlie kin^,
Um peof Jc anil attendants, and prevented them
|^»«9Jng the bridge of the said town of Burton,
■« ikey should have done, and then ffloniously
iknr sMnie oi'the men of the said lord the kin^,
ky rcaMM whci'eof the said lord the king, in
bidir to n* press the aforesaid mahre and re-
«i)Unce of ilic said earl and olliers, and for tlie
■aiaifuadce of the peace and tranquillity of
ka kingdom and people, and of the ri;;lits ot
kii royal cruwn, and for tlie repelling and re-
living <if the aforesaid force so stditi<>u:sly
nUecud, to light elscnheii; n pasMige over the
nttrTreiiC, and from thence powoi fully rode
ipmiK thr said carl and others, and thcaiiitc-
a4 «Brl ThoipaB taking nuiice of this, togctlur
IMlb Ihl <lll«0r tnutori aforesaid, -.m a iruiior
and enemy to tlie king and kingdom, set fire to
the town of Burton aforesaid, and feloniously
but ned pari uf i he houses and goods of the
same town ; and al'tiT that the said earl with
the other traitors aforesaid, vtent out of the
said town to the plain thereto adjoining, with
banners displayed, and hostilely disposed his
military forces to light against the said lord the
king, against his homage, fealiy, and allegiance,
by which he was bound to the said lord the
king, awaiiing on the same plain the approach
of the lord the king, arid thereupon when the
said earl Thomas observed that the said lord
was coming and drew near to him with a great
power, the said earl Thomas, together with all
the other traitors aforesaid, in confusion be-
took himself to flight and lied, and in such
(light, while the lord the king pursued them
«vith a great fiirce, committed divers depreda-
tions and robberies, until the said earl'Inoinas
tovethor with the irair(»rs aforesaid, with arms
and horses and banners displayed, came to
Boroughbridge, where in support uf the lord
the king were certain faitiiful subjects of
the lord the king, having full authority from
the lord the king to resist in all ways and by
all means in their power, the enemies and
traitors to the lord the king, and the aforesaid
earl Thoma«, together with the other traitors
with horses and anns, and banners displayed,
hostiltly made an attack upon the atoresaid
faithful subjects of the lord the king there be-
ing, and feloniously slew some of them and
fouuht against theni, until the said earl Thomas,
together with the other traitors aforesaid, was
routed and taken, and some of those traitors
were taken, and some were slain, and some
took to ilight ; and so 'here remained as to the
said carl '1 homus, no doubt but that he together
with his other traitors, u ishcd to get the better
of and to conquer the same loid the king. All
which treasons, homicides, burnings, depreda-
tions, and hostile titihtings, with horses and
arms and banners di^played, are manifest and
notoritMis, and knov\ii to the earls, burcns, and
other great men, and to the people of the
kingdom; and therefore it was a<ljnd^ed that
tlie saifl earl Thomas for the treason aforesaid
should be drawn, and for the homicides, depre-
dations, burnings, and robberies atbrcsaid,
should be hanged, and for the [otfences com-
mitted in the] flight aforesaid, on this behalf
should be beheaded. And more than this, al-
thongiithe aforesaid tail Thomas in time past,
wickedly and maliciously against his homage,
fealty, and allegiance, ot'ten conducted and be-
haved himself ill towards the lord the king, to
wir. Whereas the lord the king hud at Newcastle
upon Tyne, victuals, horses, and armour, jeweli,
and div( rs other goods to a great quaiiLity and
value, which goods the said earl Thomas, with
horses and arms, and a great mnllitudeof arm-
ed men, took, stole, and c'irried away, \% hose
said stealing and trespass the lord the king, of
his special {;race, i emitted and panlomrl to the
said eurl Thomas, and the other olVendcrs in
the said stealing, in the hope of bringii^g the
43]
STATE TRIALS, 15 Edward II. Ii22.— Proceeding agmiul the
[W
taid enrl ThomsiB to a better way of thinking.
And nioreoTcr the nfore^nid earl Thomas, having
collected to himself divers men with an armed
force, came to dltVoreiit parliaments of the lord
the king, and otleniimes iiindrcd ttio same lord
the king from holdin;^ parliaments, ns it per-
tained to him and to his crown tu hold them,
nnd oftentimes took no heed to attend such
parliaments according to the connnandsof lue
lord tlie kin<i, hut coiiteniptiiuiisly disobeyed
the &amr, and nUo often held diirL-renr, lai^iM*
and smaller, illegal inectinirs ai;:«inst the lord
tlie kin^ in ditfercnt places, end ai;ainyt Uie
prohibition of ihelord the kiri;j;. Also, whcrejs
many oft'enders and disturl>ers ot* the peace of
the lord the king, whom the said earl Thumas
hud drawn to him and got together, had com-
mitted homicides, thefts, and divers other felo-
nies, by means whereof they deserved to re-
ceive judgment of death ; and the said earl
Thomas in like manner, accorrling to the law
and custom of the realm, desenxd to receive
judgment of death for supporting and harbour-
ing the said oll'cndcrs : AUo, whereas earl
Tiiomas afterwards coming, wiiii n great multi-
tude of armed men, to the parliament of the
lord the king, held aiYork, prevailed on the lonl
the king to remit the prosecution on account of
the breach of his peace, against the said eai4
I'homas and the olTenders aforesaid, to the
number of about a thousand persons, notwith-
standing the s:iid earl Thomas had before that
time sworn to the observance of certain ordi-
nances that the lord the king should not remit a
pros€^cution for breach of his peace in cases of
this sort, arising out of the death of a man : a-Uso,
tvhcrcas the said lord the king, in order to
bring the said carl Hionias to a good course, as
is before said, had vohintarilv, at various times,
given to hirn, who, with all liis* might was act-
ing in opposition to the lord the king, divers
large gifts of tlie lands and franchises of his
king could not, in obedience to his command,
come to York to be near the said kird tb«
king : And whereas the lord the king had re*
move<l fiom the neighbourhood of York to*
wnrdii the south, and had proceeded with bis
iijUowers near to Pontefract, the said earl
Thomas and his people came out of tlie afore-
•^uid easilo, and to insult the lord the king, most
basely and contemptuously shouted agamst tha
lord the king with a great tumult, to the jgreat
cuntcmpt of the said lord the king, as if the
lord the king had been their enemy, and not
their king and lord : AIso^ whereas the said eail
'I'hoinus, together with the aforesaid earl of
Hcrefoi'd, and the other tr.utors conspiring with
him, endeavoured to obtain nnd etlcctncon-i
federacy and alliance with Robert de Brus^
Thomiis llandolf, James Douglas, and oclier
Seotsiiien, enemies of tlie lord the king and of
the kingdom, concerning the manner and furn
of which confederacy and alliance certain
indenture was found upun tlie said earl of
Hereford when he was slain as aforesaid, ia
these words : ' The credenti:U which John de
Denuni is to commuiiicate to Robert, king of
Scotland, and to Monsieur Thomas Ranmlfy
earl of Murryf, steward of Scotland, and to
monsieur James Douglas, or to which ever of
them shall be first met with by the carl of Lan-
caster, nnd enrl of Hereford, and tlieir allies;
that is to say, that the said king of Scotland.
and the said' earl of Murryf, the steward, and
monsieur James with their forces, shall coni
to the said carls of Lancaster and of Herefonlp
and their allies, as soon as they shall be fortified
in any nluce, where the whole may be Able 10
assemble toaethcr, and will to the utmost of
their power liarm all those whom the eadi of
Lancaster and Hereford, and their allies, wish
to be liarined, and save from harm all those
whom they wish to have saved ; and also will
come to the said carls of Lancaster and of
demesne, and by his charters had granted to : Heix'ford in all places where they nmy wish tint
the said earl Thomas certain gifts, ditfeivnt thev should come in England, in WideH, and in
favours and pardons ; nevertheless the same
Earl, alvvays persisting in his evil doings, with
all his might stood fi)rwnrd rebellious and di«i-
obedicnt to the lord the king: Also, the said
earl Thomas sent to the city of York certain
knights of his family in order to draw the com-
monalty of tint riry, and the custody ihcroof
into the liaiuls of the •>aiil Karl ; and aho the
said carl i'lioma*., in d liferent manners, usurptnl
to hiiuscif, and sirov*.' to iisiirf) kintily power lo
the di^l^.hclison, «ii f.ir as in him lay, of the
lord the king in this respect : Ako, vihercas the
loi-d tl.o king, beinc: liitcly at Yfnk, had rom-
uimdcd divers gie;a men, and others of the
kiti''<1om, with whc^!a he was do^inms to con-
suit, tliit they ^houi-.i cm-.-.c to York, to treat
concci'iii'.jg the joiirncv of tlm said lord the
kii:;; in;'» parrs of Scorl.'.nd, the said eat I Tho.
ihen bcl--.;: in his r:>i!c at I*oi;ufract with a
^reat nuiitiliiiK' ut u:i;'io.l nsc'T, sent his people
to obstruct tlKirpa:5:.'4e in the iK-ighbonrhoodof
l\>iitefract, tis well an hi:; the roads as ovfr t!ie
bridges, whtrihy ihc L^unstllou of tlie lord the
Ireland, and with them live and die in main-
tenance of their quarrel, <:iving any claim, con-
qne'^t, or lordship in the said land^ of Eiislaiid,
of Wales, and Ireland. And tJic said kmg of
SrotlaiicK and (ho said earl of Murryf, tlie ste-
ward, and inunsienr Jame<i, for themselves ami
their ibrees, will engage to do tliis thing, or if
the said king of Scotland should be himsdf lit
flicted by sickness, or by otlier great impede
UK nt, w)i(-rehy ho should not be able to come
in his r>wii per-^on, then in ca.se the afbreaaid
earl of Miii'ryf, tlie <4tewanl, nnd monsieur
.laiiU's. with tiK-ir power aforesaid, make good
and pti-fnrni what is above siiid, the said earli
of LiMicasler nnd of IIereft)rd, and their alliea^
wcMiM engage that il:ey woukl never in aid oi
the Kin<: of England, invade them; and when*
ever tin- earls <if Lancaster and of Heicfoid^
and their allies, have finislied tlieir
they will siii(H?rely exert riiemaeives Ifatt-a
IM'aec m:iy be made betiveen Clip
of England and SooHand- tl^
power, to the end-^
43] STATE TWALS, 15 Eoward IT. \i22.^Eail of Lcmcaster for Treason. [46
liod of Scotland ns peaceably ns they t)ieir*s in I
Enclaiid/ — And tiiiHliy, wlicrcns tlie Atbi'esnul
(raiton, adhering to the same earl llioiiins, had
Utciy, frith his umiy with ibrce and unns, eii-
icKd the lord the king's castle and town of
TtkiaCer, and a^initt tlie >%iU of the lord the
\am, oi.x:upied the saiue castle and town : and
timand at Brideemirth had cnnnnitted depre-
Aic»n«, huniing«, and lioniirides, and ulher
crimn ; and the sanic traitors, foariiif; the near
ipprMch of the lord the king to tliciny ({uitted
die Aid cafttle and town of (Uoster, and from
tauce betaking tliemselvca to flight, liasteiied
to tbe said earl Tlionias as their principal rc-
fiife and chief maintenance, which said earl
llunias notorioii!ilv nianife>ting his tretison and
BBamtenance in tliat respect, received those
kb ieUoir-tniitors, and joined himself to them
^ the purpose of caming on hostilities against
the iora the king, and exciting war in the king-
Am as is aii)rt-!»aid, and sent his own people,
iDcether with his ffllow-traitors afores:iid, to
hoiege tlie lord tlie king's castle of Tykhill ; and
ibo sent in enginc^s for throwing large stones
■pOD the aforesaid castle and upf>n tlie men
mnvin being on the part of the loni the kini: ;
»iiich traitors moreover besic^ged the yaid c:i>lie
fiv three weeks, cimtinualiy making ass:iult%
lad carr\'in>4 on hostilitiec a!::tinst the saiiip,
ud there blew some of the lord the king's n)en ;
md afterwards tlie afi>resaid earl Thonuis, linv-
■C pCTpetratec I the aforcsairl iiiir|uitics, eriiiKs,
■Mio6enceSy fled, forcing his way towanU tlte
Bid Scottish enemies of tlie lonl tlie king and
tickiiiplooi, until he came to Jhiroughhridgc
aAxvsad, where he wn» taken as nfiircsaiil ;
^'l*n4we the Inrd the king, having n jarcl to
^ASnat cringes and iiiir|uilies of the s'>i<l
cvi 'Haiii:!!', and his iuo>t Lnl^•s ingratitudi-,
lud) nomM>ri to shew nny favour in the pi''j->
Di^ (0 the Kiid earrrh(Mn:is, by panloning any
•rf rf« af)«- nd |in!ii^iimtnts adjndgr':! a^aiii'^t
^; nrvtrtlieh— ', becan*-!' the snid carl Thomas
•• cevTMided >»f an excellent anrl nio>t nnliio
pfvfltage, the lord tl.c king, from res|.'ect t«i
tht»ii4pare!itu«^e, of hi> s|u'cialf;i\oiirremii'j lo
ifce iri9resaid enrl Thonui-i the execution of t".o
Kthe pont-hinents arijudged r.s i> aiorcMiiri ;
to nit, tint the *aid enrl Thomiis be not drawn
t*]f h-jn;red; but that, upon the said earl
T^irnas etenition alone be done, that he be I e-
^M." And npon this titf* afori-said recorrl and
prore^dins hs'Aing lw.'en recited and reail in the
pw^t-ace of ilie bird the king, and of the noMts
'Ad !?rfrat iniri of the kingdom, here in parlia-
B*r?, &c. iHring, it wjs demanded of the aforo-
■isd llenni, f<»r what reason he rauscd the
Af**uid reroni and proreeding to cnnw hithrr,
•b» ivi\hy That lie i^ brother and heir of the
ifcrnaid Earl, and he cau^efl the ri'cord and
pnoeeding aforesaid to conn* hither, on arc ount
tfciPTn occurring in tlie siune lecord anil \*i(>-
Bf arhicli lie pnivs may be com-cted, iVc.
n told to shew the errors, ^c. who say^,
'*«« ■ «fn>r in this, that e\-ery lieee man
^** tttcn ap m tin^e of peace
*" rabbcno, burnings.
and other felonies, into whate^'er court of the
king he slrall he bronght, concerning such sedi-
tions and other felonies laid to his charge,
ought, by^he law and cu<<tom of the reahn, to
be arraigned and piii to answer, and tliereof
by law to be convicunl before he should be ad-
iudged to die ; although the aforesaid carl
Thoma«i, a liegeman of the aforesiiid lord tke
king*s fat her, ^c. wa^ taken up in time of peace,
anil brought before the same lord the king, tho
said lord the kingV father, &o. cansefl it to be
recorded, that the same Thomas was guilty of
the seditions and felonies in the said record and
proceeding contained, without this, that he
thereof arraigned him, or put him to answer, ai
is the custom acconling to hiw, 6:c. and so,
without arraii:nment and answer, the said
Thoimis erroneon>Iv and against the law of the
land, in time of peace, was sentenced to death;
by renson wher*'«if, he<*aus<» it is notorious and
manife>t that the whole time in wliich it was
changed against the said E:irl, that he com-
mitted the aforesaid olVences and crimes in the
aforesaid record and pniceeding cont -lined, and
aKo the time when he wiis taken, and when the
said lord the kinu*s father, \'c. caused it to lie
rccor<led that he was uniltv, and when he was
sentenced to dentli, ^^:l^ time of peace; in par-
ticular because, thronrirout the v. hole tim«
uii)reaaid, the chain er\ and other placi>s of the
courts of the lord the king were open, and in
theai law ^^as doni' to every one as it used to
he done, imr did ll.e same lord the kill" ever in
that tune ri«ii* forth with banners di«iphiyefl ;
the a (ore-. lid loni the king's talher, &c. ought
iu)t. in Mich lime of peace, tf» have caur>ed such
ive »rd lo be iinide ag:iin>l the^aid Karl, nor to
};:>.\e .■?e:it"iK'ed hiin to det'.tli, without arrai'ju-
11, •■'•r ii'ifl ;'iis\\irr : AUo, he says, tlr.it there is
trror in lhi<, that whereas the aforesaid e:iil
Th.-'iiuib wa^ one td'the peers and ureat men of
thi> lvingd'u:i, and in the (Jreat Charter of the
Lihertie?} ol' I'aighmd it ir> contiiined, that no
frLi'-m.in *>li:ill Ik t:ikeii, imprisoned, ordi^seised
of l;i^ fret h' lid or fraufhivs, or his free eu^ll/m<«,
or ouria^^(•l!, or b:ini*>hed, or in any manner
de>ti*o\(.d, nor ^lKtti tl.e lord the kinir, bv him-
.^elf or others, pror«>ed against him, but ov the
la^^ful judgment (d' lii«i peers, or by the law of
the land, the afn repaid earl Thomas wsls bv the
record of the lonl the kiii«: as albresaid, in
time of pea<'e, erroiU'oa**ly »enti;nced to death
without arraignment or answer, or the lawful
jmlgment of his peers, :igMin>t tlu: law, \e. and
iigainst the tenor of tlse aforesaid Great Char-
ter ; Wherefore thai iht* errors aforesaid ma \
be corrected, anri the alijre>>:iid Judiimeiit an-
nulled, as erroiuMiN, ^e. aiiil that he, as bro-
ther and heir ol' tlie said Thomas, iiriy he ad-
mitted to his iiihfritanrt', i\e. ; and hecaiist?,
upon inspectiiiLi and more I'liily undiT^taiidiniXthe
rerord and piiM-eedmg al'ores.iid, it is, on acM:ount
of the afiire>«aid ernir.s, aii-1 others touitil in the
same record and procefihii'j, a<ljiid«4ed by the
sanie lord the king, the nol-lcs, great men, and
all the commonalty of the kiii«jdoni in the same
parliament^ that the aforesaid Judj;iueut ^vea
47]
STATE TRIALS, 20 Edward II. 1 327. —ProeeeeUnp ogaiiul
[«
■gainst the aforesaid earl Thomas he reversed
and annulled as bein)* erroneous ; and that the
aforesaid Hcnrv, as brother and heir of the same
earl Thomas, be admitted to claim and to have
his inlieritaiice by due proceeding in that behalf
to be had us is customary, and th;it he have
writs to the chancellor and justices, in whose
courts the said record and proceeding are en-
rolled, that they cause the same record and
proceeding to lie miide void and annulled, 5cc. ;
And we, for the greater security of the same
Henry, haye brouij^ht tlie aforesaid record and
proceeding to be exemplified :iccurding to tlie
tenor of tiieie presents. — In testunony, &c.
Witness the king at York tlie third day of
March."
7. Proceedings against King Edward II. 20 Edw. II. a. d. 1397-
[2 Brady's Hist. 161. Appendix to 2 Brady's Hist. 66. Claus.
20 Edwr. II. M. 3. Dors. M. 4. Dors.]
1 HE carl of Lancaster having taken king
Edward 2 prisoner, niude no ^reat haste with
him towards Kenelwortli, for in tiiirtcen (hiys
time iie was got no further from Monmouth
than Ledbury m Hereford ^lii re, at which place
the writ for proroguitig a parlinincnt that was
pretended to have been suniinoned by the king
Co meet fifteen days after St. Andrew, was
dated the 3d of December. Witness the king
at Le'lbury the iid of December. Tiie writ
for this parliament, which i\a5 to meet fifteen
days after St. Andrew, I believe can no where
be found, which was to be holJen by Isabel
queen-consort of Kn^^lnnd, and Edward his
eldest son, guardian of England, he then being
out of the kingdom, as it is said in the writ,
dated the 3d of December, 6cc. for proroguing
that parliament to the morrow of Epiphany, or
Twelfth-day; to be holdcn by him it personally
present, or in his absence by his said consort
and son. Out the miserable king knew nothing
of this summons dated at Ledbury on the 3d
of December, with his teste ; for the ^rcat
seal was that dny in the keeping of the bishop
of Norwich at Woodstock, and the luxt day
delivered to Hogcr Mortimer and the diikc of
Aqt:iran (i. e. Edward the king*b son) at the
same place.
The parliament (as it is called) mrl on the
7th of January: The fiist thing moved hv the
bishop of Hereford, and many other bishops
joinint; with him, waf. Whether king Edwnni
the father, or his son Edward, should rei^ii
over ihcm ? They wci*c uot long before they
agreed the son should have the governiuent of
tlie kingdom, and be crowned king, fur the
causes follow ini; :
'* 1. First, For that the |»irson of the king
was not butllcient to go\eni ; fir in till Lii time
he was led and governed by olhc•r•^, who gave
him evil conr.scl, to the di<>honour of himself,
find destructir>ii of holy church an 1 uli his peo-
ple, not considtring or knowii'.;; uiiriher it w:ts
rcilm. — S. Also, For want of good government
he lost the kingdom of Scotland, and other
lands and dominions in Gascoignc and Irelandf
which his father left him in peace and amity
with the king of France, and many other great
persons.— 4, Also, By his pride and cruelty ha
destroyed holy church, and the persons of hoi/
church, putting some in prison, and otliers in
distress ; and also put to shameful death, and
imprisoned, banished, and disherited many
great and noble men of the land. — 5. Alsc^
Whereas he was bound by his oath to do right
to all, he would not do it for his otvn profit, and
the covctonsnessof him and his evil coansellori
which were with him; neither regarded the
other points of the oath which he made at hit
coronation, as he was obliged. — 6. Also, He
abandoned his realm, and did as much as he
could to destroy it and his people ; and whet
is worse, by his cruelty and the default of hit
person, he is found incorrigible without hopes
of amendment. All which things are so ooCO-
riotis, they cannot be gainsaid."
Those Articles were conceived and dictated
by John Stratford bishop of Winchester and
tnudnrcr of England, and «vritten by Williani
.Met's clerk, his ^ecretary and a public notary.
Ilavin.; M|iproved the Articles, they were hj
coniiO'io niireement sent to the king, then pn-
sont r ill Kenrlworth-casile, three bishops, tivo
eails two barons, two abbots, and two justices^
amongst wlmm was sir William Trusseil before
not(.Mi, Proxy to the whole parliament, to re-
sign th( ir iioiuHgc and fealty to the kinz, which
he did in this manner: '' I Wdliam TrusacU,
pnrcnrntor of the prelates, earls, and barons,
and oihor people in my procuracy named, bar-
ing for thi'tf t'ull and sullicient power, do resipi
and deliver up to yon Edward king of England,
as t(i tlic kin«; before this hour, the hiiinage
and fealty of the persons in my procuracy
named, an.l do return them upon you Eilward,
and nnk(> quit or fri'o the persons aforesaid, in
i;ood or evil; nor wouM rcmeiiv ihcrc thin*:**, ; t!ic b(::il ni. inner that law and custom may do
*■■ 111* ■■" ■• I ' * m. t ^
vhon he was rrr]fiestitl by the grcit ami wise
men of hie rtalm, or '*!ir,':r ihem to he anifml-
cd. — 9. Also, In all lii>s \vwv. he would not give
himself to good counsel, n ir t.tko it, nor to the
good government of his kin-^doin; but always
gave himself to works and employments not
convenient, neglecting the busiuciis of his
It; and do make protc<>tntion in the name of
thovj th:it will not for the future be in your
fcniiy. or allegiance, nor clnim Co hold any-
tliiii>; of yon as kin<!, but shall hold yon af
private persim, withou; any manner '^
dignity.'* The ceremony endeH
Oiuiit^ the high steiranl^
«]
STATE TRIALS, 20 Edward U. 1327.— King Edward 11.
[50
and declaring all the kind's officers clj>chan;cd
iVom Li4 service ns thnu";!! be were rl.'ud. —
•Sir ThoiiiM de ia Moor teils u.s «vbo liic three
lilsKopa were ; John Sir«itfort, Lisitop of ^Vin-
ibcsier, Adain de Torteton, bishop orHeretbn),
aod Henry Burwa&h, bishop oi'Lincuhi : ibree
piocipad companions in transncting tliis aflair.
Tbe bishops of Winchebter and Lincoln came
befr>re tbe rest to tlie king, who wiih his keeper
tv e^irl uf Lancaster, persuaded liim to resign
Iccown to his sod, and circumvented the king,
pfnncising him as much honour after his resig-
Juiiun ma before; and on the other hand,
tcreatcned him if he would not, the people
i^rald yield up their homage and fealty, and re-
pociaie liis sons, and choose one not of royal
Uood. With tl)ese and other importune pro-
Biicf and threats, (hey obtained their desires.
And then the bishop of Hereford brought in nil
tke other commissioners, sent by tlie parliament,
mm ibe king's chamber, where the whole mat-
ter ihey came for was dispatched, not without
(neat grief and reluctancy from the king, who
mooned awaj.
Wabingham reports, all the nobility met at
TiMidnn, on the morrow of, or dn v after Twelfi h-
dn, in parliament, and judged the king unfit to
nle, and ibr several reasons to be deposed, and
hm SOB prince Edward to be chosen king. Of
nhith when the queen had notice, she was full
of^ief oatvardly. But the prince nlfccted with
ikiiantwani passion of his mother, would not
asopt the title against his Cither's will and con-
■iL The king, wlien lio received tliis nc^^-s hy
ikt eonmissionersi, was much tlisturhed, and
mimooe it could be no otherwise, he thanked
dea for choosing his Hrst bom son, makinc his
it^ipaKion, and deliv€riii<; up tbe royal ensigns
■id lokcM o£ suvercicnty. Tlie commUsFioiieri
MVB^ to the paiiiamcDt at London, witii
lie iai's answer and the royal ensigns, made
thenbUe rejoice; and presently the whole
CBBiaiaaity of the kuigdom admitted E'iward,
sjMtk of fourteen years of age, to be their kin»,
SB the SOth day of January, which thi'y would
ktc 10 be tbe first day of his reign-. And from
(bat time he acted aA king before liiy coronati ^n,
SI may appear by tlie writ to all the shcriifii of
Xn^did to proclaim his peace.^-^' The king to
the sheriff of Yorkshire, greeting : Because Ed-
«snl, late king of England, our father, by crim-
Rioa council and assent of the prelate*, earls,
Unas, and other great men, and also of the
caaaanitica oi' tlie said kingdom, of his own ;
fefe arill remoi'cH himself from the grjver.imont j
ififaesaid kingdom^ willing and cr.intin'j. 1'liat |
■e as Ufl first -Iiorn and teir of tiie k:r.L'di»rn«
iUaid take upon us the rule anH v»\t ri.:i:c-n: :
And we yielding to the i^ood pleasure of our
father, by the cduuscI uod advi-icniLiit of the
prelates^ earl^, barons, great men, and commu-
nities aforesaid, have taken upon us the govern-
ment of the said kingdom, and received the ho-
mages and fciiities of the said prelates and great
men according to custom. Ihcrefore desiring;
our peace for the quiet and tranquillity of our
people to be invi'jlably obscrveJ, we command.
That presently after sight of thde presents, you
cause our peace publicly to be proclaimed
through your whole bailiwic, fiirbidding ull and
sin^mr, under the pain uf disinlieriring, and
losmg life and member, that they presune not
to infringe or violate our peace, but that all men
do prosecute their suits and actions without
violence, according to the laws and cusroms of
the land, &c. Witness the king at Westmin-
ster the 29th of January." — On tlie first of Fe-
bruary, being Sunday, he was crowncil.
The deposed king was for some time kept
prisoner in Kenelworth castle, not knowing
what was transacted. The nation observing
what had been done, seeing tlic queen engaged,
and the prince carried along with them, began
to be sensible of the king's condition, andfto
consider the pretences of iiis enemies, and to
think how they might be kind to him, and pre-
vent further mischief. His keeper also, the earl
of Lancaster, began to be every way obliging to
him, much pitying and commiserating his deplo-
rable case. Many lords and others l>egan Vy
think how thev might deliver him out of capti-
'vity ; the notice, or rather suspicion thereof,
much startled Mortimer, tlie bishop of Herefonf,
the queen, nnd cliief actors in this tragedy, re-
flecting upon wh'.it they imd done, anti fcnriiii;
if the king *hould get his liberty they could iioL
be safe, or at le:ist their ilesi^ns muiit come to
nothing, and caubcd them to think ot' removing
him from Kenelworth, and appointing him new
keepers. They hurried him up and down the
nation, that it might not Ik; known wIktc he
was ; nnd at last brought him to Berkley castio
in Gloucestershire, where he whs iuliumanly
treated by his keepers, attempting to destroy
him by all wavi of horrid indignities, briirisfi
usngcs, and hcti)re uncontrived aiifl iinthou<»ht
of affronts : but h:iving been fru^trntrd in their
intentions, by his natural strength of body and
fortitude of mind, on the 22nd ot September, nt
night in his bed, they stifled and smoiherefl him,
with large and heavy bokters nnd pillow.n, nnd
put up a r^d-h<it iron, through a d'icii!-[>ir:«-,
mto his guts sir \.i^ fundiitn^'nt; iiri'i i:i this m^'-i
true' mnnnfr innrdftrcd liir-i, '.h:«: no v-oiin-i nr
mark of a violent d«tii:!i :: -tij.*. be i^ursd i.;.» i
51]
STATE TRIALS, 3 Edward III. 1 530.^ Proceedingi againtt
[52
8. Impeachment of Roger Mortimer, Earl of March, for Treason,
3id Edward III. a. d. 1330. [Knighton, Coll. 2556. Wal-
singham. 3 llapin, 419- 1 Cobb. Pari. Hist. 84.]
At the j»arliameiit assembled nt Westminster,
on tlie 13th of March, 1330, the fullowiiig Ar-
ticles of Iinpeacliiueiit truiishited from tlie
French original now on the Rolls in the Tower,
were exhibited ugainst Roger Mortimer, earl of
March: viz.
•• Tliese are the treasons, felonies, and niis-
cliiefs done to our lord the king, and his people,,
by Roger Mortimer, and otheis of liis company.
— Ibt. Whereas in the parUaiuent holden at
Wei>tininstcr next afler the king's coronation, it
was ordained, tliat four bishops, four earls, and
6ix barons should remain witli the king to advise
him, and thut !our should still be with Iiim, viz.
one biijihop, one carl, two barons at least, and
that no |>reat business should be done without
their asfcnt ; after which parliiuuent Uie said
llo^er not having regard to the said assent,
usurped to himself royal power, and the govern-
ment of the reahn, above tbe state of the king,
and put out and placed otiicers in the king*s
liouse, and otiterwhere throughout the kingdom
at his pleiusure, such us were of his party, and
fict John Wyward and others al>out the king, to
observe his actions and words; so as he was en •
compashe^l by his enemic^), that he could do nr>-
thing as be would, but only as a man under
guard or restraint. — 2nd. Wliereiis the king's
lather was at Kcnelwortii, by order and assent
of the peers of the land, to stay there for iiis ease,
and to be ser\cd as such a great person ought
to be ; the said Roger by his usurped power,
which he exercised over him at his pleasure,
ordered that he should be sent to Berkley
castle, where, by him and his confederates, he
was traiierouftly, feloniously, and falsely mur-
dered and killed. — 3rd. The said Roger by his
usurped royal power, forbad by the king*s writ
under the great seal, that any should come to
the parliament at Salisbury with force and arms,
under pain of forfeiting whatever they had to
the king; yitl thither he came with others of his
party with force and amis to the said parhament
contrary to the prohibition aforesaid ; where-
fore divers peers of the land^ as the earl of
J^ancabter and others, knowing the manner of
his coming, would not l»e there: and whereas
the prelates were assembled in one house, to
consult about (he busint*ss of the king and realm,
the said Roger broke open the doors of the said
huujtc nith armed men, upon the prelates, and
tlircatfucd them with life and member, if any
of iluM.i hhould be so hardy as to speak or do
any ihinu contrary to his pleasure in any point.
And in the same parliament by the said usurp-
ed po\^er, he caused the king to make him
earl of March, and to give him and his lieirs
K'venU lands in disherisim of the crown ; and
afierwards Uie Mud lioger, uod those of his
party, led the king armed against tbe said eari
of Lancaster, and other peers of the land, as
far iis Winchester, when they were coining Co
tiie parliament at Salisbury, so that tbe earl and
other peers, to avoid the evib that might bare
liappcned, out of regard to the king, departed
and went toward their own countries, grieving
that they could not speak with, or ndviie their
liege lord as they ought to do.---4th. The said
R/)ger, by the said usurped power, caused tha
king to march forcibly against the carl, and
other peers of the land, who were appointed
to be with the king, to advise him; and so
prosecuted them with force, that the said eari
and some others of his company, tlmt wished
well to the kingdom, submitted to the king^s
grace, saving to them life and member, and
tliat they might not be disinherited, nor hate
too great a tine set upon them ; yet he caused
them to l>e fined so grievously, that half their
lands, if sold outright, would only pay it ; and
others he caused to be driven out of the nap
tion, and tlieir lands to be seized, against the
form ofthe Great Charter, and law of tha land.
— 5th. Wliereas the said Roger knew well tha
kinc*s father was dead and buried, lie by othot
of his party in deceivable manner, infimntd
the carl of Kent that he was alii'e ; wherefim
the earl being desirous to know whether it was
so or not, used all the good ways he could ta>
discover the truth, and so long, till the laid
Roger by his usurped royal power, caused him
to be apprehended in the parliament hotdenat
Westminster and so pursued him, as in tlut pa^
liament he procured his death.— -6tb. The said
Roger, b}^ his usurped ro^al power, caused the
king to give to him and his children, and confix
derates, castles, towns, manors, and franchise!
in England, Ireland, and Wales, in decrease af
the revenues of the crown. — 7 th. The said Rofv
in deceivable manner caused the kniglita af
shires, at tlie parliament at Winchester, s»
grant to the king one man at arms out of eveiy
town of England, that answered in the coafC
of the Eyre by four luen, and the provost, (s. c.
the rie^e or bailiflfof the lord of tlie manor) tt»
serve at their own cost, for a year ip hb war
in Gascoigne; which charge he cootrived fcr
the advantage of himself and party, in dtunt
tion of the people. — 8th. The said Kn|^ry Igr
his said usurped royal power, caased suianioas
to be sent to many great knuhts and othma,
that they should come to the king wherever hm
was ; and when they came, he caned tbc^i la ^^
charged to prepare themseftvas to go iiil* C
coigne, or fine at -his ^easnra: mhi^
were for the benefit of aiia '
9th. The said Roger f^
made discord bctwif I
bS] STATE TRIALS, 3 Edward III. 1330,— Roger Mortimer, for D-eason, [54
b» queen; and possessed her, that if she went
to bim, she should certainly be killed with a
dagger, or otherwise murdered ; and by this
wajr, and his other subtleties, he so ordered it,
thst she would not come to her liege lord and
king, to the great dishonour of her son and self,
lod great damage of the whole realm per
douce io time to come, which God forbid. —
lOdb. The said Roger by bis said usurped royal
piter, had caused to be taken for him and his
pd|,tiie king^s treasure, as much as he pleased,
Hmt tale, in money and jewels, in de-
ilraction of the king, so that he had not where-
stiial Co pay for his victuals. — 11th. The said
Soger, hy the said usurped power, caused to
le shared between him and his confederates,
dK SO/XX) marks which came out of Scotland,
fer^e articled of peace, without any thing re-
eiifcA by the king.— ISth. The said Roger, by
b abovl£-inentioDed royal power, received the
king's duties and purveyance through the king-
dom, as if be had been king : and he and his
party bad with them double the company of
aen and* horse that were with the king, in de-
ftracdon of the people, not paying for their
qnartersany more than they themselves pleased.
— IStfa. The said Roger^ by his said royal
Bower caused the king to agree to the mount-
■g of 800 Irish chevaliers, or horse, being of
tkote that killed the great men of Ireland and
ethers, who were in the king's faith ; whereas the
kiog oo^t immediately to have revenged their
deaths, rather than pardoned them, contrary to
ihi statute and assent of parliament.— 14th.
lbs said Roger contrived to have destroyed
ihi Un|fs secret friends, in whom he had most
eonUcace ; and he surmised to the king, in the
frescaca of the queen his mother, the bishops
•f liaoDb and Salisbury, and others of his
eooadt tfcat his said secret friends had eicited
lam to combine with his (the said Roger's)
ascmies beyond sea, in destruction to the
queen his mother, and of him the said Roger ;
aod this be affirmed so impudently to the king,
An he could not be believed against what 1^
had said: and for these things and many
oiben, not as yet fit to be decmred, he had
keen apprehended; wherefore the king chained
die eans and barons, the peers of the land, as
dKse things concerned himself, themselves,
sad ail the people of the realm, to do right
vd true judgment upon him for the crimes
above written, as being notorious and known
to he trae, to themselves, and all the people
if tb» kingdom."
Tben the earls, barons, and peers, having ex-
imined these articles, came into parliament
before the king, and they all delivered their opi-
aioo, by one of their body, * that all things con-
tained in the said articles were notorious, and
koown to themselves, and all the people; where-
faie they, as judges in parliament by assent of
tke king did award and judge the said Roger
as a traitor and enemy to the king and king-
dom, to be drawn and hanged, and commanded
the earl marcsclinl to execute the judgment,
and the mayor, alHcnnen, and sherins of Lon-
don, with the constable of the Tower, and those
who had the guard of liim, to be aiding and
assisting with the earl mareschal at the execu-
tion ; which was performed accordingly on the
29th of November at a place then called the
Elms, and afterwards Tyburn.* — He was not
brought to ans%ver, but condemned without
hearing, and for tliat reason this Judgment was
reversed as erroneous, and made void by act
of parliament, and liis grandchild Roger restored
to his title and estate, 28 £d. 3.
The king, alio, in his parliament charged the
earls, barons and peers, to give right and true
judgment against Simon de Dcreford,kt. who had
been aiding and advising with Roger Morti-
mer in all ilie treasons, felonies, Sec. for which
he was afterwards adjudged to die, as was
notoriously known to the said peers; where*
upon they came before the king in parliament
and said all with one voice, ' that the said Simon
was not their peer, and tKcreforc they were not
bound to judge him as a peer of the land :'
but since it was a thing so notorious and known
to all, that he was advising, aiding and assist-
ing the said Roger in all the felonies, &c. afore-
said ; and that he was guilty of divers other fe-
lonies and robberies, and a principal maintainer
of robbers and felons ; they as peers aud judges
of parliament by assent of the king, do award
and adjudge him, as a traitor and enemy to the
king and realm, to be drawn and hanged ; and
the carl mareschal was commanded to do ex-
ecution ; which was done accordingly. But it
appears by the same parliament roll, that it was
then also declared, that though the lords and
peers in parliament had for this time, in the
king's presence, proceeded as judges to give
judgment upon those that were no peers ; yet
hereafter this should be no precedent to draw
them to give judgment on any other but their
peers, in case of treason or felony.
• " The eari of March left four sons, of
whom Edmund, his eldest, died in the flower of
his age, and left his son Roger, who was re-
stored to his grandfather's estates and honours.
The earl had also seven daughters, Katherine
wife of Thomas de Beauchamp, earl of War-
I wick; Joan married to James lord Audley;
Agnes to Lawrence de Hastings earl of Pem-
broke, Margaret to Thomas son and heir of
Maurice lord Berkley. Maude, to John son
and heir of John de Charleton lord Powis;
Blanche to Peter deGrandison; and Beatrix
first to Edward son and heir to Thomas of
Brotherton, carl marshal, son of Edward 2,
and afterwards to sir Thomas de Broose."
Dugdulc's Baron. 146.
55]
STATE TRIALS, 4 Edward lU. 1331 — Proceedings agamU
[50
9. Proceedings against Thomas de Berkele, for the Murder of
King Edward II. a.d. 1331. [Rot Pari. 4 Ed^¥. IlL
M. 16.]
Pleas of the crown held before the lord
king Kdward, the 3d since the conquest, in his
full parliament at Westminster on Monday
next after the feust of St. Kaiharine the virgin,
in the 4th year of llic reign of the same king
Kdward.
" Thonins de Berk ele, knight, comes before the
lord the kin^ in his full purliumcnt a«!;tinblcd,
and hcing spoken toconcc rnin;j;this,That where-
as the li>rd Edwaid Iatekli<gof rnulandyfalhcror
the lurd the now king, lau^ly uas in the custody
of the same Thomas, and of a certain John
Mautravers, hein^ delivered to be safely kept
in the castle of ttie same Thomas at Bcrkcle,
in the county of Gloccstcr, and, in the same
castle, in the custody of the same Thomas and
John, nas murdeied and killed, how lie would
acquit himself of the death of the same king?
lie bays That lie never was confenting to, as-
sisting tt), or procuring his death, nor did he
even know any thing of hi^ death, until that
preicnt parliament ; and of this he is ready to
acquit himself as the king's court shall adjudge.
—-And upon that it is enquired of him. Since he
is lord Gl the castle aforrsaid, and the said lord
the king was delivered into the custody of them,
Thomas and John, to be safely kept, and they
took and accepted the custody of the same
king, how he can excuse himself, that he should
not answer for the death of the same king ?
And the aforesaid Thomas says, That true it is
that he is lurd of the castle aforesaid, and that
lie together with John Mautravers, took the
custody of the same king, to keep him safely as
is aforesaid ; but he says, that at the time when
it is said that the said' lord the king was mur-
dered and killed, he himseff was detained at
Bradelye without the castle aforesaid, by such
and so great sickness, that he hath no recol-
lection of what happened. — And upon this it is
said to him. That smce he has acknowledged
that he, together with the said John, obtained
the custody of the said kin^ to keep him safely
as is aforesaid, and he placed keepers and ser-
vants under him, for such custody, can he by
any sickness excuse himself that he should not
answer in this respect? And ihe aforesaid
Thomas saysi That he placed under him such
keepers and servants in the castle aforesaid,
fur maintaining such custody, in whom he con-
fided :is in himself; and who together with the
aforesaid John Mautravers, had, by reason
tliereof, the custody of the same king ; Where*
fore he says. That concerning the death of the
same lord* the king, by assistance, assent, or
procurement of his death, he is in nothiiiK
guilty thereof; And as to this for good and bad
he puts himself upon the country ; — ^Therefiire
in this behalf let a jury come before the lord
the king in his parliament at Westminster, ia
8 days of St. Hilary next to be, &c : At which
day came the aforesaid Thomas before the lord
the king in his full parliament, and alsoa Jory,
to wit, John Darcy, John de Wysham, WiUiaia
de 'J'ru&sell, Roger de Swynnerton,ConHlantiiie
de Mortimer, John de ot. Pliilil>ert, Richard
de Rivers, I'eter Iluser, John de Dryuntoo,
Richard de la Revere, Roger de Dcbenhalep
and Richard de Croupes, all knights, who, oa.
their oath, say. That the nfuresaid Thoroat de
Bcrkcle is in nothing guilty of the death of
the aforesaid lord the king, father of the lord
the now king, nor of assenting to, assistiiig io,
or procuring his death : And they say. That M
the time of the death of the same lord king.
Edward, father of the lord the now king, ha
was aillicted with such a sickness at 3ra«lcl]fa|
without his castle aforesaid, that his life wai
dcspared of: Therefore the said Thooias ii
acquitted thereof. — And the jurors being asked
whether the said Thomas ever withdrew Ubh
self on the aforesaid occasion ? say, That hi did
not. — And because the aforesaid Tbomat placed
keepers and servants under him, to wit, Tboaaa'
de Gurney and William de Ocle, for the ciiMdy
of the said lord the king, by whom the Nid
lord the king was murdered and killed, tliefe-
fore, a day is given to him before tho lord the
king, now in his next parliament, to hear hie
Judgment, &c. And the aforesaid Thomas de
Berkele in the mean time is committed la
Ralph de Neville, steward of the household of
the lord the king, &c.*'
What was done further conccruiog thia
Thomas de Berkele I do not find, but jadg-
ment to be drawn, hanged, and beheaded, waaai
this same parliament given against Thmnas de
Gurney and William de Ocle, for the death e£
king Edward, father of the king that then wa%
That they falsely, and traiterously mnntiiad
him ; and he that could take Tbomat alive
was to have 100/. or bring his head, 100
marks ; he that could bring William Ode aim
was to have 100 marks^ or his head, 404
37] STATE TRIALS, U Edward III. U^l.—Straiford, Abp. qf Canicrlury, [5S
on
r's day ; about midnight tie arrived at
ik Towerp and next morning he sent for the
■chbiihop of Canterbury to Lambeth, but
fciad bim not there. lie also sent for the
kafaop of Chichester his chancellor, the bishop
if Lkbfield and Coventry lord treasurer, and
■feni others his great ttmcera, clerks of chan-
cery, and justices, and imprisoned them in the
Tawer, eaccpt the bishops, whom, says Robert
tf Avesbary, for fear of the Clementine Con-
ttalioa. That bishops ought not to be impri-
■Md, ha permitted to have tlieir liberty. On
the Sd of December, the arcli bishop went to
Cwtcrhary, and secured himself in his church,
m escape ftuare dangers. Thither the king
■M Niebolas de Cantelupc with letters of
That he would come to him to
where he might personally speak with
bat be came not, pretending some about
At kiqg had threatened to kill him. Yet
tkHgh M came not, he wrote to the king, and
■Jimiiliid him to take good advice, and make
■I of food mod wise counsellors, and to re^
SHahsr iluu by evil counsel bis father had,
SMnrr to the laws of the land and Magna
Ckats'fioiprisoned some great men and others,
'ithem to death, seized their ;;oods, or
Co grievous ransom : and what hap-
IB him for this cause, lie also put him m
, That by the circumspection and discretion
«f the prelates, the great and wise men of the
I, his own affairs had probpcred, so as he
the hearts of the people; and had met
assistance from tlie clergy and laity than
asf of his progenitors. But at present, by the
evil eouosel of sonne English and others, who
kited their own profit more than his honour,
•r the safety of the people, he had imprisoned
deAs and others, against the laws of the land,
ha CoroDation-oath, and against the Great
Ghvter; the infringers whereof were, by the
frdaies of England and the Pope's bull, which
m hid by liiro, excommunicated. Which
diogs he had done to the great danger of his
Mil, and detriment of his state and honour.
Be icils him, he had pronounced cxcommuni-
We all such about him that were favourers of
Ticsson, flatterers of, and imposed upon him ;
■M OS his spiritual father beseechcth him to hold
itaa as such, some of which by their sloth, and
*idMd scrrice and advice, lost Tuurnay. And
w^Bcsccd him to call tontber the prelates, great
■n. and pceia of the lend, to see and enquire
haoda the Wool, Moneys, and other
' I which tiaoe (he beginning
10. Proceedings against John Stuatford, Archbishop of Canter-
bury, for Treason, 14 Edw. III. a. d. 1341. [Rot. Pari. 14
Ed. III. 17 Ed. III. 2 Brady, 211. 1 Cobb. Par. Hist. 100.]
Is the year 1340, king Edw. 3, finding himself of the war had been grante<l to him for main-
faticescri for money to carry on his war in taining thereof; and by what means, and whose
Tiace, and thinking that those who had the default he lost Toumay ; and punish the ol^
ef his rerennes were in fault, suddenly fenders in all things according to law. And
from Ghent into England, on St. as to what concerned him, saving always the
estate of Holy Church, and his own order, he
was ready in all points to submit to the judg-
ment of his peers. This letter was dated at
Canterbury tiie tirst of January. — In the same
month, he wrote to Hubert Bouser (u lay-man)
late made chancellor of England, in the place
of the bishop of Chichester, to presenre tlie
liberties of Holy Church, and the laws of the
land entire : And to let him know, that the
ninth had levied and destrained for ir, opon
preUites and others of the clergy, who were not
bound to pay it, as those that paid the tenth
sranted to the clergy, and held nothing of the
king by barony, or~ were obliged to come to
parliament ; and also exacted the tenth of such
as were bound to pay the ninth, oppressing the
clergy contra Dtum Sf Juttitiam^ aeainst God
and justice : Exhorting and rec^uiring him in
the Lord not to permit the religious and clergy
to pay otherwise than according to the form of
the grant of the taies, nor give his advice or
assent to any thing in prejudice of the Great
Charter, or tnat misht tend to the subversion
of church-libcrtics, declaring if lie should make
out any writ, commission, or precept to that
purpose, he should not omit to exercise such
power OS Holy Church had permitted him.—
lie wrote also to the king and his council after
tliis manner : ' To our lord the king and his
council, to nil and every one of them ; We
John, by Divine permission archbishop of Can-
terbury, and the pope's legate, do declare all
those that do arrest clerks, put them in prison,
and detain tlicm against tlieir wills, are excom*
mnnicatcd by canon.' Which sentence lie pub-
lished in the church of Canterbury, and caused
it to be published by all his brother suffrsgans,
or bishops of that province. Ailer the denun-
ciation of which sentence, several clerks (there
named) were taken and imprisoned in prejudice
of God and Holy Church, against the law and
privileges of all clerks, and to the danger of
their souls, who did such thingii, or gave advice
or assent to tlic doing of them. Wherefore
he bcsecched the king to preserve untouched
the rights and privileges ot Holy Church, and
forthwith release the clerks, and others, that
had been imprisoned against the Great Char-
ter, the laws of the land, and privileges of such
as were deUiincd. And further besccched all
of the king's council, who had presumed to od-
visc the king to commit sued things, not to
hinder the release of those that were kept in
prison. He also declared, That the king's
mioieters or officers, of what condition soever^
59] S1\\TE TRIALS, U Edwakd III. UU.— Proceedings against Siratfbrd, [tJO
^ho entered the granges, houses, aud other
places of archbishops, bishops, errlebiasticks,
or other religious without the consent of their
bailiff, and took and carried awa;^ their goods;
and all those that commanded these things to
be done, were involved in the same senteJicc
of excommunication. He wished the king
would vouclisafe to apply a fit remedy, for he
could not dissemble ; but that agauist such, rb
his pastoral office re({uired it of bim, hy his
brother bishops of the province, he bhould
execute what was his and their bound en duty.
Yet it was not his intention, that the king,
queen, or their children, should be compre-
hended in this judgment or sentence of excom-
munication, as far as by law or right they might
be excused.
As he had resolved, he wrote to all tlie bi-
shops of his pmvince, and commanded them to
declare excommunicate all such as deprived
churches of their rights, or by malice infringed
or disturbed their liberties or free customs ;
and those especially that violated the ancient
liberties and free customs of his church of Can-
terbury, or in any manner diminished them, or
did any thing contrary to its privileges. Also
those that disturbed the peace and quiet of the
kioedom, or that gave advice or assistance to,
or ta%'oured them. Also those who by any art
or trick whatsoever should violate, break, di-
minish, or change any of the liberties and free
customs contained in the Great Charter, or
Charter of the Forest, privately or openly, by
word, deed, or advice, or the ancient liberties
and free customs granted hy them to the City
of London, should be declared excommunicate.
And then he directs them to proceed in the
tame manner against all such as imprisoned
clerks, or entered into the houses, granges,
&c. of archbishops, bishops, &c. as above. —
The king, moved with thi<4 behaviour of the
archbisJKip, wrote to tfie bishop of Ijondon, and
the prior and chapter of Canterbury, in harsh
and »eveie language, how he had been used by
the iirchhishop, and charged him with many
great crimes ; ns, that being exalted to the
throne in his nonnge, desiring to be directed
by sound counsel, bclieiing him in fidelity and
discretion to exceed all men, and using him as
the director of his soul, and likewise the allairs
of Ilia kingdom, and receiving him into great
famili:irity; and seeing the kingdom of Franco
devuivid to him by right of succession, and
was usurped by Philip of Vulois, he with great
importunity persuaded him to make a confe-
deracy against Philip with the German princes,
exposing us and our alTairs to tlic charge and
hazard of war; promising and alhrmint:, That
he would cau^c abundantly to be supplied the
necessary expenccs from the revenue of our
hmds, and subsidies; adding further, Tiiat we
need only take care to have ready expert and
stout soldier». Then he tells how he went be-
yond sea, and entered into a war at a vast ex-
pence, obliging himself to bis confederates in
crcat sums of money upon the promised aid ;
but trusting to a brokea reed^ and liis assist-
ance in money not comine to him, he wrs for-
ced to contract improfitable debts under the
greatest usury ; and so as he could not prose-
cute his expedition, but must of necessity re-
turn into England: where declaring to the
archbishop his streights and misfortunes, he
called a parliament, which gave him the ninthi
ns above, and the clergy a tenth; which if fully
'. collected, and in due time, had probably been
suiHcient for the carrying on his war, and the
payment of his debts, to the no small oonfoiiaQ
of his enemies. Then he says the archbitliop-
promised again to assist him effectnally toward
collecting the subsidy, and administrmg other-
necessaries : whence trusting to his praiiiitad
assistance, he again passed over sea, and ob-
tained his sea-victory, as before related ; and
afterwards besieged Toornay, as aforeiMud;-
when every day expecting b^ the archbisbopV
management to* be relieved, in so great neoe»-
bities, with what had been promised him, hit
hopes failed : and though by many letters and
messengers he had signified to him, and ocbem
of his counsellors his adherents, the wants and
dangers he was in for waut of money, being pofr
oif with frivolous excuses and fine wonU| bj
which they palliated their fraud aed malice, hie
was forced unwillingly to consent to a trace, lo
his shame, and the* hindrance of his expedi-
tion. At length his faithful friends, conp«-
nions, and participants in his adventure and
tribulation, with whom he discoursed bow bo
might most aptly be delivered from his present
misfortunes, all agreed the fault was the arch-
bishop's, either by sloth or negligence, if not
malice ; murmuring against him, that be had*
not corrected the insolence of the archbishop
and officers, which if be should not do spoodihf
they threatened to quit his service, and wilh-^
dniw themselves from the confederacy. Whenoo
thinking of the discipline and correction of hit
officers, he removed some from their offices fat
male-administration, by subversion of justice^
oppressing the people, and taking bribes:
others of less note he committed to prison;
and belie\'ing he might have a more full ao--
count of the actions of his officers from the
archbishop, to whom he had committed fora
long time all the administration of all his afiain^
be sent Nicholas Cantilupe to command Im^
to come speedily to London, that he wi^^
have personal discourse with him; but 1
always proud, and feaiful in adversity, he
tended danger from some about hire, i
should stir out of the church of Canterbt^-
The second time he sent to him Ralph
or Stratford, steward of his houshold, witiv
ters of safe conduct, to come to, and iufbrni^
about the businebs of the kingdom: bu^
temning his requests and messages, wv
haughty look he answered. That he wo
meet, come to, or confer with himy '
parliament ; « hich at that time it
tiunally expedient to conyeno: tl
his great bounty and beoofii
his extraordinary reipo0
and the oiightj tnMI i
CI] STATE TRIALS, 14 Edward III. )Ul.--ArcUishop qfCmtcrburj/.
[02
hiffl, declares how ungrateful he was, and how <
he had deceiveil him, wounding his innocence, \
U railing ar, and reproaching the justice, 6de- .
iitT. and diligence of his officers, by preaching
pttUickly, and sending letters into divers parts, '
That by royal power and against justice, the
people had lately been oppressed, the clerey
coaibunded, the kingdom over-burdened with
cnctions, taxes, and tallages. And because he
Uv endeavoured to obtiiin the name of a
pid pastor, which he always wanted, yet truly
k aaa a notorious mercenary by common opi-
na, and his own public cunfession ; he ap-
fWi himself to assert the liberty of the church ;
whicAdf it had been injured or grieved, either
IB perv^ns or things, it was only and truly
10 M ascribed to the remissness, crafty in-
KBtions, and reprobate counsels of the arch-
Uop wickedly pretending he had certain
mtenoes and articles of excommunication,
■ide in general against the violators of church-
bberty and the Great Charter, to blacken the
pod opinion the people then had ' of the*
ling, to de&me his ministers, traiterously to
niie sedition amongst the people, and to with-
draw the aifectious of the carls, barons, and
peat men from him. Wherefore being will-
ot. as he was bound, to secure tlie integrity of,
ks time, to obviate the malice of the arclibr-
ibap, and to avoid the snares laid for him and
b. be desired to publish some other of his
Ubon«, besides those above repeated ; to wit,
Tka by his improvident advice in his nonage,
ke had made su nmny prodigal prohibited gifts
vd alienation?, and done so many excessive
i'^^n, that his treasury was exhausted, and
L.ierjwu rents beyond measure diminished ;
u*^i''atcorrupted by bribes, he had without rea-
f^abieGMse remitted great sums of money due
(ohxauaad had given much of his rents and reve-
•Br, Hbcli ought to have been applied to his own
^■'i 'O persons not deserviog, or converted it
ia /l-9 own use; and presumed to attempt
Q'Jitr ihiiigs to die detriment of his estate, da-
n%e of his niynl dignity, and grievance of his
Mtjcat. abusing the power committed to him.
C'lBiaanding those to whom this IcttiT was
directed, to publish it, and cause others to
pMfiMh it, in »uch places as they should think
coii«enient« — Witness his self at Westminster,
liie l^th of February, in the 15th of his rci^in.
On Asb- Wednesday, being the 21st of re-
broarr, the archbishop preached in the cathe-
dnl of Canterbury, and at the end of his scr-
moB h« Cold the people, there were letters
directed by the king to the prior and convent
■eainst him, which he desired might be read :
Mbich was done by order of the prior, and the
omtents of thmn i>ublished in the English
tongue. Ai^nst which the archbishop in every
pout defended his innocence ; and then a(f-
aaoislicd the people to pray for the king, queen,
sad their children ; and to those that should |
te to devoutly, and also pray for the state of
^^y churchv being penitent, and sorry fur their
»S ha granted forty days indulgence from
»i*rptOTy. And ifaa nest day, being the chair
of St. Peter nt Antioch, or the S^d of that
month, the abbot of St. Augustine's in Canter-
bury, to whom and his convent the like letters
had been sent, published them to the people,
expounding them in hatred to the archbishop,
that so the people migiit have an ill opinion of
him. — ^I'he very same complaints agamst this
archbishop the king sent to the pope, though
in somewhat smoother language m some parts
of the epistle ; and rec^uests he might be by
him removed out of the kingdom, for preserving
the peace of it, and preventing other dangers
that might be feared to ensue, if he staid there.
Dat. apud Langele 14 dieMartii.
The archbishop wrote an answer to the
king's letter, which bears this title. The Excuse
or Answer of the archbishop to the slanderous
Libel ; addressing himself by way of preface to
the king, telling him there were two things by
which the world was governed, the holy ponti-
fical authority, and the royal ordained power;
of which the charge of tiie priests was the
greatest and highest, inasmuch as they were in
the Inst judgment to give an account of kings :
wherefore he ought to know, that they depend
upon the judgment of priests, who might not
be directed by their wills ; for who could doubt
but Christ's priests were to be tliought the
fathers and masters of kings, princes, and all
faithful people. And he proceeds to inform
him, that many hi-ihops had excommunicated
kings and em|jerors; and also to inform him
what good kings were to flo. and how to be-
have themselves towail l:i'«ho|:s, and what re-
verence, honour, and rcsprct was due to them.
And he r3ninlains, that ilic iionuurduc to him,
in regard ot his dii;iiity, and as he was his
father, whs turned into disgrace, devotion into
reviling, and revercnrc into contempt ; whilst
his epistles scaled with the royal seal, but
mure truly slanderous libels, dictated and
written by his enemies, containing many crimes
falsiy imputed to him, were sent to the bishops
of his province, dear.s, abbots, priors, their
convents and rliaptcrs, to be published to his,
and would to (lod nut to the injury of him
too; by which nnthoiit^ht of, that he might not
say detestable fact, royal power presumed to
judge the Lord God in bib servants and priests ;
and he seemed to condemn him his spiritual
father, and <j^rrntcst peer of the land, against
tlic order of Giid, human law, and natural
reason, not called, not convicted by record, and
unheard, to the danger of his soul, and as an
iil example to the manifest prejudice of all the
peers of l-'.n^land. At ln>»t, making great pro-
fession of his atTcction to him, and the great
services he had done him, lie comes to his an-
swer, here follow ini; : (liut wlicreas he accused
him, that when the kin|;dom of France was
devolved to him by right of succession, he
importuned him to maku a league with the
Almain to recover his rii:lil>, and was only to
find CKpcrt soldiers, and he would tiwd money;
which failing, YOU were, vuu sav.luiccd to con-
tract great dchrs noon iMury. T<j tli>.s ho »aid.
That in the beginning of hib government, when
51]
STATE TRIALS, 3 Edward III. 1530.-^ Proceeding against
[52
8. Impeachment of Roger Mortimer, Earl of March, for Treason,
3rcl Edward III. a. d. 1330. [Knighton, Coll. 2556. Wal-
singham. 3 llapin, 419- 1 Cobb. Pari. Hist. 84.]
partYy led the king armed against the said emi
of LlmcHStcr, and other peers of the land, as
fur tts Winchester, when they were coinini; to
tiie parliuincnt at Salisbury, so that the earl and
other peers, to n\-oid the evils that might hare
liappened, out of regard to the khig, departed
and went toward tlieir own countries, gneviii|g
that they could not spe;ik with, or advise their
lic^ge lord as they ought to do.--^th. The said
Roger, by the said usurped power, caused tha
king to march forcibly against the carl, and
other peers of the land, who were appointed
to be with the king, to advise him ; and so
prr)secuted them with force, that the said earl
and some others of his company, tliat wished
well to the kingdom, submitted to the king^s
grace, saving to them life and member, and
that they might not be disinherited, nor hafe
too great a Hne set upon them ; yet he raused
them to l>e fined so grie^'ously, that half their
lands, if sold outright, would only pay it ; and
others he caused to be driven out of the ni^
tion, und their lands to be seized, against the
form of the Great Charter, and law of the land.
— 5ih. Wliereas the said Roger knew well the
king^s father was dead imd buried, lie by otheii
of his party in deceivable manner, infbnnfd
the curl of Kent that he was olive ; whentee
tlie carl being desirous to know wliether it was
so or not, used all the good ways he could to
discover the truth, and so long, till the wad
Roger by his usurped royal pow«r, caoaed his
to be apprehended in the parliament holdcnaC
Westmm&ter and so pursued him, as in that pai^
liament he procured his death.-<-6th. The nai
R^er, b3[ his usurped royal power, caused the
king to give to him and bis children, and conA-
derates, castles, towns, manors, and frapchJMi
in England, Ireland, and Wales, in decraaie sf
the revenues of the crown. — 7th. The said Kapr
in deceivable manner caused the kniglits if
shires, at the parliament at Winchester, is
grant to the king one man at arms oat of ettij
I town of England, that answered in the eosM
of the Eyre by four men, and the provost, (i. C
the rltve or bailiff of the lord of the manor) l»
serve at their own cost, for a year jp bn war
in Gascoigne; which charge he contrived kt
the advantage of himself and party, in destfi^
tion of the people. — 8th. The said Roger, ky
his said usurped royal power, caused sammoBi
to be sent to many great knights and othei%
that they should come to the king wherever hi
was; and when they came, he caused them lobe
charged to prepare themselves to go into Gai-
coigne, or fine at -his pleasure; which fiaci
were for the benefit of him and his party.—
9th. The said Roger falsely and malidoMly
made discord between the king's father w
At the jiarlianient assembled nt Westminster,
on the l^lli of March, 1330, tlie following Ar-
ticles of Inipeaclimeiit translated from the
French original now on the Rolls in the Tower,
were exlubited against Roger Mortimer^ eurl of
March: viz.
•• These are the treasons, felonies, and mis-
cliier^ done to our lord the king, and his peuplcN
by Roger Mortimer, undothcis of his company.
— Ibt. Whereas in the parhan^ent holdcn ul
Wei>tniinblcr next af\er the king*s coronation, it
was ordained, that four bishnps, four earls, and
six bnrous should remain w ith the king to advise
him, und that !our should still be with liim, vi/.
oiie bishop, one earl, two barons at least, and
that no great business should l)e done without
their as*ent ; after u<liich parliiunent the said
Roller not lia\ing regard to the said assent,
usurped to himself royal powur, and the govern-
ment of the reahn, above the state of the king,
nnd put out and placed otiiccrs in the king*s
liou:$e, and otherwhere throughout the kingdom
lit his pleasure, such as were of his party, and
K>t John Wyward and others about the king, to
observe his actions and words; so a^ he was en -
compa&^erl by his enemies, that he could do no-
thing as he would, but only as u man under
euanl or restraint. — 2nd. VVliere<is the king's
lather was nt Kcnelwortli, by order and assent
of the peers of tlie land, to stay there for his etise,
nnd to be ser\ed as such a great |>ersou ought
to be ; the said Roger by his usurped power,
which he exercised over him at his pleasure,
ordered that he should be sent to Berkley
cnstle, where, by him und liis confederates, he
was traiierously, feloniously, and falsely mur-
dered nnd killed. — 3rd. The said Roger by his
usurped n>yal power, forluul by the king*s writ
under the great seal, that any should come to
the parliament at Salisbury with force and anns,
nnder pain of forfeiting whatever they had to
the kin;;; yel thither he came with others of his
party with force aiul arms to the said parliament
contrary to the prohibition nforesaiid ; where-
fore (h\er.s peers of the land, as tlie earl of
J^mcastcr and others, knowing the nmnner of
his coining, would not be there : nnd whereas
the prelates were assembled in one house, to
consult about the business of the king and realm,
the said Roger broke open the doors of the said
h<Mi!)e wi;li armed men, upon the prelates, and
thrLatrncd them with life and member, if any
oflhei.i ^hould he so hardy as to speak or do
any thini: contrary to his pleasure in any point.
And ill the ^Hme parliament by the saicf usurp-
ed power^ he caused the king to make htm
earl of March, and tf) give him and his heirs
several lands in disherison of the crown ; und
afterwordi the Mud Roger, and those of liis
•fS] STATE TRIALS, 3 Edward III. 1330 Rogfr Morthner, for Treason, [51
iiif queen; and possessed her, that if she went
to Kim, she should certainly be killed with a
da^er, or otherwise murdered; and by this
way, and bis other subtleties, he so ordered it,
ibai she would not come to her liege lord and
LiD^ to the great di&honour of her son and self,
sad great damage of the whole realm per
chance in time to come, which God forbid. —
lOth. The said Roger by bis said usurped royul
fo«er, had caused to be taken for him and his
pnjythe king's irea8ure,as much as he pleased,
•itbrac cale, in money and jewels, in de-
tfmon of the king, so that he had not where-
viiinl CO pay for his victuals. — 11th. The said
Soger, by the said usurped power, caused to
le shared between him and his confederates,
dii 80,000 marks which came out of Scotland,
ferlbe articled of peace, without any thing rc-
ttitcd by the king.— 19th. Tlie said Roger, by
kb aboTt^mentioned royal power, received the
king's duties and purveyance through the king-
toi, as if be had been king : and he and his
pnyhad with them double the company of
■en and horse that were with the king, in de-
Kraction of the people, not paying fur their
fosffersany more than they themselves pleased.
»l3tfa. The said Roger^ by his said royal
power caused the king to agree to the mount-
■g of 900 Irish chevaliers, or horse, being of
those that killed the great men of Ireland and
sikm, who were in the king*s fiiith ; whereas the
kia| ought immediately to have revenged their
tefas, nuher than pardoned them, contrary to
ds icatote and assent of parliament.*— 14th.
The laid Roger contrived to have destroyed
dakii^fs secret friends, in whom he had most
caaMenec ; and he surmised to the king, in the
ynwaiji, of the queen his mother, the bishops
•f Uaeob and Salisbury, and others of his
raad^ fihat his said secret friends had eicited
hat M combine with his (the said Roger's)
aKMS beyond sea, in destruction to the
isees hb mother, and of him the said Roger ;
■ad this he affirmed so impudently to the king,
fhst he could not be believed against what he
had said: and for these things nnd many
others, not as vet fit to be declare<l, he had
hcco apprehended; wherefore the king charged
the cans and barons, the peers of the land, as
these things concerned himself, themselves,
sad all the people of tlie realm, to do right
sad true judgment upon him for the crimes
above written, as being notorious and known
tabetnie, to iliemselves, and all the people
of tbo kingdom."
Then the earls, barons, and peers, having ex-
omiaHl these articles, came into parliament
heCbre the king, and they all delivered their opi-
sion, by one of their body, * that all things con-
tained in the said articles were notorious, and
known to themselves, and all the people ; where-
fare they, as judges in parliament by assent uf
the king did award and judge the said Roger
as a traitor and enemy to the king and king-
dom, to be drawn and hanged, and commanded
the earl marcschnl to execute the judgment,
and the mayor, aldermen, nnd sheriffs of Lon-
don, with the constable of the Tower, and those
%vlio had the guard of him, to he aiiliiijs; and
assisting with the earl marcscha! at the execu-
tion ; which was performed nccordinf;ly on the
29th of November nt a place then called the
Kims, and afterwards Tyburn.* — He was not
brought to answer, but condemned without
hearing;, nnd for that reason this .Tudgmcnt was
reversed as erroneous, and made void by act
of parliumcnt, and his grundchild Roger restored
to his title and estate, 28 Kd. 3.
The king, also, in his parliament charged the
earls, barons and peers, to give right and true
judgment aguinstSimon de Dereford,kt. who had
been aiding and advising with Roger Morti-
mer in all the treasons, felonies, &c for which
he was afterwanls adjudged to die, as was
notoriously known to the said peers ; where*
upon they came before the king in parliament
and said all with one voice, * that the said Simon
was not their peer, nnd therefore they were not
bound to judge him as a peer of the land :'
but since it was n thing so notorious and known
to all, that he was advising, aiding and assist-
ing the said Roger in all the felonies, &c. afore-
said; and that he whs guilty of divers other fe-
lonies and robberies, and a principal maintuiner
of robbers and felons ; they as peers and judges
of parliament by assent of the king, do award
and adjudge him, as a traitor and enemy to the
king and realm, to be drawn and hanged ; and
the earl marcschal was commanded to do ex-
ecution ; which was done accord iii;;ly. liut it
appears by the same parliament roll, that it was
then also declared, that though the lords and
peers in parliament had for this time, in tlie
king's presence, proceeded as judges to gi\'e
judgment upon those that were no peers ; yet
hereafter this should be no precedent to draw
them to give judgment on any other but their
peers, in case of treason or felony.
• " The earl of March left four sons, of
whom Edmund, his eldest, died in the flower of
his age, and left his son Roger, who was re-
stored to his grandfather's estutci and honours.
The earl had also seven daughters, Katherine
wife of Thomas dc Beauchanip, earl of War-
wick; Joan married to James lord Audley;
Agnes to Lawrence de Hastings earl of Pem-
broke, Margaret to Thomas i(on and heir of
Maurice lord Berkley: Maude, to John son
and heir of John de Charleton lord I'owis ;
Blanche to Peter de (jrandison; and Beatrix
first to Kdwnrd son and heir to Thomas of
Brotherton, carl marshal, son of Kdward 2,
and nttcrt\nnU to sir Thomas de Broofc."
Dugdalc'b Baron. 110.
07]
bTATE TRIALS, 51 Edward III. 1317.— Proceedings againit
[63
11. Proceedings against John Wickliffe, for Heresy, 51 Edw. III.
A. D. 1377- 0 lid. II. A. D. 1383, [Fox's Acts and Monum. 562.]
1 HE bibliops now sceinjg the nged king to be
taken avi-ay, durinj; the time of whone ohi age
ail tlie f^ouernnieiit of the realise depended
vpon the duke ofLancaster ; and now the said
bishops airniiic seeing the said duke, with the
lord Percy, the lord marshall, to giuc ouer their
olBccs, ni)d to rcniainc in their priuatc houses
without in termed ling, thought now the time to
seruc them, to haue some vantage against John
AVickliflfc; who hitherto, vnder the protection
of the foresaid duke and lord marshal), bad
some rest and quiet. Concerning the storj ot
irliich VVickliiTc, I trust ({rcntlc reader) it is not
out of thy memury %\liat went before, how he
being brought before the bishops, by the
mcancs of the duke and lord Henry Percy, the
counscll was interrupted, and brake before nine
of tiie clockc. By reason wliereof, VVicklifie
at that time escaped without any further trou-
ble. Who notwithbtauding, being by the bi-
shops forbid todeaic in that doctrine any more,
continued yet with his feilowcs going barefootc,
and in long frii»c gownes, preaching diligently
▼nto the people. Out ofwhose sermons these
articles most chiefly at that time were collect-
ed.— ^'riiat the holy Eucharist, after the conse-
cration, is not the very body of Christ, but
figuratiuely. — That thecliurch of Rome, is not
the head of all churches more than any other
church is : Nor it>at Peter hath any more
power giucn of Christ, than any other Apustle
liath. — Item, that the pope of Rome hath no
more in tiie keies of the church, then hath any
other within the order of priesthood. — Item,
if God be, the lords teniporall .may lawfully
and meritoriously take atvay their temporali-
ties from the churchmen offending habitualiter,
— Item, if any temporall lord doe know the
church so otTeiiding, he is bound, vnder paine
of damnation, to take the temporalities from
the same. — Item, that the Gospel is a rule suf-
ticient of it sclfe to rule the life of cucry chris-
tian man hcere, without any other rule.^ — Item,
that all other rules, vnder whose obseruances
diuers religious persons be gouerned, doc adde
no more perfection to the Gospell, than doth
the white colour to the wall. — Item, that nei-
ther the pope, nor any other prelate of the
church, ought to haue prisons wherein to pu-
nish transgressors.
Heside tliese Articles, diuers other Conclu-
sions afterward were gathered out of his writ-
ingH and preachings by the bishops of Eng-
land, which tbey sent diligently to pope Gre-
gory at Home ; Where the said articles being
read and perused, were condemned for liere-
ticall and erroneous by three and twenty car-
dinals.
In tlie mcanc time, the arclibishop of
Caniurbury, sending forth his ritations^ as is
afemaidy colled before bin) the said John
Wickliffe in the presence of the duke of Lan-
caster, and lord Percie; who, vpon the decla-
ration of the pope's letters made, bound him
to silence, forbidding him not to entreate any
niore of tliose matters. But then tJirough the
disturbance of the bishop of London and the
duke, and lord Percy, that matter was soonc
dispatched, as hath beene aboue recorded.
And all this was done in the daies and last
yeere of king Edward the third and pope
Gregory the elcuenth.
The next yeere following, which was the
yeere of our Lord 137B, being the first yeere of
king Richard the second, the said pope Ore-
gory taking his time, after the death of kins
Edward, sendeth his bull by the bands ana
mcanes (pcraduenturc) of one master Edmund
Stafford, directed vnto the vniuersity of Oxford^
rebuking them sharpcly, imperiously and like
a pope, for suffering so long the doctrine of
John Wickliffe to take roote, and not plocking
it yp with the crooked sickle of their catholike
doctrine. Which Bull when it came to be
exhibited vnto their hands, by the pope's mes-
senger aforesaid ; the proctors and masters of
the Vniuersity, io^ning together in consulta-
tion, stood long m doubt, deliberating with
themselucs whether to receiue the pope's BuU
with lionour, or to refuse and reiect it with
sliame.
The copy of this wilde Bull, sent to then
from the pope, was this :
« Gregory the lUhop, the seruant of Godt
seruants, to his well beloued sonnes, the Chan-
cellor and Vniuersity of Oxford, in the dioccsse
of Lincolne, greeting, and apostolicall bene-
diction.«^We are compelled not ooely to
marucll, but also to lament, that you, consider-
ing the apostolicall seate hath giuen vnto your
Vniuersity of Oxford so great rauour and priui-
ledge, and also for that you flow as in a large
sea in th? knowledge of the holy Script ures^
and ought to be champions and defenders of
the ancient and catliolike faith (wiiliout the
which there is no sniuation,) by yoor greet
negligence and sloth will suffer wild cockle, not
onely to grow rp among the pure wheate of
the nourishing field of your Vniuersity, but also
to waxe strong and choke the corne. Neither
haue ye any care (as wc are enformed) to ex-
tirpe and plucke the same vp by the motet, to
the great blemishing of your rcnoumed namef
the perill of your soules, the contempt of the
church of Rome, and to the great decay of the
anticnt faith. And further(which grieueth rs)
the encrease of that fillhie weed was more
sharpely rebuked and iudged of, in Rome than
in England where it sprang. Wherefore let
there bee mean«.s sought by the helpe of the
faithful!, to roote out tiM same. Grieuouslj it
it come to our earesy that oue John Wicklifit^
<»J STATE TRIALS, 6 Richard II. 13S3.— Jj/^;* WtcUiffc, for Jhrcsj/. [70
fUion of Lutterworth hi Lincolne diocesse, a
|(rofe!«iour of diuioicic (would God he were not
nilttr a master oferruurs) is runiie into n kind
of detestable wickedneue, not onely and open
It publishing, but alM> vomiting out of the filthy
dungeon of li is breast, diners prores>ions, faUc
ud erroneoun conclusions, and must wicked
ad damnable heresies. VVliereby he might
4ebie the faitliluU sort, and bring them from
Ik right path headlong into the way of perdi-
tM, uuerthrow the state of the church, and
■aedy bubuert tlie secular policie. Of wliich
Ail Bttchiefuoiid hercnies some seeinc to agree
Mv cerlaine nainea and tennes changed) with
ibe peniene opinions, and vu learned doctrine
ifManilius of Padua^nnd of lohn Gaiidune,
oi'vovorthie memory, whose bookes were vt-
tcrty abfduhed in the reahne of England, by
ov predecessour of happy memory lehn 22.
aUco kingdome doth not onely flourish in
ysucr, and abundance of faculties, but is much
Mre^Mioos and sliining in purenesse of faiih;
Aocn^oaied alwaie^ to bring forth men excel-
Intly learned iu tlic true knowledge of the holy
Kriptores, ripe in grauity of maners,men nota-
ble in deuotion, and rlefenders of tlie aitholike
faith. Wbere^re we will and command you
bj oar writing apostolicall in the name of yotv
etedienccy and vpon paine of priuation of our
fawur, indulgences and priuiledges granted
i«o your and your irniuersity from tlie said see
■po<olicaH ; that hereafter ye su0er not those
pniileat hvresies, and those subtill and false
OMchisions and propositions, misconstruing
tk ri^ sense of faith and good workes (bow-
SKuer tbev tearme it, or what curious implica-
tisn of words toeuer the^ vse) any lon|i;cr to be
(Uyaied of, or brou>iht ni question : Lest if it
We Mtirichstood at the first, and plucked vp
U (U rsots, i: migiit perhaps be too late here-
a^r 10 prepare medicines when a greater
'ABber is aufccted with the contngion. And
lurt/ierthat ye apprehend immediatly or cause
robe apprehended the said lohn WicklifTe, and
4eliiicr bun to be detained in the safe custody
Mour well-bclon»i brethren, the archbisliop of
Cantorbury, and the bishop of London, or
cither of them. And if you shall find any
punesayerft, corrupted with the suid doctrine
^«hicb God forbid) iu your said vniuersity
■iUiin your iuriiidiciion, that shall obstinately
VMoA in the said errours ; that then in like
noner ye apprehend them, and commit them
to tale cu&tiMir, and other wiiic to doc in this
esse a» it i^faall npfM-rtaine vnto you : So ns by
yoBT careful! pr(K*eedin^s lierein, your ncs^ligence
past c'lnceniing tlie premisses nitiy now fniiy he
supplied and recompensed with present dili-
ptncc. Whereby you sh.tU not onely purchase
vato vou the fauoiir and licneuolence of the
M Hit 7 jtere nf oxir Cfjusecration."
CeMdes tiiis bull sent to the vniuersity of Ox-
fani* ifie said pope Gregory directed moreouer
^ lectczB Um MUD<? ume to the archbishop of
Cantnrhury Siinon Sudbury, to the bisliop of
London named Wtliiani Courtney, widi the
Conclusions uflului WicklilVe therein inclosed,
coDimundiii!; theni, by vertuc uf those his let-
ters apostolicnll, and stniitiy eiiioyning them to
cause the said lohn Wicklit^ to be npprcrhcnd-
ed, aud cast into prison ; ami that the king and
the nobles of England should he admonished
by ihem, not to eiue nny credit to tlie said Inim
NVickliflfe, or to his doctrine in nny wise. — Be-
side this hill or Bull of tlie Pope, sent vnto the
archbishop of Canturhury and to the bishop of
London, bearing the date, 1 1 calend. lun. and
the 7th yere of tlie reigne o( the pope ; I find,
inoreouer, in the suid story two oiher Letters of
tlic pope concerning the same mutter, but
differmg in forme, sent vnto the same bishops
and all bearing the same date both of the day,
yeere, and moneth of tlie reigne of the said
pope Gregory. Whereby it is to be snp])oscd,
that tlie pope either was very exquisite and so-
licitous about the matter, to haue WickliHe t(»
be apprehended, which wrote three diuers let-
ters to one person, and al in one day, about
one businesse ; or else tliat he did suspect the
bearers thereof; the scruple whereof I leuDe
to the iud<7ncnt of the reader. — Furthermore,
besides these letters written to the vniuersity,
and to the bishops, be directeth also another
£pi!>tlc bearing the same date vnto king Ed-
ward ; as one of my stories saith, but as ano-
ther saith, to king Richard, wliich soundeth
more neere to the truth, fbrnsmuch as in the
7tli yeere of pope t Gregory the xi, which was
the yeere of our Lord 1378, kingEdwxird was
not idiue. The copy of his Letters to the king
here followcth :
The copy of ihr Epistle sent by the bishop of
Konic to lUchurd king ofi^ngland, to per-
secute lolui WickliOc*.
" Vnto his well-belouod sonne in Christ,
Richard the mobt noble king of England, health,
&c. — The kingdouie of England, which tln^
most highest hath put vnder your power und
gouernnnce, being so famous niid reiionmod in
valiancy and strength, so abundant and flowing
in all kind of wenith and riclie<:, but much
more glorious, res])lendent and shining thiough
the brightnesse and clcercne^be of all tjorilincsse
and faith, hnth accustomed alwaiis to bring
forth men endued with the true knowledge and
vnderstanding of the holy scriptures, ^raue in
yi'cres, feiuent in dcuotion, nnd defenders of
the caihoiike fai:h : the whir!) haiic not onlv
directed and in^tructt-d their owiie profile
through their wholedouie doctrine und precepts
into the true path ol'C'od's commnndeincnts ;
hut also we haue heard by the report und in-
formation of many credihle persims (to our
great grief nnd heart sorrow) that Ii>iin Wick-
lifTe parson of Lutterworth, in the dioccs-e oi
Lincolne, professor of diuinitie (I won hi i.>
God he iverc no author of licresie) to be fallfu
into such a detectable und abominable niixi-
nesse, thnt he imtli propounded and set forth
fliuers and bundry conclusions full of errouiv,
71]
STATE TRIAIJ5, C Richard II. 1 ^^'^.—Proceedingt aganut
[72
and contaiiiiiit; most iiuiinfi^t hercsic, the
^\hich floe tend vtterly lo subuert anil oner-
tiirow the i«tate ot* ihe whole church. OK the
t^'hich, some of them (alljeit vnder coloured
phr;ise und speech) seenie to smell and sauor of
peruerse opiiiiuiis, and the tbolish doctrine ot*
condemned memory of Marsilius of Padua,
and lolm of Ganduno, whose bookcs were by
pope lohn tlie 22, our predecessor, a man of a
most happy memory, rcproued and condemned,
&c."
I'* Hitherto gentle reader, thou hast heard liow
Wickliflfe was accused by the bishop. Now
you shidl also hearc the pope*s mighty reasons
and arguments, by the which he did confute
bim, to the king. It folio woth :
" 'lliereforc, tbrsomuch as our reuerend bre-
thren the archbishop of Canturbury, and the
bishop of London haue receiucd a speciall
commandement from v^, by our authority to
appreiiend and commit the forenamed lohn
\Vickliife vnto prison, and to transport his con-
fession vnto vs : if they shall beeme in the pro-
secution of this their It usiii esse to lucke your
fauour or heipe, we require and most earnestly
desire your maiesty, euen as your most noble
t)redecessors banc alwnyes beene most earnest
ouers of the citholike faith (whose case or
quarrell in this mutter is chielly han<lled) that
you would vouchsal'e (euen for the reuer-
ence of God, and the faiih aforesaid, and also
of the apostolike seate, and of our person) ^ith
your helpe and fauour to iissist the said arch-
bishop and all other that shal goe about to exe-
cute the said busincsse. Whereby besidf's the
praise of men, you shal obtaine a heaueniy re-
wm'd and great fauor and good will at our hand,
nnd of the see aforesaid. Dated at Rome at
S. Mary the creator, the 11 cal. of lune, in the
7th yecre (if our bishoprike, an. 1370."
'liie Articles included in the pope's letters,
which he «ent to the bidhops, and to the king
against \VicklinV, were llu^se which in order
doe follow.
The Concl««*ionsof lohn WicklitTe, exhibited
in the Conuocation of certaine bishops at
Lambeth.
" \. All the whole race of mankinde here on
earth, besides (!hri>t, hath no power Mmply to
ordainc that Peter and ail liis oiT^prilig ^hould
polilickly rule ouer the world f(»r cucr. 2.
God cannot gino to any man for him and his
licir(.*s any oiuill dominion for euer. S, All
writings inucntcd bv men. as touching pcrpeiu-
hU heritage, arc impossible. 4. Eueiy man,
being in grace iii^tifvmg, hath not only right
vnto the thing, bat als4> for his time haui right
indtcile aboue all the good things of God. 5.
A man rannoi oudy minisrratoriously giue any
teinporiill or contin>iail giti ; either lui well to
his natiirall sonnc, as to iiis sonne by imitation.
C. If (lod be, the tem])i>rall hirtU may lawfully
nntl meritoriously take away the richcrs fn>ni
llieciiuFih when (liey doc otfend hubilualtter.
7. We know that Ciirists vicar caonut, neitlier
U able \ty his buU«y neitlier by his owiie will
and consent, neither by the consent of his col-
ledge, either to make able or disable any man.
B. A man cannot be excommunicated to liis
hurt or vndoing, except he be' first and princi*
pallv excommmiicatc by himselt'e. 9. No man
ought, but in Gods cause alone, to excommuni-
cate, suspend, or forbid, or otherwise to pro-
ceede to reuenge by any ecdesiasticall censure.
10. A curse or excommunication doth not
simply binde, but in case it be pronounced and
giuen out against the aduersary of Gods law.
11. There is no power eiuen by anycxamplei
either by Christ or by his apostle, to excom-
municate any subiect, 5(>eciaUy for denying of
any temporaities, but rather contrariwise. 19.
The disciples of Christ haue no power to exact,
by any cmill authority, temporaities by cen-
sures. 13. It is not possible by the absolute
power of God, that if the pope or any other
christian doe pretend by any meanes to bind or
to loose, tliat thereby hee doth so bind and
loose. 14. We ought to beleeue that tlio vicar
of Christ doth at such times onely binde and
loose, when as he workeih conformably by xhm
law and ordinance of Christ. 16. This ought
vniuersally to bee beleeuefl, iluit euery priest
rightly anS duly ordered, according vnto the law
tf f grace, hath power according to his vocation,
whereby he may minister the sacraments, and
consequently absolue any man confessing his
fault, being contrite and penitent for the same.
16. It is lawfull for kings (in causes licensed by
the law to take away the temporaities from the
spiritualty, sinning habilualUvr, tluit is, ««hicli
continue in the custome of sinne, and wdl not
amend. 17. Whether they Ihj temporull lords,
or any other men whaisoeuer they be, which
banc endowed any church with temporaities ;
it is lawfull for them to take away tlie same
temporaities, us it were by way of medicine^ to
auoid sinne notwithstanding any excoinmuni-
cation or other ecdesiasticall censure ; lorso-
much as they are not giuen but vnder a condi-
tion. 18. An ecclesiasiicMll minister, and also
the bishop of Rome, may lawfully bee rebuked
of his huhiects, and f(»r the profit of thechi'.rck
be accused either of the dergie or of the laitie.**
Tli(*se letters with the Articles inclosed being
thus receiued from the pope, the bistiops tooke
no little heart, thinking and fully determiaing
with themselues, and tHifit in open profeMion
before their prouinciall councell, that all man-
ner respects of feare or tauonr set apart, oo
person nc'ther hiuh nor low should let tliem,
I neither would they bee scniuced by the intreatj
of any man, nor by any threatenings or rewards,
. but that in this cause they would execute most
surely vprieht iuvoce and equitie: yea albeit
present danger of life sliould follow thereupon.
But these so fierce bniggc*^, and stout promiws,
with the sfibtill practices of these bislKips, whirh
thought them so sure l>efore: the Lord (apiinf»t
wlM)ni no deterfiiinati<m of man's counseil can
prenuile) by a small occasion did lightly rrntcmnd
and ouei throw. For the day of the exuminntion
being come; a certaine personaee of the prinees
court, and yet of no great nobk birth, named
73] STATE TRIAIA 6 RicHARn II. 1383 — Jo/m WickUffe, for JUnsy. [74
lff«(^ riitTord, i*iiteriiisr in nmorig the bishops,
nininiaiidrfl thpin i)iat tiicy ^hould not pro-
rtrrie wiih any Helinitiue •K'ntrnrc :igiiin'<t If>hn
Wk'UiiTe. With which wortis all iIh'v were* so
SRazed and their comU?s so <'nt, that (as in the
Morv IS mentioned) they lieranic mo mute and
ipeerhJe^se, us men hnuinjj; not one word in
itinr mouihes to nnswere. And thus i)y the
vxiderniis workeofGtMl his prnuidence, i*scaped
1«^ Wirklitfe the second time out of the bi-
•kpi hands : and was hy them rleiin'ly (lis-
Oflwd v|Yon hit declaration ninde of his arti-
r'e*, as aiion shall follow. — Moreouer, here is
»*ito he passed ouer, how at the Knnu* time,
ind in the said chnppell of the arch bishop at
Lamheth, where the bi%liO{»s were sitting vpon
lohn Wicklifie, the story writing of tlie doing
tKereof, addeth these words, saying: " A'cm
iifo dues tantittn Londinentttf ted rile$ ipsiut
tUilatit te impudent er ingcrere praiumptcruni
n eandem capeliam 4r verba Jacere pro eodem, 4^
Iff 11^ Kegotium impedire^ confisij vt reor, de ip'
pnemUsa negligcatia prtelntonim, 6fc.'*
Thai is, 1 sav not oneiv, that the citizens of
Londiin, but also the vile abiects of tlie citie
prcsouieil to hee sn bold in the same chnppell at
fAinljeth, where the bishops were sitting; vpon
i'»^ui Wirklitle, both to intreat for him, and also
Vt kc and btop the bame matter ; trusting, as I
wppo«e, vpun the negligence which they saw
befjre in the bishops ^c. — Ouer and Ix'^ide,
here i^ nut to be forgotten, how the said lohn
Wicilifie, the name time of his examination,
oServd and exhibited vnto the bihho)>s in writ-
n| a protestation, with a declaration or expo-
K'.nn (if his owne minde, vpon tlie said liisurti-
cle«, The e iect hereof follow eth :
TU Protestation of lohn WicklitTe.
*• 1 I protest < as 1 luuic often liefore done) that
Ido^n.infle and intend with mv whole heart fbv
t/if frace (»f i'"n\) tti be a true Christian, aii<l
fe* ^n« 1% bn'ith '^hall remainc in me, to nro-
frMTdud df-tcnd the law of Christ. And if it
^ll h;.pp«:u that thrnuizh ignonince or iitlier-
»iv I «haJl faile tliereiii : I desire my I^)nl Ciod
ofuar-lon and fo^giuene^^H^ And now a(;:iiue
■•iicfore also, i due rcuoke ami make retracta-
An Kxpositif)n vpon the conclusions of lohn
WicklitVe, exhibited by him to the bishop.
''All the race of mankinde here in earth beside
Christ, hath no pjwer simply to ordnine, that
l*eter, &c. — This conclusion of it selfe is cui-
dcnt, funisinuch as it iN not in mans power to
stoppe the commiug of Christ to his finall iudge-
mcnt, but he must needs come, according to
the article of our C'reed, to iudge both the
quicke and the dead. And then (as the Scrip-
ture to:ichcth) shall surcease all ciuill and poli-
tike rule here ; I vnderstand the temporall and
secular dominion pertaiuin«: to men here dwelt-
in*: io this mortall life. For so doth the philo-
sophers speake of ciuill dominion. And al-
though the thing which is terminable, and hath
an end, is calle<l sometimes perpeiuall : vet be-
cause in holy Scripture, and iu vsc of the Church
and in the bookes of philosophers most com-
monly that is taken to bee perpetual!, which
hath no end of time hereafter to come : accord-
ing to the which sense the Church singeth Gloria
patrif fyc. Nunc, 4r in pcrpeluum ; I also after
the s-:ime signification do take here this word
(perpetually) and so is this conclusion conso-
nant to the principles of the Scripture, that it
is not in mans power to onlaine the course and
voyage of the Church, here perpetually to last.
*• 2. Ood cannot giue to any man, &c. ^To
the second conclusion I answere, vnderstanding
ciuill dominion, sis in the conclusion More.
And so I hold, that God first by his ordinate
power cannot giue to any person ciuill dominion
here for eiier : Secondly, by liis absolute power
it is not probable that he will so doe: forso-
mucli as hee cannot euer detain his spouse in
perpetunll pri^oll of this life, nor alwaies deferre
the finall bt-atitude of his Church.
o. To the third ronrlu<«ion. Many writings
or «"harts iiiuented by men, as touching perpe-
tuall heritage ciuill, be vnpossihle. — ^I'he verily
uf this conclu«i(ui is incident. For we must nut
canonize all manner of <rliarts whnwoeiicr, as
cntholike, or vniiiersall : fur then it were not
lawfull by any incanos to take away or se(|ucs-
ler things gincn by chart or charter', \^hcn any
doth vniustly ocmpy the same. And so if that
stand confirmed ami ratified by the faith of the
lym: most luimbly submitt ins my selfe vnder | Church, great occasion thereby should be nii-
thc correction of our lioly mother the Church. , nistre<l to men so chartered, to trust to their
.And f-»rsomuch as the sentence of my faith, i temiH)ndl charts; and so miuht grow tlufrebv
ddrh [ ha«e holden in the s<*)iooles and rl»e-
•hHV. it refNirtcd eiien by children, and iiiurt*-
o<jcr is earned by children eiien vnto Rome:
liirrefore le^t my de:ire beloued brethn'ii should
take anv oflFenre by me, I will set forth in writ-
jni{ llie'«enience and articles, for the which I
MB now arcuHC^I and impeachetl : the which
aU.1 iiien vnto the de:ith I wilt defend : As I
Ule«ii«' all Christians ought to doe, and spc>cially
I
ikf hj-li'ip of Itoinc and all other priests aiu
Bti;ii<4rr^ of I he* (Church. For I doe vndcrsianr
fVmnrlii«>i'iii'» nfter the sense and manner of
tfr^k'ii;; oftlit.' Scriptures and holydoct irs. the
•lii'h f am ready to t'X|ioiiod : And if t)u>y shall
U found roiiirary vnto the faith, I am ready to
»uoL^ afid s|>ceclily tocttll thciu bacLe againe."
much liberty an<l licence to sinne. For like a'^
by MHiie supposition euery truth is neccssarv :
so by the s;uiie siipposition euery false thing *i.<«
possible, as it is plaine by the testinony of the
Scri|>ture, and of holy doctors HjK'akhig of ne-
cessity of things to come.
4. F.uery man being in graie iiistitying fmal-
lir, hath not onelie riijht vnto the thing, but
also fi»r his time hath nKlit indee<le ouer all the
uood thiiii-s of (Jod. — The veritie hereof is eui-
dent, by holy Srriptiire, Mar. Q\. Whtre verity
pn>mi^4•th to enery man entcTJng into his iov :
verily Csaitb he) I tell you, he shall set and
place him ouer all the goods he luitli. Fur the
riiiht and title belonging to the communion of
saints in their country (iu^e meanethin the king-
75]
STATE TRIALS, 6 Richard II. 1383.— Proceedmgtagairui
[7»
d»nie of heaucii). Fundatur obiectiue super
vniversitatem bonorum Dei : that is, luith his
relution, as vnto his obiect| to al the goods and
possession of God.
6. A man can but onely niinistratoriously
giuc any temporall dominion or gift perpetual!,
IIS well to his ou-ne naturall sonno, as to his
Sonne by imitation. — It is euident. For cuery
man ought to recognise himselte in all lus
vorkes and doings, as an humble seruant and
luinLstcr of God. As the words of Scripture
doe tench vs. Let a man so esteeme of vs as
the ministen* of Christ. Yea, so Christ him-
selfe did teach his chicfe apostles to minister;
but in tlieir country the saints sliall giue vnto
tlicir fellow bretheren the dominion of their
goods, " Vt paiet de tuU corporibus 4* bortit eis
inftrioribus in natural* according to the wordn
of Luke 6. They shall giue you, and put into
your bosomes a good measure and perfect^ well
fiiied and heaped vp, and running ouer.
6. If God bee, temporall lords may lawfully
and meritoriously take away the grxSds of fur-
tune from the Church when they due offend
liahitualiter. — ^Tliis conclusion is correlatiue
with the iirst article of our faith : T beleeue in
God the Father Almighty, &c. Where I vn-
derstand this word (may) in this conclusion
after the maimer of autentike Scripture, whi^
saith and grunteth, that God is able of these
stones to raise vp children to Abraham ; for
otherwise all Christian princes were heretikes.
For this conclusion thus standeth the reason:
If God be, hee is omnipotent : and if hee he.
Almighty, hee is able to command the lords
temporajl so to doe : and if he may so com-
mand, then may they lawfully so take away
such goods, &c. And so b^ the \'ertue of the
same princij>le, Christian princes haue practised
the said sentence upon the churchmen hecrcto-
fure, as did \Vilii;uii Rufus, \'r. But Gud for-
bid that anjF should belccuc heereby my inten-
tion to haue lieenc, that secular lords may
lawfully take away wtiat goods socuer, and by
what meanes soeuer, by their uwnc uake<l au-
thority at their pleasure : but onely by the au-
thority of the Church they may so doe, in
€»sc8 and forme limited by tde law.
7. We know that it is not possible? that the
vicar of Christ is able by his pure balls, U*\ —
This is manifest by the catliulike faith; foras-
much as the Churcli doth fully l>el('<'ue that thr
enabling uf any man ought first to proreedi- and
come of God; wherefore no m:in bting Christ
his victu*, hath any power in this niattcrr. but
onely as vicar in tho nnine of the Jjord, so fan'e
forth as hee is enabled of tlie I^fird, to notifie
\-nto the Church wlvim God hath enahli-d.
W'hert'fore if any uiiui due any tiling, not as
vic:ir in the name f)f the Lord, whom lieou^ht
to forethinke to Im? \\a author and head ; it is a
presumption of l^ucifer, forsrmmch as Christ by
nis Apostle saith, 1 (Jur. 3. All our nbiHtie or
sufficiencie comnifth of God. And so conse-
quently, it aumncth not purely by the ministery
of his vicarshi|), that he is enabled ; but the
abJcne&9e or viMbUiwwe of ium, being the
vicar of Cluist, commeth to him another way
from aboue.
8. A man cannot be excommunicate to hit
hurt or vndoing, except he be excommunicate
Grst and principally of himselfe. — It is euident,
ibrasinuch as all such excummuniaition ought
to pruci'ede and bejun originally of his owne
sin which is damnihed : wliereupou Augustin
saith, De verbis Domini Sermonf 51. Doc not
thou conculcate thy selfe, and man ouercom-
ineth thee not. And moreouer the faith of the
Church doth teach, quod nuUa ci nocthit aduer^
titaSy si nulla dominetur iniquitas : that is to
say ; No aduersitie shall hurt, if no iniquitie
hath the vpperliand. And yet notwitlistanding.
cuery excommunication for many causes is also
to be feared, alilumgh that t lie excommunication
of the Church, to the humble man being ex-
coiinnuiiicated, be not damnable bat ivholsome.
9. No man ought but in God's cause alone
to excommunicate, suspend, &c. — It is cle;ire,
forasmuch as euery iust cause is tlie cause of
God, whose resp(*ct ought chiefly to bee weigh-
ed and pondred. Yea, the loue of the person
excommunicatt*, ought to surmount tlie zeale
of reueJigement, and the desire of all temporall
goods whatsoeuer ; fur otherwise he that doth
excommunicate, doth damniiie liimselfe. To
this 9. conclusion notwitlistimding it is con-
gruent, that a prelate may excoiiiinunicaie in
tlie cause also ot man, so that liis piincipall re-
s|ject in so doing bee had to the iuiury done to
his God^ as appeareth 13. qu^est, 4. tnttr qut*
reias,
10. No curse or excommunication can bind
shnply, but in case it be giueii out against the
aduersarie of Clvist's law. — And it appearetli
thus, because that God doth binde shnply euery
one that is lK>und, who cannot excommunicate
but onely for transgression of his law. Where-
nnto it is consonant notwithstanding, that the
censure of the Church doth not binde simply,
but secondarily in that ctise and res|>ecr, as it it
denounceti against the aduersary of the mem-
liers of the Church.
H. Tliere is no example of Christ, \%hich
giueth power to his <lisciples to excommunicac
any subiect (especially for denying of any tem-
iioralties) but contrary. — Whirliis thus declared
liv ilu- faith, whereby wee beleeue that God is
to be lieloiu-d aboue all things, and <iur neigh-
liour :inri enemy are to \>cv l>eloued aboue oil
temporall coods of this world necessarily ; tor
tlu' law of Go<l cannot lie contrary \ nto it selfe.
IQ. Tlie disciples of (.-hrist haue no power by
any ciuil coaction to exact teniporid things by
their censures. — This appeareth bv the faith of
the Scriptun', Luko 23. VVhere Clirist difl for^
bid his AfMiBtles ciuilly to niigne or to beare any
lordship. The kings (saith hee) of tlie Gentiles
heart! rule ouer them ; but you w^t so. And
afitrr this sense it is expounde<i of S. Beninrd,
of S. Chrvsostoine, and other holv men : which
conclusion notwithsnmding, yet iiuiy the^' exact
temporall things by ecclesinstical censures inci-
dently, if else bc! that it appertaine to the re-
uengeinent of their God.
77] STATE TRIALS, 0 RicHAitD II. liM.-^olmWkklife,/orJImff.
[7»
13. It ii not powible by the absolute power
of God, that if tlie pope or any other Cliristinu
A) pretend to hinde or loose at their pleasure
\tj iifaat meanes soeuer, tliat thereby lie doth
ip bfode and loo«e. — The contrary of tliis
aoocluuon wiJI de&troy the whole CathoUke
fiwh, importing no lesse but liim to be a
hinphfrner which so vsurpeth such absolute
rmcr of tlie Lord. iVnd yet hy tliis conclusion
£Send not to derogate from the power of the
fsft, or of any other prelate of tlie Church,
M diat he may by the vertue of the head so
bade and loose : But doe vnderstand the con-
(kiaiiall of this ue^^atiue (to be impossible) after
uW sense, that it cannot be that the pope or
uv other prelate of tlie Church can pretend hy
hnsdfe to binde or loose (how and allcr what
■Miner hee list hiinselfe) except in such sort,
(hu face doe indeede so binde and loose before
God, as hee doth pretend to doe.
I4w We ou^ht to beleeue, that the vicar of
Christ doth at such times onely binde and loose,
«beo as he worketh conformably by the law
sod ordinance of Christ, ^c. — The reason
iKereof is this, because otherwise it is vnluwfull
W him so to doe, except he should do it in the
vertue of that law ? and so consequently, vn-
k^ieic be oonfomiablc to the la^ and ordinance
Bfthnst.
15. To this conclusion, this ought \*niuersa]ly
I'J be Lelceued, that euery priest rightly and
Mj ordered hath power accordini; to his vo-
OHJun, &c. — ^The reriAon hereof is this, because
li^ ihe order of prie<!tliood in his ownc nature
ladiubetance receiueth no such decrees, either
•f man or lesse. And yet notwitlistanding,
il>e yomtr of infmour priests in these dayes, is
v^A dw consideration restrained, and some-
^'■ici ti^e, in time of extreeme necc»s&itie,
nitwd. And tfius according to tlie doctors,
'* fnhle hath a double power, to wit, the
fv»«r of order, and the power of iurisdiction or
n^ikua. And uccordinc; to this second power,
^ prtlats are iu a liii^lier maiesty, and regi-
Mar.
M. It ia law full for princes and kings (in
Uici by the law limited) to withdraw temporall
MiOMMliiics from churchmen, abusing ilie
■■c kabituatiUr. The reason thereof is
fliiae, for that temporall lords ought rather to
4Meto tpirituall nlraes, wliich bringcth with
it peat fruiie, than to corporall almes the case
to itandioi;, that sometime it were a necessary
■wkc of spiritual] ahncs, to chastise such
wki by taking from them their temporall liu-
^^ uliich vsc to abuse the same to the dam-
K^ag both of their soule and body. The
ONI wbicli the law doth limit in this matter,
•ec the defect of correcting his spiritnail
M, or else for lacke of correcting the ftiith of
^cierkc which so oflendeth, asappeareth, 16.
\ T. iJfjs Disf . 40. cap. Si papa.
17. Whether they be temporall lords, or any
*^ raeii rnhMtioruvr, which hauo endued any
i^atcb aith temporalties, &c. — ^The trnth
"'■%if IS ruidenliy seene, tor that nothing
H^ to Slop A flS^a fnm the priocipmll works
of charitie necessarily, because in euery action
and worke of man is to be vnderstond a priuie
condition necessary of God, his good will con-
curring withall, as it is in the ciuill law de c.
Conradi cap. 5. in fine collat. z. And yet God
forbid, that by these words occasion should bee
giuen to tlie lords temporall to take away the
goods of fortune from the Church.
18. An ecdesiasticall minister, yea, the hi-
sliop of Rome may lawfully be rebuked of his
subiects, and for the profit of the church be
accused, either of the clei^gic, or of the laitie^^
The proofe of this is manifest hereby, because
the said bishop of Rome is subiect to fall into
the sinno against the IIol^ Ghost, as may be
supposed, sauing the sauctitude, humilitie and
reuerence due to such a father. For so long as
our brother is subiect vuto the infirmitie of fall-
ing, hee lyeth vndcr the law of brotlierly cor«
rection. And when the whole colledge of car-
dinals may be slothful] in ministring due cor-
rection for the necessary prosperitie of the
Church : it is apparent that the residue of the
body of the Churcli, whicli possibly may stand
most of lay men, ma^ wholesomely correct the
same^ accuse and bnng him to a belter way.
The possibilitie of this case is touched, Dist,
40. bi Papa. If the pope doc erre from tho
right faiili, &c. For like as such a great fall
ought not to be supposed in tlie lord pope
without manifest euideocei so againe, such an
ob&tinacic ought not to bee supposed in him^
possibly beins fallen, hut that hee will humbly
receiue the wholesome medicine of his superior,
correcting him in the Lord. The practice of
which conclusion also is testified in many Chro*
nicies. Farrc bee it from the Church of Christ,
that vcritic should he condemned wiiich sound-
eth cuil to transgressors and otlier sloth full per-
sons, for then the whole fliith of tho Scripture
were in a damnable case. — ^Thus lohn Wick-
liflfo in giuing his Kxposition Tnto his foresaid
propositions and conclusions, as is aboue pre-
fixed, through the fauour and diligence of tlie
Londoners, either shifled off the bishops, or
else satisfied thcin so, that for that time he was
dismissed and scaped clearely away, onely being
charged and commanded by the said hishops,
that hee should not teach or preach any such
doctrine any more, for tlic oftcnce of the lay
people.''
About the same time alto, ahout S yeeres
after, there fell a cruell dissention in England,
betirecne tlie common people and the nobilitTf
the which did not a httle disturbe and trouble
the coroinonwcnlth. In this tumult Simon of
Sudbury archbishop of Canturbury, was taken
by the rustical I and rufle people, and was Ije-
headed. In whose place after succeeded Wil-
liam Courtney, which was no lesse diligent than
his predecessor had beene before him, in doing
his diligence to roote oat heretikes. Notwith-
standing in the menne season Wickliffe's sect
increa*)ed priuily, and dayly grew to greater
force, vntill the time that William Barton
vicechancellor of Oxford, about the yeere of
our Lord 1380, had the whole rule of that Vai-
79]
STATE TRIAI5, G Richard II. I SSy^-Proceedings against
[80
irersitie : who calling together eight monasticall
doctors, and four otlier, witli the consent of the
rest of his aihnitie, putting); the common seale of
the Vniuersitic vnto certaine writings, bct forth
an edict, declaring vnto cuery man, and thrcat-
ning them vnder a grieuous penahie, that no man
should be so hardy, liereafter to associate them-
selves with any of WicklitTe's fautors or fauou-
rers: and vnto WickliflTe himselfe he threatned
the greater excommunication, and further im-
phsoameiiT, and to all his fautors, vnlesse that
they aflcr three dayes canonical! admonition
or warning, or as they call it, pereniptorie, did
repent and nmend. The which thing when
Wickliffe vnderstood, forsaking the pope and
all the clergy, hee thought to appeale vnto the
kings maiesty : but the duke of Lancaster com-
ming between, forbade him that he should not
hereafter attem])t or begin any such matters,
but rather submit himselfe vnto the censure
and iudgement of his ordinary. Whereby Wick-
liffe being beset with troubles and vexations, as
it were in the middestofthe waues, he was for-
ced once ngaine to make confession of his doc-
trine : in the which his confession, to auoide
the rigor of things, hee answered as is afore-
said, making his declaration, and qualifying
his assertions after such a sort, that he did mi-
tigate and asswagc the ri^or of his enemies. —
The next yeere after, which was 1382, by tlie
commandement of William archbishop of Can-
turbury, there was a conuocation holden at
London, where as lohn WickliiVc was also
commanded to be present. Rut whether he
there appeared personally or not, 1 fmdt; it not
in story certainly aflirmed. The mandate of
the arciibishop William Courtney (sent abroad
for the conuenting together of this councell)
here foUoweth vnder written, trucly copied out
of his owne regibtcrs. — Memorandum, that
where ah well amongst the nobles as commons
of this realme of England, there h:ith a cer-
taine brute bin spread of diuers conclutiiions
both erroneouA, and also repugnant to the de-
termination of the Church, which tend to the
subuersion of the whole Church, and to our
prouince of Canturburic, and also to the sub-
uersion of tlie whole realme, being preachcMl
in diuers and sundric places of our s:iirl pro-
uince, generally, commonly, nnd puhlikcly :
Wee William by Gods permii^sion Arrlibishop
of Canturbury, Primate of all Kncland, and
Xtegate of the Sem Apostolical), being minded to
execute our office and duty herein ; haiie
conuocated or called together certoinc our fel-
low brethren and others a great many, as well
doctors and bat(*helers of diuioity, as doctors
of the canon and ciuill law, nnd those whom we
thought to be the most famous men, skilful lest
men, and men of soundest iudcement in religion,
that were in all the realme, whose names here-
under ensue. And the saini* being (the 17 day
of the moneth of May) in the yeere of our Lord
1389, in a certaine cliainber within the territo-
ries of tlie priorie of the friers preachers of Lon-
don, before %'S and our foresaid fellow brethren
assembledi ch«o and there pcrsonaUy prcient :
After that the said conclusions (the tenor
whereof hereunder ensueth) were openly pn»-
lioned, and distinctly and plainly read : We
burthencd our foresaid fellow brethren, doc-
tors, and bachelers, in the hiith wherein they
stood bound to our Lord Je^us Christ, and as
they would answer before the high Judge in the
day of Judgement, that the^ sliould speake their
opinions touching the said coiiclusionSy and
what euery of them thinketh therein.
And at length, after good deliberation had
vpoii the premisses, the foresaid our brethren
the bishops, dixrtors an<l bachelers, reassembled
before vs the 21 day of the same moneth in
the foresaid chamber, the foresaid Conclusions
being ogsiine and againe repeated nnd plainly
read ; by vs and by the common consents of ts
all it remaincth published and declared, cliafc
some of the said conclusions are hereticall, and
othersome erroneous and contrary to the de-
termination of the Church, as hereafter most
manifestly shall appeare. And forasmuch as
by bufHcient information we find and perceiue,
that the said conclusions in many places of
our said prouince hauc beene, as is said, both
taught and preached; and that diners other
Eersons doe hold nnd maintaine the same, and
e of heresie vehemently and notoriously sus-
pected : wee haue thought good, us \\e\\ gene-
rally as s)>ecially, to si'iid out this processe vn-
derwritten.
The names of the lurers were these. — Iin-
primi«, 7 Bishops, Canturbury, Wmchestefy
Durham, Kx(:eter, HcreforH, Sarum, Rochester,
and Frier Botlesham, B. — Item, 3 frien
preachers^ Si ward, Paris, Langley. — Item, 4
miiiorites, Foluile, CaHel, Fristy, B<^mwel.—
Item, Au>;ubtinc friers foure, Ashborne, Bow-
I kin, Woldley, ]ioriiingtf>ii. — Item, Curmelitet
•1, Glanuile, T)h, Loney, Kiningham. — Item^
Monkes 4, Wels, iUmsey, Bloxaui, Maxtoo.—
Item, doctors of the canon and ciuill law M,
Appelby, Waliroin, Baketon, Chiuksen, Tre^
gisioii, blow, Blanchard, llocombcy, Lidford|
Welbournc, Flaineburgh, Motrum, Brandon
and Prophet. — Item, Bachelers of Diuinitie 6^
llumbletoii, Pickwech, Lindlow, Wich, Chisel-
den, Tomson. — The articles of John Wickliffii
here aboue specified, whereof there were 10^
which were by these friers condemned as hei«-
ticall, the rest as erroneous, here in order fi>l«
low, and are these. Although it may bc«
tliought, that some of them were made worse
by their sinister collecting, than he meut
them in his ownu workos and writinns.
The Articles of lohn WicklilFe, condemned
as hereticall. 1. The ^ubstance of inateriaU
bread and wine, doth remaine in the Sacrament
of the Altar after the cun^ecration. 9. The
accidents doe not remaine without the subicct
in the same sacniiiiei|t, after the consecration.
3. That Christ is nf»t in the sacrament of thf
altar (ruely nnd really, in liis proper and ooi^
uorall person. 4. That if a bishop or a priest
be m deadly sin, lice doth not order, come*
crate, nor baptize. 5. That if a man he dolj
and truely contrite and penitent, all exteiwHr
SI] STATE TRIALS, 6 Richard 11.
■nd outpr confes^on is but soperflnous and
c:iprofiialilc unto him. 0. Tliut it is not found
cr buMi«lierl by the Ouspoll, liiat Christ did
Biu.e or urd:iine masse. 7. If the pope he a
nririUitc uiid euiil iniui, and consequently a
Bicmter ofthe Oiuell ; hce huth no power by
a>iT manner of inclines giueii unto liim oucr
faidifull Cliiisiians, except pcniduenture it be
p^iCfi h'.in Train t!ie enipernur. 8. Tlint since
iut liine (jf L- rhan the 6, there is none to be
Rtbued for pofie, but eucry man is to hue tif- :
tertbe manner of the Greeksi vnder his own
hw. 9. Thrti it ifl against the Scripture, that
cccle«iasticall iVIinisters should haue any teni-
fordl po'5*'e^«io!i».
Ttie other Articles of lohn Wickliflfe, con-
demned asi erroneous. 10. That no prehitc
osg'it to cxcummunicate any mcin, except hee
kaew him first to be exconiii'.unicnte of God.
IL That ^le, which doth so cxcommunicute any
■Uf id thereby hirnselfe either an hcretike or
eichmmnnicnted. 12. That u prelate or bishop
ncfjoiniunicatinji; any of the clergy, which huth
appealed to the king or the councell, is there-
by himsclte a traitor to tiie king and renlme.
13. That ail such, which d'>e leauc oil* prrnch-
in^ or hearing the Word of God or preaching
of the Gu>pell, for feare of cxcumnuinication ;
itfT are already exconnnuuicatcd, and in the
13S3. — J(^n WkkKffCyfor Herefy. [82
4a
Tnio
ij of iudgenient shall be coiMiSe^l as traitors
tlo God. 14. That it is lawfuil for any man,
•iiher deacon or priest, to preach the Word of
C«od without the authoritie or licence of the
ApRft alike Se.i or any other of his cutholickcs.
15. in'^ That 6«i long ;l> a man is in deadly sin,
fc«ti%Beither bishop nr»r prelat in the Church
wGod, 16. (b) Also that iht* temporall lords
*i3,K?'3rdii:g tu their own will and discretion
lxkei«)f the leinporall goods from ihochsmh-
■«* »i<a-oe«cr ihey 4loe ottend. 17. Tliat
USKiflire pure ulines, and thiit the parishioners
■■7, tjr oiFcnce of their Curats, dctuine and
^f.e them back, and bestow them vpon others,
It r.heif owne will and pleu^ure5. ItJ. Also
that all speciall pray^'rs applycd to any priiiate
tfpirticuiar person, by any pretat or religious
■in, df>e no more profit the same pers'jn, than
fincrjiil or miuersall prayers doe profit others,
*{.:(.-.') bee in like case or stale vnto him. 19.
HbreouLT, in that any man doth enter into any
{r;oatcr<lis;ion, whatsoeucr ii bee, hee is there-
y ru\dc fi.e more vnapt and vnablc to ohscrue
►hI ktfcpe the Comniandcments of Goci. '20.
T)at U'-ty men which haue in!>tit.utcd priuate
tiigiors, V. iiatsopuer ihey be (as well such as I
ttind'jed at.d possessed, as also the order of
^riiif friers IjLiuifig no possessions) in so <lii-
■2, haue ^utWiwXy oflVnded. 121. That religi-
on mrn, liciu;; in their priuute rtli<;ions, arc
Wof tf.e Christian relisioa. U'l. That friers
Kt \fym\\vii to &;ei liicir lining by the labour of
'ff J Ihir aitirle peradunitiirc whs not s'l
tTipu ment rif lijiik as it wa^ gatlicred of them,
• 'i-Tt'ir**^ rid.
(\tj l\ii% Mi tide cxpoundeth the ix article:
their hands, and not by begging. 23. That
wliosocucr doti) gine any alnies vnto friers, or
to any begging obscruant, is accursed, or in
danffer thereof.
The letter of the Archbishop directed to the
Bishop of London, against luhn WickUtVe and
his ndhcrenis. — William by Gods permission
Archbishop of Canturburie, Metropolitane of
all Kngland, and of the apohtolicall Sea legate ;
To our reuerend brother by the grace of God
bishop of London, salutation. iTie prelats of
the Church ought to bee so much the more vi-
gilant and attentiue about the charge of tlie
L'lrds flocke committed vnto thein : how much
the more they shall vnderstanJ the Wolues, be-^
ing clothed in sbrepes apparell, iraudulently to
go about to worrie and scutier the sheepe.
Truely by the continuall eric and bruicd tmno
(whicli itgricueth me to report; it \> ometo our
knowledge that although by the canonicall
sanctions, no man being forbiJdcn or not ad-
milted, should either publicly or priu:ly without
the authoritie of the apostolic dl Sea or bishop
of that pluci', ^tfurpe or ta!;o vpon him the
office of a preacher: Some notwithstanding,
such as arc the childriMi of damnation, being vn-
der the vale of blinde ignorance, are brought
into such a doting minde, that they take vpon
them to preach, and are not allrai'l to afiirme
and toache diuers and siindrie propositions and
conclusions here vndr r rccitid, bf»th heri'ticall,
erroneous and faKe, coiuh miu'd by the Church
of (sod, and rci-usj^narii to ilu' decree of holy
Church, which tend to the stibiicrtinK of the
whole si II 1 1: of the same, of our pronince of
Canturbiirii', and ti) ilu- dcstrucuoii and weak-
iiing of (h(! tran(|Militi«? of tlie ^a'lie ; and that
as well in thr cimrclus, as in the streets, as
also in manic other incphane phictsof our >aid
pruuiiice, y:eneraly, cunMiily iuid [ublilily, do
preach the safne, Infccnng very many good
chrisiiHiis, causing the4ii hiiiunt-.dijy to wander
out of the way, and t'n.m thecitln'like Church,
without wl<i(-h tlierc is no saluation. We
(hociorc, c'Mirjideriiig that so pcrnii ious a mis-
cliicfe, which may crecpe ainongtt mniiie, we
ought not to siiH'er, and by di>^iniulation to
rms-^e oisc r, whic.'i may with dta<llv contatiioii
sUiy the soulcs cf men, lest llurir 1.1 —id he re-
quired at our hands ; are willing so much as
Gi>d will permit ^s to doe, to extirpate the
same. Wherefore, by the rounscll and con-
sent of innnv of our bretlieren and Sunfracans,
wet' hniie conucntcd diners and sundiie doitois
of diniiiitic, as also professors and other cUrks
oftlic caiuni and ciudl lawes, the best learned
within the realme, and of the most s''>undest
opinion and iudL^enient in the caiholike faith,
to giue their opinions and iutit^cinents Ci>ncern-
ing the fole^aid conchi^ioiis. But forasmuch
as tin* •jaid c'*nchisioiis and asser:ioiis. heing in
the prrsenee of vi, and our fellow brcthien and
other coiiU'ic:ite«-, opt nly expnunded, and dili«
gently examined, \^cre in the end found by
common counscii and c<«nrreiit a^ will of thein
as of is, and so ded.irtd that ^ome of those
Conclusions were hcrcticuU, and some of them
• dU I.
8S]
STATE TRIALS, 6 Righajid II. IS^S.^ProeeedmgBagami
C«4
erroneous, and rcpu|rnant to the determination
of the Church, as licreunder are described.
We will and command your brotherhood and
by venue of holy obedience straitly iiiioine all
and singular our brethren, and Mutfragans of our
bodie and Church ot Canturburic, that ^viih all
speedie ddigence you poMibly can you like-
, wikecnioine them (as wee haue eniuined yuu)
and eucrie of them. And that euerie one of
them in their Churches aad other places of
their ciiie and diocebse, doe admonish and
warne, and that you, in your Church and
other Churches ot your citie and dioces doe
admonish and wame, as we by the tenor of
these presents due adroonibh and warne the
first time, the second time, and the third time ;
and yet more straitly doe warne, assigning for
the iirst admouition one day, for the second
admonition another day, and for the third ad-
monition canonicall and percmptorie, another
dav ; That no man from henceforth of what
estate or condition soeuer, due hold, preach,
or defend the foresaid heresies and errors or
any of tliem ; nor that he admit to preach any
one that is prohibited or not sent to preach,
nor that he heare or hearken to the heresies or
errors of him ur any of them, or that hee fauour
or leane vnto him either publikely or priuily ;
but that immediately hee shun him, as he would
auoid a serpent putting fortii most pestiferous
]>oison, vnder paine of the greater curse, the
which wee command to bee thundered against
all and euerie one which shall be disobedient
in this behalfe, and not regarding these our
monitions, after that those three daies be past
which are assigned for the canonicall moni-
tion, and that their delay, fault or offence
committer! require the same: And then accord-
ing to the tenour of these writings, we com-
mand both bv euerie one of our fellow bre-
thercn and our suHra«;ans in their ciiics and
dioceb, and by you in your citie and diocesse
(so much as helongeth both to you and them)
that to the vttermost both ye and they cause
the same excommunications to be pronounced.
And furthermore woe will and cummand our
foresaid ftUow bretheren, and ail and singular
of you apart by your selaes, to bee admonished
and by die aspersion of the blood oflesus Christ
wee hkewise admonish you ; that according to
the institution of the Sacred Canons, euery one
of them in their cities and diores, bee a diligent
inquisitor of this hereticall prnniiie ; and that
euery om.' of yuu also in your cities and dioces
bee the like in({ui*«ilor of the foresaid hercticnll
pnuiitie : Ancl that of such like presumption
they and you caretully and diligently inquire,
and that both they and you (accord inp to your
duties and oftiee in this behalfe) v\jrh elft ct doe
jMoeeode against the ^anie, to the honour and
jMui.'se of his name that was crucified, and for
[•''*• presvTuation ol"ll;e Christian faith and re-
iiki )n.
Here is not to be passed oucr the groat mira-
<^»ji ot (lods djuinc admonition or warning ; for
^*"eii :,5 ||;(. archbishop anrl sunVajrar.i!, \\i\\\
tne other doctoia of diiiinili<?, iu»d law vers witJi
a great company of babling friefs, and rdifcioufl
persons were gathered together to consult as
touching lohn Wicklides kicks, and that whole
sect ; when as I say, they were gathered to-
gether at the gray friers m London, to begin
their businesse, vpon saint Dunstans day alter
dinner, abimt two of the clocke, the very houre
and inntant tlial they should goe furwaid with
their busine^se, a wonderlull and terrible eartb-
quake fell tiiroughnut all Enj^land : whereupon
diuers of the suflfragans, being feared by the
strange and wonderlull demonstration, doubtipg
what it should meane, thought it good to leaiw
oHT from their determinate purpose. But tlie
archbishop (as chiefc captaine of that amy,
more rash and bold than wise) interpreting the
chance which had happened cleane contrary to
another meaning or purpose, did contirme and
stiengthen their hearts and minds, which were
almost daunted with fearc, stoutly to proceede
and goe forward in their atternpted enterprise.
Who then discoursing Wicklifli's articles, uat
according vnto the Sacred Canons of the holj
Scripture, but vnto their owne priuate affec-
tions and traditions, pronounced and gaue sen-
tence, t hat some of them were simply and plaincly
hereticall, other some halfc erroneous, other
irreligious, some seditious, and not consonant
to the Church of Rome. — Item, tlie twelfth day
of June, in the ycere aforesaid, in the chamber of
the friers preachers, the foresaid master Robert
Higge, Chancellor of the Vuiuersitie of Oxford^
and ThonuLs Brightwell professors of diuinitie
(being appointed the smuc day and place, bj
the foresaid reuerend father in God archbishop
of Canturburie) appeared before him in the pre-
sence of the reuerend lather hi God, lord WiUiam
by the grace of God bishop of Winchester and
diners other doctors and bachelors of diuinitie
and of the canon ciuill and law, whose names are
befuro recited. And first the said Chancellor
by the said lord Archbishop of Caiiturbury,
being examined what his opiruon was touching
the foresaid articles, publikely affinned and de-
clared, that ce:tain of those conclusions were
hereticall, and certaine erroneous, as the other
doctors and clcrkes afore mentioned had de-
clared. And then immciliatilv next after hira,
the foresaid Thomas J3ri;;htwc[l was cxarainedp
which vptm sou)C of the conclusions at first
somewhat stacj^ered, but in the end, beijg by
the said Archbisiiop diligently examined vpoD
the same, di<l aAirme and repute the same to
bee htreiicall and erroneous, as the foresaid
Chanctrilor had done. Another Bachelor of
Diuinitie also there was named N. stanrnicring
also at some of those conchisions, but in the
end atiirmed that liis opinion therein was, as'
ui:^ l!<e iu«li:emeiit of tlu; foresaid Chancellor
■ and Tlioinah as is abone declared. Whereupon,
the iijid lord Archbishop of Canturbury, will-
. in<: to let and hinder the pcrill of such heresies
I ami eiTours, dchuercd \nLo the foresaid Chau-
I cel'.(!i:r, there being puVilikely read, his letters
; patciii-j lr» be execntt^d, the tenor whereof in
, thi's;: uoriis doth follow.
William by the grace of God arciib'shop of
i
S5] STATE TRIALS, 6 RrciuRD 11. 1333.— JoAn Wickliffcfor Heresy.
[8(3
Cantiirburie, primate of all Rnglaiul, and le^te
of ihe stpn^tulicnll Sea : To (>ur welbdoiiecl
vTiine in Christ the Chancellor of the Viiiuer-
NtieorOxford, within the diocessvof Lincolnc,
{P>etin«, Rracf, and benediction. The prelats
oi'lbe Church, about the Lr>nls llocke conunit-
led to their charge, ou];;lit to he so ronrti more
rsiUnc as that they see the Wooife, ci<;thed in
dire- s attire, fraudulentlv eo about tu worrie
wi Ki^tter the sliecpc. Doubilesse, the cum-
Bi« fame iind brute is come vntu our earcs,
i\ Vt in mandaio pr^ccdenti. Wee will
i&Htfore and cninmand, straitly inioyning you,
tb*t in tl*e Church uf our blessed Ladle in Ox-
/brrf, Tpon those daies in the which nccusiomu-
l> the sermon in made, os also in the schoolcs
of the said Vniuersitie vpon those daies the
Lectures bee read, yce publi'))! and cause by
ochen to bee published to the clcrgie and peo-
ple, as well in tlieir vulg;ir tontruc, us in the La-
linc tongue, nianilestly and plainely without
mj curiuus implication, the saine hereticall and
envineous mnclusionH, sf> repugn;'.nt to the de-
tefnunation uf holy Cliunrh, as is aforesaid ; to
kioe beene and be condemned ; which conclu-
i^inf wee also declare by these our letters to
bee«tterlv condemned. And that furtheniiore
jua forbid, ami canon ically admonish and cause
to kee admonished, as wee by the tenour of
ibbie presents doe forbid and admonish you,
ODce, tnice, and thrice, and that peremptorily
tiun Done ht reafter hold, teach, and pre.ich, or
Mnti t(«e Iteresics and errors abouesttid, or any
of tUrnn. eitlier in sch'iole or out of schr>ole by
ny ft/phi^ticail cauiihition or otherwise : or
not anv admit to preach, liere or hciirken vnto
l^Wirkti^V*, Xichnlas llerlord, Philip Kep-
yn:itua. ciii-m regular, or lolin Ashton, or
L::4mrc Re«hiian, which be veliemcntlv and
un-fr. ittiT suspected n\' hcrcsic, or else any
otfcpr 'iiuCvKMur, •♦o suspectcl or ciefiuiied ; or
fkJt euhfr priuately or publikcly they either
Mide nr lauour them or any of tlieni, lliut that
■nmnaently they shun and auoidc the same ns
I ^frpcnt which puttcth forth most pestiferous
p^nin. And furthermore wo suspend iho said
mfficcicd pc'TH'JnB from nil scholasticuU act, till
ivL ti*nf> a% th« y slnll pui^^e themselues hetore
n in ihii behnlfe: and that you denounce the
Vine puhlikely by 1*3 to banc becne and he sus-
f«uHed ; a'ld tliat yce dili^ently and faithfully
eaq-irrr of all their fantor^ nnd fau'iurcrs, and
emr t>i hi c enquired throihiliout nil the halls
9f the sail! V'nincr^itic. And that when you
liall h:>ae inrelliiienre of their names and per-
*rft, that ye conipell ail and euerie of them t(»
•l^iirr rhr-ir outrages by ecclesiastical I censures
Di>»iiM«r p3incs canonicall whatsiM'uer, vnder
p:ne of Mtt; irreater curse, the which acnin!»t all
■id ifA'ZniAr the rebellions in this helialfe, and
^Mhevmsr our monitions, wee pnmounce : so
tiBi ilieir t'^iilt, deceit, and offence in this he-
^i^de»ertie the anmefthesaiit monition of ours
^flC firvt M'nt) which in this behidfc we esteeme
lid ail»w canonicall, that then and ngaii'.e
■r&-«nhn? Co the effect of tlicse our letters, &c.
Tl» Alimilutiau uf all and siugular such, which
courc 01 ivouie. >irncrc noie ^gcntie rean*
for thy better vnderstnndiiig, the practice oft
Romish prelats in seeking the king's heipe
further tlieir bloody purpose aeainst the co
shall incurre the sentence of this instniment by
vs sent forth (which God forbid) wee specially
resenie rnto our selues : exhorting vou the
Chancellor by the afipersion (»f the blood of
lesiis Christ, that to the vttermost of your
power liereafter you doe your rndeauour, that
the clergie and people being stihiect vnto yo'i,
if there bee any ivhich Inue straied from the
cathnjike faith bysuchrrrours, may bee brought
home agnine to the lauif :ind lionour of his
name that was cruciiied, and presfniation of
the true faith. And further our will is, thvt
whats<»euer you shidi doe m the premises, in
inannrr and forme of our processr in t!ii.<) ite-
halfe it be had and done : an lihut you tor your
part, when you shall be required thereunto,
plainely and distinctly doe certifie «s hv your
letters patents, haumg the tenour hereof^
The archbishop not yet contented with this,
doth moreoner by nil meanes possible sohcite
the king tu ioyne witliali the power of his teni-
fiorali sword ; for that hee well nerceiued, that
hitherto as yf t the popish clfrgie had nor au-
thoritie sufhcient, by any publike law or statute
of this land, to proceede rnto death against any
person what<>ocuer, in case of religion, hut onaly
by the v>urped tynuniy and example of the
courc of Home. Whore note (gentle reader)
the
to
purpose agamst the good
saints of God. Wiiich king being hut young,
and vnder yeeres of ripe iudgement, partly in-
duced, or rather seduced by iuiporiune sutc
of the foresaid archbishop, partly also either for
feare of the bishops (for kings cannot alwaycs
doe in their realines what tliey will) or else per-
haps inticed by some hope of subsidie to be
gathered by the clergy, was content to adioyne
his priuat assent (such as it was) to the setting
downe of an ordinance, which was indeed the
very first law that is to bee found made against
religion and the profcssours thereof, bearing tha
name of an act made in the parliament holden
at Westminster, anno 5. Rich. 2, \^ here among
sundry other statutes then published, and yet
remaining in the printed bookes of statutes, this
supposed statute is to bee found, cap, 5. 4^ v/ti-
mut as followeth.
Item, forsomuch as it is openly known that
there he diners euill persons within the realm,
going from county to county, and from towno
to towne, ill certnine habits vnder di»simulation
oft!r(?at holinc^se, and without the licence of
the ordinaries of the places, or other suthcient au-
thoritie, preaching daily not onely in Churches
and Church-yards, but abo in markets, faire<«,
and other open places where a great congrega-
tion of people IS, diners sermons containing
heresies and notorious errors, to the ti^reat em-
blemishing of Cliristian faith and destincti<m of
the hwes, and of the estate of Holy Church, to
the great perill of the soulen of the people, and
of all tlie realnie of England, ns nmre phimelT
is found, and stifTicieiitly pronued before tlie
reuerend father in (joil the nrchhishop of Caii-
turbury, and the bishops and other prelats^
b7]
STATE TRIALS, 6 Richard II
masters of dminilify rikI ditctors of cnnon and .
of ciuill Inw, aiul a urefet part of the clergy of
the buid realfiir, speciuily ubsembled for tWitt
great cause ; whicii persons due also pi each di-
uera niattci^s uf iilauder, to ini;i.'U.ler discord and
fiissentioo betwixt diueis t-btiitc^i of the said
reahne, as well spirituall as temporally in exci-
ting of tlie people to tho great pcrill of all the
realms : which preachers being cited or sum-
jnoned before the ordinaries of the places, tlierc
to answer to that wherof they be impeached,
they ivill not obey to their summons and coiu-
mandenieuts, nor care not for their monitions
nor censures of thu' Holy Church, but cxpre&ly
despise them; and morcouor, by their subtile
and ingenious word.s, dtte draw the people to
lieare their sermons, and doc maintaine them
in their errors by strong hand, and by great
routs : It is ordained unci as-H^nted in thib pre-
sent parliament, that the king's commisbions
bee made and directed to the shcriiTcs and otiier
ministers of our soueraifrnc lord the king, or
other sutHcicnt persons learned, and according
to the certilications of the prelats thereof, to
bee made in the Chancery from time to time,
to arrest ull such preacheis, and also tiicir fau-
tors, maintaiucrs and abettcr9,an'] to hold them
in arrest and strong prison, till they will ius;iiie
themselties according to the law and reason of
Holy Chutch. And die king willcth and e>ni-
mandeth, that the Chancellor make such com-
missions at all ti:nes, that bee by the prelats, or
any of them shall be cerLified and thereof re-
quired, M U aforesaid.
An Kxaniinution of the foresaid supposed
Statute, and of the inualldity thereof. — Which
supposed bturute forasmuch as it was the piiu'
cipall ground whereupon proceeded all the per-
secution of that time ; it IS therefore not im-
pertinent to examine the same more piiriicnlirly,
wheix'by it shal appeare, that as the same was
frauduknily and vnduely dcui?ed by the preiats
only, so wds it in like- mancr most iniuriously
and vnoniorly exrcutt-dliy tliom. J-'or iiume-
diately vpon thi* puhii»hlng of thii* law, without
further warrant either from the king or his
council, coimni^ions vnder the great si'ale of
England were made in this forme : Richard by
the grace of G«>d, &c. vt patct act. pai*. ,^11.
\Vitne!>se my selfe at Westminster the 'i:i day
of lune, in the m\Oi ycare of our raigne. Witii-
ont more words of warrant vudcr written, such
IIS in li'iie c.i^is are both vsiiuU and rfipii>iie;
\\/., pir i;'»{ntt itf€m : prr /r^* ^ concilium:
or per Off: c J- priuatosifilh. All or any which
words btin^ xitcrly wanting in thi^ place, as
may bee K'cnc in the king's rtC'»rds of that
liin ■ ; it mu'-t therefore be done eitlu-r by war-
rant of thin foresaid statute, or els without any
warrant r.t all. Whereupon it is to be noted,
that wiKreas the said statute appointed the
c.iinniissiona t) be dirt»cied to the shiriifc, or
oilur M.iaisrers of tlie kinj^**, or to otJier suITici-
ent persons learned for the arresting of huch
persons ; the said commissions arc directed to
the arc ii bishop and his sutlVagans, being as it
■ppear«th parties in the case^ autboriziug tbem
] 3SS. — Proceedings agauut the [88
further without either the words, or reasonable
meaning <if the said statute, to impriion them
in their owkc houses, or where else pleased
them.
Besides also, what manner of law this was,
by whom deuised, and by %vhat authority the
same was Hrst made and established, iudge bjf
that that ff>lloweth : viz.
In the Utus of Saint Michael next following,
at a parliament summoned and holdcn at West-
minster, the sixth yeere of the said king, among
sundcry petition? made to the king by itis com-
mons, wliereuuto hee assented, tiiere is none
in tliis forme, article b'i.
Item, praycn the commons, that whereas an
estatute was made the la^t parlament in these
words: It is ordained in this present parliament,
that commissions from the king bee directed to
the shiriflfes and other ministers of the king, or
toother sutiicient persons skilfidl, and according
to the certificats of the prelats thereof, to bee
made vnto the Chanct-rv from time to time, tu
arrest all such preachers, and thesr faiitors,
maiutainers and abetters: and them to dctane
in strong prison, vntill they will iustific tliem-
selues according to reason, and law of Holy
Church : and the king willeth and coinniandeth
that the Ch:inceUor make such commissions at
all times, :is he shall he by the prchits or any of
them ct'rtiiied, and thereof requireul, as is aiore-
said. The which was neuer a(;reed nor granted
by the commons : but whatsoeuer was niooued
therein, was without their a*>scnt : that the said
stiituto be thirefoie disannuik^l. For it is not
in any wjse their meaning, that either theiuseluesy
or such as shall sticceede tlieni, shall be*e further
iustified or bound by the prelats, than were
their ancestors in former times, whereunto is
answered, ilpLiit a Rciy. 1. the king is pleased.
Hereby notwitlistanding tb.e former vniuat
law of an. 5. was re^)ealeHi, and the fraud of tlie
framci s thereof sulhrienlly iliscuucrcd : yet su'jU
men lies was thore made by the prelats, that tliis
act of re|)eale was neuer published, nor euer
siihence imprinted with the rc-^t of the statutes
of that parhaiiiirnt. Insomuch as tl*e said re-
peule being conce>aled, like commissions and
otlit-r prore-tte were made from time to time, by
vertneof the said bastard statute, as well during
all tiie raigiie of this kincr* as euer sitheuce
u:!iiin«t the prote-ssors of r* lij^ion.
Meane while what became of J. Wicklifle
it is not certdin'y knowne. Albeit, so farrc at
may bee gathered out of Waldcn, it appeaveth
ih:it he was banished n:<-l diiiit-n to exile. In
the niennc tinic it i?> not t > hee doubted, but he
was uliuL* durin;; all this while, uheresoeiier he
was, as by hii leit.rr may anpcare, which he
abriut this lime wroie to pope Urbane the sixth.
In the «\hich k-ticr he doth purge hiniselie, that
bring comnrmded to appeare bcfovc the popo
at Kouie, her Citme not; declaring al^o in the
same u brirf(> conre?bion of iiis faith. The
copic of which epistle here followoih.
i'heepibtle of John Wickli.Tc stMit vntnpope
Vrbane the sixth. Anno ISU'Z. — Verily i doe
reioycc to open oud declare vuto cuery
89] STATE TRIAIA 1 1 Richard II.
Ike fjitli which I doe hold, and specially viito
tke bitliop of Rome ; the which foi-boiuuch ns I
due lappo^c to bcc sound ami true, he «\iil
iio«i Willi iijcly coiiiirme my said fuith, or, if it
bte erruntMius, auieiid the Mime. Firsl. 1 su|>-
Ctj chat t!ie Gospell of Christ is the whuie
J of Gods law ; and that Christ, wliicli did
p« the haiue law hiiiiaclfc, I belceue to bo a
icnr man, uiid in that )>oint, to ejiceecd tiie
kiol* the Oospeij, and all otiier parts of the
Scr^urc. Aguiiie, I doc ij^iiie and hold the hi-
ihflpfif H<jine, forsomuch as he is the vicar of
Ct.'iit, here in earth, to be bound nio&t of all
r hrr me:i vntu that law of the Go^pell. For
t«£reAtnes»eaniunsr»t Christs disciples did not
noiist ill worldly di(;iiitie, or honours, hut in
rbe iieere and exact folluiving of Christ in his
hie and manners : whereupon [ doe gather out
of the heart of the law of the Lord, tlint Christ
iirthe lime of his pil>:rimai;e here was a most
poore man, abieciingand cabling off all worldly
nle and lionour, as appeiu'cth by the Gos}>eil
ef Matlh. the 8. and the 2 Cor. 8. chap. —
Hereby I doe fully gather, thai nofailhfuU man
o«chi to fi>lluw, either the pope himMclfc, or
■ay of the holy men, hut in such points us he
hath followed ttie L«)rd Jisus Christ. For Peter
and ibc i'>nn«s of Zehede, by desiring worldly
honour cuntrary to the follow mg of Christs
■eptf did udend, and therefore in those errours
they are not to be follow cd.-^IIercof I doe ga-
ihc:, a^ -a counseil, ihut the pope on>;ht to
Itauevnto the seculur power all tcmpurall do-
■uaio*! and rule, and thereunto eflfectuallv to
■MMie and eihoit bin whole cleruy; for so did
Ckrvt, and specially by his Apostles. Where-
fofc if I haue erred in any of these iK)iiils, I
1388. — Archbishop of York, and others, [90
will most humbly Milimit mv selfc vnto correc-
tion, cuen liy dt.Mi!i ir nc-cebsitie so require :
and if I could liihuur according to my will or
desire in mine owne pcrs'^n, I woMld surely
present myselfe before the bishop of Home; but
the Lord luith otherwise vibiied me to the con-
traric, and hath tnuiiht me rather to obey God
th:in men. ]'orsoinut.*)i ihen as Gtfd hath giuen
vnto our popeiast and true euaii^elicall instinc-
tions: we ought to pray that those motions be
not extiui^uishcd by any su))ile or crafty de-
uice. — And that the p'>pe and c:'.rdinaU be not
moued to d'lc any thir.;; contrary vnto the lavr
of the Lord. Wlicrclore let v» pray vnto our
God, tiiat bee will so >tiiTe vp our \io\ye V'r-
bane the sixth, as he began, that he with his
clergy may follow the Lord Jesus Christ in life
and manners : and that ihcy may teach the
pL'Ople cnV:ctu:dly, and that (hey likewise may
faitldully follow thcJi in the simie. And let vs
speciidly prny that our pope may be preserued
froiii all maligne and mill counsell, which we
doe know tii.it cuill and cnuious men of his
lK)ushold would <:iue him. And seeing tlie
Lord will not sulVor vs to he tempted aboueour
power, much l(*ase then will bee require of any
creature to doe that thing which they are not
able; forsomuch, as that is the plaine condition
and manner of Antichrist.
Whirh John Wicklifte returning againe with
in short spnce, either from h's banishment, or
from some other place where he m as secretly
ke|)t, repaired to his parish of Lutterworth,
where he was parson ; and t!)cre, (juictly de-
parting this mortal! life, slept in peace in the
Lord, in the bcginnint; of the yeerel38l, vpoii
Siluesicrs day.
/£ Proceedings in Parliament asi^ainst Alexander Nevil, arch-
bishop of York, Robert Verc, duke of Ireland, Michael de la
Pole, carl of Siiftblk, Robert Tresilian, lord chief justice of
England, and Nicholas 'Rrambre some lime mayor of London,
and others, for I ligh -Treason : 11 Richard II. a.d. 1388.
[3 llol. Chron. 453. (irarton, 377. Walsing. 334i. 3 Tyrrel,
Hi)5. Eradv, 307- 1 Cobb. Pari. Hist. 1S8.J
These m*;n firing raised from mom est itcs
t'f rhc £ivfiii:- of tlu* kiii!:, and advanrt'd to the
orifee of Privy-(.''innsL-iIi»i>. wire the nu-n wlh>
t«l tiK^finlv ni!f.- of ihi; Cimmionwtndth, \\hich
wltr liitr tiiii: liny «io\i'rnf.l for somi' mumII
i{»Ke with cisrc.hl ildigrnrc, arqniriiig ihtivhy
li^nen'ed romnicn'litions: but not hmn di 1
ti^T tims ^ttH'f 1 1:0 <*hip T'f the kinudoui, for
Miny of liic-in lK:ing of infi-ritjr rank by birth,
nut haijti:; lltcir vi'ins diiruiliivl with iiolili'
WnJ, iljCf were ttu: S4>on4'r eutircd with tiu*
Urt'iiuou* b:iiL'« of vj>ltiptu'in>in("«s, and inli^c't(>d
^dh ri.L* ins.iti iblc itch of avarice; in^omnch
ihit de^ifisiiu tbe authority of tlie kiivj;, iui i
Mdef tini' t.^ke c<>min(>dity of tlie re: dm, and
kii)<:dom, they so wrondit by their policy, that
the kirn; is impovcri'-I.f.l, and the treasury ex-
it.luMcd : upon whiih ilic Co uniims munnnr
at the nuilliplirity of 'l\*nil;-, LrvifS ami Sii*>-
sidics ; the IVer* rrpine tv) .see ibemsyelvi s «|.ft-
«;nicod and tlu'ir inft'rii)is honoured ; and in a
word, the whole kingdom rndurcs an uni\iM'>;d
misery. — ^The nol..ility, >erinn the misOi'aljlo
e-itale wherein the \vh:?!c kingdom lay, bleed'
ingas it were to death, urnedtlu king to suninuMi
a Parliament, to ihr end the Oiievances of the
nation niinht l)e ini|uirv'd into and re Iressed. A
Parliament w.is slioilly atUT held, Ortober 1,
MiVtGf in which, anion:: m.uiy other ArtA, John
Forth im bi^hop of D.iriuun was <li>clnr;;e 1 of
tiiy dc»Uku» to keep up the Kcvenues of the I his odicc of 'lieisiirer, nid John Gilbert biilin
yi]
STATE TRIALS, 11 RiciuftD II. 13ii.—rrocecdingi agaiittt the
[9i
of Hereford appointed in hi!> pince; and Mi-
chael <le la Pole (a) earl of SuiFolk and Chan-
cellor of £n*4land was di»nii»sed troui his chan-
cellorship, and iminediat<:ly after was impeiirh-
ed of high Crimes and Misdemeanors by the
Commons, as follows :
1. " That the said earl being Chancellor, and
sworn to act for the just profit of the king, hatli
purchased of our lord tJie kin<;, lands, tene-
ments and rents to a great value, as appears
by the Ilecord in the Rolls of Chancery ; and
that against his Oath, not re<;nrdiug the great
necessity of the king and reahn, being Chan-
cellor at the time of such purchase made, did
cause the sai.i lands and tenements to be .set
at a much smaller value than really they were
worth by tlie vear, in deceit of the king." [Rot.
Par. 10 Rich' 2. No. 1. &c.]
To this iii>l Article the ei-rl answered to tliis
^Tect : Th'it while he was Chancellor, he nei-
tlicr purchased any lands of the kini!, nor did
he siive any to him, unless when he made him
an eiu-1, he had 400 niiuks per ann. from the
Linz hv w:tv of e\chun::e, for so mucli as he
had by inheritance tmt of the Cu.stoms of King-
Mon-upon-llull, where'jf some part was as-
signed to him by one TyJcman of Limbur^h
And others before he was Cluincellor, and noun?
part since that time; wtiich exchange was tor
the king*s annual aflvant:ti;e ; iis also because
of the sum of 1000 marks paid by the earl
upon that consideration. And he hirther en-
deavoured to prove, that the Oath he had
taken, when he was made (-hancellor, had
another intent than wluit they (the commons)
would put upon it : and yet notwithst'mding
that Oath, he might lawfully take, or purchase
from the king.
Rut the Connnons not being satisfied with
this Answer, replietl thereto, and shewed the
lords tl;e copy of his (the Chancellor *b) Oath,
when he took the (mv.it iSeal into his custody,
being in manner folluwing, viz. ' You shall
* swear tint von will well and trulv »ene our
' lord the king and his people, in the office of
' Chancellor, and will do right to tdl perstjns
' both poor nnrl rich, according to the laws
'and customs of the rcidm, and shall faithfully
' advi*3e the kiui!, and cmiceal his Ciamsels ;
' and you .vliall not know of, nor permit any
' d.iiua^e or disluTisr)n to the king, nor that the
* rijrhts of his crown shall bv any wavs l>e de-
* slroved, if vou can hinder it ; and if you can-
* not hiuiliT it, vou shall then clearly and e\-
* prcssly juake it known to the kin;:, together
* with your f<i it hful Adwce and Connt'el there-
* njion: and you shall always act lor, and nn)-
' cure the profit of the kinsr, in all things where
' you may reavmably do it. So help vou God
' and ihe'H'dv Oo^pels.* — \Vlu»refore tW Com-
mons pt' ;e'l, tint this liein;: read and well;
understooi!, and thv cirruiii»tanc(>s of his said
Ansvier coiis'idvre!, to wit, rhiit he had not de-
nied to h.i\c receixei of ifie <:il> of the king
fin(*e he was made an c:u:l, and beint; then in
(aj He w;\s wn to a itter<2h.uit in Loudon.
tlie office of Chancellor, divers lands and tencs
ments, as is contained in tlie Impeachment, und
it is openly known tl;at he liad received from
the king other lands and tenements, that are
certain and sure, to the value of 400 marks per
annum, in exclumge lx>r 400 marks yearly,
which he had ufion the Customs of Kmgston
upon Hull, that arc casual, and not no sure,
without informing the king of his damage in
that particular : and whereas he the saki Clian-
cellor has idledged, that he received port of the
said lands and tenements so taken in excliange
befoix^ he was Chancellor : the Conmioiis re^
ply that he was tlien sworn of the king*s privy
council, and that allenvards at his being made
Chancellor, was again obliged by oath; and
tint being in the said ofticc, he had agreed Co
the exchanges by him before desired, and had
I'eceived from the king the remainder of the
said lands and tenements in full performance
of the said exchanjses ; and therefore they de-
mand Judgment of the parliament upon his
aforesaid Answer ; which being thought insuf-
ficient by the I>3rds, the following jTudgment
was given, being to tliis eflfect : That since the
said earl had not alledged in his Answer, that
he had obsened his Oath, when lie swore
' that he would not know of*, or suffer any
damage or dislicriscm of tlie king, nor that the
right of' his crown should any ways )>c destroyed
if he could hinder it,* with the rest of the clause
in the S4iid Oath, as is above recited; yet that
he being the principal minister of the kmg, and
knowing his estate, and the necessity of the
realm, liad Uikcn such lands and tenements as
are laid in the said Impeaclunent, und are re«
cited in the first Article : and though he hatk
alledgcMi in his Answer, that the c\i\s so l>estow«
e«l u|)on him, were confirmed in full piu'liameut;
yet since he hath produced no such Record en-
rolled in parliament, tliereft>re it was adjudged,
' That all manors, lands, tenements, and tneir
appurtenances, so received by him from the
king, should be seized and taken into his hands,
to have and to hold them to him, and his heirs,
as fidly as ever they had been before tlie gift
so made of them to the said earl, with the
issues and mesne profits of the same from the
time of the said grant, and which were to be
levied out of the rest of the wiid earl's lands
elsewhere ; yet that it was not the intention of
the kin<!, nor of the lords, that this Judgment
so giun should make him lose the title of earl,
nor vet the 20 marks vearlv, which he was to
receive out of t'he issues anil profits of tlie
county of Sutfolk, bv reason of the said title.
•*. The secoml Article is, "That wlierens
nine lords weie assigiir-l hy the last puriiamenC
to view and examine the State (»f the King nnd
Realm, and to deliver their advice 1k>w tlie
s^uiie might be iniprovfil and amended and put
into better order and uovenianee ; and tliere*
upon such Hx-unination to he delivered to tlie
krii^;, as well bv word of mouth as in writing:
and aliliouiih the said late Chancellor did saj
in full parliament, that the said Advice am(
Ordinance* aliould be put in due execniiou,.y«t
OS] STATE TRIALS, 1 1 Richabd II. l^Bt.— Archbishop qf York, and others. [g^
it wai not done, and that by the default of him
nho was the principtd otfacer or minister."-^
Tbe eari*9 Answer to this being not very ma*
teriai, Li omitted.
3. Item, ** Whereas a Tax was granted by
ike Commons in the lust parliament to be ex-
Mnded according to a certain form demanded
If tbe said Commons, and assented to by the
^ and lords, and not otherwise; yet the
■ones thence arising were expended m aiio-
ikff manner, so that the Sea was not guarded
■ It was ordered to have lieen ; whence many
■Bcliiefs have already happened, and more
ire like to ensue to the return, and all tliis by
ite defiiult of the said Lord Chancellor**' —
This Article the earl denied, and it does not
ippear that it was proved.
4. Item, ** Whereas one Tydeman of Lim-
bur^ ba%'ing hud granted tu him and his
han a gift of 50/. per annum by the king*s
pand-&ther, out of the Customs of Kingston
upon Hull, wliich the said Tydemun Imd for-
ktttd to the king, so that the payment of the
said 50/. per annum was discontinued for 35
%tan and upwants; yet tlie said Chancellor
Lnowing the premises, purchased to him and
ha heirs of the said Tydeman, tlie said 50/.
per annum, and pre>'ailed with the king to
confirm the said purchase, whereas the king
oosbt to hare had the whole profit." — For tliis
Pininse the said earl was adjudtred to make
fine and ranxim, and the said 50/. were to go
to the king and his heirs, with the manor of
Ilb&dete, aud ten murks of rent, which were
ctcfaan^ for the 50/. per annum out of the
caAonsor profits, with tlie issues aforesaid.
5. ^ Ana wliercas the master of St. Anthony
'^u icibi^Diatic, and for that cause the king
tii^'t til have the revenues (being to the value
ofiOOairks yearly) which appertain to him
ia EofjiMuA ; the said late Chancellor, who
€Mght to advance and procure the profit of the
Hazif took to farm the said profits at '20 marks
per aooum, and so got to his own use above
XO uiarkb; and afterwards wtien the true
Ba«rer nominated by (he Pope, ought to have
had tl«e po^scriuun and livery of the said pro-
£u, lie cnuld not obtain the same, till he and
t»u pers'ins with him liecrmie iNiunil by recog-
EizaDcc in chancery of 3,000/. to pay yearly
tb the said Chancellor, and his son, Jolui
IQf}!. per annjm for the term of tlieir two
Lie^.'* — As to tliis, it is adjudged, that the kin>r
iha«lli:tie all tlie Profits belonging to the said
Ktott tit St. Anthony's at the time of the
}«roiri«e; and that for the recoirui/nnce, so
Bii4e, the said earl slialt be awarded to prison,
Md fined und ransomed at the pleasure of the
kii^.
6. Irein, '' That in the time of the late
ClaoceUor, tlMTe were granted und made di-
Hrs charter^, and patents of panlon for mur-
CfB% trea!<v»iii, felonies, 6cc. against the laws
<<f ti* land; and that before tlie cunimence-
■nt of this present parliament, there was
^ ' and Mraied a diarter of certain Tran-
iraatcd Co die castle of Dover, in du>ho-
rison of the crown, and to the subversion of the
pleas and courts of the king, and of his laws.'^
— ^To this tlie Judgment was. The king awards
that those Charters be repealed.
7» Item, " Whereas by an Ordinance made
in the last parliament, that 10,000 marks should
be raised for the rchcf of the city of Gaunt, yet
by the default of the said late Chancellor tiie
said city of Gaunt wus lost, and also a thou-
sand marks of the said money.*' (b) The sum
of the earPs Answers to the reht of these Ar-
ticles, were either by denying some of them,
or confessing imd excusing others; but for all
that he was soon afler czist into tlie castle of
VVindsor, and all his lands, which weie of no
small revenue, couAscated.
Neither did tlie Parliament stop here, but
to provide further for the whole state, they did
hy tbe unanimous consent of the king, pre-
lates, barons, and commons, constitute and
give plenary and absolute power to certain Com-
missioners as well of the spiritualty as of the
temporal ty for the ordering and aisposiiig of
tlie public affairs, according :is to them should
seem best and most necessary for the despe-
rate estate of the Commonwealth, to depress
civil dissensions, and to pacity and appease
the grudgings of the people.
These (c) Commissioners were 13 in number^
and were as follows; Of the Spritualty ; 1,
William Courtney archbishop of Canterbury.
9, Alexander Nevil archbi&liop of York. 3,
Thomas Arundel bishop of Klv, lately made
Chancellor of England. 4, William Wickham
bishop of Winchester. 5, John Gilbert bishop
ofHeieford, lord treasurer. 6, Thomas Breni-
in:;hnm bi>hop of Exeter. 7, Nicholas abbot
of Waltham, lord keeper of tl»c privv seal.
— Of the Laity. 0, EdinonJ Langley Juke of
(b) WaUinuham relates, that all these Arti-
cles abo\enienti')ned were so fuUv proved, tliat
the carl could not deny thein ; insomuch that
when he blood upon his Defence, lichtid iiothini;
to say forhimsell': whereupon the king blushing
for hiin, hhouk his head and said, * Alas, alas,
Michael, see what thou ha^t done.'
(cj The Coinnu<sion, which is among the
Parliament llolls, 10 Rd. 2. part 1. M. 7. men-
tions but eleven Comniissioncrs, omitting the
bishops of Ely and Hereford, and was in sub-
stance as follows: '* That the king of his own
free-will, und at the retpiest ot' his Lonls and
Commons had changed the Great Otlicers of
the crown abovementioncd, for the g'Mid go-
veriiiuent of the kin!;dom, the good :ind due
execution of tJie hiws, nnd in relief of his own
state, and ease of his people ; and had ap-
pointed eleven Coinniissioners. viz. William
archbishop cH* Canterbury, Alexander arch-
bishop of York, Edmund fluke of Ymk, and
Thomas duke of Ci loueeMer it lie king*s uncles,)
William bishop of WinchchliT, Thomas bishop
of Exeter, Nicholas abbot of Waltham, Uichaid
earl of Arundel, .lohn lord Cohham, liichard
le .Scro[ie and .lohn Devereiix, tr) be hiii greni.
und coniinuul Council for one vcar next i*om-
\)j]
STATE TRIALS, 11 RicnARn II. 1 3$S.~Procetding$ against the
[96
York. 0, Thoniiw ot'Woorbtock duke of GIou-
cestiT. ](), Kiclianl c:iri ol' Anintlci. 11, John
lord Cobliam. I'J, Ilicliard lord bcrupc. IJ, Jotin
Deven'U\, knight.
TliOM', as men eminent in virtue, were cho-
sen l»y tilt' gencrnl sullra;;;e, and confirnied by
ttie kin^ under the ^i*eat seal : and sv/orn u>
carry tiicnis>elve* as dutifid and obedient sul)-
jcct!) ill all their actions: and it was ftirther
enacted, * That it' anv snonld refuse ordisobev
the Onlinance^ so mudtr uu- the puhiic jjood,
the punishment for tlie Hrst oifence should be
the confiscation of all his i;aud>, and I'or the
second the loss of hi^ life.' Thus ali thin<;s
beini; disposed for the best, the l\u'Ii:nnc'nt
was (h-'Sidv cfl, [20 Nov. l38o] and nverv mm
returned to his own home. — Soon alter [l887]
the sail Michiel de la Pole, ^^ith othei-s u\' lii^
confederates lieiiig moved with implac.ible
fury aj;un^t the late Statute, buzzed into ihe
king's e-iv5, tliat the statutos lately enacted
were very prijudicial to the honour of his
crown, nnd deroiratory ti» his j)rincely prerosja-
tive ; th;»t if they were in force he was no kin;:,
but rather resembled tl;e >hndow of one ; and
earnesrly m iwii tli'j kin;; ajr.tinst the other
lords, and todis'.irnul :dl that was done in the
late pa-liiiiient. Tlii* kinr^ir«»ve credit to iliL'.-.e
tales, anil ilierefoie h.id the lonU in gre.it jea-
lousy : but he released Aliih&el de la Pole earl
ofSulfolk out of the Crtslle of Windsor, nnd
sulTcrod him to ^o at lar(;e: nolwitlistandiug
which tiie said carl of Suffolk, tlic duke of Ire-
hmd, ai)d Robert Trcsilian lord chief Justice,
doubtful of their own safeguards, did whaltliLv
could to move the king forvrard to the destruc-
tion of the duke of (ilocester, the earli of
Arundel, \Var.^ick, Derby, nnd Notlinghnm,
in<jr, after tlie date of these letters piiir-nt : by
wl\ic'li lie save them power to sur\ey nnd exa-
ainiiif idi his Oliie-ers, Courts, irons('!u»ld, and
the G(>\eruinent of the wlioK* kin-^dom, to rc-
cei\e all his Ue>cnue, as also all SubNidic:i«,
Tuxes, nnd other Payments; to do what they
would in ti.e kingdom, and to amend all thiniis
nccordin<; to their discretions. And these
powers were given to any six of them, with his
three {;reat oiKcers, wilhiig, that if any diflfer-
eiice in opinion should happen between his
('ouncellors and thoM ofioen, that the matter
should be detpnB>< ^' the major part of
tliem; comir "^Mik^^ng all prelate*,
dakea^ eu '■>«», treasurer,
•odeiMn Id, thejubticts
•f «■• other his jus-
nmberlains of
ton^ mayor?,
niinistera, and
lid he attend-
Mioting to the
I often and in
'TL Dated at
'^ber.'* Upon
le, and the
in the
with others of that party; and accordingly
they conspired together with Alexander nrclh-
bishop of Vork, and bir Nicholas Bnimbre,
to devi«>e means how they mif^ht dispatch tlie
said lords ; and for that pur^Mse wrote Ictfers
to the kiuv: of France to aid and assint them in
Keiziui; on the said lords, and TirLher prevailed
with the judges to declare the said lords guilty
of Iiii;h-Treason for procuring the suid late
statutes. — Ihit the said duke of Glocester, and
the earls of Arundel and Warwick, seenis the
heap of ills that daily did arise by the practices
of those conspirators, set uhnost in every part
of the kingdom Intelligi-ncers, who should ap-
prehend all messen^erti, and intercept all letters,
which went under the king's name, and send
them to theCominissioners And thus did they
come to have intelligence of the whole Plot of
the Conspirators, all their Letters being in-
dorsed, ' Glory bo to God on Hid), on Earth
Peace nnd ( jood Will towards Men :* and by
comint; to the knowledge of eacii circumstance,
they found that the kingdom was at the point
of destruction, wherefore they Siught for a
Kemcdv, for bv the law of nature it is lawful
to repel violence by violence; every man ao-
corilins; to hi>^ ability levied a power for the
preservation of the kiiiii; and kingdom; part of
which forces being rommiitcd lo the cart of
Arundel, he marched n«vay by night, and
pitched his tents near l^ndoii ; nnd in the
mean time he uscd such discipline in his cnnip,
that he lacked nothing, but all things were sold
at reasonublc rates as if it had been a market.
On the oilier side, the Conspirators intend*
ing to prevent their purpose, caused it to be
proclaimed throughout the city of London,
' That none should upon pain of the forfeiiuiid
of all their gooiN, either sell, g^ve, or commiH
nicatc anv necessaries to the nrmv of (he carl
of Arundel, but should treat them as liebels Co
the king and country/ Further, they coan-
srllcd the king to abtent himself from the Par-
liuinent (winch was to bc::in mi Candlemas
ncxr, according as the king and ConimiMioners
had appointed it) unless the duke of Glocester,
the carls of Arundel nnd Warwick, and the
rest of the Commissioners would swear, ' That
iioithcr they nor any in their name should ac-
cuse them, or uruo any Accusatiim against
them.' In the mean time, the three noblemen,
vi'/. the duke of Glocester, and the earls of Arun-
del uud Wan^ick, having muster'd their troops
on the 14th of November in the same year
[13U8] at Walthum-Cross in the county <vf
Hertford, sent for the Commissioners that were
at Westminster in parliament, and sent the
archbishop of Canterbury, tlir* lord John Loyel,
lord Cohhani, and hir John Devcreux, with an
Accusation in writing Hgainst the aforesaid
Conspirators, viz. the arcMbi>«hop of York, the
duke of Irelond, the enrl of .Suffolk, Robert
Tre«ilinii and Xicludas Firamhre, whccin they
Hr-.-u-sed them of lli«h-Treason; which their
Appellation ihev did oticr to maintain, nnd
that they were willing to prosecute the same,
and lo prove it to be true ; tbey caused als*
07] STATE TRIALS, 1 1 Richard II. 13SS.-— ^rc/zi/V/op of Yoy)<, and otfrrs. [OS
tile mt of tiie Coinniis:iioner8 to subscribe as
pHRies to their Appellation. When these
thiiig<9 came to the ears of the king, he sent
untu tlieni re<]uirins; to know wliut their request
vda, mid what they wished to have done :
They returned answer thus, * Tliat they did
doire, chat the Traitors which were ahvoys
iboat hiui filling his curs witii false reports,
tod daily committed insutToralile crimes aiid
uiuriesy might be rewarded with condign pu-
iiebmcnt ; (or ic were better isonie tew should
die fvir tlie people, than the whole nation
AMuld perish.* The king bein<! advised by
riie archbishop of Canterbury, anfi bishop of
Dt, Ion! chancellor, sent to tfiem, willing ilicn)
Co come Co liiiu to Westtitinster on the Sunday
then next following; whicli the lords would
ngt utijree to, till the lord chancellor, with di-
Tent other noblemen of good credit, had under-
tiken upon their oaths on the kin^s behalf,
tint no fraud, deceit, |)eril or evil pretence
«hoQld Ik* put in practice against them, wherc-
kv they ini«;ht come to loss of lite, limbs, goods,
urothenvisc, fhrous^h the king*s means.
When thc-reftirc the lords were ready ac-
cord iag to covenant to come to Westminster,
■Wy were secretly advertised that there was
aa 'ambu«h laid in a place calle<l the Mews,
aad so they st'iid and came not at the ap-
pointed Imur: whereupon when the king de-
manded ^ how it Ibrtuned that the lords kept not
iheir pnimiae ;* the bishop of Ely made answer,
' because there is an ambush of a thousand
«noe.J men or more laid in such a place (and
avaed it) contrary to covenant,' and * thcre-
fcre they neither come, nor hold you for ttiitii-
fci t.1 v^Hir wonl/ The king hearing this was
attttTUiJied, and said with an oath, ' that he
kaew «,( no such thing ;' and withal sent to the
staiiffe of T»ii<io!i, coimnauding them to go to
fib Jlf^vs anrl if upon search made they found
lav iiK^ of men there aKS<*mbled, to take and
fcidatf»ach us ttiey could lay liands on: but
IP TliuruJis Trivet (d) and sir Nicholas
flranhre, wiio had indeed assembled .such a
agmhrr uf men, wiu'n they understood what
cnkrr the kiiig luid given tlierein, sent their men
back t<f L^>ndon.
The lyinls after this receiving a Saft»-Ct)n-
4wt triNn the king, and perceiving all to be
tife and dear, came to We«tininster with :i
pdlnnt trofip of geiitlcmeu ; and entering the
li:til. a« »<>m as tliey had sight of the king
^wt»i wa« Mrated on a throne apparelled in his
kjnjv n>1je»y with his sceptre in las hand)
vrvif' Co him tlieir humble obeisance, and went
on nil tliey came to tlie nether steps going up
ti VM- kiiis'i^ !H-at of state, where they made
tSiir ifroud tilieisance, and then th«? king gave
them r /untexiance to come nearer to him ;
vA fhev so did, kneeling down before him :
•sd fMrrfinjth be rose from his place, and lov-
rc^T wr-'^-r/niinR thein, tfiok each of them by
P^kird. and then aat him down again ; when
^'i) He wa» aAcrvrards killed by a fall from
»ot. /.
the atbrcsaid lords again appeuled (e) the
ardibishop, the duke of Ireland, the earl of
-Sutfolk, Rolicrt Tresilian that false iu^tice, and
Nicholas Branihre Lluit di^l'ival knight (f) (for
hit they termed them;of Hijji-Treason, accord-
ing as they had done beibre at Walthuni Cross;
and to prove their accusations to be true,
they threw down their el )vcs, protesting by
their oaths to prosecute it to battle: * \av^'
saitii tlie king,* not so, but in the ne\t parlia-
ment, which we do appoint l.-etbrehaud to be-
gin the morrow alter the I'urification of our
Lady, both they and you appearing sludl re^
ceive acconling to law all th-.it which reason
doth appoint.* And finally, it was concluded
they should all meet together at the next par-
liiunent, and each one receive a^ording to
justice; and in the mean time the king com-
manded them U])on their honoui-s, not any part)'
to molest tlie other until the next parliament.
In the mean time the earl of SuiTolk fled to
Calais, and the archbp. of York (f:) fled along
with the bishop of Durham, it was imt known
whither ; and the duke of Ireland going into
Chi^hire, Lancashire and \\ ulcs, raised tbrcc*
to vwthstand the Appellants, (lo whom were
now joined the earls of Derb\ anj N'otlingluun)
with which forces Ise marched towards" I^n-
don ; but meeting with the Appellants forces
at Llatcote-bridce near Chipping-Xorton in
Oxfordshire, he was stont in his nian'h, and
his men revolting frnm iiiui, was constrained
to save himself by flight in swimming croi^s the
river Thamf^' (/i).
On the other side, Nicholas Cramhre, in the
king's name cau:?ed all the ^ates of the city of
I/ondon to be shut against the Appellants, and
to be LT'iarderl with a sutrK-icnt w:ii«!i : ncur-
tlieK.s:> the lorcU Aj)pelliinls marched towijrds
J^indon ti> confer with the kins: Imt when
they heard that Nicholas Brainbre had caused
the «:ates of the City to be shut against them,
they encamped tlM.Mnselves on the 'J7th of J)t«.
in Clerkenwell, and sent two knights and two
e?quires to the maynr and aldermen of London
to desire entraii<-e : then came the niayOr of
London [sir Niclii»las J'xton] and certain of
the cliiff citizens, and broiij;itt tiie h(?ys i»f the
City with them, and ^ubniirted them^t-lves to
(e) All Ai)peals nf Trear»on in parliament
arc since taken away by 1 11.4. c. 14. Bnut.
119. a. 3 Co. Iiiijtit. Vo'i. See Proceechngs
aguini>t earl of Clarend«>n, past.
(J) lie, together with Walwurth the inayoi-.
and other aldermen, was kni<:hted fur his ser-
vices a^'dnst Wat Tyler,
(g) lie was aftervvariU translated by I*opc
Urban 5, to the see of St. Andrews in S<:oi-
land ; but the kingdom being under obedience
U} the Anti-l'ope, tlui ti'aii*<lati(>n was of no
ser\i('e to him, so that iiewas con$«iraine<{ to
be a parish prieitt at l.ovain, where he conti-
nued three years, till the time <if hi-^ death.
(h) \{v. afterwnrdd jiot into Holland, trom
wheiice hc> went to I^)vain, where in 1393, h«
was slain in huntmg a wild boai".
9?] STATi: TRIALS, 11 Richard II. \ 5i^H. ^Proceedings againsi tJi£
tb*"- !:)r«Ji-, n.nd f'T'Tetl tlie.-m entrance into tlieir
[100
i'liy with nil their |)t?(?plc at ihcir pleasures. —
Tlie m.\f. day tlifrt* n:ipprno<! an IiUcni«iw
between tlic kiiii; ami iijo AiipcUants *«o for,
that ihey opened their minds one to anollier :
but b(K:au3«"' the kintjr was loth to apeak to iheni
before such a rabble or men, and on tSie other
side refutjcd to go out of the Tower to spcnk
^ith them, and the Appellants feared some
violence or wronw to he ofTercfl tlsein, thev
i%ouUi not go into the Tower without a strong
gnani of valiant warriors; therefore the most
wise of the Appellants at\rr divei^} consultiitions
resolved to go and confer with the kiin;* but
first they bcitt a strong troop well armed to
search all the corners and caves of the Tower,
and relation beini; made of the safety of tlu-
place, with a »ek*cted band of valiant cava>
liers, they entereil the Tower, and ^ei/rn^ tiie
pwei and placing a guani, tliey app6are<l be-
lore the kmg, who was set in a pavillion richly
arrayed ; and after their hnmMo salutations
done, tluiy a third time appealed tlie aforesaid
Conspirators in the jkiuic sort and fonn as
afore: which Appellation being ended, the
king swore that he would do justice so far as
the rule of law, reason and (siuity did require.
—These things In'ing accomplished, thry de-
pjirted from the Tower to tlieir own homc^;
and then it was pul^lislii-d in the presenrc of
the king, und ihroughuut his dr»miiiions, I'hat
on the morrow after Candlcmas-day, a piir-
liamenl (i) should he lield, and the afore-stiid
C'«m^pin»t'»r-> ^lMM!(l personally appe;ir there to
answer tlie Appi-llatioii wherehy they were
churgrd with so m:iny Treasons. — Iji the mean
A\i>ilcthe kiucr, bv conisent of the said Com-
missioners and .Appellants, issued out tevcral
(k) Orders for the apprehending and s«ri/ing
all suspected folks, and f^ir keeping them in
4afe custody till the parliament should assem-
ble : accordingly divers Odi'.'ers of the House-
hoUl were expelled ihrir oiV.ce, ami toir^'tlier
«uih scleral otliiTS ap])rchendcd and cmnmit-
t( .1 to prison, viz. sir Simon Hurleii:h, sir \\m.
I'lman, j-ir John Reauch nop, sir Tho. Tri\('t,
fir Jolm Salisbury, and div<Ts others; and tlicri-
was also taken sir N icluilas Rrambre, but he
found Fureiv for his lorth-comin:: : hut the
duke id' Irel.md, arrhl)j>]iop of York, earl of
Sullblk, an<l Uohert 'IVcsilian wvve no where
(i) »See thr Kind's Older to the sheriff of
Kmt for prorlniiiiing it, and sunnnoning the
l'onsptmtor< to a])pL'ar at it, dated 4th Jan.
lOJio. Uym. r«'d. torn. vii. p. 567. The hk»-
■Tficr to ail the sheritVs thruughout England, of
the ruwe date. Ihid.
(' I:) See u Warrant dircctr'l to the consiahlo
of Oluucester castle, for takini; into eust.)dy
Robert Tresilinn and Niih-ilas Bramhre, dnied
'Ith Jan. 1381). Kym. Fa>d. torn. \ii. p. .5()6.
See likewise another Warrant of the same date,
flirccteil tr> the cuastable of Dover (.a^lle, uikI
warden of the Cmquc^purt^*, I'nr keeping in
custody aud apnrl hever^i otiiers Uccuaed by
Hie Ijinis. Ibid.
to lie found. — Shortly after, that is to say, the
morrow after Candlemas-day, the Parliament
bew:in ; and the first day, by the joint consent
of all the Conm)i^6ioners, were arrested sitting
in their i)lacc5, all tlie Justices [sir Roger Ful-
thorp, sir liobert Delknaii, sir John Carey, sir
John llolr, sir Wm. Burleigh, and John Loc-
ton, the kuig*s Serjeant at Law,] (except air
Wm. Skipwurth, who had been liiiidered by
sickness from being along with the other
Judges, when the Commissioners were de-
clared gnilty of High-Treason, and Tresiliao
who was lied) who were all immediately displac-
ed from their OlHces, .iml sent prisoners to tlia
'lower, and there kept in separate places.
All the Peers as well of tlie spirituality as thm
temporidtv being assembled iu the great hull
at Westminster, [Feb. 3.] the king soon after
came an<l sat flown on his throne ; and after
him the five noblcnten Appellants (the fame of
whose :idutire<l worth echoetl through all th<r
land) entered the house in tlieir costlv robes,
leadhig one another kind m hand, witn an in-
numerable ujmpaiiy following thein ; and be-
holding where llie king sat, they all at once with
submissive gestures reverenced the king. The
llall wa!> so full of spectators, that the veiy
niofs were coviTed with them ; but amongst
this initiiitc nmltitudc there could not be fouAd
any of (he Oiiispirators ; Brambre, who had
attemptert to flee away, liad been t;iken a litdtt
before, and was cast into Glocester goal. — ^Tbe
Clem* then placing tliem selves on tlie right-
hand, and the nobility on the left-hand of ths
king, ar cording tj) the ancient cu:>tom of thft
l.igii Cn1n-^ of Parliament, tlie Lord Chancdlor
standing v.iih hi** back towards the king, by tli»
kind's command declanxl the cause of their soia-
moiis lo parliament ; which was to consider br
w hat m(>ans the distraction of the realm, throu^
evil mana'ii^mcnt, iniglit for the future be com*
po-ied, (he kiii-r l>i*trer advised, the nation bet-
ter i^oviTiicd, misdemeanors more severely pu*
ni-JH'd, and uood men more encMiraged ; how
(ill! kingtl.mi also might be be>t defended, tha
se:L l);it k<'ui, tlie marches of Scotland securely
guarded, Ciuyenne yM'cser>'efl, and lastly how
the charge-i ofthrsc things may most easily be
b.n-nc; aiid then gave notice that whoever
would complain in parlisunent of »uch tiiiiigi
as could not well be redressed by the commoo
law , migliL carry tlu ir Petitions to the Clerk
ill ( hancery, tiu're named and appointed to
rectixe tlum. Which being ended, the afor^
s.tid li\e .\ppeUant:> .'u-ising, dec;lared their Ap«
pflh\tjr>n by the mouth of liobert PleasinKton,
lix^ir SpciikcT, who thus spoke: ' Behold the
duke of (Jloueesler crimes to purge himself of
Treiisons which are laid to his cnarge by the
('un<;ur/:oiN/ To whom the Lord Chancellor .
by thi.' kinii's Cinnmandment answered : * My
lord riuki', tiic king conceive tli so hoiuiurablj
of yuu, that lie cannot be induced to beiiere
that ynu, who are of affinity to him in a cqU»-
tentl liiK?, slumld attempt any Treason against
liis nntjt'rty.' Tlie duke, with his four com-
pnnioii^ upon their kncesi humbly gave thaii||ft
m] STATE TRIALS, 11 niniARD II. 13SS. — 4irldMi)j}qf York, and ot/itrs. fhKJ
tf) the king for his gnirjiiii^upinion rift lu'ir fide- | i;rt^:«t lords, and I»i^ Iiokp pi»<)plc, :iimI ilio la-
V.J. — The lords spiriruid aiiri tfinn-^nd there
preM-nr then ciaiined :is tluir liboriy :ind iVaii-
rlu«e, ihat all gre:ic nrittei-s iiio^ed in thut p:ir-
kameiir, and lo be indved in other p'!rii:iiiu-nt9
in titat to cuiiie toiichiiic ihe pttTMif' the land,
*hould be cli»cusK*d and judged hy xUm coiis^c
•f pariiatnciity ;iiid not by tht- law civil, or hy
tht common hiw of the liuid uracil in ihu in.'i'rirT
»jrt* of the kingdom; which rhiiiii, Iditrty
&:< fninchise, tlic king allowed and <.ranted in
fM pArliument.
Then after silence prorhiimed t?:<' Appel-
lin-i arose, and urcused ih(.* afort-.iid C'on-
tpintors of Higli-Treason, and dt!i\frod in
'trtain Articles in writ inu, « herein wer** om-
ya:fR-d the particuhirities of their Trt-asonii ;
whii'h were us follow :
1. " That ns false traitors and <'niinie»i to
vours antl hllIu^ to whn !i tluv requi'^Ud iii>
an>\i cr, \v<'rc not to be obt:iiiK'd but nt ihi-w*
pIvaMiro and ailowaiu.c, in Ma\ing the KniL'
from his dutv, and a-.>aiii«>t his oath, and turn-
ins tho hearts of (lie lticuI iord:^ from liini,
wail d(si;:ii to (str.inye ii'i^ tu'.nt from the
pe(.'r.s of tile l^nd. to have aniong<»t tiitni the
siiU> govcne.ncni of ih*' kiniidoni.
fy. ** Al>')by tliesijil Kiierouehnicnt of Ko-
bt-rt de \'ere, (hike of Ininnri, and Mi.-luiri
dc lu Poll*, wiiii th»* Aiivicc and Conn c-1 of
Alexander archbi*'hop ot' York, they canxd the
kin'j without aostiit of t!ie kiiit;doni, bv their
ai)ctiucnts, without any deserts of tlu: persons,
to jiive divers lordship-*, riisilcs, ti^wn^s and nja-
nor.i :\b well annexed to iiis c-own as others, as
the \^h.>it' realm of Ireland, tlte town of (Jke-
Irnn, and the fjre->t thereof, and the lands
the king suid kintfdoni, takin<x adiant^iiic of l:is whirh were tiie hnd Audley*s and otiier (iicat
tfnder a>»e, and lljc. innoceney of hi" |,ers.'>n,
tfiey infonned ami put upon him for truth
isxtn falsie thin!:;» of tlicir o\^n invention,
aeainst all loyalty and good futh, and ni ide
him intirrly tlieir own; so that thty had his
Irrr^ Hrm fiith and credit, \«hi!e he ir.ited and
ftu^pccted l«is loyal lords and lieges, by who in
lie ouzht to have been governed : Tbat thoe
Tniit'jrb had encro.iched to themselves
estate*^, to the said Kobort de \'ere, and otiic-rs,
whercbv thev were mightily enriched, and the
kini; bt'CLiuie so porir, thai he liad nut whert?-
with (o siipp'irt and be ir the chaiL't-'S of liie
kini; loin, unlirss by imposition, taxes, anil tri-
butes [lut tipoii his [tcoplc, ill disherison of his
crown, and r<> the unsioiii;; of the i(-:thn.
0. " AI>o bv tiie l'ai('r4)aehnient of the said
AlfxandtT, Riiljert, and .Uiciiael, by theas.s:>nc
n»yHl power, by eiislavinir tlu* king, blt':ni>hin£! ! ""d ad\iee of the afori'-aid Itobert Tresiliaii
Idt sovereignty, and les^enin*; his preroL;aiive
and mjalty; and made him so obedient to their
vtll, tbat he was sworn to he governed, coint-
wUed and conducted bv them : by virtue of
*tuchoath iliey kept bun iufdtedience to their
fiike imRziiiHtiuns and mischievous deeds con-
uxnrl in the tullowiiin; articles.
i. "* .\\»o uliereas the kin; is not bound to
t^r^ctoarh, hut on the day of his cor>)n-i-
(r*e. orfar I lie common profit of hiniseif and
A^^Ui^, t lie aforesaid Alexander, Uol,e:t, and
Ihrhtfd, as fa]»e Ti*aitois an;l enemies to the
^la^ and realm, made him to swear, and as^^ure
1 4rfa, that he would maint.iin, support, and
f:^e and die with them; and also wliercas the
ijTi* r/uehc lo be of more free condition thin
iR> (ittAT of tii^ kingdom, they have put iiiin
By>re in «^r\itude than any one, at;:iinst his
i^fwmr, t-iute and royalty, acainst their Jij;e-
VMt, a« 1 1. ii tors lo him.
3, '* Ai«o the said Robert, Mirhael, aiul
Alexander, by the as*«€nt and roUM«i>l of Ito-
'•r? TreMhaii that false juMice, and \ieh'da«!
hrt!nbrL- thai fal«e knielu of l^)ndon, by iheir
*j»JL»fl c-Mitrivanre wimld not pi-rinit th.i* i;reai
Htm of tlie kiiigdoin, nor eood conn^^clior-^, \u
rtime near the kin<;, nor would sulVer him to
»pr^k to llwm unless in their pii'senrc and
'eiruig, PHcroachmj; to themselves nival |iowcr,
tolship and •cinTei'inty over the person of ibc
<i!ij, to I he great dishonour und peril of the
k:.f4', th** iTown and liis re'ahii.
4. •• A I VI the atliresaid y\le\andcr, Robert
«• Vti*. Mir }i:iel de l:i Pfdt*, Uob«Tt 'rnrsi'iaji,
"vj \.r}iiil.L« de Urairbre, by tln-ir f,Uc v iel;-
• ^^•- ••( div aiii i**'--*! riii' kin*.'. «■•! tha' his ••( r-
'••■■i ^irtstme w luca lie ou: lit vt inai.c t'^ !!:■*;
and Nicludas Hrainbie, tlicv caused the kiii^,
to cive divers hinds', minors, ti-nements, rents,
othee-i and b.iiliwicks to people of their kin-
dred and other perr^ons o( whom they reccivi-.l
great brilie'^ ; and also t) make them of their
p'.:rty in their i'alse rpiari'ds and purposes, as
m the cast* of sir Robtit .Mimsel, clerk, John
iJlike, 'I'l.onvus Usk. a ail nlhc-r.'., lo the destruc-
tion ol'llio kiiii^and kin</«li»m.
7. *' AUn Koborl de \ ere, Miehtiel de hi
Pole, Ale\:md<M- arclibishijp ol* Yoik, with the
rest of tlw person^ ;'bnve-n-.inied, by us-senc
and cotni><l tif tht* sa! 1 -\i»h.»las llrambre, i^e.
encro'.i''!iinL' lo ti!«-nisilv«"s royal powir, cau'^ed
the kint; toj:i\c very jji-cal Minis of i;n!d and
siUer as v,r\\ of his own i;o<mK and Ji'aiJs as the
tre.is'.ira <»f tiie kingdom, ljL'.-idi.-s Tenths, I'il-
tft-nths, and ot!.er Ta\ts granted by di\ers
parliaments to hv cxjt'ndt-l in di-fenee and
safciin ird of tiie kiimdixn. and ijiI.erMise, whicii
am'j!:ni<d t) the sum ut oi-.l- i.Mn.!:'L-d thouiand
m;)rl.s and moie. to tie ^:li 1 Robert, and
others. All! tnither t!.' v r..u>'ed nianv rood
ordiirnu'is and piiriit-«'« i.i jI*- a.d i>rd i:nt-d
in parliatnr nt, :'.s w4ll t"»i- i::-' w.iis ;i-, tlftiSKe
(d' ihi* kinjdoMi, to br iiilc. iMptc.!, l-; lli:- i;ii at
mjury of liie kini: and l.ii!.:di>.n.
H. ** yMso liv the Njid riif'r.i.u'hment and
iireat lhibf>» taken by tir y.ai 1 Hobiit, Miehaei,
and Alex:mdi r, di\eri n-ii snlVuirni n<ir fl had
the j;n ird and L*o\<'i:miciil ofdiMris lords{ii]i>i,
cufclles and i'oii!.irii«», as oi (Iiiy«':;iie ;:nd cNe-
where, as w«ll ini thi.j hide us l.TViiid the *•«. i ;
wlarebv the p-.-opl'.* and i-nmiri' s (if tl.i.r
{tirit«»ri' bfin^ I i' .•[ i i ;l • 1 hij. f 'T i!;*.- iu' at
pitlt VM i i; lit -f- !•■•■. L :'ni ' ' ."' 'I li :..Jui > I.I
late r. I'i' ■■•. ! isjw '.»*t. ■* . .- »'» • ■-*• ■ ■«-■• -^
STATE TRIALS, ll Richard II. \ ?>s^, ^Proceedings agninxi the
103]
the ciirmy, wiiliout tis^^cnl of the rculiu, >niiich
wt-rtf iH vtr in tlie h.iiiils of tlie enemy since
tile ronrpu'.'-t ui ilitin; :i!> also in llu* in>irci)e>
ot*>Sc.)ti:iii i, :in(i othorvvhrre, in (li?herison'ot'tlie
cnnvii, and i:i*t::ir injnry to tlie roiilin; as in
the c.>*<» of 1 l.trpedt-n, Orudriock, and others.
0. ** -AUi* hy ilio Kncrouclnncnt of tiie afore-
said Alexuiuler, llohert, ISiichuel, Uohert and
Nicholas, di\i'rs (ico{)lt. iiave been hiiuUrred of
t])i> hcne6t of the cuniinon hiw of Enduud,
and put lo unreal (U lays, l'>sse}i and costs : while
statnies and jndixtnents justly made npon nc-
ct'-^ary causes in pniliainent have bc«n nv
\eis('d and annulled hy th.'j procurement of
the said niisdijei-s, and iraiiors, and this by rca-
M>n of the lanje bribes by them extorted, to
the i^reat pivjudico ot th(* kin<:dom.
••to: " Also the five arjre>«aid, encniaching to
themselves royal power, as f:dse traitois to the
kini; anr{ kingdom, caused and councelled the
kin;; to prant Charters of pardon for horrible
fi'lonics and trcasoi)*«, as well against the >tate
uf the kini::, as of the party, a^rainsi the law and
oath of tlu' kini;.
11. " ANo, Whereas the preut lordsitip and
land r)f Ireland hath been beyond menit>r\
parrel of the crown of Enjjland, and the pervple
thereof for all that time havir been the kind's
iei^cs without any nu'sne lord, to him nnd his
roy::l proi^enitors, and our hird and his noble
prr>::enitor5 kinirs of Kni;huid have in ail their
c'tKM-tcM-!<, writs, ktteis and pat(>nts, and also
uiiiler tlu'ir seal<, in niii;mentution of their
names and r<»yally. styU?d tbemselv<»s lords of
Infl ind : the afoii's-.iid Uohert, duke of Ireland,
Alexander, and Midiael, &c. as talsc traitors
to tl)e kin<; by the said eucroncliment, i^axe
ndvire that tiie kiiii;, as much us was in liiin,
had prantitd that itfiliert de \'erc should be
king of Irchind: and to accompiisli this wirked
pnqiiisif, the* afurtsiiid traitors eoiin^^ellfd and
cxeittMi tla* kiii;; to send letter* to the po|j(' to
ratify aiirl c'<>iitir:u ihuir tr.iitoruus inti-ution,
wiih.oitt thi* knov^lediie nnd absent of the kiii<;-
doin of I'ji'Jauf], or land of Ireland, in parting
the kiii'j;*s lii'ziaiirf in irspt>i*t to both nations,
ill dtcriNise of the h'Mn»urf!!»le n'uno ol the
Kiuj, an-.l in ojm'U di'luri-^jii of his crown of
I'iu::! Mi-.l, and Ui!l d(<-iiu;'riiiii of his loval leiiies
and ti:(' nation oi' Ireland.
1'.'. ** Als), Wl.i-icasihi' Great C'luuter and
other fctood laws acd u.<:i;.i>- <it'thc kin<Tdoni, no
in:ui oii'^htlo be laluii, \.n\ in pri-on,or to death
without diw* pruri'ss ollaw, rhe artiri'^aid Xich.
Branibrc, fal-;' kiil^^Iii of |.ondi>n, tuoU by ni»;hi ,
certain pvrsous out of il:e prison ol" Newi:atc, |
chaplains, nad o!lier>i, to the number fit' 12 ;
some dfbt'us and «»thei-s accu'^ed of t'eloi.v, and
bomc appri)\ers in the vw^'* of felony, and ;:ome
taken and impri<<on(Ml ihtre updii sn<<pirion of
f\loPv; anrl lei ibeui into Kent to a f)i.ice ,
calh'd tl.c I oul Oik. niiii there enerotiehiui; to
himself rovid powt-r as a traitor t-i the kii»;:.
and ««iihoiit warrant or prorc^ss of law, caus(*d
till their heads to be ( ut otf but one, who was
appealed of felony by hu approicT, nnd him he
niicrcd to go ui lar^e at tlic some lime.
! 13. ** Also, The aforesaid Alexander, Ro-
I bert, Michael, Nichola.s, ^:c. traitors of the
' kiiiisand kingd<jm, took great bribes in many
I case) in the name uf the king fir muintaiiiance
. of quarrels, of suits; and once took bribes of
both sales or p;)rtics.
14. "Also, These five caused some lords
and others, hiyal lieges, to be put out of the
kin^*> council ; so as thcydurcd not to speak
in parliament about tlie good government of
the king's person or kingdom.
I.'). *' Also, Whereas in the last parliament
all the lords, sages and commons there assem-
bled, seeing rhe imminent ruin of the king and
kingdom by the perils and mifrcliiefs aforesaid,
and for that the king had forsaken tlic council
of the kingdom, and liolden himself altogether
to the council of the s lid five evil doers and
traitors ; and also fur that the king uf France,
with his royal power, was then ship|>e(l reiuiy
to have landed in England, to have destroyed
the kingdom and language thereof, and tliere
was no Ordinance then made, or care takeo
for the safety of the king and kingdom ; ihey
knew no other remedy ilian to shew the kin^
t'nliy how he was ill-governed, led and coun-
selled by the traitors and ill doers aft>resaid :
re(|uiriiig him most humbly, as his loval li«ge«,
for the safe:y of him and las whole realm,
and for avoiding the perils aforesaid ; to re-
move from hi.>« presence tlie said e>'ilHioers and
traitors, and not to do any thing at\er tlieir ad-
vice, but according to the counsel of tlie htyai
and discreet sages of the reahn : and liereupon
the said traitors and evil-doers, seeing the good
and honourable opinion of the parliament, to
unrlo thisg<»od purpose by tlieir false counsel,
caused the king to commmid the mayor of Lon-
don to kill and put to death tdl the said lords
nnd commons, except such us were of their
]iarty ; to the doing whereof, tliesc great traitors
and evil-doers should have l)een parties, and
pre<(Mit, to the undoing of the kmg and the
kinj.Miom.
l(i. " Also, That those five Traitors above-
mentioned, when the mayor and gou<l people
of ]/)n(lon utterly refused in the presence of
thtr kin<; to murder the lords and commons ;
they bv their said traiterons accixiacluneoc
t.iUely eounsellcd tiioking, and piwailed wittt
hiiu to leave the parlianu'iit for many days, and
cau-i-ed him to certify that he would not cume
to the p::rli.iuient, nor treat with the lonls and
conunons criuicerning the business of tlie kin^
dom, for any peril, ruin or ni'si'hief w hutsiie\-er
that iui::ht h:ip|jen any wa\s to him, or tlie
reahn, if he were not first ussuretl bv the lords
and commons that they would not speak nor
flo in that parUament any thing against any of
tlie mis(i(iers, saving that they nii^^ht proceed
oil in the process, which was then commenced
against Michael de la Polo, to the great ruin
of the kin:: nnd kinudom, and against the an-
cient Ordinances and Jjbertiesof |>arliamentt.
17. '' Also, The said lords and conunons^
after they undei*stoofl that I lie king's mind
(through the wicked excitation and coun»el of
103] STATE TRIALS, U Richard II. 13S3. — 4uhbishop qf York, and oilters. [loa
the nid 6ve, &c. abovc-ineiitioiicd) wns such,
Uiat lie would not suffer any tliin)( lu l>c cum-
i&enced, ptinmed or done a^ninst the said evil-
li'jrr-*, so iKut they durst not »pi*:ik or proceed
^uiiivC the king*!! will ; upon considcrutiou ot*
'in: t'vnuer counsel and advice uf the lords and
^wtices with otlier sngeb and conimtHis of pnr-
usatrui, Ik^mt the estate of ihe king and itis
mslty niiglki be best saved against tiic periU
iaiiU9chie& aforc»:ii<l, knew not how to tind
c-4ciy other remedy tliuii to ordain, That
'Hift (I) loyal lords of the land sliuuld be
Ike kin%*b council tor one year, ond that there
AMiM be luiide such u commis^io^ and statute,
bjibhich they should huve full and sufllcieni
pMcr lo onlain, occ. according to the eilect
ot' ihc ftaid coiimiission and statute; by both
viiich no miMi ^ as to advi^te the king against
tiieni, under forfeiture, fur the iirst otfence, of
lis gHods and cluitteU : and for the second of>
Mce, of life and aieniber : which Ordinance,
denote, and Cominissiou being mode by tiie
Aiecui of the king, the lords, judges, and otiier
>4Qh and coiuinons, assembled in the said par-
laoMiit, to preserve to the king his royalty and
nnlfn, ihesaid traitors and niisdoers, by their
ciil, iaibe, and Iraitormis information?, insinu-
vcd lo lite king, that tlte said Ordinance, Sta-
loie aad i.V>nnuia«i4)n were made to deleat his
Anally ; aiid that all those who procured and
'•NUii^Ued tiie making of tlietu, and tliose who
ru-it«d the king to consent to tiietn, were wor-
ifev to be put to death, as traitors to die king.
18. ^ \)aOf after this, tlie atbresaid live mis-
^jen aad traitors c:iused tlie king to assemble
i pwril of certain lords justices and otliers,
UHiT iane» withnut the assent and presence of
*i« lunk^ o4' the said great council ; and made
<^i»deaandj« of tlieni very auspicious, c*on-
cfcwsdircrs matters, by which the king, lords
Mi (xiioion people were in great trouble with
c^Blfitereulin.
19. ~ Aboy to accomplish the said high-trea-
■VL cue '•uid inisdoers and traitors, Alexander,
y^t^aen. .MictMfl, ^:c. bv the assent and couu-
Wut'iOAKTt 'l're»iliau and Nicholas Hrainbre,
c«i»«i iije kins; to ride through the kingiloni
vib !«j:n«f of them into Wales, and caused him
'•• nia>.c c:omc belbre him the lords, knights,
*fi rsquirt>, and otiier 1^4 tod people of tlii>be
Mrfft, a> well of cities unfl burghs, as other
fidace^ : ami made some t«> enter into bond ;
ad fiblijfd iitiiei^ bv their oitlis to stand by
w, aeaniM all peiiple, and tDetfect his piirjM)se,
^li ac ;hai time was tlic nill and purpo>e of
ie iTji.l n>i«ili>ers and traitors, by their f^ii*>e
«lClBa:lu^^, deceits and accnmchmenrs nhove
«<S; «h'ch *-ecuritie» and oatlts wen; acainst
'^ pjni I.1W.4 and iLsjges of tlie land, and
i(uut >Ih- iiaih of tlie king, to tlie gn>Ht ruin
^ <li«li«*iifiiir of ilie king and kingdom.
W. *- AV-i, by force of snchbond> and oaths,
^i thi: rf.ilm was put into great trouble by the
^ etil-«t«ier« and traitors; and in peril, to
i-ne Hjitcred maiiv intolerable mischiets.
(if There were thirteen Commissioners, but
*-^; i^ilvt of ilieui were peers.
21. ** Also, to bring about their traiterouf
purpo^es, the said live r:iuscd the king to go
uito several othrr parts of the kingdom for some
time ; whereby the lords a^sigi^ by the said
Ordinances, Statute and Coumiission could
not advice with him about the business of the
kingdom ; so as the purpoit and effect of the
Ordinunci^, Statute and Commission were de-
feated, to the great ruin of the king and king-:
doni.
'?2. " Also, the said Robert de Vere, duke
of Ireland, by the counsel and abetment of the
other four traitors, accroaching to himself royal
pov\t'r, witliout the king's commission, or otner
suHicienl or usual warnuit, m:ide himself chief
ju<iti<*e of Chester, and by himst'lf and deputies
held all manner of pleas, as well common as of
tile crown, and gave judgineuts upon them,
and made execution thereof; and also caused
many original and iudicial writs to be sealed
with the great seal used in tiiose parts; and
also by such accn)achment of royal power, he
caused to rise with him great part of the peo-
1>le oi that country ; some by threats, olners
)y imprisonments of their bodies ; some by
seizing of their lands, otliers by many dishonest
ways, by colour of the said otiice ; and all this
to make war upon and destroy the loyal lords
and others tlte king*s liege subjects, to the mi-
doing of the king and tlie whole realm.
23. " Also, the said traitors, Robert de Vcre,
Alexander, Micliael, ^c. by the counsel and
ubctmeut of Robert Tresilian and Nicholas
Brain bre, accroaching to themselves royal
power, caused to be delivered Jolm de Blois,
lieir of Uretagne, who was prisoner, and secu-
rity to the king and kingdom, witliout a<»seitt of
p'.uiiament, or the king's great council, and
without any due warranr, to the gre.it strength-
ening the adversary of Franco, the ruin of the
king and reahn, and against tiie statutes and
oniinances aforesaid made in the last parlia-
ment.
*2\. ^^ Also, the said five tniitoi-s caused tlie
king to have a great retinue of late of divers
people, to whom he gave badges, which was
n.')i dcme in antient time, by any king his nro-
uenitor, that they might have power to perlorm
their falbc trcasiiiis aforesaid.
'2.'). ** Also, the aforesaid five Misdoers and
Traitors, in full acc(^npll^hnlent of all their
ireiisoiit aforesaid, and to make ilie king give
crt*(lit to them and their counsel, and hold
them more loyal and greater sages tluiii others
of the kingdom ; and the more to colour their
false tK.'asons, (!au<>ed the king to make come
before him to the caMle of Nuttin^ham, divers
iubtices and lawvers on the morrow after iSt.
Bartholoinew*.>-l).iy hist past, and there (tn)
(m) l)i\er.'« of the JnstiCi's refused to sub-
scril>e, but vet thev were oliliLed to do iis the
rebtdid; anion>; wtiom was Roliert IMknap,
vvImi utteilv relumed, till the duke of Ireland
and the earl of ^)atlolk C4)nipelled him thereK) ;
for if he hiwl persist imI in his refusid he had not
escaped their hands ; anB yet wlieu he had set
)07] STATE TRIALS, II RicHaiid II. ISQ^.-^Procfedings agahist the [lOS
constrained the said justices to set their hands
to the Answers to certain Questions then pro-
pounded and delivered to them, that hy means
thcreot* those uersons wlio were alxiut the king
might Iiave colour to put to deatli the duke ojf
Gloucester and other lords, ^ho in tlic last
parliament were ordered l<» lip.vo ihc govern-
ance of the realm. — Wliicli (>uv.iti.>ns :ind An-
s^'ers were as follow : 1. It was n-Urd of them,
whether the lu-w Statute, Oi'diiM!u.e,anrl Com-
mission, made in the 1;.^'L pailiiiMent held at
Westminster, he iuirtful to the kini;'s preroga-
tive ? Whereunto all of one n;i:ul an.swerLd,
That they were hurtful, and e.-pecijlly hecau«»e
they he against the kinj^'s will. — 2. It was in-
qnii'ed of them how thev ought to be punished
that procuretl I lie said Statute, Ordinance and
C^-ommission to l»e nr.ide r ^\' hereunto with one
assent ihey ani>wi:»xd, That they deserved
death, except the king r)f his grncc would pur-
don tlu?m. — 3. It was inquired how ihey ought
to liepunishiKl whirti moved the kins; to consent
to the making of th.e said Statute, Ordinance
and Conunission ? Whereunto they answered,
That unless the king would give them his
pardon they oujrht to lose their lives.— 4. It
Was inquired of them what Punishment they
dcser\ed that compelled the king to making of
that Statute, Ordinance and C'omnn'bsion ?
Whereunto they gave Answer, That they
ought to suffer as Trtiitors.— ^!i. It was de-
manded of them how they ought to he pu-
nished that interrupted the king, so that he
might not exercise those things that apper-
tained to his regnHty and prerogati\e? Where-
unto answer was made, that they ought to be
punished as Traitors. — 6. It wns enquired of
them, whether, that after the Affairs of the
realm, and the cnus*.? of the calling together
of the States of the Parliament, were once bv
the kind's command rncnt decl-ired and opened,
and other ArlicU-s on the kin«!'s behalf limited,
upon which the Im-ds and commons of the
realm ought to treat and i»roceed if the h)rd*>
ne\"ertlieless would jirocecd upon other Arti-
cles, and not meddle with those Articles which
the king had Inuited, till the time the king had
answered the Articles proposed by them, not-
withstanding the king injoined theiu to the
contniry : whether in this case the king might
rule the parUament, and cause them to pro-
ceed upon the Articles by him limited befurt^
they proceeded any fun her .? To whicli Ques-
tion It was answtred, That the king shtudd
have in this part the rule for order of all such
Articles to be pn)seciited until the end of the
parliament ; and if any presum<>d to go con-
trary to tlii«i rule, he was to lie punished as a
to his seal, he burst out into these words :
* Now herc» lacker h nothing hut a rope, that I
* mav receive a reward worthy mv desert; and I
< know it I had not done this I s>hould not have
* esc:iped your haiuls; so that fur your pl(>asurcs
' nhd the kind's I have dene it, Jiiid thereby
« de««er\'e firath nt tijc hands of the lords.'
Holin. Vol. iii. p. 450.
traitor. — 7. It was asked, whether tlie king,
whensoever it pleased him, might not dissolve
the parliament, and command the lords and
commons to depart from thence, or not?
Whereunto it was answered, that he might.—
8. It was inquired, that for so much as it was
in the king to remove such Justices and Officers
as oifeurled, and to punish them for their
oflences, wiiether the lords and commons might
without tho king's will impeach the same Offi-
cers and Justices upon their Offences in Par-
liament, or not.^ To this answer was made.
That tliey might not; and he that attempted
contrary was to suffer as a Traitor. — 9. It was
inquired how he is to be punished tliat moved
in the parliament^ that the Statute whcreia
Kdward, the son ot king Edward, great grand-
father to the king that now is, w:*.s indicted in
parliament, might be ^ent for ; by inspection
of which Statute, the said new Statute, or Or-
dinance and Commission, were amceivcd and
demised in the parliament? To which Ques-
tion, with one accord, as in all the residue,
they answered, that as well he that so sum-
moned, as the other, which by force of the said
motion brought the said Statute into tho Par«
liament House, be as public Offenders and
Traitors to V»e punished. — 10. It was inquired
of them, whether the Judgment given in tiie
parliament ngaiust Michael de la Pole, carl of
Suffolk, were erroneous, and revocable or notf
To which Question likewise with one assoit
they said, that if the same Judgment were
now to be given, the Justices and Serjeants
aforesaid would not give the same, because ii^
seemeth to them that the said Judgment it
erroneous and revocable iu every part.— In wit-'
nciis of the premises, the Justices and Seijeantft
aforesaid to tliL'sc ])resent5 have set their senb;
there being Wituc^sess, Alexander archbishop
of York, ji4)b(Tt archbishop of Dublin, John
bishop of Durham, Tliomas bishop of Ches-
ter, John bishoj) of Bangor, Hol>ert duke of
Ireland, Michael earl of SuOblk, John Kippon
clerk and John I3lake.
UO. " These five E\ il-(1oers and Traitors are
also farther luxrused, that they dnrw away the
heart and g(M)dwill of the king from the snid
lords and others, who had agreed to make tlie
said C(mnnission and Onlinances in tlie last
parliament, and he thereupon accounted tbem
Knernies and Traitors: and lieing sure the saiii
Justices favoured their designs, contrived that
those lonls and others should be an'e^tird, in-
dicted, and attainted by false Inquests of Trea-
son, and jnit to death, and they and tlieir issue
disherited; and these false arrests, indict
ments, anil attainders, wen.* to l>e made in
London or Mifldlesex ; and for that purpose
they had procured a false and wicketl person
called Tliomas Husk, to be under-sheriff of
Middlesex : w1k> by their assent, proc'trement
and command, undertook the said Hdr^e Indict-
rnrats and Attainders should U' made and bo-
compli«»liefl ; and for the more complete effect-
ing of tlwir Treas '11, th«'y causrd the kii?*: to
(end his Letters of Credence by one Juim llip-
W] STATE TRIALS, 1 1 Ri< f iaud II. 1 5B^.^Archhishap qf York, and others. [ 1 IQ
p-iOi a false clerk, ond one c)f their crew, to
tuc lu.iyur of Lcindun to arre>t the diikc of
C*i.«y.x*»ii'r, niid others therein named ; iuid by
fjrce ul' tiiosc Ix'tters one JoJin UlaLe carricJ
Ij the mjyor a Bill of Inforniution against
iht:uif hy which tl;ey were to he indicted and
M'.iaiiiiel. The cUect of whicli bill was
> Tiat u seemed for the better that certain of
'Utfrlonl^, kni^Itts, and c(»nniionh of the last
'^4riiajnent Mhicii were notoriously inipeach-
*^ur.. -houlJ be priinlcly insUclcd in L()ndon
•»-d MiddUrjox of C'ousjjinicy and ContcJc-
*.ii7. for thai iliey at a certain day mentioned,
'ijfeciv and (raiterouilv lutd conspired and
* loLfe icrated htt-Aeen thcnisehos lo make in
' fHe Slime par*i'micnt a Statute :!.!'.d Coinini.—
* Si-iO ajain.'t the rovaitv of our Ion! tiar kin'',
* liuJ in derogation of iiis crown, aitd procn/cl
' li^ »unic ^»tutute there afterwards at a < t r-
'uiu day to be pas.-cd ; find alsi ir.id pro-
*curtd, nay constrained our lord the kin;; to
' liicnt u^inst his will to have it iiiiirlc ; ::!il
* (Ikry iruiierously at^ainst tlicir uilt*i;:anre
* hindered the king from n.*:inc his royalty, to
* iLtf i^redt di&herison of iihn, and derogation
* C'i hi» cruwii, ;igainst their alUgianco, s'.t earing
' to maintain each other in this matter.*' — And
farther. The said Kvil-doers and Traitors bet a
vatch to i;i\e riutice of the duke of Lancaster*s
ludin^ in England, tliat he might be arrested
■poll lu» arrival.
27. ** Also ttie hhorc-nam cd five Evil-doers
•Dd Traitors, after having informed the king
t^ be shiiuld bcheve that the said Statute,
OrdiaaBce anil L'onnnission were made in dero-
pim of his royalty and prerogative, they
rrocsiv possessed him that all those who
i-Aidc or causeii to be made the said Statute,
lJr*..VAace and Commission, had thereby a
P'«?pCp-feio dccrndc, and linally to oppose him,
U4 iitv rbey wunld not give over that purpo^e
isci taej had perfected it; for which (-au>e
' tfciir^held them ns Knernics and Traitors.
SS. ^ Also, after this false and traiterous
I.'Jvnnatiou, when the fi\e aforesaid had pro-
wired the king to hold the loyal lords as Kne-
=>efl and Traitors; the said Misdocrs and
Trxtors advised him by e^ery way possible, as
veil by the power of his own people, as by the
^^^•er of his enemies of France and others, to
icitro* and put lo death the said lords, and
«L otters who assenteil to the nnkini^ of the
Iu4 .Matutc, Ordinance and Connnis'^ion ; and
i^ It rDi|:ht be done so privatcU, a? none
It^it know of it till it was done.
Se9. " Al»r>, to accompli^-h tlic Iligh-'IVc-json
lijTi^aid, Alexander, &c. llobiTt dc \'c re, iVc.
Kd Michael, &c. by their ad\icc, c:iu>e(l the
tiag to send bis Letters of Cndenrc to the
i^crory the kin:; of France; some by one
Xcbfliis .^liulhwcll, B )!^TOom of ihe chamber,
^3d otticrs by otiier persons of small account
- ' " ■•' ■ 1
2i ««-d siranzers ns Knglish, requr stint; and
rr.;ir>j^ the kir'ic; nf France tint Ik; would with
•J L'« |ifjvriT and advice be aiding and assist ini;
'rj fu dtatrov and pnt to denih the said IorJ<*
•^* urlicr £x'i{iifeh which the kmg held to be
his F.nemies and Traitors as above, to the great
disturbance and dissaLisfucLion of the whole
realm.
30. " Also the tlire(» last named persons en-
croaching to themselves royal power, caused
the king to pnimise the kmg of France, by
his Letters Patent and Messages, that for such
his aid and power to accomplish the same, he
would grant and surrender unto him the town
and castle of Calais, and all other castles aini
fortresses in the marches and confines of
i Picardy and Artois, with the castles and towns
of Cherbiinr and Hi-e^t; Ut the great disho-
nour, trouble, ;;iid ruin of the king and
j kiiijrdom.
! :U. *| A In), nfier the last named three were
j sure of haviu'^ aid anrl as-)i->:a!jce from tho
kiriff of France, Ijy instigation and contrivance
of tile said Traii«)r*;, a conference was to have
been ill the marches of ( -alais about a truco
/(>r live yiKjT-s lu'twccii thi* ijvo nations; at
whicii coiiiiviTce both kiniis were to Ix? pre-
sent, as likewise the E!ii;Iiw|i lords whom the
king then held to be hi:> Traiturs; and tliere
Tiiomas duke of Glocester, cjnstabk* of Eng-
land, Richard earl uf Arundel and Surrey, and
Thomas earl of Warwick, and divers others,
. were to havo been jjut to death by treachery.
32. " Also for perfonnancc of this High-
Treason, the U'-r named three caused the king
to send for Safe-Conducts to the king of
France ; some for himself and for the duke of
Ireland, and others fi>r John Suli«;bury and
John Liincaster, knights, with other people with
them, who were logo into France, to put in
execution this wicked purpose and treason,
which Safc-Condiicts were ready to l»e pro-
duced.
33, " ANo the aforesaid Nicholas Brambre
false knii^ht of London, by the assent and ad-
vice of the said Alexander, &c. llobort de
Vere, iiC. IMirhail, \-c. and Robert Tresilian
false Justice, encrriaching to themselves royal
power (as bt lore) some of them went personally
into London, and without the assent and know-
ledije of the kiii;:, there openly in his name
made all the (■rafi> or trades of that city to be
sworn, to hold and perform divers matters not
lawful, as ih contained in the said Oath upon
record in Chaiicer\ : and amongst other thiug<i,
that they £!:oulti keep and maintain the king's
will and purpose to their I'.oucr, against all
such as wcii", or shouhl Im- rebels against the
king's person or liis royalty, and that they
should lie n ar|\ to live and die with him in
dc^t^lu*tio[l of :ill rurh who did or should de«
sign Treason against ll:e king in any manner;
and that tht\ r.i.oiild be ready and come
speedily to their mayor t'*ir the time being, or
that afterwards should hi', when and at what
hour ihcy should be rifpiirtd, to resist, so hnii;
as they lived, nil such us d.d or should dc'ipn
any thing a'j,;iinsr tJu; king in any of the point«
nbove«aid : ui wWu \i time tlie kin^, by evil In-
formation of the said .Misdotrs and Traitors,
and l>y the fal*c Answers of the .Tnsticcs,
friiil)- hild the said lord> aiid others who can-
Ill]
STATE TRIALS, II Richard II. 1 3BS, -^Pi-occcdings against the [112
trived the said Statute, Ordinance and Com-
mission, to be rebels, enemies, and traitors,
which false Iniormution was then unknown to
tlie people of London ; and also by obscure
worfw contained in tlie said Oath, the intent of
the Misdoers and Traitors being to engage the
people of London to raise their power to dc-
i^troy the said loyal lords and otl.ers.
34. ^< Also tlie said Nicholas, Alexander,
Robert de Verc, and Michael, as Traitors to
the king and kingdom, encroaching to tlieni-
selves royal power, did of their own authority,
without warrant from the king, or his great
council, cause to be proclaimed through the
city of London, that none of the king's lieges
should aid or comfort Hichurd earl of Arundel
and Surrey, a peer of the land, and one of the
lords of tlie king's great council during the
Commisbion ; nor should sell him anuour,
victuals, or other things necessary, but should
avoid all of his party as rebels, upon pain of
lM*ing proceeded against as rebels, and on for-
feiture of all they were worth ; shewing letters
patent from the king for making such Procla-
mation, being to the destruction of tlie king's
liege subjects.
35. " AUo the said Nicholas Brtmibre, by as-
sent and council of the said Alcximder, Hiibcrt
de Vere, and Michael, caused it to be pro-
claimed in the city of London, That no person
should be so hardy as to pri'sume t(» speak any
ill of the said Misdoers and Traitors, upon puiii
of forfeiting to the king whatever they were
worth.
36. " Also the said five Traiior> to the \\\\\\l
imd kingdom caused the king to make certtiin
persons to be sheriBV through tiiv* kiundi/in,
named and recommciuled to him by the >:ii(l
Evil-doers and Traitors, to the intent that tiiev
inii:ht get such p(*rsons as they should niiiiu' re-
tiiriud for knights of the sIut to sc.ie in pur-
lianient ; to thtMindoing of the loyal lords ;iiHl
commons, and also the gixid luws and ru.-iom^
of the kingdom.
37. " Also the said tixo Misdorrs und ']V:'i-
tors, during tlie liiiip of iirotctlion , to iiiiidn-
the Appeal acziinsl then', lidstly »in:nsL'll« <l anii
prevailed with the kinj it> c.'.Mi:i:;iiid by his let-
ters di\ers knights and iscjiiin *, sii(-nli>, iinrj
other niinistcr->of sevtTul comiiits. i«i U-xy and
assemble all the powtr lln'v omld to join with
the duke of Ireland a«i:\inbt thi: l/iiil Appi-1-
laiits, to make sudden war upon and dtstri>y
them.
38. " Also durint: tlu- time "if the s-.iiil pro-
tection of the said RoluTt de Xcrc, Mirliael,
&c. AlexandtT, Nicholis, \r, liny cause il Uiv.
king by his letters, to si!;nify to tlu- fluke of Ire-
land, I hnl they uert' all appcalfd of TrfMson
by Thomas diiki' of (!louo"*Tc r, con^ndije of
Kngland, Kich.ud eiirl<if ArniiiU'l and SiTrty,
and Thomas earl of Warwick, and how he h id
given them day until the ne\t pariiimiiMit, and
Low he had taken into his «pt:'.'i:d proti-ction
both parties, with all their goods x\vn\ chattels :
And It was further contained in ilie king's let-
ters, That if the duke of Ireland should ha\ c
soflicient power, he should nr;t cease to march
on with all his force to come to liim. And soon
after tliev caused the kin;; to write to tlie said
duke that he should take the field with all the
force he could get together ; and iliat he would
meet him with all his troops, and that he wouki
adventure his royal person with him, and that
he was in great danger, as also the whole na-
tion, if he wjis not relieved by liim : and tliit
the duke ought to declare to all the people with
him, and that the king would pay the wages
and costs of the said duke, and all the people
assembled with him. By virtue of which Let-
ters, imd the wicked and traitorous instigations,
as well of the duke and his adherents, as of all
the other Misdoers and Traitors, he raised a
great number of men at arms, and archers, as
well in the counties of Lancaster and Chester,
as in Wales and other places of the kingdom,
to destroy and put to death the Mtid loyal lords,
and all others who liad assented to the making
of the said Statute, Ordinance and Commission,
in defence of the king and his kingdom.
:»!>. •* Also the said Ufibert de Vero, dnke
of Ireland, as a f.dse traitor to the king and
kingdom, assembled a great powei* of men at
arms and archers in l^meushlre, Clieshirc,
W.des, and many other places, to the intent to
have traitorously dwtroyed vMth all hi-* power
the said lonls, Thomas <luko of Ghmrestcr,
collectable of Kiinihind, lli.nry carl of Derby,
Uiclnnl earl <if Aniiidtl ami Surrey, Tliomas
earl of Warwick, uiirl Thomas earl marafaall,
with divers others the kiiii»'s llejzes, to the undo-
ing and ruin of the kin^ and the vJiriio kingdom ;
and bO rode and iiunclicd with a tjreat force of -
! men at arms, and archer>, tVom the ojunty of
Chester to Uaicot DnJiii.', accroarlring to him-
self ri»y;d power, and disjiUtviiig the king's baiH
ner in Ills army. a^.iiu^C the stale of the king
and If'- ( iiiwij,"
This liiijM'iK hnuut wii.' 4*\hiliitedim Monday
the 3rfl of Ti! unary, being the first day of the
parli:mi( 111 : utiea llic I ^nci-^ Appellants also '
i atiinncfl they were ready to n-ovc every Article -
' ot It as should be au:irdi;d in parliament, to the
. honour of (>od, and the advantaiie and profit of
I the kina; and llj»- whole nv.lm.— Whereupon all
: t lie persons a j»j)ealeil, im re by (.riinmniad of the
kioLi and lords ^••kmi.ly sunm.oncd in ibe
jrie.a Hall ai WcstiniusU-r, a? al f) at the Gate
•■f (he s'jid Piduc(, to coinc nnd answer tba
saifl Appeihinis; but up:>n their non-appeak^
ance, (ho ^n;.i duke a;Mi LorcU Appellants
pr:>>ed, 'I'hat il.cir dcfctiiir uii^iii be recorded.
fhen upon the -:pil App.ll.iitts aileduing, iliat
the ueciisrd Inul hdl in/iiceof the <aid Appeal,
and tfu? kihu and Iord> hL'in;r v:iM^fitMi it wusso,
by reason ihoy did not ap{,e:u, I heir delauk
was rerordtd accrdiojly : Whereupon the
said duke :.»id r:ir!s Aitpell-.inrs prayed the
kin^ and lords, that ihi-y Miiiriit be adjiirti^
and ciHivicied «»f tiie Triasiii/> roniained iiitht
said Aj.pcal. Then the kin;; and lords toclE
time to consider and examine the Artidei^
after which they would j;:vc *ucli JudgniintlB
this case, as should be to the iionour of Ood^
113] STATE TRIALS, II Richard II. I SSB,—ArMi^opqf York, and others. [Hi
the advantage andprofit of the king and the
«l)r)!e kMgduin. Tiieo the king commanded
the said lurds to examine the Ariicles scvc-
nK^r which they did with great labour nnd
dJizence, until Thursilay the 13th of February.
DurUig this interval, the Justices, Scrji'anis,
wi other sages of the law, both of the realm
Uii law ciiil, were charged by the king to
pT« their faittiful Advice to the' lords of par-
buent hovr they ought to proceed in the
iWirsaid Appeal. Then the said Justices,
Sr/jcaotfl, and sages of both laws having taken
boe matters into tlieir deliberation, answered
lie said lords of parliament, tiiat they had seen
Hid well understood the tenor of the said Ap-
CI, and affirmed thnt it was not made nor
light according as the one law or other re-
qaiTML Upon which the said lords of pailiu-
meat, having taken deliberation and advice, it
m by theasbent of the king with their common
accord declared, That in so high a crime as is
bid in this Appeal, and which touches the per-
ion of [he king and the estates of this realm,
aad IS perpetrated b^ persons who are peers
cfccrcuf, together with others, the cause cannot
be tried elsewhere but in parliament, nor by
any other law or court, except that of parlia-
ment; and that it belongs to ttie lords of p:ir-
bmeat, and to their free choice and liberty, l>y
■nticnt custom of parliament, to be judges in
such cases, and to judge of them by the assent
of the king ; and thus it shall be done in this
case liy award of parliament, because the realm
ef England is not, nor ever was (neither is it the
m&ent of the king nnd lords of parliament that
it shall ever bw>) ruled and governed by llie
eiiH Uw ; nnd therefore it is not their intent
cOjRvise to proceed in so high a case as this
Appei, which cannot be tried or determined
inr vivre else than in pnrliimicnt, since the
f^xRsor oriiCr uscd in inferior courts is only
t*'.Utj arc intrusted with the execution of tlic
iscicne laws and customs of the realm, and
Xhe Ordinances and establishments of pnrlia-
Ben! : and it was the Judgment of the lords
Of pviiament, by assent of the king, that this
Appeal WHS y»el\ nnd duly brought, and the
przctib apon the some was good and eifectunl,
⁣jrd:ng to the laws and course of parliament,
aacl l.y whic'ti thoy will award and jud^e it.
i';«r>n 'aim tlie Appellants agnin movtrd the
k.'ftj and lords to record their IJefault ; and
llrj Nich'il'is Drambrc (who was the only pcr-
•n 'ji custody) might he brought to answer.
Then t't.i: otlier persons appealed were aguin
■tfoinontd to come in and n'.akc Answer, bul
tfev did ri<>t appear ; nevertheless the king and
krdft took time to dchberate till the next day,
btDz iht' oiU of i'Y'bninry; at which tim;' liie
cud Appellants :i^i in prayed that the IX fault
«' the appcalt-d might be recorded, which was
4ioc acrordioely. Aficr whirii the lunl chnn-
eilior, [Titv ln^hoji nf Kly; Tyirel s:\ys, the
anJihiahop of Cuiiterbcrv], in tl.c nuine ui'ri:v
rier^v, in open pailiauiciit, ULide an oral ion,
ij*'*iiiB, • Tbtt they cmld not by ony nicfms
k;;riM.'iK at proccriiin|;s where auy ceu»urc of
VOL. I.
death is to be passed ;' for the confirmation
whereof the t'!eri;y delivered in a Protestation,
which being read, thL-y declared, 'That neitliiT
* in respect of any favour, nor for fear of any
* man's hare, nor in hope of any reward, they
' did doi^ire to ul>seiit themselves; hut only that
' they were bound by the Canon not to be
' pre!»ent at any nimrs arraignment or con-
* denmntion.* — ^'I'liey likewise sent their Protes-
tation to the Chapel of the Abbey where the
commons sate, which was allowed of.
And then, cm the 13th of February, tho
king and lonU of parliament being met again
in the Whitehall, the i>uid Appellants prayed
tint the last Defnulcof the said archbishop,
duke, and earl, and Robert Tresiiian, should
be recorded. Then the persons accused being
again sunnnoned (the third time) and not ap-
pearing, the lords proceeded to judgment, and
declared, that divers of the Articles therein
contained were Treason ; as the Ist, 2nd, 11th,
12th, 15th and 17th ; as also the 18th, 39tb,
30th, 31bt, 3*2nd, 37th, 38ih, and 39th Articles :
and thon upon due infomiation of their coih
sciences, they pronounced the said archbishop,
duke, and earl, with Ilobert Tresiiian, to bo
notoriou>ly guilty of each of the said Articles
that conccrnetl them, and that they were also
culpable of all the rest of the Articles contained
in the said A{)peal, not yet declared treason.
Then in presence of the king, and h>rds, as-
sembled at the day and place aforesaid, tha
said duke and earl? Appellants prayed the king,
and the lonls there present, that the persons
so appealed as aforesaid should be adjudged
convicted of tho llich-Trciisons contained in
l;he suid Appeal.-}. VVhevpftirc the said lords
of ptirliaincnt ihore present, as judges in par-
liuincnt in this cnsr, by assent of the king pro-
nounced ihoir Scjircnce; nnd did adjud*;e tho
said arclibi<$hop, duke, and earl, with Robert
Tresiiian, so appealed as aivresuid, to bo Guilty
and convicted of Treason, and to be * drawn
and hanged ns Traitors and Kncmies to the
king and kingdom ; nnd that their heirs should
be disinherited for ever, anil ilwiir lands and
tcriOniL-nis, p;oods and chaiicis torfoited to the
kint;, and that the tcnipondities of the arch-
bishfip of Vork should be taken into the king's
hands/
On this dny [Peb. 17], sir Nicholas Brambre
was brouiiht by the <i)nstaMc of tho 'lower
int!> parliament : and hviwz charged with tho
atlirebaid Arlirks of Ticason, he de:»ircd longer
time, that he niii:ht advise with counsel
learned in the liw, and miirlit nsake a more
full Answer tn l.'s Accnsaiion ; but he was re-
filled, in tl.nt lie required a thing not usual,
ii.>r allowable l»y law in a ra*^c of this nature,
whercnp'sn tlm Jud-c-i rtMpiired him then to
on^'ver tcvfr.iily and di^tincily to every point
in the Aitif Ic.i i.f Tici'^oo rtr.'ts'.ined. Wlwre-
luito Piianilrc nti«;i^".M'.!d, * \VI»<i*tiovrr lialli
' * l:rnnd(!d uw wiili tlii^ i^innninious maik, uili
{ < him I am ready to fi^ht in the lis'r« to main'
, * tain my inuoccJiry, wlicnuvcr the king shidi
< appoint/ And ihlii he spake wiih buchi
i
1 1 j] STATE TRIALS, 1 1 Richard II. 1 3 SB, —Proceedings against the [\16
i'urv, timt liis eyes sparkipd v<ith ra<;e, aitd he
breathed us if an .hum lay hid in iiis breast,
chusiii}; rather to die gluriuusiy in the tield,
th:i!i disgrurefully on n pibbct.
The Ap])clla:its hearing; this courageous
chnllenuL', with resohite countenance nnswcred.
That ttiey wouhl rtadily accept ot' the cunibat,
and tiicrcuptin tlun^ down iheir g^iges bclbrc
tiie king ; and on a sudden the whole company
otMordti, kniu;his, c&<|uirc<i, nnd cumniouTt flung
do A II their g^i^t^ so tliick, that they seemed
like snow in n win'er's day, crying, out, * We
' uIm will accept of the combat, and will prove
^ these Articles to be true to thy head, most
^ damnable Traitor/ liut tlie lords resolved>
that Battle (n) did not lie in that cose, and
that they mould examine the Articles touching
the said Niciiolas, and lake due Information
by all true, ncceMSiiry, and convenient ways,
that their cunscienccd mi^ht be truly directed
iirhat Judgment to give m this case, to the
honour of God, the advantage and prollt of
tlie king and his kingdtmi, and as they would
answer it before God, uccordhig to the course
and law of [Mirliiunent.
Tliis day, [I-'eb. 19,] to ag^rnvnfc the Appel-
lation nganibt the Conspirators, there came di-
vers Companies of the City of London, com-
plainim; of the manit'old injuries they had suf-
lercd from Bra mbre, and oilier Extortions and
Exactions wherewith they had been dailv
charged ; nnd yet they pr tested, that they
did not accuse him either for iK.te to \\ii% per-
son, or fur love, fear, or hope of reward from
his enemies, but they ch:ir;:ed him only wiih
the tnitb. -IJei-uc they conUl pr^ cee(l with
his Trial, they were interrupted by unfortunate
Tresilian, wh i being got upon the top of an
npothecar}'s ho(i>e adjoining to the Palace,
nnd descended into n gutter to look about
liim and ubservi! who %^ent intu the Palace,
was disco>ered by certain of tfie peers, who
Ert*sently sent s<jme of the (luanl to aj^pre-
end him : who entering into the house where
he wns, and having spent h)ng time in vain in
lr>oking for him, at length one of the guard
8tept to the m istcr of the house, and taking
him l)y the shoulder with his da^jger drawn,
said thus, ' Shew us where thou hast hid Trc»-
silian, or else resolve ihv davs are a(Ton>-
plishe<i.* The master trembling aiul ready to
yield up the giiost for fear, answered, * Voniler
IS the phice where he li(s ;* and showed hiui a
round tabic covere<l with branchi*s of bays,
under which Tresilian lay clo>e a)vered. When
rhey had found him they drew hhn out by the
heels, wondering to see him wear his hair and
beard overgrown, with old ch)Ut(Hl shf)es and
patcluHl hose, more like a misenible poor
beggar than a judge. — When tliis came to the
f«n» of the f»eei-s, the five Appellants suddenly
rose up, and goinn to the gate of the Half,
(n) In appeals of Treason, battle di>e» not
lie, ifit can be pro\cd by witnesses. See Prtn
ccedings agQiDst the earl of Clarendoo, a. d.
1067.
the^ met the guard leading Tresilinn bound,
crymg as they came, * We have him, we luve
him.Yo^ — Tresilian being come into the IlaU,
(o) Froisari'sChron. part 2. fol. 110, relates
the manner of his discovery thus : " L^nd?r-
standing that the kin»*8 uncles and the new
Council at England wouhl ki^ep a secret Par-
liament at We^tulinstir, he (Tusilian) thought
to go and lie there to lc:irn what snould be
done ; and so he came and lodged at Westmin*
ster the same day their Council began, and
lod^M at an alc-housc right over-ngainst the
I P;dace Gate, and there he was in a chamber
, looking out of n window down into the court,
j and there he mi^iht see them that went in nnd
I out to the Council, but none knew him because
j of his apparel. At last on a day, a squire of
the duke of Glouccsier'sknew him, for he hid
oftentimes been in his contpany : and as soon
as sir Robert Tre>ilian saw him he knew him
well, and i\ithdrew himself out of the window.
The squire had suspicion thereof, and said to
himself, ' methinks I see yonder sir liobert
Trisihan;' and to th^* intent to know the truth,
he entered hito the locL'inir, and said tu the
Wife, * l):ime, who is that, that is abf)ve in ihe
chauiber P is he alone or with co.npanyr' * Sir/
quoth she, * I cannot shew you, but he has
been here along^pace?* Theret\ith the squire
went up the better to advi«e him, and saluted
him, and saw well it was true; but he fc:gned
liiniAcIf, and turned his tale, and said, ' God
save you, g<Jod man, I pray you be not discon-
tented, for 1 took you for a farmer of mine in
Kssex, for you are like him/ ' Sir,' quoth he,
' I am of Rent, and a farmer of sir .fohn of
Ilolland^, and there be men of the bi&hop of
Canterbury'^ that would do me wrong; and I
am come hi i her to C')mphiin to the Council.*
* Well,*qnoih the squiie, * if you come into the
palace 1 will help to make your way, that you
shall speak with the lord^ot',thc Council.* * Sir,
I thank you,*qiioth he, * and I shall not refuse
your aid.' Then the squire called for a pot of
ale, an'.* drank wiJi him, a.nd paid for it, and
bad him farewcl, and departe<l ; and never
ceased till he came to the Conm.il Chamber
dor)r, and caiUd the Ubher to open the door.
Then the usher demanded ^hai he would, be*
cause the lords were in Council : lie answered
and said, < I wrjuhl S(iCak with my lord and
master the duke of Glor-e'^ter, for a matter that
riuiit near toiiChctli him and all the Council.*
Then the usher l-t l.im in, aud when he came
before his masier, he said, * Sir, 1 l:n\c brought
you great tidii^j-,* * What be ti:(y?' quoili the
duke. * S r,' iiii'.»th the sqr.irc, *Iw:Il Kpeak
ahmd, for it toiii-l.cthyou and aH my lords here
prercnt. I h:v.c ve<n ^Ir IJobeit TresiII;in dis-
guised in a >i!j=un*.-> h;;bir, in r.n alel.onse here
V. iihobt iiie gate.' * livsiiian !' qnotb the duke.
* Yea, truly, hir,' qncih the >',u'rf , • yiiU shall
have liim tie ynu so to dinner, if yiiu please.*
' I am content,' quoth the duke, * mul he sliall
show us some rcws of iils n\aster the duke of
Ireland ; go thy way uud fetch him, bat look
117] STATE TRIALS, 1 1 Richard II. l$SS.— Archbishop qfYork, end others. [US
«as asked what he could say for himself, why
ciecuikifo »huuld nut be done acconliiig to the
JddiciiKnit pawed up«>n him for his Treasons
M on en cummitted ; hut he became us one
Kreck dumb, he had nothinj; to say, and his
bean wa:* hHrdeneH to the very last, so that
he MOutd not confess himself guilty o{ any
ikia^. Whereupon lie was without delay led
to the Tower, that lie might suffer the Sentence
p«w.l against him : his wife and his citildren
ttf iiitii iiiaiiy tears accompany him to the
Tower; but his wife ni'u» so overcome with
jpier*, that she fell down in a swoon as if she
Itad been dead. — Immediately Trcbilian is put
ipon an hurdle, and drawn thnmgli the streets
« the citT, wirh a ^'onderful concourse of
Mople ful lowing hiin. At every furlong\ end
w was suffered to *^top, that he might rest him-
self, and to see if he would confess or ackiiow-
bd^ any tiling ; but what he said to the frier
his coofe^sur, is not known. When he came
BD the pi tee o( execution, he would not climb
die ladder, uniil such time as being soundly
bettea with hats and staves, he was forced to
|o up ; and wiicn he was up, he said, ' So long
aslda wemr any thing upon me, I shall not
die;* wherefore the executioner stripe him,
ud found certain images piiintcd like to the
■1^ bf Uic heavens, and the head of a devil
puDted, aiid the names of muny of the devils
wrote in parchment; these being taken away
ke wtks hanged up naked, and after he had
hic«ed soixit.' time, that the spectators should
be Mire he was dead, they cut liis throat, and
thji tlio'j bo strong cno'.igh so to do that thou
i^zA^ Ti.c sqiure went fuith and took tliur
Kr»3<-*i wiiii him, and said, ' Sirs, follow me
siir t^- sitiil as soon ns I make to you a si<i;n,
ttd iw. 1 lay my Initd on a mnn, that I go for,
^eljk and* let him not escape/ Therewith
£se '•'jnirc tniercd intt> the house «hereTre-
S!iuo Hu, and went up into the chamher; and
a* so c as be s:iw him, he siiid, ' Tre«>ilian, you
srec^aie into this country on no goodness; my
lordtbeduke of Glncestcr commandeth, that
;>M come and speak with him/ The knight
■uild have excused himself, and said, < I am
BU Tresilian, f am a furinrrof sir John of ILoI-
k&d«/ • Nay, nay,' quoth the squire, * your
bodf is Treadian, but your habit ij not ?' and
tVfr^i'.h he made tokens to the scrjeants that
tUf b^ould take hhii. Then thev went up into
•fie chjnibiT aud took him, and so brought
;• B i'< (lie p:d.K-e. Of his tnkiiii; the duke of
Gl>t»:tr v.u» rigiit joyful, and would ste him,
itJ n.'.f*n \if: was in his prci^ence the duke
wJ, ' TrcMili'iu, what thing ni»kes you here in
UiiaouMtrv ? where is the king? where left
f^iU Mm r* TrL-biii.in, when he saw that he was
Rmili known, and that none excusaiion could
i»aii hnn, stolid, * Sir, the kin*^ sent me hither
bfiearii tiding'-, and he is at Hristol, and hunt-
cb iline tliC riirr Severn.' • Whar/ quoth
t'ke (!uLe, < y(«u are not come like a wi^c m:in,
**A rtchirr liLc :i spy ; if you would have C'>nie
'j u>tf icafnt Uditi^'tf you fchuuld have coute in
because the niti^ht approached, they let him
hang till the nfXt morning, and then his wifo
having obtained a licence of the king, took
down his bt»dy, and carried it to the Gray-
Friars, where ir was huricd.
On this day [Feb. 30], Bnimbrewas brought
acrnin before the parliament ; but not being
able to make any Answer to the Articles
wherewith he was charged, the like Sentence
was pronounced against hun, as had been he-
fore against the other conspimrors. Aflcr
which lie wa<i drawn upon an hurdle from tlio
Tower to Tyburn, throu^^h the city, when he
shewed him&cif very penitent, humbly rniving
mercy and forgivenetis at the hands nf God
and men, whom he had ao grievously offended,
and so injuriously wronged in times past, ear-
nestly desiring all persons to pray for him :
when the rope was al)out his nrck and he was
reiuly to be turned off, a certain young man,
the son of one Northampton, nsked him if he
had done justice to his father or not [for
Northampton was in 1S85 mayor of the city
of Loudon, more wealthy and suhstantial ihaa
any else in the City; him did Brnmbrc and
Tresilian accuse of' Treason and Con-^piracy
against the State, and condemned him to die,
being despoiled of his estate, ho himself at
length hardly escaped, Holin. vol. 3. p. 446.1
To whom Brambre answered and confehsea
with bitter trnrs, that what he did was most
vile and wicked, and with an intent only to
murder and overthrow the said Northampton;
for which craving pardon of the young man,
the state of a knight.' ' Sir,' quoth Tresiliaa,
' if I have trespa*ised, I ask pardon, fm- I was
caused this to do? * Well, sir' quoth the duke,
*and where is your master the duke of Ireland ;*
* Sir,*quoih he, * of a truth he is with the kinjr.*
* It is thrived us here,' quoth the duke, * that
he abscmbleth much people, and the king for
him; whither will he lead that people?' * Sir,'
quoth he, * it is to go into Ireland.' * Into Ire-
land !* quoth the duke of GInccster. * Yea,
sir, truly, quoth Tresilian : and then the duke
studied a little, and said, * Ah, Tresilian ! Tre-
silian ! your business is neither fair nor g(»od ;
you have done great folly to come into this
country : for you arc not hcloved here, and
that shall well he seen: you and buch other of
your aflinity have done great displeasure to my
brother and me, and you have troubled to vour
power) and Mith your counsel, the kiui;, and
di\crs others, nobles of the realm; aleo you
have moved certain good towns ni:;tin!,t us.
Now is tho day conic, that you shall iia\e your
payment; for he that doth well, by reason
shall find it. Think on your business, for I
will neiilier eat nor drink till vou he dead.*
'I'hat word greatly abashed Tresilian ; he would
fain have excused himself uiih fair langiuigc,
in lowly humblini* liiu)sclf: but he couhi do
nothing to ap)ica»c the duke. So sir Uohci t
Tresilian was dclivcrid to the hangman, and so
led nut of \Vcstmin>rer, and there beheaded^
and after hanged on a ;;ibbcCt
110] STATE TRIALS, II Richard II. l$S9,— Proceedings agahut the [\Q0
)ic was suddenly turncfl off, and the executioner
cutting his tiuroat he died (p).
liobcit Belknap, Joint llolr, Uogrr FuL-
thorpe, William Burleigh, John Caivy, and
Juhn Lockton, bein^ inipcuclicd [March !^.]
l>y the Conunons, \Mrc calUd to anMMcr for
examine the matter and circamstances of it^
and fur that they were present at the makine of
the said Statute, and ("ommission, which thej
knew were contrived for the lionour of God,
and tor the e;ood government of the state of the
king and wliole kingdom, and tn;it it was the
their Conspiracy ngainst tJic Coniniissi<Mii rs at j king's will, that they should not have otherwise
answered tlieni, than according; to law, and luid
answered as before, they were by tlie lords tern*
poral, by the assent of the kins, adjudged to be
* drawn and hanged us Traitors,' their heirs
disherited, and their lands and tenements^
goods and chattels to be forfeited to the king.
Wliilst tiie Peers were trying them, the Cler*
gy were retired into the Kinu's Chamber ; but
when word was brought to them of the Con*
dcnniaiion of the Judi;e<i, the abp. of Canter*
bury, the bishop of Winchester, the chanccUor,
the Treasurer, the Lord Keeper of the Privy*
Seal, arose liastily and went into the parliament
house, pouring furth their complaints betbre th«
king and peers, humUy upon their knees be*
seechuig them, that for the love of God^ the
Virgin Mary, and all the Saints, even us thej
hoped to have mercy at the Day of Judgment,
they should shew favour, and nut put to death
the said Judges then present. — ^Thc duke of
Gloccster likewise, with the earls of Arundel,
Wanvick, Derby, and Nottingham, wbostt
hearts began to be mollified, joined with then
in their Petition. At length through their in*
terce^sion, the execution upon their persont
was spared, and their Ii\es granted them ; but'
they were sent back to the Tower to be kept
close prisoners, and aftei wards were sent into
Ireland, there ro remahi for term of life (g).
On Tuesday, March 3, John Blake and
Thomas Uske were brought into parliament:
and first John Jiiake was impeached by tha
commons, That being retained of council for
the king, he drew up the questions, to wluch
the Justices uuide Answer, and contrived with
the i.ersons nppea/cd, that llic lords, and other
the King*s loyal Wl^ivs ihnt caused the said Com*
mia.>>iun and Statutt; to be made in the last par*
liament, should bv indicted in London and Mid«
dlesex, for triMson, and that they should be ar-
rested, and traitorously nud wickediv murdered:
und that he was aid'ng and advising in the
Ireosons aforesaid, with the appealed already
Nottingham. Tliiy could not guin^iiy, but
tliat the (Questions were such ns were then
asked them, but denied * the Aiiswerii' to be
80: and sir Kolicrt B.ikna:) pleaded in parti-
cular, that (ho arclibibh<»}i of York, in his
Chamber at Windsor, told liini th:u he had
devised and dra\\n up the Coiiinn»:ion and
Statute, whereby the go,vcrnmcnl nas wholly
taken out o( tiie king*s hands, and that lie
therefore hatt-d him above all men ; and that
if he found nut some way to make void the
said Statute and Commission, he should be
hWin as a Traitor. He answered, that the in-
tention of the lords, and such as assisted at
the makmg of them, was, that they should be
for the honour and good government of the
state of the king and kingdom : that he twice
parted from the king dissatisfied, and was in
doubt of his life ; and s^iid iht'se Answers pro-
ceeded not from his good- will, but were made
against his mind, and were tlie elVccts of the
threats of the archbishop oi' York, duke of Ire-
land, und earl of SuQulk : and that he was
sworn, and commanded in the presence of the
king, upon pain of death, to conceal this mat-
ter, as the counsel of the king ; and prayed for
the love of God that he might have a gracious
and merciful jud^iinent.
Sir John Unit al lodged the same matter of
excuse, and made the s&mc prayer, so did sir
William Burleigh, and sir John Carey ; who nil
made the same excuse, and made the same
requests, as did also sir iioger Puitliorpei and
John l^>cton, ^crjeant at law.
To all which tlie commons answered. That
they were taken and hohlcn for sf^ges in the
law ; and the king*!» w 111 was, that they should
have answered the (Question as the law was,
and not otlicrv\iar, va tlioy did, v\iih d(i:>ign,
and under C()lour of hnv, to muidcr and de-
stroy the lords, and lojal liegt-s, who were
aidin*; and assi>ling in making the C«)inmi»sion
and Statute in the l:isr parli^Ameiit, fur the uood
Govcrnuirnt of the State of the king and king-
dom ; and thcrciore the Conimon» p(ii\ud
they mipht be adjudged, convicteil, and at-
tainted Hs Traitors. Lpon uhich the loids
temporal took time by ^Dud deliberation to
(p) Grafton, p. i'79. and from l.im, liolin-
shed, vol. 3. p. 403, say, That in his mayoralty
he caused urent and m(>nstrous stocks to be
made to imprison men in, as also an uncom-
mon nxc to !«trikc olV the heads of such as
should re-ist his will and pleasure ; and that
lie was sciitenred by the parliameni to be be-
headed with his own axe. l-'rois:trt*s Chron.
Part. 9. fol. 113. But it appears by the Par-
liament-Uolls, 11 llif lu 2. Pnr. 3. No. 1^. that
both he and Trcbilian were druwn and hanged.
(g) They were thus distributed ; Robert
Belknap and John Holt in the vilbgc of Dro-
more in Ireland ; not to live as J unices but at
banished offenders, nor to go out of town
above the space of two miles upon pain of
death. But the king out of his bounty wai
pleased to give a yearly annuity of ^10/. to Ro«
bcrt Belknnp, and of ^0 marks to John Holt,
during thtlr lives. — Roger Tulthorpe, iind Win.
Burleigh, in the city of Dublin, with tb«
yearly allowance of 40/. to each during life,
with the liberty of going l^w> miles to Busleigh,
and of three to Fulthorpe, for their recreation.
— John (?ary and John J..octon, in Wnterford,
with the yearly allowance of 20/. to each during
life, with the like liberty, and like pcualijr*
121] STATE TRIALS, 1 1 Richabd II. ISSS Archbisftop qf York, and oifien. [129
tiecuted.-— llien Thomas Uske was acciiscti for
Exating kiins«flf to be made Uiidcr-Shvriif of
Nkllc&ex, to tlie end to cause the said lords,
ud loyal licgef, to be arrested imd indicted, as
kid bieen hi id before ; and wsis aiding and
cnunselltng the Appealed in the Treasons afore*
ml — Juhin BUike answered, * Tiiat he was
■earned of council for the king, by his com-
Hod, and sworo to keep secret his Advice,
•fri whatever he did, it was by the kins*s com-
Bad, wbum lie f>uj;ht to oh^^j And Thomas
Ike save the same answer. Whereupon the
kfds lenipornl touk deliberation till the mor-
nm, being the 4tii of March, when tlio said
Mil and Tbonias were again brought into par-
Ument ; and |;ood advice and deliberation hav-
iDf been taken by the lords, they pronounced
titffli Guilty of the things whereof tlicy were
Kcu&cd. And whereas they alledged for their
acise the king's command, it made the crime
tte gresiter, for that they knew well the persons
upealed and condemned, had encroached to
ONOselves royal power, as is said before, and
il was their command, and not the king*s ; then
lU lords awarded, by assent of the king, that
Ihpy should both be ' Hanged and Drawn as
TnhfjTs/ as open enemies to the king and
km^dora, and their heirs disherited for ever,
and iheir kinds and tenements, goods and
cWtcls forfeited to the king : and they were ex-
Kvifcd die sHixie day.
Oa the 6th of March. Thomas bishop of
Ciikbestpr was hnpeached and accascd by the
Commons, that be was present at the places
tad limes wlien the said Quosiions were put to
tie indices, &:c. and the Answers made ; and
nc:*^ J ihem by threats to answer us ihcy did,
■B^Vr^w the false purposes and Treason dc-
V^sc^^y the Traitors adjudged, and aided and
sniisca Lein, and would not make discovery to
ttrcftiSe lords, that caused the said Commit
t^iR It Ijc mzide ia&t parliament, whereby Kc-
t%rl\ ciiclit have been had for the safety of the
k'C£ and kini^dom. To which the bishop an-
^eftd, ' That of his own freewill, he had not
fficited t^cm to do or say any thing; and fur-
tJiersaidy they were not e\(iied or cliargod to
njBD} th'iug but wliat the law was : and touch>
mf^ thie concealment of the Treason, he had
Made s'jch assurance as he cuuld not discover :
Vjd said furtlx:r, that the traitors were about
the kiii^ ; and had such power over him before,
tUt h? hufl not su g;reat int'TCst in the king as
l^prfcteiit ihuse luischicfs, that now came upon
kra. The conuiions replii^i, He hud upon
ttK oiarter roiifcssed himsi If Guilty, itnd prayed
kmifEht^M: attainted. Upon this An.-wer of
tfie bisiiop, the Heplicatioii of the Commons,
■ad all circuni!'tancei> nf tlie Accusation, the
krdf rook time to i^l\e such Judirment, us
kich* l.e for the h'uiour of God, and prolit of
tkt km; and kini:dfjni.
^uiiw de Burlei«^h, John dc Benuchamp,
JaoiM Biiroverse and John .Salisbury, v\erc
^Riutsht inia the Parliament House, where they
*«ri impeached at the instance of the Coiii-
The ArticUt exhibited against tlicm
were sixteen ; the hrst Article was liie iirst Ar<«
tide in the former impeaciiment ; in the secoiiMi
Article they were accused as Traitors and ene-
mies of the kingdom, for that they knew of all
the treasons in the Appeal mentioned, and that
they were aiding, assisting, counseihiig and as*
senting to all tiie Traitors attainted ; and that
Simon Burleigh, and John Beauchamp were
prjncipnl actors in all the said Treasons. In
the eighth Article they were accused for con*
spiring and designing with the five persons ai>-
pealed, to destroy and put to death those who
were assenting to the making of the said Com-
mission and Statute in the last parliament.
Anotiipr Article was, That the said Simoii
Burleigh being King's Chamberlain, and being
obliged to counsel the king for the best, to the
advimtage of him and his realm, he the said
Simon by his wicked contri\'ancc and procure*
ment advised the king to entertain in his house*
hold great numbers of aliens, Bohemians and
others, and to give them large gifts out of tlie
revenues and profits of the realm, whereby the
king was greatly impoverished, and the people
otherwise oppressed. — The other Articles are
of less moment, but all relating to the articles
of the appeal, to which they all pleaded ' Not
Guilty/ — ^The Commons replied they were
Guilty, and the lords took time to examine and
consider the Impeachment. Upon this and the
bishop of Chichester's Impeachment, the lords
.idjounied until the 30th of March, on which
day the whole parliament was adjourned until
the ISth of April, on which day the lords fur*
ther adjounied till the 5th of Alay; the time
between was taken up with the AO'air of sir
Simon Biirleiuh: for tlircc appellants, viz. the
duke of Glocc*'tLT, the carls of Arundel and
Warwick, with the whole house of commons,
urged that Execution &!)ould be performed ac-
cording to the law : on the other side, the king
and qiicxn, the earls of Derby and Nottingham^
and tiio Prior of St. John his uncle, witli the
mnjor part oi' the house of lurdi, did labour to
have him saved. — '1 here was aUo some mut-
tering among the conmion people, and it was
reported to the parliament that the Commons
did ris3 in divers parts of the realm, but espe-
cially about Kent, in favour of sir Simon Bur-
leigh ; which when they heard, those that before
spake and ^i(»od for him, now clean left him.-^
By joint con-cnt of the king and the lords, Sen-
tenre was prononnred (May .5.) against the said
sir Simon Iiurleii:!!, That he (ihould be drawn
from thcTuv.cr to Tyburn, anil there be hang-
ed till he he dead, and thru have his head
struck from his body : but because he was u
Knight of the Garter, a •;ail:int courtier, pow*
erful, and once a (i ) favuu'Ite of thekin/s, and
much respertcj of nil lL'j co'irt, the king was
fdeascd to mil i<;:ito his doom, tiuu he should only
)e led to 'rowiT-liill, and there Im» beheaded.-—
John Mrauclianip, steward of the houshold to
the king, JaniCb Baroversc, and John Salisbury,
(r) See :i particular acouut of his fulvancc«
ment and greatp.css, llolin. vol. iii. p. 404.
123] STATE TRIALS, 21 Richard n. } *SQ7. —Impeachment qfT. Fitz-Aian. [124
knights, gentlemen of the privy-chamher, were
in like manner condemned ; May 12, the two
£nt were beheaded on Tower-Hill, hut Joim
Salisbury was drawn from Towei^liill to Ty-
burn, and there handed. On the same day
also was condemned the hisiiop of Chichester,
the king's Confessor ; but because of his great
dignity he was pardoued, but was banished to
Cork in Ireland (t).
(t) The judgments were afterwards re-
versed in the parliament held the Slst Kd. 3.
but that parliament is declared to have been
held by force in the Parliament Rolls, 1 Hen. 4.
Nos. 21, 22, and No. 48, and is therefore
entirely repealed by 1 Hen. 4. cap. S. and the
parhameut of 11 Kd. 2. coutirmed and ap-
proved of, as for the honour and profit of the
realm, 1 Hen. 4. cap. 4.
13, Impeachment of Thomas Fitz-Alan, archbishop of Canter-
bury, of High Treason: 21 Richard 11. a.d. 1397. [Cotton,
368. 1 Cobb. Pari Hist. 224.]
On the 20th of September 1397, the com-
mons came before the king, in full parliament,
and made Protestation by their Speaker, that
though they intended to shew and declare cer-
tain matters and Articles, which they had then
advised of and agreed amon(;st themselves;
yet, nevertheless it was and is their intent and
will, with leave of the kins;, to accuse or im-
peach any |>crson or persons, as oft as they
should think fit, during the time of this parha-
ment; they prayed the king that he would
please to accept this Protestation, and, that it
might be entered as a Record on the Roll of
Parliament ; which the king granted and com-
manded to be done accordingly.
On the same day, the commons came again
before the king, in parliament, and impeached
Thomas Arundel, then archbishop of Canter-
bury, of High Treason ; " For that he, being
the chief oHicer of the king, his chancellor,
when he was bis!iop of Ely, was truiterously
aiding, procuring and advising in making a
commission, directed to Thomas duke of
Gloucester, Richard carl of Arundel, and
others, in the 10th of his majesty's reign ; and
made and procured himself, as chief officer, to
be put into it, to have power, with the otiicr
conunissioners, to see it put in execution ; which
commission was made in prejudice to the king,
and openly against his royalty, crown and dig-
nity ; and that the ftaid Thomas actually put
the said cocnmission in execution." '* Also,
that the said archbishop, in 'the 11th of the
king, procured and udvined the duke of
Gloucester, with the earls of Warwick and
Arundel, to take upon them royal power, and
to arrest the king's liege subjects, viz. Simon
Burley and James Bcrners, knights, and ad-
judge them to death, contrary to the king's
will and without his consent ; thereupon, the
laid commons prayed the king that the said
irchbiihop might W put into safe custody,*'
The king answered ; '^ Because the accusation
and impenchnient touched so high a person,
and a peer of the reahn, he would be advised."
The next day the commons prayed the king,
** That as they had impeached and accused
the archbishop of Canterbury of assenting and
being in the contrivance of making the com-
mission on the 19th of November, in the 10th
of the king, and agreed to the execution of tbs
same, which was expressly against his stale and
dignity, that he would please to ordain such
judgment against the said archbishop as the
cause required." Uereupou the king COUH
maaded it to be recorded in parliamenti
** That the archbishop had been before him, m
the presence of certain lords, and confi^ied
that he was mistaken, or erred in the exerdtt
of the commission, and therefore put himself
upon the king's grace and mercy.'' Upon thii^'
the king and the lards temporal, with lir
Thomas Peircy, the proctor for the prelate^
who, as it appears upon record, had full power
from the whule body of the clergy to act for
them, adjudged and declared the said article^
which the archbishop had confessed, to be trea-
son, and that it touched the king himself; for
which they, aUo, adjudged and declared him ft
traitor. And it was awarded in parliamentp
** That he should be banished out of the king-
dom, have his temporalities seized, and his
goodi and chattels Ibrfeited to the king, who
was, also, to appoint the time of his exile.**
Whereupon, the king assigned him a time of
passage, — which was from the eve of St. Mi-
chael, until six weeks next ensuing ; to past
from the jwrt of Dover into France ; and fui^
tlicr, that he should forfeit all his land^, tene>
mrnts, itnd possessions, which he had in fco
simple by descent, or purchase, or otherwise,
at the day of the tre;ison committed, or after,
or that any one held to his use, to the king and
his Ikiis fur ever.
125] STATE l^UIS, ill lUcuxKD 11, 1397. -^Qf the D.qf Gloucester, mdothars. [12«
14. Impeachment of Thomas duke of Gloucester, RiCHARpearl
ot Arundel, Thomas earl of Warwick, Thomas Mor-
timer, and sir John Cobham, knight, of High Treason:
SI Richard ll. a. d. 1397. [Cotton, 377- Froissart, 1. 4.
c. 90. Walsing. 354. 3 Tyrrel, 9()8. Brady, 411. 1 Cobb.
Pari. Hist. 225.]
Jv the Parliament assembled nt Westminster I but many Hisinherisoot and other most great
-1^ -*.u _r c — .. — I — oir,'* ^.. *i.« mischiefs and damages have happened, as well
to u*<, as to our people and whole realm. Now
we, tor the hunciur of God, and for Uie Kood
of us and our realm, and for the quiet and re*
lief of our pcoplf, willing against the said mis-
chiefs to establibh a good and meet remedy, at
we iiave already of our free will, at the request
of the lords and commons, ordained ana a^
signed such persons for our great officers ; that
is to sny, our chancellor, treasurer, and keeper
of our privy seiil, as we esteem good, faithful,
and sufficient, fur the honour and profit of ut
nnd our realm : so :di>o of our real authority,
certain knowledge, good pleasure, and frc«
will ; and by the advice and assent of the pre-
lates, lords, and conmions in full parliament io
aid of the eood governance of our realm, and
the well and due execution of our laws, and for
the relief in time of that miserable condition
under which both wc and our subjects have
lon^ laboured, having full confidence in the good
advice, sense, and discretion of the most honor-
able fathers in God, William archbishop of Can-
terbury, and Alt xander archbishop of York ;
our moit dear nncleji, Kdmund, duke of York,
and Thomas, duke of Gloucester ; tlie honour-
able fathers in God William, bishop of Win-
chester, Thomas, bishop of Exeter, and Nicho-
las Abbot of Waltham ; our beloved nnd faithful
Richard earl of Arundel, Jtijin lord Cobham,
Richard le Scroop, and John Devereux, have
ordained, assigned nnd deputed, and do ordain,
assign and depute them tu be of our great and
continual council, for one whole year next afur
tlie date hereof, to suney and examine, togc-
ihrr with our said great officers, us well the
estate, condition, and government of our whole
realm, and of all our officers and ministers of
whatever estate, degree, or condition they be,
within our houitchoid or without ; nnd to in-
niiire and tnke iiifoniiation by all such ways as
I hey shall think meet, of all rents, revenues,
and profit!) bclongin:; to us, or which arc due
and ought to n|ipLTtain to us, either within the
realm or without : nnd of all gifts, grants, alie-
nations, and coiifinnations hy us made, of any
land*), teneinenis, rents, annuities, prolits, r^
venues, wards, marriages, csolicais, forfeitures,
franchises, liberties ; voidances of arclibishop-
ric", bishoprics, abbeys, priories, farm« of houses,
possessions of alien«i, ^c. And al»»o of all reve-
nues anil profits, as well of onr said realm, as of
our land«, lordships, cities, villages, and other
pt'bseasioiii beyond the sea ; and of the lieiic^
fices and possessions, and other revenues of all
ttt 17th of September 1397, came on the
proceediogs against the duke of Gloucester,
tad the earls of Arundel and Warwick,
coQtained in several Articles of Impeacln
nent then brought against them, by way
of bill, by the Lords Appellants, mentioned in
tte Council of Nottin^Lham. The bill, as ap-
pears by the Record itself, was directed to the
oig in parliament, and is to this effect. First,
it sets forth, " 1 hat the duke of Gloucester,
nd ibe earl of Arundel, designing to encroach,
lad have the government of your royal person
aad kingdom, with the liberties and dignities
ttereuf. as well within this kingdom, as with-
wt; when tlie parliament sat at Westminster,
is the lOtb of your reign, they sent a peer of
the land to you, who on their behalf, and by
tbeb command, told your majesty, that if you
*oukl not Consent to make to them, and others
vkooi they sliould name, such a Commission,
vherthy they oii;;ht have the government in the
BUaer at is above related, you should be in
damerof your life, and the lonls and common^
of pvtiameat would depart wAhout your leave ;
aWtkenyou ahould see in what a miserable
condittta you would be; so that in very fear
^ikv power, you then granted such a Com-
■HMOB m they de*>ired." Next follows the
CoaauHNNi itself; viz.
" Aicfcard, kintr, &c. to all those to whom
'^iectert shall come to be seen or heard,
fttiiog. We being duly conscious of the
pvvAos comphiints of the lords and cummnus of
ov realm in thin present parliament assembled,
tittt our profits and rents, and the revenues of
oar realm, by private and insufficient council,
ind the lU governance as well of certain of our
hce great oflicers, as of divers other poplc
bung near our person, are so much consumed,
*isted, €nkbc7zle(l, given away, granted, and
tfimed, destroyed, and evilly dibposed of and
expended : tlutt we are so much impoveri>hed
IM stripped of treasure and means, and the
nhtaoce of our crown so diminished and dc-
ftoyed, that we are neither able to sustain
hnourably, as wc uu^ht, tlie state of our
Kxnehold, nor maintain and manngt* those
tan wherewith our realm is environed, witln
nt great and outrageous oppressi'ins and
durges on our people, greater than tliey can
War: and also that the good laws, statutes and
ca^toms of our said reahn, to which we are bourid
Vfoatli, and obliged to maintain, are nor, n'»r
vre been duly observed and execnitd, ni)r
^ justice or right done to our said people :
127]
STATE TRIALS, 21 Richaud 11. \ 5^-7. -^Impeachment qf the
[12
that are in rebellion against die pope : and of
the carrying monies out of the realm by the
coUectors uf the pope, or the procurators of
GMtiioals, Lombanlsy or other persons : and
likewise of tlie profits of our customs, and ail
subsidies grantea to us by the cler^zy and laity,
Bincetheday of our coronation, to that time:
iind of all fees, w'ngcs, and rewards of our offi-
cers and ministers great and small, and of
annuities and other rewards granted ; and gifis
made to any persons in fee or for term of life,
or in any other manner; and of lands, tene-
ments, rents, revenues, and forfeitures, bar-
gained or sold to the prejudice and damage of
our crown : and also touching the jewels and
goods which were our grandfuther*s> at the time
of his death, and of charters and general par-
dons ; and how general payments have been
levied and expended ; how garrisons and forts
have been maintained : and of all defaults and
misprisions as well in our houseliold, as in our
courts, and all other places of our realm : and
by what persons our revenues and the sub-
st'ince of our crown have been witlidruwn or
diminished; or the common l.iw interiuntcd
or delayed, or any other dauinge that nuth
li;ippcned to us. Giving, and by these presents
granting, of our authority, and by the advice
and assent of our said subjects, unto our said
counsellors, or any six of them, and to our great
oiiicers afwresaid, full power and authority ge-
neral and special, to enter our palace and house-
hold, and to call before them all our oificcr«,
and to command all rolls, records, and otlier
monuments and evidences ; and all defaults,
wastes, and excesses found in our said house-
hnhl, and in other courts and places ; and all
deceits, extortions, oppresriions, damages, and
grievances whatsoever, that are to the prejudice,
amagp, and distress of us and our crown, and
the estate of our said realm in noneral (though
not herein juirticularly exprts^eil and specified)
to amend, correct, repair, rediess, ren)rm, and
put into good and due order and establishment :
and also to hear and receive the complaints of
all our liege people, as well tor us as themselves,
against our said officers and cnunscUors : and
an oppression^ wrongs, and injuriei*, which
cannot so well be amended and determined in
the courts of the common law ; and to discuss
and finally determine all the matters aforesaid,
and full execution thereof to award, as to them
shall seem most meet, for the honour nml pro-
fits of us and our estate, and to the redintegra-
tion of the ri;4hts and profits of our crown, and
the better i!.)vcrnance of the peace and laws of
our kingdom, and tlie rt-lit-f of our snid people.
In whicli proc«.-edii.^!i, if dillercnre of opinion
liapfK'n anioui^st oursaiil counsclh'rs, \\\q same \
shall be concluded by niijoriiy of votes : and .
we coinniand :nid chiu-^e all prclatca, duLes,
fenrh, barons', •^htriU'ii, the trc usurer, and comp-
troller, and all oiIum' officers of our household,
justices de bau'.o, and other officei^, niiuisicis,
and liegc subjects wluits«)evrr, ihul to our said .
crmnsillon and officers in manner albresuid,
tbey be ubcdiiur^ aiding and tudikting. In wit- !
ness whereof, 5c c. Given under our great sei
the 19th day of Novemtier 1386.
The Articles of Impeachment go on thus
1. <' The said duke and earl of Arundel, i
accomplish their traiterous purposes, und t
have your royal person in their power, ordei
ed, as they pleased, tlie government of yoi
whole state, with the laws and dignities then
of, and prevailed with I'homas earl of Wai
wick, and Thomas Mortimer to join with thei
in their traiterous design ; who, by agreemen
as traitors to the king and kingdom, all voa
and assembled on the 13tli of November in tli
11th of your reign, at Ilaringay-Park in Middli
sex, with a great number of people armed an
arrayed, and made divers of your leige-peopl
in several parts of your realm, to ri^e, an
march with them against your royal persoi
contrary to their legiance, and would not com
before your presence, until they were secure
by your oath that they might come, and retur
safely ; and then they all appeared before yc
in your palace at Westminster with a grei
force of armed men, and truiterously coi
strained you to take them into your safe pr(
tection, against your will and pleasure.*'—!
'' The said duke, the earls of Arundel an
Warwick, and Thomas Mortimer, continuin
their traiterous purposes, by force and violcoe
did take, and imprison divers of your leige pci
pie and amongst others, sir Simon Burley, aa
brought him to your parliament held on til
moiTuvv of (he purification, in the llthofTOt
reign, and there suggested di\ers points of nif
crimes and Ircosoji against him, and the advM
of every lonl then present was' asked, concen
ing the crimes of the said Simon, and afterwan
the duke and earl would b^iow your advice an
opinion ; and you answered plainly, he wt
not Guilty in any point objected against hin
And afer that, the duke and earU caused y€
to come into a secret place at Westminster, an
there i>huwcd you the particulars of the crimi
abovcsaid. To whom you then answered lib
wise, that the said iSimon was not Guilty in an
of those points. And there they took upo
them traitcroLsly to have you by force consei
to the judgment they had designed against bin
and yet you would not consent to any ju^j
mcnt to bo gi\cn a{>ainst the said Simon. Vi
nevertheless, the said duke and earls took upo
them myal power, in prejudice of you, and i
derogation to your crown, and without yoi
a:»^iM*t, and contrary to your will, in your al
scnc?, and in the absence of many uther peei
of parliament without their ns'^ent, and agaiai
their wiilr, they awarded that the snid SiaM
shouhl he drawn, htmged and beheaded ; ad
thereni-'on they traiicrously causetl liis head I
be >tni(:k olT, ocainst your peace, crown, majei
ty acil di;;nity.'' — .^. •* The aforesaid duki
eaiK, and Thomas Moriitncr, c ontiiming the
mzilicious, fnUe and traiterous purposes an
fori e, at limit liu'don, on Thuradav the 6th <
December i.i the said 11th year, traiteroofl
agreed, and intended to have gone with ibe
forces to any place uf the kiiigdoiu^ wlicre tiM
129] STATE TRIALS, 21 RrciiARD II. 1SJ)7.— Di/Ar q/* Gloucester, and otlurs. [l30
iiji«ht have found your ro)-al person, to have
fjireiiikred to yuu their li 'iiiaf^c-lit ge, niiH to
Lute ciep<i6cd vou ; ami this they uuiiki iiave
dine, hud they nut been hiiidercH by Henry of
lai.castcr carl of Derby, and Thoiiiat Mo^v-
Invearl of Xottinghaiii. And the said duke
awf earls continuing their iraitcioui intention
and fbrccy by agreement between them, canse<l
Aerecorda in your treasury, of the ihne of your
pac grandfatlicr king Edward to lie searched,
hM he demised his crown ; and tlicy shewed
tijou in writing tlie causes of the demise of
bcrown in your palace ut Westminster in the
Me of parliament in the said 11th year, and
(fact saia falsely and traitcruu^ly that they had
CHHC sufficient to depose you, but for the reve-
Noce tbev bad for your most noble grand-
fiahcr aud father; and they said alsr>, that in
hopes of your Itetter government they would
ntter yon to continue in your royal estate and
R^itlity.'* — 4. ** Which (reasons so imagined,
mie and perpetrated by the aforesaid duke,
ctris, and Thomas Mortimer, against your royal
pmon, eatiite, majesty and dignity, as is above
dedtred : We the Appellants (there named)
;wr luyal lieges, have been and are ready to
yravc against the said duke, the carls of Arun-
iW,and Warwick, and Thcm:is Mortimer us you,
fliraiost d:ead lord, and this hii;h and honour*
•Ue court, your parliament, siiail order."
These Articles having l)een read, the Lords
Appellants prayed the king that the accused
■tht be brought before him, in parliament to
■akc their answer. Accordingly, Ralph lord
Xenl, constable of ths Tower, there present,
bd orders to bring lieture them Richard enrl
if Anmdel, hii* prisoner, which he did, on tlie
4ik iav of this session uf parliament. The
^u of Lancaster, being constituted lord high
<minc*t*£n^l:ind,7)ro hoc vice, told the pri-
■ner, tkt he was impeached of divers acts of
ibl^rreasun, nnd the apjical bring read to
ia, bss answer was, *' That he had a gf n&ral
pvdm in the parliament held in the 11 th of the
sing; aa also a charter of pardon made to him
vttfain 6 years Inst past, both which he prayed
■leht be allowed." The lord high stewr.rd
toki the earl, by command of the kins; and con-
■at of parliament, tliat, ** The pardon granted
is the 11th year, was made by constraint upon
titt king, by the said duke, earls and others
« their party, assuming to themselves royal
pc«cr, in prejudice to the king, his royal es-
tiie, crown and dignity ; and that the char-
ttr of pardrjn was mmle in deceit of the
bofB, and expressly against him and his royal
ioiity; wherefore, upon the request of the
nMBHons by consent of the king and ail the
Wiles of parliament, the said pardon and
darter liad been in diis parliament repealed
nd made void.'* The earl was asked if he
Ud any tbin^ more to say, and he l>€ing silent,
■r William Clopton, chief just ice of the king's
Woch, by the king's command, declared to
kia the law, and tlio punisluiieut he must un-
^G0, if he pleaded nothing else, for if he did
Ml, be would be contict and attainted of all
Vol. I.
the matters oliirctrd ngninst him. But upon
theeiirrs still insi^iiiii; on his ciiurtcr and par-
don, and demanding the allowuncc of them,
the Lords Appellants, in their proper persons,
prayed the king, " Thut it would plense him to
give judgment upon him as convict of all the
points on which he was accused.
The Earl of Arundel convicted.
Then the lord hidi steward, hy command of
the king, all the lords temporal, and sir Thouias
Piercy, proctor for the clergy, as before taken
notice of, adjudged the said carl of Arundel,
*' Guilty and convict of all the points on which
he stood appealed, and as a traitor to the king
and realm, to be drawn, liant^ed, beheaded,
and quartered. And farther, because his
treasons were of so high a nature, as to have
gone about to surrender their liege homage,
and depose the king, and that his levying war
was so notorious, the said lord high steward, by
the authority aforesaid, awarded that all his
castles, manors, lands, tenements, reversions,
fees, and every other manor of inheritance, as
well in fee-tail as fee-simple, which were the
said earl of Arundel's on the 19th of Nov. in
the 10th of the king, or aftorwnrds ; and also
all the lands and tencmenis of which other
persons were infeoifed to his use, the said i9tli
of Nov. or. afterwards, with all his goods and
chattels, should he forfeited to the king and his
heirs for ever." But the king graciously re-
mitted that part of his sentence of being dr<iwn,
handed, and quartered ; and to shew equity as
well as rigour, the king nnd lords, hoth spiritual
and temporal, declared, that it was not their
intention that tiie Innds and tenements, fe(*s or
any other iniicri(an(*e of which the said cnrl
stood iiifcolVed, to liie use of another, hhould
in any manner he forfeited by rcasou of this
jud<;ine;)t.
T/ie Ditl'c of Cloncesier, Ihnniih tlfftd, tU-
eland (iuil'if of liiiih 'Vrtawn.
On the s:mie day that the enrl of .\ruudel
was brouglit into parliM'v.i n'. and tried and
convicted, the k'-'j. directed his warrant to
Thomas r'w.i .luii-shal, governor of tlu town of
Cnl .1-, or to his lieutenant, i>ii;nifying that he
should hring over ilie body ol* Thonius duke of
Gloucester, with all the speed he could, to an-
swer to divt'rs Articles of Treison objected
against him in parliament by the Ap^)ellants,
acsordin^ to the law and custom used m Kng-
land ; and further to receive the orders of the
king and parliament concerning him. This writ
bi*arsdate at ^v*e^l^linsler, September 21. Tho
return of the earl mar>lial to this warrant, was,
** Thut he could not hrin^ the said tiukc before
thckini: and hib council in that parliament lor
thatjbein;: in his custody, in the king's pri!>t»n at
Calais, he there died.** I'liis return was ma»le
Sept. 24. l^pon the reading of this warrant and
return in parliament the L(jrds Appellant> pray-
ed the kmi;, •* That the said duke of Giouci i-
ter might he declared a traitor and an enen^y
to him: at bavin;: levied war in this kingduia
I K
131]
STATE TRIALS, 21 Rkiiaro II. \VM ,^Impea<hmint of the
[132
ngaiust liis pcrstiii unil contrary lo liis allcj;!-
(mco. Aiui that Jill tiis laiKiS, tf'MeiiKMit'^,
^(j-)(i.s iiiid riiatto):» iiii^ht Ito forti ited ; usi, in
thisia-t^, iiot^iitL^tandiMj;; liis dcntli^ tiicy u\\^\i
ti> l;o." Tiicti liic coiiiinoiis pruycd ilie kinj;
and ' >rds, " That since it was ni)toriou>ly
known to his uinjesty and all liie estates of this
parliament, and to all the kingdom, lluitthc said
duke and olhi rd of his pan v a<>scniblcd at liar-
ing'.vay, in the county of AJhhUtsex, witli a
great niimhrr of peojde armed anil ajraycd to
make war a>;nin&t the kin:;, contrary to their
allcpiancv*, and came with those iorcis into (he
kititr's presTncc, which wa*> levying war against
their lii(:e-Iurd, that ho nii^iit thereupon be
ndjud<;ed as a traitor, at'd his lands, tenements,
&c. notw illistandinf» his death hcforc, furfcited/*
AVhcren))on, all the lords itmporal, and the
n/ore<*aid sirTho. Piercy, proi lor f'lr the clergy,
declared that the s:iid crime and treason was
notoritiublv known to I hem and the whole kini;-
dom ; whcroftue they, with ihc kind's assent,
declared hisn tnilty of levyii:g war a-* a traitor,
nnd adjiidr!cd " all his castles, lands, manors,
&c. which he was posM-.-scd <»f on the 13th of
Nov. in the liih vear of liiir? rcinn, to he for-
leitrd to the king and hi^ hcii.s ; and that none
ot* his issue, or heirs of his hody, or their i^suc
or heirs in time to como, should ever hear the
royal nnns of Kn^laud entire, or with dilVer-
encc ; or in any otl.tr nmnncr v^hatsoever,
shouhl inherit the crown of I j}>;l?iid.*'
The Duhts Confcii'wn uhiU in l*ti^n.
On the 25ih of .^pjit. the said Appellants
pniycd the king in rull imrlinmcnt that if there
vas acy thini; upon record, either by Confi *-
iion of any person accused, or any other per-
son whatijocvertoucliin«j the'ir appeal, that it
ini};ht be openly kiiotvn and declar(>d in full
])arliamcnt. I'pon which petit io:), by the ad-
\irc of the lords temporal, the kinv coinmatid-
ed thai a Commission hearing date the 17th
of Au<;ust last piisf, directed to sir William
Uickhiil, one of the justices of the Common
l)cnch, together with a Confe s>ii»n made be-
tbre him, hy 'J'homas late dcke of (ilouce.ster,
l»V virtue of the ahu\psaid Commi:*.-ion, with
the return oi* that Commission, he read in par-
liament. The duke's Confrssion is in old Kng-
lish, and deserves parricular noiice, a^ a speci-
men of the elegance of the Kndish tongue in
those davs :
•* This is the Answer of William Ui.khill to
the Commission of hit liege loni tiie kinp.
Thomas duke of (>huic(f*ter, be the name
of Thomas Woodst«>rk, the zear of the kini;
Kichord'^t, in the castle (»f Cah'y«, hy vir-
tue of n commission of (he kin^, as it is
more plainly dcelared in the same, direct-
ed to Wdli.nn llickiil, justice, hath I know
nnd confessed to fore the same William nil
the mutters nnd points 1 wn>te in this great
roll annexrd to thi« s^chednlc, the which
schedule and i;rcat roll both sealed under
tlie seal of the nf ircisaid William, and all
tlie matters and points I know and con-
fe'S5ej| by the af^n-e'said duke in tl.*.* cajtlc
of (.'alevs, the foresaid (!uke te h'S own
hand t'ufly ami phiiiily I wrot<*, and doli\erer{
it to the same Wm. Ilickhill touching thi»
niatttr as it was done in the pre'Seucc of
John Lancaster, and John Loxetoft, and in
none otiier manner."
" I Thomas of Woodstock, the zear of my
lord the kin;; 21| be (hevertue of a commission
of niv lord the kin*:, the same zear dire'cted to
Wm. Kickhill, justice, the which is compre-
heMided more plainly in the aforesaid ceminiis-
sion, knowleche tliat I was one with sertyn^e
of other men, to assent to the makini; of a e*oni-
mission, in t-lie which commission 1 amon^
other, rcjt rained my lord of his freedom, and
took upon me amoni: others power rental, truly
not knowin;:; nc witiiui;, that time that 1 did
n<:aiust liis eslate, nor his royahie, as I did allcr,
and do now ; and forasnmch as I knew after-
ward that 1 had done wrongs nnd toke upon mo
more than I on<rht to do, 1 :fnhmitted me Xu
my lord, nnd cried him nu're*y a net grace, ami
yet do as truly and an meekly as any man may,
and put me hiizh and low in his mercy and
grace, as he hath always been fidl of mercy
and ^raoe lo all ether. Als:i. in that time,
that 1 came nnned into my lord's iiresence.
• • • ■ *
and mto hf^ pnlace, how:Foever that I did it for
drede of my lil'e, t know lerhe for certain, that
I did e\il, and against his regnlitie, ami ki»
e*state, wherefore I submit me lowly nnd meek-
ly to his mercy, and to his grace. Also, in
that I took my lord's letters of his messuges^
nnd opened them against his leave, I know-
leche that I did evil, wherefore I put me lowly
in his gi-ace. Also, in that, that 1 sclaundred
my lord, I knowlevh, that I did e%'il and wick*
edly, in that, that I s|)nke to him in sclann*
derous wi>e, in andiene^* of other folk ; hot by
tlie way, that mv siud shall too, I nie:mt non«t
evil therein, ne^erthclcs i wot and knowleche
that 1 did e\il and unkindly, where*fore I sub-
mit mc hitrh nnd low in his grace. Also, in
that I amoni; oilier, comnnmcd and asked of
certain clercs, whclheT that we njinht give up
our homage fnr drede of our lives or not, and
whether that we woreasscntid thereto for to do
it, trev\ly and by my troth, I nc have how* none
tnll mind rheretjf hut I tn>we nither yes, tluui
i:nv, whcreMbre I submit me liieh and low
e>ermorfr in his grare*. Also, in that, tliat I
W'iis in )>l:i('e, w)j>ie it was communcKJ, and
spokt n i:i manner of t!('pf>s;d «)f my liege lord.
truly 1 ku'iulech well, that we were asscmtid
tln'reto tl)r two dsiys or three, nnd then were
for to hate doiie our homage and emr otticSy
nnrl put 1 ini as hi^'idy in his 4'state as e^^cr he
was; hut forsonth there I knowlech that I did
nntridy, and unkindly as to him, tiiat is my
liege lord, nnd iiath been sii good nnd kind
lord to nH\ wherefore I iK^secch Ut him, not-
witlistanding myn un kindness, evennorc of bis
mcTcy und of his grace, as lowly as any emu
ture may beseech it unto his liege lord. And
as uf any new thing or ordenance, that ever I
should have witting or kaovrn, ordained or at-
153] STATE TRLiLS, 21 Riciiaud II. 1507.— Dakc of aioucesrer, and oihn
it:Aii, priry or appert, (li:il ahoulcl liav« been
i^iniC inj lurd's esutc, orlils nill iir any tJiut
luLjeth Htx>ut liiiu, >vih iliut Aay J twurc untu
LiD ul LiiiiEelj-, on God') huily trul.V. s'"! b;
iliii vtlie Uiat I tlicru in-jilc, 1 iili vr kiicu uf
piL«riii|; »][ainit hini, iic nuiiv (itlii:r tliat
lu-^tli unto him* And as riucliing ihoc
fuist*, iluit I bove ronilc conC<isiun ol' ti> !>ir
Um. Uicktiill, jiibiicc, iu llie wlilcli I wot ivcll,
itil I Imvo (^ciidr<l my lonl iinkiriillv unci
%^\\, as i Ititve Mill iiefiirc, hon- that 1 li:ive
E lU tlicsc piiintd ofl'eii.dcti him, uiid done
vun*! liiii), trewly anil lis I will unswrr befutc
(^ it wa» my niuuniiig unil my weaniiis to do
uc bmt lor Ilia permn iiiid I'ur li's Cktucc ; itc-
wUxIms I not well, and kimw ivcU iioivu,
lint m V deeds aiid my wurkiii<id ntreagMiutt
ai int'eat ; but by [)U' v:\y tlmt niy sotil tliall
lull, uf thieM! pniiitB xxaA of nil oilier llie nUicli
thu I dune ot' ncgligpiid' niid ol'iinkunninj;, it
■n net'vr niyne iiltvnt iic iny >vill, no fur my
limislii lor to do a iMatf, iliul ^'liquid liavi? bcoii
ittrMsc tit banniitg nuainst llie Eiftty of my
IkS l'jrd*!i (lenonc, us I will answer licl'irc
Cod It ilie riav i>f jiiitgititm. And tliercl.ire
lloMcU iiir Xieefl luid&otirdeii lonl llie kin|,
ihM he itilTof Tis |;r.ire :iiid benignity ncccpt
■ciobii uii-rcy nud iii* gore, iib I ihiit put
mrlik-.my body and iny guod*,wI>i>liy ut lji«
■ll, as iowly as meekly us nji v cnutiiro cm dii
w BST do to bi« liege bird; bneecliing t-i lii«
b|h lordsliip, tliai be will for tlie pasii^m uf
U tut aiinered fiJT :d! niiinkiu^ luid llic coin-
pMOD tliHt he bad I' r \itt imiilter uii tiic
OMC, ami ilie pity lu li'.id of Mnry Masdukm,
Ak be will vuud'iMll- lor ID liaic cmiipauiiin
"J piiT, and to ar«-]it me to hi. mercy and
utLs g'racf ; us be thut tnitli «ier luL-n full nf
MTv; uiH '>t' sniec id :JI bis li. ^c<, and I., nil
tkr; tH have ii'iugbt been so ni):li unto liiiD
i* I i.vt bem, tliiu^ti 1 been uiiwiirtby."
.VicTthts ri'tiim to tlifi Cniiimiition luiil Iw'en
at*, t'je Apiitllants |.r:iyeil, tinit sir ^Vm.
fti-tiJI, approved for liis biy^ilty niid discre-
•rt, niSn bo ciiiiimaiid:d liy tl;e king upon
bi Jl(£i:.iice to fktbkrr ilx.- (nitb tniicliins ibts
tuuv-Crin ; wbo, in ilie I'rmiicu of tlie kin(!|
*JinJ* fpiiiiu.il mid teiii(i.ir;il, nnd uummmis
■•p.rlisiuM-iit said mid d('el';rtil,"Tli:it nbout 8
sV,ia-k b«fi>rv ihhiIi. be e:ime nilbin tliC rnttie
C! (.'alats, to tbe duke of liliiun'>'ter, wlin was
'Sin 'il'itririd nieni<iry and nut of prison. Tliat
tfUn*"! liiiii liis roimiiiiiian, mid tbc c:iiiM!
'^Iii^cuming, in tlic prrsem-eof Jnlin Lancii^
■/: £t.d Juliii I^ii-et'ift ; an.l duirerl tliat what
(«, ihe saiil fluke, bad tu sny to it lie "nuld
LI.I (liiwn in nfitin).', and tlieii lie de|inr[ed.
Irtiiniin^ lo liiin about P of ilic duck, h\ the
ifemnun i.f ilur sanie day, the duke n-ail in
"r.'rne tht- «id t'onfcwiiiu, with bis own ■
iwi'ti. and xnie the i>aiiiv to Win. liitrkliill
>rli 111, ..nil h-ind. FurtluT; \Vm. Iti^khili
£■4 In li.e xHid dtike. that if there was any
■tne in'irv toiichiiH( tbia inalU-r, ihat Im would
Vak it iiT (lie kiiit>'i> satisf:ictiun, and llie
bmlerice of the wliole trulh uf tho aO^iir.
ItiKtMpin Ibe duke said h« hud forgot one
lliinK llint then
> hi)
ley, 10 SHVc him rniiii ileatli.' And he desired
the said William Uicklillt tu shew this to tlie
king by word uf inuulli." l^ee JJiiidy, |). -Ml.
The Eurl of KVira iVft amjiwicil.
On the aoth ot Sepieii.bcr, tlie <.'oji<;tiil.!e of
llic Tuner bruu^bt hefure llic piiiliriiuentTliu-
inas curl of Warwick, whu «as told l>y tiic
duke of Lniicutter, that he uas acniti'd by
Kdwnrd earl of Itutlund, and ilic orlitr Ap-
pcllaniE, ilirrc named, of divert Iliijli-Trensuiis,
nlijdi were all cumprcbeiidcd in two ur:ii;tv's :
that of atMiinbMiig with fu^e and armed men
at llariiij^av, &c. and tlw diari^ about sir
Ijiinon Rurtey, which were drawn up in tho
Mine uorilsns in the case of ilie carl of .Arun-
del. To nil which hu aniwiTtil with tears,
' tlint he well understood thu.-e treasons nnd
wicked deeds ; ihnt he was guilty of ibein, and
put bimftif upon ihe kiii^'s ini'icy end |;mce.''
I'lMD which the duke of i^iiCDMei' pronounced
things, us lie bad done ngaiusl the earl ufArun-
liul. IJui, nilds the record, the kinp, inmed
withpiiy, to llic revere u ee :ind lioiiour nf Uod,
nt the jiniyer of the Apuellaiils, Ihe lords spi-
riual and leniporiil, aiiii cuuiinons in jiariia-
tneni, remitted jiart uf the said jud(;iueni, nnd
i;rnnted him hii life; so iliai bis lenience was
'■ to remain priMincr in ilie hlc of Man during
Ilia life, ajiuii coiiditi:in lh;it if any means ncru
tiiitdc use of to the kiDg or his heim, lo gain
liimnny runiier fHriinr,or iriic shunldinake liis
Mcape, then the jiidi-ment sbinild lie put in ex-
reiilioii, and llic kin{!.'s graec hboit'd lie \<>id.',
ritis dmir, the ciiinniuns bcf'ire 1 l.c kii>^ \■.^ |)ar-
iiQiniied lliu said Ajijieuls to be nil g'^od
nnd ll'
vful.
'i'Aiiiiivi Moitimrr tnakrt h't ticapt.
Aflerwar,:*, the Lotdi Ai'pellniils iin|ieaclicd
riiuiiiDS .Muitiiiicr of [licTi-eas'ins euni|irised
n tbe said ai'C'diiilion; hut he, being t lie ii in
Ireland, IkU into the iiionntniiis tu lliu Iri,h
■ebels lor prulcilinu. A proclnuialion hiis
ihereujioii ordered in parliament iii be made
:brou|-liuut Ireland, that he should rurrcmler
liinitdf in I'liiilniid within three inoiiihs. tu nn-
luor tu the impeachinenl, or else be declared u
irnitor; nnd all his maiiurs, castles, lands, uiid
lenemcnls, &c. ubicll bo was pnsies^ed uf on
[lie 13th of Nuverobcr, as in ilic ri.rmcr ciise«,
khoiild be forfeited to l!ie Ling.— In the ueiLt
insiun, Thrnnng Alnrtitncr had time given liini
10 ninke bis apjiearanee and lake liis Trial,
Abirb he nut dulti);, ibc dnko of Ijiiicastcr, bk
Innl high steward, wiih ilieeoiisentof ihe lorils
leinp^iral, and thccn'-l of Wiltshire, then piur-
lor lor the prelates nnd elergy, &■**' iKMitencu
ind .[ii(lgnieiit iigaiiiM him, according lu il.c
leuur ul the iirnelamatiuii.
Sir John CobliaM ronrkteiL
On t);c :;ilili of January tullonin^, came ni
llic Trial ol'JoliiKleCobluun, knight, hIiii had
been impeached by t'le euiiiuiiiiis iti tlie Ijst
135]
STATE TRIALS, 1 Henry IV. \ 399.— Articles of Accusation
[150
8p••^:i')ll for the, baroe crimes that Thomas Mor-
tiuuT WHS, viz. that he, sitting in judgment,
awarded Simon Uurlty uiid James Berncrs,
knights, to he executed as before, without the
king's assent, in his absence, and in the ab-
Bence of many peers of parliament who arose
and would not sit in such judgment, &c. against
the peace of the king, his crown and dignity.
The duke of Surrey, in whose custody this sir
John Cobham was, brought him into parlia-
ment to answer to the Articles alledged against
bim, and the duke of J^ncaster told him, that
he was accused and impeached by the com-
mons for the Treasons aforesaid, and command-
ed him to answer at his peril. Upon hearing
the Impeachment read, the knight said, '^Tliat
as to the making of the Coumli^sion he was not
guilty ; and ns to the use and exercise of the
same, he said he did not meddle with it without
the king's comnmnd, and that he went to the
king and told him, he, with others, were made
commissioners, but that he would not act ac-
cording to the commission without the king's li-
cence, who thereupon commanded him to act."
To this the king liimself answered, *' That htf
was under such government at tliat time, that
he could say no other^tise, by reason of such as
were then about him ; hut that the commission
was made against his will the said John Cob-
ham could not deny.'' As to the JadgracnC
and award made against the said Simon and
James, tlie prisoner said, " lie was told by
those who were then masters, that it was the
king's will such judgment and award should be
made.'' — Upon these Answers, the commoM
prayed the king to give Judgment against him,
as convict and attainted of the use and exercise
of the commission, &c. Whereupon, the k>rd
high steward, by consent ns aforesaid, gare
Judgment against the said John de Cobham, as
in the case of the earl of Arundele. But all
those judgments ilie king graciously pardoned ;
yet so that he was to be a prisoner in the isle
of Jersey during his life.
15. Articles of Accusation against Richard II. King of England;
1 Henry IV. a. d. 1399. [Rot. Pari. 1 lien. IV. N. 10.
4 Rapin, 76. 1 Cobb. Pari. Hist. 25 1 .]
On Monday, the Gth of Oct. 1399, the peers,
with the bishops and conmums, of England,
being assembled in the great Hull at West-
minster, and the new Ling placed in the royul
throne ; by his command, Thomas Arundele,
archbishop of Canterbury, declared, " That
this parliament wussummonejl by king Richard,
to he hild the Tuesday next before. Which
summons was annulled and miule void by the
accepting of the Renunciation of the said king
Richard, and deposing of him; \%hich was
done the same day in the prrstnccof the king,
lords and commons, ns by the process here-
after to be read would appear." — He then told
them, " That this most famous reahn, abound-
ing in all felicities, had been long governed by
children and young counsellors, and would ut-
terly ha%'e been ruined :md wasted, had not
God
the same
governed
the realm." — After this he took for his text
these words out of Maccabees, incutnbit nobis
ordinare pro regnOy i. e. it is the king's will to
be governed by the honourable, discreet, and
ftau,e men of the realm, and by their common
consent ; and not by his will or hiimour, to
rule the same. He further lai>l great stress on
this, '* That this nation, of any under the sun,
might best support and hve within itself, nl-
ledgiiig for authority this adage, Quod inter
regna, hoc principatum tenet." To these he
added, " That to every good government three
things were required; 1st, justice: next, that
the laws should be duly obser\'ed ; and lastly,
that every degree of men, in their several vo-
caiionsy uioald be encourpged and protected."
He brought many reasons why this nation oogbt
to be well governed, and said, ''That their
new king intended strictly to observe tbcN'
three points.*' He concluded with acquaintiof
them, " That Henry, their king and lord, meuil
to be crowned on the Monday following, after
which he would wholly addict himtelf to the
care of the Commonwealih ; and desired the
commons thnt they would consent to have tlie
parliament c<intinued to the Tuesday foltowim^.''
After this harangue was ended, Henry Percie,
earl of Northumberland, and constable of
England, demanded of the lords and cota*
mons, whether they %vould agree to his cob*
tinuance, who, being all and severally exa-
mined, consented thereto.
Renunciation of Richard ?.
The next thing they went upon, was to read
sent a wise and discreet man to govern - the record of the Renunciation of king Riclwrd
ame, who meant by God s help to be n .^j^,, 1,,^;^ acceptance of the same, and tlie
ned himse f by the wise and old heads of Deposition of the said king, as follows :
Depo!
The Record and Process of RenonciatioD
of 4iing Richard U after the conquest, and
likewise the acceptance of the same Re«
nunciation, with the Deposition of tha
same king Richard afterwards ensaing.
" Be it remembered, that on Monday the
feast of saint Michael the archangel, in the 2.3rd
year of the reign of king Richard 2, the lords
spiritual and temporal, and other persons of
note ; that is to say, the lord Richard le Scroop,
archbishop of York, John bishop of Hereford,
Henry earl of Northumberland, and Ralph
earl of Westmoreland; the lord Hugh da
Bumel, Thomas lord de Berkeley, the prior of
Canterbury witli the abbot of Westmiuiteri
1S7] STATE TRIALS, 1 Henry IV. 13QQ.— oj^azW Richard the Second, ' [IJS
WUiiuB Thjrning, kni{»ht, and John Markltam,
justices; Thomas 8tow and John Burhnche,
iloctori of laws, Thomas de Erpinfrham and
TfaooMS Gmj, knights, Wm. de (Vryhy and
DioDjsins Lapham, public notaries, 6rbt de-
poted CO the act under-writ(en,.by the assent
lad advice of several of the lords spiritual and
imporml, and of the judges and othecs^ skilful
II well in the civil and canon law, as in the
kai of the realm, assembled at Westminster
Bibe usual place of council ; did about nine
a the clo<'k come to the presence of the said
iag, being within the Tower of London : and
t being recited before the said king, hy the
aid earl of Northumberland, in the behalf of
ail the rest before-named, so as aforesaid
joiaed with him : how the said king hereto-
liiie at Conway in North-Wales, being at li-
berty, did promise unto the lord Thomas arch -
Uftbop of Canterbury, and the carl of Nor-
UHtmberland, that he would yield up and re-
nounce the cruwii of England and France,
ud his re^al majesty, for causes of his ina-
Idlity and insafficicucy, there by the said king
Ui&self confessed, and that in the best maimer
asd form the same could be done, as counsel
karoed should best order ; tiie said king before
tite said lords and others above-named, here-
unto benignly answered, <* That he would
•ith ctfect accomplish, what before iu that be-
Uf he had promised,'' but desired to have
Moie discourse with his cousins, Henry duke of
Lucaster, and the said loid arclibishop of Can-
mbary, before he fulHllcd such his promise.
iibrwards the same day after dinner, the said
kiat lauch affecting tl»e coming of the said duke
tf Lancaster, and having long waited for him,
u la*c ihi: said duke of Lancaster, the lords,
aatoihcrs ubove-named, and also the sniil arch-
k«feap«f Canterbury, did cume to the presence
•ftkeiiid king in the Tower aforesaid: the lords
df £4io», de Willoughhy, and de H< ri(;;venny,
■d fery many others being then there pre-
aeac; and after the said king had had discourse
with the said duke of Lancister and archhishop,
tshihitinga merry countenance here and there
aiaougst them v> part thereof, as appeared to
ih&se that M'K>d round about ; at last the said
kiag callini: tu him all that were there present,
did publicly say before them, <' That he wu<)
itady to make the renuuciauion, and ta re-
aouDce and rcceflf, according to ilie promise
bj bim made as atoresai'l/* And so forth v\ it h,
although, as was Maid unto him, he might have
Bade some deputy t<> have served as the organ
Uliis roice, for avoiding so tedious a labour as
the reading of the said cessicm and rcnuncia-
liaij, reduced by others into aschedule of parcli-
aent; yet the said king, very willingly ns
appeared, aitcl with a pleasant countenance,
toldir:z the said schedule in his hand, said,
" That he himself would read it," and dis-
laicily read the same tlurough : and also did
sbioHe all iiis liege people, and renounce, and
Rccde and swear, and other things did say
and pronounce in readings and did subscribe it
viik his owo band, at if more fully contained
in the said schedule ; the tenor whereof is
such :''
** In the name of God. Amen. I, Richard,
by the grace of God, king of England and
France, and lord of Irefand, do absolve the
archbisho{>s, bishops and other prelates of
churches, secular or regular, of whatsoever
dignity, degree, state, or condition they be;
the dukes, marquisses, earls, barons, vassals,
and valvasors, and all and every my liege
people whatsoever, ecclesiastics or seculars of
all the said kingdoms and dominions, by what
name soever they are known, from the oath of
fealty and homage, and other oaths wliatsoevcr
to me made, and from all bond or tye of legi-
ance, royalty, and dominion, whereby they ha\e
been or are obliged, or othenvi^ in any manner
bound unto me. And I do tree, release, and
acquit them and their heirs and successors for
ever, from the said oaths and orber obligations
whatsoever. And I do dismiss them free, un-
loosen, quit and in full immunitv, as far as re-
lates to my person, to every effect of law which
may follow from the premises, or any of them.
And I do purely, of my own accord, simply
and absolutely, in and by the best manner,
way, and form that may be in these writings,
renounce and totally resign all kingly dignity
and majesty, and the crown and dominion and
power of the said kingdom and dominions, and
all other my dominions and possessions, or any
way belonging or appertaining unto me, by
what name soever they may be reckoned up
within the aforesaid kingdoms, or eUewhere :
and all right and colour of right and title, pos-
sc'ssion, and dominion, wliich at any time 1
ha\e had, now have, or hy any means shall
have in or to the same, or any of thciii, with
their universal rii^his and appuitenances, oi
aoy dependencies however, on them or aiiy
of ilif-in : and aUo the rule and government of
the b'lid kingdoms and dominions, and their
adiiiinistralioii, and all manner of meer and
niixt empire and jurisdiction to me in the said
kingdoms belonging, or that may be belonging;
and to the name of king, and the honouj*, re-
gality, and celsitudc royal, purely, voluntarily,
simply, aii<l absolutely, by the best manner,
way, and form that the same can be done iu
these writings, I do renounce, and them do to-
tally resign, and in deed and in word di^tiuis^
and f|uit the same, and from them do recede
lor ever. Saving to my successors kings of
England, the rights to them or any of them he-
longing, or that shall any %vny belong, in the
s:iid kingdoms or dominions, and all other the
premises for ever. And I do ronfcbs, acknow-
ledge, repute, and truly and out of certain
knowledge, do judge myse-lf to have been and
to be utterly iiibutlicient and un useful for the
rule and goveriiinent of the said kingdoms and
dominions, with all their appurtenances: and
that for my notorious demerits I deserve to be
deposed. And I do swear upon thcae holy gos-
pels of Go<l, by me corporally touched, that T
will never act contrary to the said resignation,
renunciation, dismission, and cession ; oor any
139]
STATE TRIALS, 1 IIesry IV. I SOQ.—Ariicla <f AccuaaiUm
[140
way oppose the snme in deed or in \rordy by
^nysclt or any otiicr or otiiers: nor will, os
jniich us in me lies, permit the same publicly or
privately to he contraried or opposed ; but the
bhid rcnuiiriuiion, resignation, dismission, and
r(ss:un will tor ever o^tocm iutif:e«l and well-
l< leasing, and firmly hold and observe the same
ill the whole and in every part ; so God me
help, nnd these holy gospels of G.jd, I the
bei'ore-named king Kichurd do here subscribe
xiiveh'with HIV own haml."
*' And prrsently to the said Renunciation
and cession, the snid king added by word of
niduth, ' That if it lay in his power, the said
duke of Lancrster should succeed him in his
kingdom.' But. bcciuisc, as lie said, this did
not di'pend on his plcnsurc, he did request the
Miiii archbishop of Vork, :ind bishop of Ilere-
ft)'.d, whom he for that time had constituted his
^irocurutor?, to declare and intimate iiuch his
rcM^tun and renunciation lo tlie states of the
kingdom, < That they would be pleased to sig-
iiily to the people, his will and intention in that
l>eliulf.' And in token of such his will and in-
tention, did then and there openly pluck oil* the
gulden ring of his signet from his own finger,
and put it upon the finger of the said duke of
Lancaster, desiring as he athnntd, that the
same nii;;ht be made known to all the states of
the kingdom. Which being done, taking their
leares on both sides, they all went out of the
said Tower to return to their lodiriuCT.
*^ But on the morrow, viz. Tutsi lay the feast
of saint Jerome, in the grcat'hall at Westmin-
ster, in the place honourably prepared for hohl-
iQv the parliament, the said nr hbishops of
Cunterbnry and York, and the duke of Lan-
caster, and other (iukes and lords, as well spi-
litual as temporal, whose names are under-
written, and the commons of the suid kingdom,
assembled in a great multitude in parliament
being present, and the said duke of Lancaster
Y»cing seated in a place duo to Lis quality, and
the chair of state being solemnly adorncil w iih
cloth of gold, but then empty, without any
person whatever presiding; therein ; the above-
named archbishop of York, in the namn of him-
self, and of the said bishop of Hereford, ac-
cording to the order of the said king, did pub-
licly declare the Ccs^ion, and Kcnnnri.uion, to
have bi*en so made by him as aforesaid, with
the snl)<:cription of his royal h:ind, and delivery
of \\\> s''t;n(.'t. And the said (.^c^sion and He-
naiiciation, did there cause to be read by ano-
t'lrr, l>-it in Lathi and then in English.
himself, in his Renunciation and Cession
aforesaid, signiiied, that tlie same was very
expedient, did each man singly by hiinscll,
and in common with tlie people, unanimously
admit the said Cession and Renunciation.
Afker wliicli admission, it was then and there
publicly declared, that besides such Cession
and Renunciafion so as aforesaid admitted,
it would l)e very expedient and profitable to
the kingdom, fur tl:e removing of all scruples,
and taking away sinister suspicions, that every
many crimes and defects, by the said king
about the ill governance of his kingdom very
often committed, reduced into writing by way
of articles, by reason of which, as himself
affirmed in the Cession by liim made, he was
desen'cdly to be deposed, should be publicly
read, and declared to the people. And so
the greatest part of the said articles were
then and there read througli. The tenour of
all which Articles is such :"
Articles against Richard 2.
" Imprimis, It is objected against king
Richard, that whereas by reason of his ill
government, viz. his giving away his goods and
possession belonging to his crown, and tliat to
persons unworthy : and his indiscreet squan*
dering the same away otherwise, and to that
end imposing, without cause, collections and
other grievous burthens on his people, more
than they were able to bear : and also innu-
merable other eviU by his assent and comnuuiA
perpetrated ; tlierc were by the whole pmrli^
inent certain prelates, and others, temporal
lords, elected and assigned, who might with aQ
their power, and at tlieir own charges, faith-
fully labour aliout the just government of tbt
realm : yet the king causing a conventicle M
l»e held by him, with his accomplices, the sai4
lord^, as well spiritual as temporal, so occupied
about the safety and profit ot the kingdom, did
prr>p(;<ie to impeach of Ingh treason ; and M
\ioleiitly draw the judges <»f the kingdom, for
fear of death and corporal tortures, to such bit
wicked purpose, most vigorously striving to de^
stroy the said birds. — 2. The s:iid king lately at
Shrewsbury, caused several, and the greater
part of the judges, to come belore him and his
favourites privately in a chamber, and by me-
na( e-j, and various teimrs, and such aftright-
mentsas might foil even upon men of constant
resolutions, did induce, cause, and compel them
severally to answer certain questions tliere pn^
poiiudcd, on the behalf of the king; concerning
" fiumedMtely iifiLT which, it Mas domauded j the laws of his kingdom, besides, and against
ol the estates and pciple th'^rc present, to
wit, first of the archbishop of Canterbury, to >
whom, by reason of the dignity and preroga- j
tive of his metrnptilitan church of Canterbury, .
it belongs in this behalf to have the tirst voice,
amnii^st the rest of the prelau^, and nobles
of the realm, ' whether fir their interest and
the utility of the kingdom, they would be
uleascd to ndmit sucii Renunciation and
Cession/ And the said states and people,
judging from the causes by the suid king
their will, and otherwise thnii they would Imre
iinswcivd, had thev been at liberty and unforced.
By colour of which answers, the said king pur-
posed to have proceedefl afti.'r«vnrds to the de-
struction of Hiomas duke of ( ilouccster, and
the earls of Anaidcl and Warwick, and other
lords, against whose deeds and bchavour tlie
said king was inucii incensed, chiefly (because
they desired the said king to be under good
gnidance ; but Providence withstandiug it, faj
the resistance and power of tlic said Itmbj
Ml] STATE TRLVLS, 1 IIunmiy IV. ]'S:>9,-^gainst Richard the Second. [1^2
Lin^ vvas not able to brin^ such liU design to
r:recr. — 3. When ibo lorHs leiiiporni defemiinj;
theiii^lves, lind withsttxid his malice and fraud,
andiiie i»id king had pretixed «i day fur holding
bhpaiiuunent to do them and other inhabitants
nfrbe realm, justice in that lielialf, and the said
ttmporai lords were quietly and peaceably ^(mc
hxMf and at tc9l in their houses, in hope and con-
JNieoce of the said parliament, the king secretly
KBC the duke of Ireland with his letters and stan-
Cud towards Chester, and there gathered mul-
aades in arms, and caused dicm to rise against
itt »id lc*rd«, the nobles of the kingdom, and
tfrvants of the state, publicly erecting his stau-
6rd agaiobt the peace which he had sworn to
bf p. From whence slaughters of men, capti-
lilies, disseiirions, and other in6nite mischiefs,
liid ensue throughout the whole kingdom ; by
■liidi act he became guilty of perjury.— 4. AI-
titaugh the said king had in full parliament
»d by the assent thereof, pardoned the said
dakeof Gloucesrer, and earls of Arundel and
VTorwick, and all their assistants, and others,
tU offences ; and had for many y(*nrs shewn
i:*ns of peace and lure, to the said duke and
e-irls, and to the rest appeared with a pleasant
and benign countenance. Yet the said king
aivays and continually bearing gall in his heart,
did at last, taking an opportunity, cause the
naA dnke of Gloucester, the undo of him, the
nii kin^, and also the son of £dward the late
kipg of England, nf happy memory, and consta-
lieuf EogUnd, then humbly going to meet the
Bid king, in solemn pntccsaion; and the said
eub of Arundel, and Warwick, to be taken and
arrested; and him the said duke out of the
Ls^lom of England, to the town of Calais, did
(a»4to b«* led, and there imprisoned, and un-
6fibe custody of the carl of Nottingham, one
oftfaf ijtpellors of the said duke, delninei^ and
v:t&0BC answer, or any lawful prf)Cfbs whutso-
ffffr, M inhumanly anfl cruelly cau«r to i.e
fCJucued, strangled, and lunrdorcd. AnrI tiK'
cvl of Aruitdi-1, though he plead'.;d as well tic
pnersl pardon, as n pardon aftor-.vards to him
specxjiily i:ranttd, and dc&i red justice to be done
lun, TCt in li-s> parliament encompassed v. iih
aniM-'l men. and ir.nuiiierahlc archers of ihc
peuple by him gathered to that purpose by
|K«ins;, did damnably cause to he behuadcH*.
iad the- earl of Warwick, and lord CoMiain, did
CMBmit to per. etnal inipri»onmrnt ; wirl;f(iiy
indacaiiist ji;<;ticL', and the laws of his kingrlfim^
lad his eipress oath, rrmfisccting I heir lands
nd leneinenis m well fee-hiinple, as fcc-t:iil,
from them and their heirs, and giving the shiul*
Xj their appf Ilorb. — 6. At the same time, that
tbr kinu in hii parlinment caused the duUc of
(/k*ur«:»fer, unfl earls of Arundel and Warwick,
to lic adjudtred, that he might ninrofrcelv exer-
ate his cruelty up^jn tliem, and accomfiiish lis
, iMJunous i^i'l in oth*:r matters, he gathered to
' UMekf a ereat multitude of nudefactors of the
I Kanty of Ch^i^ter ; of wlium some passhig with
i IW k'inc through the kingdom, as well within
' tekmg'f palace as^ithout, did cruelly kill the
•ft Miljects of the kingdom, and come they
I beat and wonnded, and did plunder the goods
of the people, :iiid rctube to pay fur their victuals,
and did ravish and violate iheir wives, and other
women ; and though there were grievous com-
plaints, of such their excesses, brought to the
hearing of llie said king, yet the said king did
not regard to cause justice to be done, or any
remedy thereupon, but did favour the said
troops in such their eviUdoings, trusting in them
and their guard, against all others of his king-
dom ; for which cause, the faithful people of
his kingdom had great matter of commotion
and indignation. — G. Although the said king
by his writs, caused proclamation to be made
throughout the whole kingdom, that he had
causc^l his uncle the duke of Gloucester, and
! the earls of Arundel and Warwick, to be taken
and arrested, not for any assemblings or
troopings by them formerly made within the
kingdom of England, hut for ver^ many ex-
I tortion5, oppressions, and other thmgs by them
afterwards done, and peipetrated, against his
royalty, and kingly majesty; imd that it was
not liis intention, that any of the family of the
i suid duke, and earls, or of their followers :it the
time of such assembling, and trooping, slumid
for that occasion be molested, or apj;rievc?d ;
yet the said king, at Inst, in his parliament,
did not impeach the snirl lords for extortions,
oppressions, or any such matrei-s, but for the
assemblings and tnK)pings aforesaid did adjudge
them to de::th ; and very many of the hnnily
of the said lords, and othc:.*, who were follow-
ing them at the time nf such their assembling,
and troopinu, he did, for fear <if death, f«>rce to
m:ike fine aud iimsom, as traitors or rebels, to
the great destruction <:f a great number of his
! pCHjple. And bo Iw. did suhilely, fraudulently,
I and ni:iIIeiou-ly (i,"reivo tiie saicflords, and their
domesiie.'*, and the people of his kingdom. —
I 7. After very many of those persons so nmk-
1 ing rine and riinsom, had obtained of the king
; his letters patent of full pardi.i in the premises,
I iliey c'lUld \,.)i. reap any commodity by such
! letters of pinion, till t'jey had made new fines.
I and ran^oii..;, for svi\i:i:: of their life, v. hereby
' \ery many were i^lpoveri^hed ; which ivas a
■ ^reat der(!t:ntir)n and (Ji<ihonour to the nnnu> and
j Mute of a king. — »>. In the last purliament
lit Id at Slirc '.Vbburv, the said kiu'j; purposing to
oppress his pe(>[)le, sublhly pro(:ua:d, and
caused it to he L-ranicd, " that the power <»f the
\ parliament by tiic con^^ent of the states of thi:*
kingdom, should reiuain in certain persons, to de-
' tennine, after the dis'^ulution ol'the pMrlinment,
' certain petitimv^ in tliesaid parliament exhibited,
I but then not disnatchcd/' Bv colour of t\ Inch
j grant, the pcr!«ons so deputed proce-eded to
other things l'i nenilly touching that parliament.
i And this with the wdl of the king : in deroga-
tion of the state of p;irlimnenl an. I the great
, damage of the wiicilc kingdom, and p(>rnicioi:i
example. And that they mi^ht seem to have
'■ some colour and authority for such their doings,
; the kinsf caused tiie l*arliament Kolls to, Ije
j altered anrj blotted at his pleasure, agamst the
I efl'ect of ih'^ •lid yr.Tt. — 9. Not^^ithstanding
UJ] STATE TRIALS, 1 IIenrv IV. IS'JQ—AilidtiqfAcaiiation
—14 At *ucU
Wkted, aud li«d
of bij kingdom,
' of loBD, to be
nolnithttandiae
:d b; liii sevetal
fraous of whom
rps)' tlic Mine ;
iroiuibt, Dor arc
loitiet, whereby
ieved; and ao{
I of (lie king-
J.— 15. Wliewi-
revcnut' of his
leionnug [a hit
I;, without the
iiig a^ tilt king-
cliargu of w«n ;
T, lor >.U wbolr
en tlic kingdom
i, IiRili not only
•d th« gteaieu
I this to unoor-
her impoted on
of niunry grant-
liis reign, that
I loo escetwi-ely
impovetisliment
ig the goodi W
[1 profit of the
jgally squondei^
II of )iii name,
fhilrt grent tunia
ingdoni, for the
id other tbinp
d«d with riclwi
of li» prOEent-
wilUng to keep
rtoms of KnVinj-
uitrttry will to do
IS des"«»; ""^
1 iho 1b«» of M
Jed und declnrei
«i»ofbi»coond
1 that he "u"'" a
i„» tiilVi eiprew
u-hty coaotto-™
vn h» mooth," ai
,„e in *'» ^J*"
,«cou\dmJt««
i.-...«lnni." anS "*1
A* nunecirtitm at n
•;;(,Bn«ot,«ltt(4i»li
145] STATE TRIALS, l IIrnrv IV. 1S99 agfwist Richard the Second, [IW
pf!i[ioD lobe preferred in pnniamciU on behalf
of iLe ctimiiioiialty of liis kiii^dom, niid t) 1)C
$?aDud to liiin in general, ** ili.iC he migiit he
M frre ns aiiy of bm proE^eititurs were belnre
bro." Bj culnur of which petition and con-
tiiion, the said kiii^ haih very oficn com-
manJed verv many th'ni:<) to be done ngaiii^t
^iro »tatuccs unrepealed; acting tljcrcin ex-
fs^^jrand knouingly nguinst his oath taken in
nncaticin, as aforcrMtiid — 10. i\lthuui>l)it was
e-ictcd and orduincd, that no bhciilY should
Wi his uAice ab>>ve one year together, hut
tut 3 year* sbould pnss bi-forc he should be
Vila admitted to that ofiicc; the said king lUi.
iiKKiiine* for bis own single commodity, and
iiBtiinies mt the inatance of others for their
idTiurajFe, hatb permitted and caused certain
iLen'Ja to stand and reninin coniinually in tfiei
<Ac», some times two, sometimes three years,
i9in*i t>3«* t4.-nor and eB'ect of the statute
uutefr'uidy thereby incuiring peijtiry ; tuid this
H n'jtortoiis, public, and {leneraliv ill spoken
k'j—19. Although by the stntnte and cti^toni
ti his reiibu, in the calling together of eA ery
{viiamenty Ids people in the several counti(?s of
tto kingdom nufzht to be free in clioosins; auii
^ting t%vf> knijfhts to be present in such par-
imeiitf for each respectne county, ifud to
Ware tlii'ir crie^ances, and to prosecute si'ch
Micdie^ thereupon, as u* tlieni shall set in e\-
pei cut : yet the ufore>:ud kins, that in his
pcrlisroenrVt lie ini^ht l>e able more fref'ly f«>
^n4ji^»{i.-h the effects of his liead-sri-i>n^\\ili,
4i viry ofte:i direct his commands to liis si.e^
nu, th:jt they shfiuld cause to come tn his
^BfvucM-r.ts, us kni'ihts of the shire, certain
vnrc(> (iV rlie suiii kinv named ; wliich knit;liis,
^«t> i'.i\«iurite?, he mi<^lit ie-id, as oilen lie
1=^ (^v^, !^niictini''s bv various menaces and
''^•j'*. and souieliiiies i>v iiiits, U) con«>ent to
*-*i*^i!:'» «•. were ptv)LKlicial to the kingdom,
«^ '".c^.tiisislly bnrdeii'jome to the peoj;le ;
^'*^r*^<xi Lilly t(i |;niiit to the said kins; a sul>-
srjjr iHi wtnA tor the '* term of his life/' »iui
:ji <hi-r *ii!;^itlv tor certain voars il:erei>v too
STfc-"'' 'jily uppre-«M''n<; his peopli'. — ttO. The said
kioj. tlira lie mi«rht nit>re freely fulfil and fol-
ti'iA 111 e^ery tbin<; his own arbitrary will, did
•iJii:i»full\ crause and commmid, that the site-
rA, tLn>uuhout \m wliole realm, beiiides their
airitnt Mccu«tfmied oath, shr)uld swe:ir that
^hgn mould ohev all hi» ciouiniaiids, as often as
isr-. *lH#ui<l be dire<:ted to them, under his
treat and priry f c:d, and also his letters under
k» «;ziM:t ; and that in case the said sheritl's
ibDfil'J come to know thnt any within their
kaiiinicks, of whatsoever condition tliey were,
had publicly or becretly said or spoken any lih
that uaisht tend to the disp^ce or scandal of
*4if roy:d perv>n, they should arrest and impri-
hw tbtm, tliere «MifeIy to be kept till tliey should
ft^ite comninnd from tlie kiiifr to the contrary,
ip tniv be ffiund in tlie record; which fact may
Cf^aLly lend to the destruction of many oi' tht>
r^ people of tiie said kingdom. — 21. The J-dd
^z, iiri^ms to tnunple under toot his people,
M •uUlrl% t'j acquire tbeir goods lo liimsch',
^ -I I. '
that he mitiht abound in superfluous riches, did
cause the people of seventeen counties of ll.e
realm to submit tiufnt>elv<.'S to the king as trai-
tors, by letters untier their f-eals ; by culuup
wlici-eof he got mij;;ijly sums of money to be
granle;! him, by the cier^'v and peo[)le of thoee
counties, for obtiiinint; \n> royal iioud-^Nill and
favour: and thouL'h, to please the jieople, the
kin«; had cau>e'l those obligatory letters to he
fesiiired ; yet tl.e procurators of the j;t?ople,
havint' full ijovver uranteJ them to obliiie them-
selves and their heirs to the s'.iid king; he, the
said kifig, caiis(>d them under theii* sirjds, to be
b(nind to him in tlie name of the said p(H»ple;
and so deceived liis i>e.jple, and subtlely ex-
torted from tliem their good.t. — 22. Allhouii^h
the said kins, at his coronation, had sworn to
keep the liberties granted to the Church of
Kii^,land ; yet the saiil kinj;, by renson of his
voYa<:(- into Ireland, did by his letters command
very miuiy reIi)!ious pinions, viz. abbots and
priors oi' liis kini;<i{.'m, strictly re(|uiring that
some of them should i^end to him cerUiin horses;
and S'Mue of them not o'idy hor^'cs, but nUo
wag«£ons and carriages tor his said voyi^ge, or
in lieu theri*<if great sums of money in the said
letters ex;)res>t?d : hv which manner of writinir,
he forced m.uiv of such reli-'ious out of fear lo
ful.il his will and connnand ; whereby they
were he.iviiy im()overished and oppressed, iii
manife^t derjg'.lion of eiclesiastical liberty ; by
which pretext lite said king did incur perjury. —
'J3. In most of the great roval councils, when
the lords of the realm, tlie judges and other-,
bein^ ctiarged that they would faithfully ctjun-
sel the king iii matters relating to his state and
that of his kingdom; the said h)r(U, in^t ices,
and others, very oOen in iriMiig eonnM-l, :n'-
ording to their best disereti«;n, hne b(.*en by
the kiirg suflfhiily t'lid so hercely eliidden and
reprov<vl, thai they have not d.ued to s);eak
the truth, in <;iving their advice for liie state
of the kin^ and kingdom. — i>4. The tresihure,
crown?, reh'iue**, and other je\^el^, \iz. tho
goods of the kiiitidom, whirli tnp.e out of mind
have been re|)osiie<i in ihi- ticiMiry f>f the K'hl'-
doni, for the honour of the kiiiu, and pn-^^erva-
tion of his kiMgdom ai:aiij>l :ii.y ?M'.I«l«n evmt
or exiiiencv ; ti;e said kiii'j ::'»n!i: out of his
kingdom into Ireland, diii l"ke nway, and eau*-ed
the same to be eaiiied witii him " uilhout the
consent of the ^l.-iles ol" li:e I;:n.;'lom:" wiaje-
by this kingtloiii h :d 1 leii \.>ily nnj'0\i:i;>hed,
it God by the ret il.iiii; oljl.t- siiid u'm.mIs aiiain^l
the said kiiiii's will had not olhenvM.- provide*!.
Ami furth«'nu)it' ihc said kini; did raU'-e the
Holls of lic'.on!'^ toucliiv.; tl v >[a\v mid go\rrn-
meul of hi»» kn-«i*l«n:i to bi- clc-irovt'tl and niseil,
to theirre;«t. |M"';ii".iAe of Iji-i pt >pli', viui dl>in-
herilini^ol' ll:.- 1 I'M- n .Ji'lKf >.iid kin-.Ld<>m: ciul
all tiii>, i'.> it 1*^ {-'.''.ii^-.blx l-eiiv-\<<l, in fa\our and
.•sUfjpiJit of !.:> I'll ■.:'tv\'iii:M!(:t'. — '.'.'). Tin- ^aitl
kii!i: \\;'» \Ntii;l. ;-> ii \\i w peii-eln-ilv, to Ik* ^o
vaii-tb]»- Mill ^ll;^elulllilll; in Ui^ \»i.»ri!? :iiid uni-
iuii-, and "^t* conlr:ir\ lo Inn^ih. ::iid t'-pKi-
ally in writi:)*; t > tie |ii»|'e, ami to kii.*:-* and
other h)rds out ef iIa- Lnu'lnni, ::;).l ml bin it.
I.
117]
STATE TRIALS, 1 Henry IV. 1399. ---Articles of Accusation
[US
and also to otiicrs his sulyerts, that no man I
livins; thut knew his conditions could or would \
confide in him ; nny, he was reputed so un-
t'.iitiiiiil and unct)nst:uit, thut it biM;ame scan-
dalous not only to his own person, but also to
tlie whole kingdom, and especially amonj;st
foreigners of all the world who came to know
the simie. — 2G. Although the lands and tene-
ments, the c;oods and chattels of every free- ;
man, by the laws of the reahn used from all ,
tune heretofore, ou«»ht not to be taken from
him, unless they be forfeited : yet the said '.
kiiiiT puriMKiint; and lon«pii«; to we.iken such I
kiws, in the prt»siMice of very many lords, and ;
«)thers of the commonaltv of the kingdom, hath
frequently said and aihrmel, " That the life
of every one of his subjects, and his lands, te-
nements, goods, and chattels, are his, the said
kinc*.«, at his will and jdeasure, wiihout any
for ft itu re.*' — Which is utterly against the laws
and customs of the king<loin aforcsaitl. —
27. Althouf^h it was enacted and ordained,
and is hithcrlo confirmed, that no freeman
shall be tnLen, nor any way destroyed ; aud
that the kini: bhall not pn^s, nor send any to
pass upon him, but by the lawful jadgmeMt of
his peers, or by the laws of the land ; yet by
the will, command and order of ihc taid kint;,
very nmny of his liege people bcin«; maliciously
nccnstrl for havin;; publicly or secretly said
sonicihing that niiuht tend to the dispraise,
scandal, or disgrace of the person of the said
kiiiL% have been taken and iniprisonrd, and
brought before the constable and mnr^ihal of
England in the court military, in whicli court
the said liege people being accused would not
be admitted to make any other answer, than
that they were now.iy guilty, and would Jus-
tify the same, and defend thcmsielves by their
bodie«, and not otherwise; noiwirhstandini;
their appellors were yoimg men, stout nncj
lusty, and those so accui^ed, ancient and im-
potent, maimed or inHrm ; wliereby mn only
destruction of the lords and grnndeis of the
kingdom, but also of all and singular persons of
the comuidnalty of the snmc may probably en-
sue : since therefore the said king hath wilfully
acted contrary to such a statute of this king-
dom, *tis not to be doubted but he hath thereby
incarred the crime of perjury. — 28. Although
tbe people of the realm o\' Kngland, by virtue
of their le^iance, arc fully enough bound to
their king; and the said king, by the lans
and customs of his kingdom, is enabled to ror-
n.'Ct and punish his people, if in any kind they
transgress ; yet the said king dcbiring to tram-
ple on, and too much oppress his people, that
he miuht the more freely execute and f'lllow
the humour of his Ibolish and unlawful will, by
his letters to all the counties of hi& kin;;dom, did
enjoin nnd command, that all his subjecis, as
well spiritual as temportd, should take certain
oaths m general, v%liicli i\ere too grievous to
tliem, and vihichmi>£ht probably cause thelinal
destruction of his people ; and that they shouhl
GonBrm such their oaths under their letters and
seals. To which royal cummaDdi tbe people
of his kingdom did submit and pay obetlience,
that they might not incur his indignation or
displeasure, and also for fear of death. — 20,
When parties contending in the ecclesiastical
court in causes merely ecclesiastical and spiri-
tual, had endeavoured to obtain from the chan-
cellor of Engluod, prohibitions to hinder the
lawful proce-»s in the said courts, and the baid
chancellor brul justly refused to grant the
same : yet the said king by letters under bis sig-
net, has frequently prohibited the ecclesiastical
)udi;rs to proceed in such causes, thereby evilly
infrinpinv the liberties of tlie church in the
Grand Charter approved, to the conservation
where:jf he was sworn, and damnablv incur-
ring perjury, and the sentence of excommuni-
cation against such violaters thereof by tlie
holy fathers pronounced. — 30. The said king
without any reasonable or lawful cause what'
soever, or any other procei^s of law, did in his
parliament encompassed in warlike manner by
armed men, adjudge Thomas of Arundel, loid
archbishop of Canterbury, (primate of all Eng-
land, his spiritual father, absenting himself bj
the treacherous counsel of the said king) to
banishment, against the laws of his kingdoiDi
so by him sworn to as aforesaid. — .31. By inspec-
tion of the testament of the said king, sealed
with the great and privy seal, and also with Ids
sit;:net, among other things there is contained
this clause or article. *' Item, we will that tlie
residue of our gold, (tbe tnie debts of our hous-
liold, chamber and wardrobe, being paid, for
payment whereof we bequeath Q0,000 markt;
reserving to our executors, 5 or 6000 marks;
which we will by them to be expended towaidi
the more plentiful maintenance of the leper9,
and chaplains, to celebrate before them, by us
founded at Westminster and BermoiidseT,>
shall remain to our .«uccc*!Sor, provided always
that he approve, nitify nnd confirm, and holcl,
and cau.se to be holden, and firmly observed, all
and singular the statutes, ordinances, and judg-
ments, made, given, and rendered in our par-
liament begun at Westminster the 17th of Sept.
in the 31st year of our reign, and in the sama
parliament continued at Shrewsbury, and there
iioldcn ; and also all the onlinaiices, judg-
ments, and establishment!*, of the IGth Sept.
in the 2'2d of our reign, at Coventrv ; nnd a^
terwards at Westminster, the 8lh (d' March, in
the year aforesaifl, by the authority of the said
parliament, and likewise all other ordinances
and jiidjiments wliiih bhall hc?n^afVer happen to
iHMuade by authority of the said parliament.
But otherwise, if our said sucro?»'*or shall refits^
to jierfonn the premises, (which we do not be-
lieve) then we will that Thomas duke of Surrey,
Edwanl duke of AHxMnarle, John duke of Ex-
eter, and William le Scn)op earl ofWiltsbire^
|)ayin!; first the debts of our housi'hold, our
clrnnber, and our wardrobe, and reserving 5 or
6000 murks, as idoresaid, shall lune an^liold
all the said riNidue al)oveineiitioned ; fiir to
support nnd defend the said statutes, estaMisb-
meiits, onlintiiiceii and judgments, to their ut-
most power, e\'en unto death, if it be
i«] STATE TRIALS, I IIenrv IV. VS90.— against Richard tfu: Second, [150
sary; upon all which, and every part, we do , against tlic laws of the kingdom and all justice,
hereby cliai]ge and burden their consciences as ' "' ' ' ' . ii • - » -
tlie^ will answer in the day ofjiidi^nient.** By
which article it may evidently enough appear,
that the said king did obstinately stnve tu
maintain and defend those statutes and ordi-
nances, which are erroneous and unjust, and
nrpugnanc to all law and reason. And this
out only during liis life, but after his death too ;
neither regarding tlie peril of liis own soul, nor
vet the utter destruction of his said kin^(U)in or
itpt people.— 39. In the 11th year of tlie
confiscated all hisjsoods, whereby lie likcwi^ie be-
came guilty ofpeijury. IJat I'urtliermorc, tlie
Siijd king being willing to palliate his malice and
suhtilty, by flattcrini; diaconrst's which lie oft-
times had with the said archbishop, did endea-
vour to clear himself of such injury done, and
make as if it were the doings of others ; insomuch
tiiat the archbishop discoui>»ing with the king,
and witli the duke of Norfolk, and other lords,
and great men of the kini^dom ; happened to say,
: by way of lamenting his own condition, ** Tliat
Mid kmg kichard he the said kin<:, in the chapel j he was not the first that had suffered banish-
ofliis manor of Lani^ley, in the presence of the ! mcnt, nor should he he the last ; for lie thought
dukes of Lancaster and York, and very many i in a short time the duke of Norfolk, and other
odier lords, desiring, as it hath appeared, that
hii uncle the duke of Gloucester, then there
lordswould follow him ; and confidently averred
to the king, that all the rigour of these pro-
present, should fully confide in the good will of' ceedini^s would finally be returned back on hit
uin the said king; did voluntarily and of hii own head.*' To which the said ki
own accord, swear before tlie venerable Sa-
crament of the Lord's body there placed, upon
the altar, that tlicnceforwards he would never
endamage, trouble, or grieve him, the said duke
of Gloucester, for any of his deeds wliicli were
ing, as a»-
toniMhcd, hastily replied, *' That he verily
thought it mitrlit so happen ; and that he
himself might and iiidcecl ought to be ex-
pelled his kingdom by his liepe people/' And
further, the said king said, *^ That if the same
nid to have been committed against the per- | should happen, lie would convey himself to the
SOD of him the said king, but did cheerfully | same place, where the said archbishop should
and totally forgive him all his offences, if | be.*' And that the archbishop might tho
rather credit his words, he shewed hun a
certain great iewel, curiously fiirmed, un-
denieath the skirt of his outward vestment ;
intimating for certain, to the said archbi-
shop, that whenever he should send that je\%'el
for a token, he would not ilelay to come thi-
ther, where the said archbibhop should be re-
sident : and that the said archbishop might
more confide in him, the said king sent to
him, advising him, that he should privately
vainly sui^gested ; and the said xirchbishop '■. send all his jewels, and other things of value,
pmtaidy then and there offered himvelf ready < belonging to his chapel, unto him the suid
t)tiii«cr the matters charged upon him ; and i king, fur the safe keeping thereof; lest by
rfewcd that he might be thereunto admitted colour of the before-mentioned judgment, any
^/ifieking, not doubting, as he said, but he j one should wrongfully seize the same. Which,
ibuaid be able sufficiently to shew his inno- ■ under the greatest confidence in the world, be-
ccooe : yet the said king, contriving by all the ing done, the said king caused htm to reposite
■rays and means he could, to oppress the said the said goods in certain coffers ; and the said
any were. Yet afterwards, notwithstanding
such oath, the said king did horribly and cru-
e'ly cause the said duke to be murdered, for
such the before pretended offences, thereby
incurring the guilt of damnable perjury. —
33. After one of the knights of the shires
of the said kingdom, having a voice in par-
liunent, had impeached the said Thomas arcli-
liiihop of Canterbury, upon certain defaults,
caaunitted against the king's majesty, as was
trchbishop of Canterbury, and ruin his estate,
is the e^'cnt of the matter has declared, speak-
ing graciously, and with a chearfiil countenance,
to the said archbishop, from his royal seat, did
adrise, and very earnestly reniiest him, that
at that time, he would liold his peace, and
expect a better and more fit time to make
his defence; which day being passed, the
•aid king from day to day, for five days or more,
did fraudulently and treacherously deceive
the said archbishop^ counselling him, and per-
suading him, that he should not come to the
pariiament but wait at home without any fear ;
because, as the said king faithfully did promise
him, there should not in his absence any loss or
pr^udice be done or happen to him. Notwith-
standing all which, the said king, in his parlia-
ment aforesaid, did in the meantime, adjudge
the said archbishop to be hani»hcd, daring the
king's pleasure, though absent, and never any
way called to answer, and without any reavtn-
■bie cause fvhatsoever; and also voluntarily,
coffers to be locked up, and sealed by one of
the archbishop's clerks ; and keeping the
said coffers by him, returned the keys thereof
by the said clerk to the archbishop : yet
afterwards, unknown to the said archbi»}iop
caused the said coffers to be broken open,
and disposed of the goods therein, at his
will and pleasure. Furthermore, the said
king faithfully promised the said archbishop
that if he would bnt repair to the port of
Hamptcm, in order to go out of the realm, he
would at last, by the intercession of the (|ueen,
t;et him recalled. And if it should happen,
that he the said archbishop should gfi out of the
realm, he >hould without fail return into Kng-
Innd, before Easter next fullowing ; nor should
in any kind lose his archbishopric : and this he
faithtully pnnnised, swearing uixjii the cruss
of the laic martyr St. Thoim?, arclilii-li«»» «>f
C'anlerhnry, by him tlie suid kine *i.r["T«i«5
touched: all which pnimis«-s nM'.vi'!-r •i.i-'*-
the said king forced the said arrhb.iftji'- "» **"
151]
STATE TRIALS, I Henry IV. \%90.— Articles qf Accusation
[Ij2
pnrt the renlm; nnd forthwith transmitted special the confeuion of the said Richard acknow-
feitc s r<) tl c upost'tlical bce, to have him
transltiti d. And ho, niid by other frauds, and
deceirful [^ick^ of tiie s>iid kiiit;, the said urchhi-
shop heiiig :i well-ine.tning btlicviiig niau, wus
sul)tiil\- cin:uiii\e!itcd."
SfHfince of' Dc'tnsi ion paxier/ upon Richard 2.
Alter tlic rt'ciud of tlie fr)^l'^oilll^ ArticJcs,
the lu'cord procoe'ds thus ; ** And because it
sco'iicd to idl the e'»tates of the realm, i>eing
a^kcd liicir jiidirmciits thereupon, ns well se-
verally as jiiintly ; ihnt thtsc causes of crimes
and dtf lults were sutHciciU and notori'ius to
di^pO'C the said kini! ; cunsidcrin;; a!si iiis o<vn
Ci)utcs.-ioii of hi:i insiitliciency, and other thin<;y
coiuained iii his said rcriunci'ition and ce>sioi),
outnly deli\'erc-d ; all tiic said states did uii:i-
iiiiii xjhly co'isent, thnt cr adundtinti, they
slu>uld proceed unto a d' p.i^ition of the sai i
kinj* i\)t the prc.itcr security and tranquillity
of the j/coplc, and henciic of the kini;dom.
Whereupon the said tt'.itest and commons una-
niiiiou-Iy const iiuird, and publicly deputed
certain otniniissioners, viz. the bi.<«h()p of ^ai^t
As.iph, the abbot of Olastonbury, tne earl ol
Cionce-tcr, the lord licrkcley, sir Thomas Kr-
pyiiijh'tin, and sir Thomas (irej, knitfhts, and
sir VVilii.im I'hirnyn*;, one of the justices, to
jiass such *ient(<nce ot' dcpoMilion ; and to de-
post* (ho Sdid l;in^ Kichard, from all kingly di^*
niiy, m:lje^ty, and honour, on the behalf and
in the name, and by the authority of all the
said stat(.-s, us in like cises, from the ancient
ciibtom of ti:e said kinsidoin had been obse. veil,
and fiJihuith the aniil commissioners taking
upon tlunibdvcs the burthen of the said com-
mission, and siitini; on a tribunal before the
said royal chair of btate, having fn>t had
some dc-haic oFthc niaitcr, did on the behalf,
Kud in the name, and by the authority aforir-
saifl, pass the said Sentence of Di-position,
bcin^ leduced'inlo writini; ; and cau>ed such
ledging and reputing, and truly, nnd of his own
certain knouled;;e, jnd^in^ himself to have
Itecn and to be iiilerly insiithcie:it and unmeet
lor the rule and government of the said king-
doms and dtmiinions, anil their appurtennncr%
and for sucfi his notorious flemeritt worthy to
be deposed ; as by him the snirl Kichard was bt;-
fore declared, and by bis will and command,
published before the said states, and made
known and exposed to them in tlie vul;rar
tongue; having already had diligent deblicrft'-
tion upon the^e things and all others, trans-
acted in ihi-i afluir before (he said states and
us, wc do, on the behtdf, and in the naine^
and by the authority to us in this matter com-
mittee), r.r aOuudauH and fi>r caution, pro-
nounce, decree, and declare him the said Rich*
ard to have been, and to be unHt, unable, and
utterly iusuthcient for, and ui|worthy of tlie
rule and government of the said kingdoms,
and the dominion, and rights, and appurte-
nances of the same : and for and by reason of
the premises to be deservedly deposed, of and
from all niyal dignity and honour, if any thing
of &uch di«;niry and honour were yet remaining
in him. And with the siime caution we do de-
pose him by this our definiti\'e sentence in writ-
ing, exp.e^sly forbidding all and singular the
lord>«, archbishops, bishops, and prelates, dukes,
marrjuisscs, earl^s, barons, kni^jihts, vassals, and
valvasor:^, and <iiher B(d)jecis, and lieuc people
of the said kins(h)ms and dominion, and other
places to the said kingdoms nnd dominion b^
longing, that heart foith none of thcin shall
any way obey or rcg;ird the said Richnrd, as
king or lord of thehaid kingdom and dtMitinioii.
*' Furthermore, the said states willing thaC
nothing should be wanting wlucli might be of
value, or ought to be rc-t|uiriHi touching the
preniise*>, being sc\eraliy interrogated tltcre^
npr>n, did constitute the same |iersons that were
fheir sentence to be read and recited by the ! before noininait-d commissioners, to be their
snid bishop of Saint A>aph, their '.olle.igue, by
th(* will and < oinmand of the rest of the said
connni^»ione^', in thf^e wonls :— " In the
name of (lod, amen. We John bishop (if saint ; to him, it it should be requisite, all the pitHniFes
Avaph, John abbot of CMastonbin-y, Thomas ; touching such his deposition and renunciation.
procurators, jointly and severally to res'gn and
give back to the said king Ricbuid the homage
:'.nrl iValiy to him before made, and to intimate
earl of Oloiicf st( r, 'Jh-iuias lonl Herkrhy,
Ti>oma» do l:>pyn>;)'am, and Thmnii^ (rrey,
knight**, and William 'I'hiniyng justice, com-
nM^<«ionf rs spcciallv urpnted to the matter^
undcr-t^ritten, bv liie peM>and \on\s spiritmd
and te.'Ufiriral ot' tlje kin^d nn of Knglaiid, and
tiic commons of t!ie s:ua kingdom, representiiiu
nil the ('&t;Ucs of liic sat 1 realm, sitlitig in tri-
i.minl: and ha\ing loi^iii-.itd the multiplied
perjuries, crui i\\, an>i vi ry many other crimes
of the ^ai i Richard, touciiing his government
romiuittfd and perpetrated in his kingdoms
nnd dominions aforesaid, during the time of his
giivernane-e ; all of them Itefore tfie said state**,
upeidy and publicly propoundt-d, exhibited,
and reciitrd : which have been and arc so
public, notorious, manifest, anil scMudaluus,
that they cuuld not nor can be concealed with
denial or excuse. And comidering likewise
— And then presently, as soon as it appeared
by the premises, and tlu' occasion of the ni, that
the crown of England, with its appurtenances,
was vacant; the aforesaid Ik'nry duke of Lan-
caster risiiig up from his place, mid standing so
erected as he might convenicnily be seen by the
people, and humbly fortifying iiiniself with the
sign of the cross on his forehead, and on his
breast, having also first called upon the name
of Christ, did claim the said kingdom, so vacant
as aforesaid, with its crown and all its members
and appurtenances ; in this form of words in
his mother tonj;ue : — * In the name nf Fader,
» Son, and Holy (Jhost, I Henry of Lanca*>tcr,
< chalenge this' rewme of Yngionde, and tlie
< cnmn with all the members, and the api urte-
* nances :ds I that am descendit, be right line
* of the blode, coinyng fro the gude h>rd king
' Heorjr therde, and tborghe that right thai
' niT kva, aod of my I'rcndcs tu recu\'cr it; ilic
' whicli rewme wat in poynt tu be oiidoiie tor
* defaui of govenianre, and undoyng of tiic
' ludelaws.' — After which claim niid chBlleii^e,
KPrell the lords spiritual us temporal, and ull the
iatrs there pre^eiit, being several iy andjuintly
mteiTOgatefly nliat tliey ttiou^htof tliat claim;
neiaid states with the whole people, without
isrdidicuhy or delay, did unanimously cou-
nt that the said duke should rcit;n over
aoB. And forthwith, ostlie said k'uv^ she^vcfl
Kthe states of the kin^dtmi the si{;net «>f king
Richanl, delivered to him as u token of his will,
ikti be sliould succeed him ns aforesaid ; the
laid archbishop takini; the said king ileiiry by
ibe right band, letl him to the royal chair of
Kate ; and after the baid kin;;, kneeling down
h(fi»e it, had pruyed a little while, the ftuid
iichbisbop of Canterbury, ubsiatcd by the arch-
bahop of York, did place the said kuig, and
came hiin tf« sit in the said royal sent ; nil the
people woodertully shoutini; iorjoy. And l>y
■ad by the said archbishop of Canterbury-, hav-
iTf irith much ado procured silence from the
over<^oyed multitude, made a short discourse,
or oratioo in these words: — Vir dominahitur
papxlo ; * A man shall reign over uiy people,'
1 Sam. ix. 17. — These are the words of the
Kja£ of Kings, speaking to Samuel, and teach-
uf him how a person should be qualified to
rjle, tmce the peop'e desired to have a king
pen. And not unfitly nmy they be said of
our li»rd the kiiie, whom we behold this day ;
Bsd if we but iiitiniutely consider these words,
tat; afiijrd un matter of* great consolation ; for
Uj^ does not threaten us, as he dirl i()rmcriy
Le rjtt^.'c by Isaiah, sayini;, IbHiah iii. 'I will
fcite c'jiidrt'ii to rule over them.* But Jic-
> j"-Bc V) his roinpas^ioii, who in liis wruth re-
Aewtnth iiicrcy, he huth visited his people,
>V£'j* chiltfreii no more, us heretofore, shall
• ^ tt fj^er iliciii ; tor the Lord saith to them,
" ;Q.aa aSull rule." Of the late rules of this
AL'sd'vm i>r any of I hem, one might have fitly
Bid ;irtt of the apostle. Cor. xiii. * I spake us
& ci<iiii, I understood a» a child, I thought as a
l^^d.' The ajKMlle repents it thrice. * As a
r%.al fp-jke, 1 understood and thought.* As
b' >p(recft, tis certain that a child is unconstunt
^f speaking, he easily speaks true, and as easily
tost-, i^ rcridy in words to promise, but what he
KttOiiar* he pn*>ently for^jots. Now these are
i^'e» «ery inconvenient and dungercms in a
kiiZV ; nor ii It utf.ifiblc thim any realm shall
Kiod ioiji: ill happinrss where these c<mditions
i*ar *i^n\. Hut from such mischiefs a king-
»'a iii f.ei'd, uiirjse sceptre is swaynl by a man,
*•■ It l^i.r*s:s to a man to set a watch before
t)»tark!ue; and such is our present happiness,
icr unoui not a child, but a man is set, and
i->:b Ml one, a» I liope we may say of him,
'y»t ui Eccle?*. ix. * Hlessed is the man that
Uih nrA erred with his tongue/ Then saith
^ ^pMfle, ' 1 umicnitood ns a child :' now a
^ ki rchihi k iiothinjs but flatteries and plensinir
■-^^, and uuderstmnds uxdy baubles and tri-
133] STATE TRIALS, I IIenrt IV. ISOO.-^gainst Richard the Second. [l.7i
God nf his grace hath sent mee, with hclpe of { fles, and lovi>s not one that argues according to
truth, yea indeed hates him beyond ull mea-
sure. But heretofore amongst us truth was
trampled under fot)t, mi that none durst speak
it ; and therefore tis plain and apparent
enough, that he, that then reigned understood
as a child. For a man is not addicted to such
things, but understands wisdom, so that by the
grace of God it niny he said of him, as it is
written Kccles. ix. * Blesscd is the man that
abideth in wisdom.* For ns a child is delighted
in vanity, so a inaii has nnistrd to truih and
wisdom. Truth therefore shall enter and va-
nity depart, which Ims done so much mischief
in our nati!}n ; for now a man shall rule, who
seeks after truth, and not vanity or flattery.
Thirdly, it is said, 1 thought as a child, for a
child thiuks and studies otily how to have hb
humour and do things according to his own
will, and not according to reason ; therefore
when a child reigns, there only self-will reign,
and reason is banished, :uid constancy is put to
flight, and great danger ensues ; fmm which
danger we are delivered, fur a man shall rule
over us ; to wit, one that speaks not like a
child ; but thus as one that has the perfection
of reason. — * I come not to do my own will,
but the will of him that scnr nic ; to wit, of
God ; and therefore of such a roan we will say
not only that he wdl abide in wisd<mi, hut also
that as a man, not a cliild, he will meditate on
the circun)spection of God; that is, he will
every way diligently observe that Go<r8 will,
not his own, be done ; and so in the stead of
a cliild wantoning in foolish stubborn humours,
a man shall reign, and such n man that it sluill
be said of him — a king shall reign in wisdom,
and he shall execute judgment, and do justice
in tlie earth."
Henry t Declaration of Thanks,
Which harangue being ended, tlie said lord
king IJenrv, to appease the minds of his suh-
jects, did tlien and there utter these words:
** Sirs, I thank God iind -/.owe spiritual and
temporal, and all the states of the loud, and
do zowe to wyte, it es noght my viill that no
man tliynkc that he way of conque-t I wold
disherit any man of his lieritnge, franrlirs, or
otiier ryghts that hym ouht to have, no put
hym out of that that he has, and has luid by
the gnde laws and customs of the rowme : ex-
cept those persons that has been agan the gude
piirp'ise ami the commune pn>flt of che revvmc."
And forthMith considerini;, that by tlie
former vacancy of the royal throne, by the
Ce>)«iion and J)ep()sition aforesaid, all power of
justices, she^ll^^, and other oflicers, throughout
the kingdiiin, was reased : therefore, to the
end that tin re might he no failmv nor delay
in the administration of jtistirc, to the griev-
ance of the people, he caused princip.d dth-
ceis and justices to be made and liworii to him
with the usual oaths. And it was immodiatdv
proclaimed by the king's (Mininand, thai oii
Monday next, alur the saifl feust of M. Mi-
chael^ a parhament ^liouhi be held. And that
1j3]
STATE TRIALS, 1 Henry IV. 1 SQQ.^-ArUcles qf Accusation
llbti
oil the Monday following, should be tlie corona-
tiou of the said king at Westminster, and that
all tlioku tliat could claim anv service in the
said coronation should come to the White-hull
of the puloce, before the steward, constable,
and marshal of England, on Saturday next, be-
fore the day of the said parliament to make their
juht demands in that behalf, and receive right
therein. But as for the shortening the day as-
signed to the parliament there was a Protesta-
tion niiule by the king, ' That it was not his in-
tent tiiat i hereby any prejudice should Ije bn)u§ht
upon the stat(% of his kingdom ; nor that the
same tor the future should be drawn into ex-
ample ; but that such abbreviatitm of time was
only made for tlie benetit and profit of the
kingdom, and especially to save the labour and
exuences of several of his people, and tliat the
grievances of the people miglit he the sooner
remedied.' After which the king arising from
his royal throne, and beholding the people with
a cheerful and lx:nign countenance, retired
himself from thence, all the people rejoicing.
And the same day, in the Whitehall aforcsaiil,
made a solemn feast to the nobles and gentry,
there in a vast multitude assembled.
Sir William Thirnynf^^s AfCOHnt of the Conver-
sation with Richard in the Tower.
And afterwards, viz. on Wednesday next fol-
lowing, the before-named Procurators so de-
puted as aforesaid, did, according as they were
commanded, repair into the presence of the
said late king Richard, being wititin the Tower
aforesaid ; and the said sir WilUam Thirnyng
the justice, for himself and his companions and
fellow procurators, in the name of all the states
and people aforesaid, did notify and fully de-
clare unto the said Richard, their admission of
his said Renunciation, and the manner, cause,
and form of such sentence of Deposition, and
f)rcsently did resign and give back to the s»id
ate king Richard, the homage and fealty for-
merly to liiin made as aforesaid. W'ith these
words : —
" Tlie Words which William Tiiimyng spake to
monsire Richard, late king of Knt;land, at
tlie Tower of London, in his ciiambcr, on
Wednesday next after liie fea^t of St. Mi-
chael the Archangel, were as follow :
'* Sire, it is welc know to zou, that thcr was
a park UK nt somoiiM of all the states of the
reuiunc for U) be at Westniystrc, and to hegin
on the Tuesday in the morn of the fest of St.
Mtclul ilic ArchiUigel, that was zesterday ; by
caii^t* ufihc which summons all the states of this
lond were tin re gadyrM, the which states hole
made tht'^ samv pcrsoncs that ben conien here
to zowe now, her procurators, and gaven hem
full autoriie and power, and charged hem
for lo ^uy the worda that we sh:dl say to /f>wc
in her name, ami on their bchalve ; that is to
wyllen, the bishop of Seint Assa for ersbi-
shoppcs and hi-hsippos, the abbot of Ghisten-
bnry tor abbots and priours, and all other men
of holy chirehe, seculers and rewelcrs, the carle
of Gloucestre for dukes and crls, the lord of
Berkeley for barons and bmnerettM, sir Thomas
Irpyngham, chamberlevn, for all the bacbilers
and commons of this lond.be south ; sir Tho-
mas Grey for all the bachilert and coininons
by nortli, and ray felawe Johan Murk ham and
me for to come with hem for all thes •tatt*s.
And so, sire, these words, mid the doing that
we shall say to zowe, is not onlych our wordet
but the doyngs of all the states of this lond, and
our charge in her name.— And he answered and
said, that he wyste wele that he wold noght say
but as wc were charged. — Sire, za remenibre
zowe wele that on Mpiicday in the fest uf Seint
Michel the archaungel, ryght here in this cham-
ber, and in what presence ze renounced and cea-
sed of the state of kynge and of lordeihip, and of
all the dignite and wyrship that longed tiiereto^
and assoiled all zour leiges of her leiunce and
obeisance that longed to zowe uppe the fourmo
tliat is contcned in the same renunciation and
cession, which ze rcddc zour self by lour
mouth, ami afformed it by zour otlie, and by
zour owne writing. Upon which ze made and
ordcined your procurators the ersbishop of
Zork and the bishop of Hereford for to uotiiie
and declare in zour name thes reaunciotion
and cession at Wcstmynstre to all the statet,
and all the people that was there gadyr'd.
hycausc of the summons aforesaid, the which
thus don yesterday by thes lords zour procu-
ratours, and wele herde and understoudeo,
thes renunciation and cession were plenelich
and frelich accepted, and fullich agreed by all
the states and people aforesaid. And over thiii
sire, at the instance of all thes states and pei^
pie, there ware certain articles of defautes m
zour governance r^lde there, and tho wele herd
and pleinelich understouden to all the states
foresaid, hem thoght hem so trewe, mid so no-
torie, and knowen, that by tho causes and by
no other, as thei sayd, and havyng considera-
tion to zour own wordes in zour own renuncia-
tion and cession, that ze were not worthy, no
suAicicnt ne able for to governe, for zour owne
demerites, as it is more pleinelich contencd
therein ; hem thoght that was resonable and
cause for to depose zowe, and her commiisa-
ries that they made and ordein'd, os it is of re-
cord, ther declared and decreed and adjudged
zow for to be deposed, and pryved zowe of the
estate of king, and of the lordcship conteined
in the renunciation and cession forsayd, and
of all the (lignite and wyrshippe, and of all the
administration that longed thereto. And we
procurators to all thes states and people for-
sayd OS we be charged by hem, and by her
autorite gylTen us, and in her name zelde zow
uppe for all the states and people forsayd^
homage, leigc and feaute, and all leigeance,
iind all other btmdes, charges, and services
thar lon'jr thereto, and that non of all thet
sraies and people fro tiiys tyme forward ne
bore zowe fevtii, ne do zowe obeisance os to
that king. — .And he answered and seyd, that
he loked not thcr after, but iic seyd, that af-
ter all this he hoped that is cosyii wolde bt
gude lord to hyui."
I
I
IjTJ STATE TRL\LS, 1 Henry IV. \39Q. --against Richard the Second. [i5tf
liere come to dispossess myself of all public
nuthortty and title, and to luako it free and
lawful for you to create for your king, Henry
duke of Lancaster, my cousin german, whom
I know to be as worthy to take that place, as
I see you willing to give it to him.*'
Richard's Imprisonment and Death.
A very important affair still remained, con-
cerning whicii the king was desirous to have
tlie advice of the parliament before they broke
up. Tiie commons, not satisfied with the bare
deposing of Uichard, after a very irr^ilar
manner, would have had him tried in form, and
peiitioncd tlje king for that purpose, faj It
WAS therefore to know liow Richard was to be
disposed of, that the king wanted the advice of
the two houses. The archbishop of Canter^
bury, who was charged with his orders, having
exacted an oath of secrecy from all the nieio-
bers, made the first motion. It may well be
thought that Richard had not many friends in
tlie house, and if any disapproved of the pro-
ceedings against him, they were too much awed
to venture to speak in his behalf. There was
one however bold enough to say publioly, what
others only thought, namely, Thomas Merks,
bibhop of *Carli:>le, who, without regarding the
motives which might induce him, as well as
the rest of Richard's friends, to keep silence,
made a long speech, wherein he alledged e^'erj
thing that could with nny plausibleness be said
for the king deposed, and against the king on
the throne. — ^Thc bishop undertook to prove
three things. " First, tiiat there was no au-
thority which could lawfully depose a kino of
England. Secondly, that the oAcnces Richard
was accused of, deserved not depo!<ition, and
besides were not proved. Thirdly, that the
crown was unju&tly adjudged to the duke of
Lancaster. — He enlarged very much on the
firbt, showing the great diHerence betwcc-n xlm
several kinds of government established in the
world. He confessed that in some, the prince
or head might be deposed, because the su-
preme authority was not i^oU-ly lodged in his
person, but the people, or noble-, had a share.
Of this sort he reckoned the republics, the an-
cient government of Rome, the empire of (icr-
mnny, the kingdoms of Swedelann and Den-
mark, the earldom of Tlanders, and some
other states. But he maintained, it was other-
wise in the governments where the supreme
authority resides in the single person of the
soverei<:n. In this claims, he ranked the king-
dom of Israel, among the ancients, with the
three Cirit empires ; and among the moderns,
Kngland, Tronce, Spain, Scotland, Muscovy,
Turkey, J'ersia, and in general all the king-
doms of Asia and Africa. With regard to
these he allcd^cd, that though the vices of a
(a) Hollin>:slicad says, tl'.e commons address
was to this purpose; that since king Richard
had re^icurd, and was lawt'ully depo'-rd from
his roynl dignity, lie niiuhl have Judgment de-
creed against him. p. .')1J.
RickartTs Speech to the Committee.
So far tbe Record. Sir John Hay ward tells
A that when the committee appointed to rc-
rrive Richard's resignation assembled at the
Tawer for thftt purpose, the day before the
)ii7iiament was to begin, the unhappy monarch
<t4 brought forth, apparelled in lus royal robe,
the diadem on bis head and the scepter in his
\atd ; and was placed amongst them in a chair
rfsrte. lie adds, that after a little pause
ui eipectation, the king arose from his seat,
■ri ipake CO the assembly tlicse words, or the
«v like in effect :
" I aksure myself that some ot this present,
md wmnj hereafter, will account my case la-
BBDiable; either tliat I have deserved this de-
JKUon, if it be just; or if it be wrongful, that I
nrid not avoid it. Indeed I do confess, tluit
■SOT umes I have ^'.lewcd myself both less
yrandenc and less painful for the benefit of
is oimnon wealth, than I should, or might,
«iatended to do hereaflcr ; and have in many
more respected the satisfying of my own
humour, than either justice to some
■ persons, or the common good of all ;
I did not at any time either omit duty or
pierance, upon natural dulness or set
; bat partly by abuse of corrupt coun-
, partly by error of my youthtul judg-
And now the remembrance of these
is to unpleasant to no man as to
mtrnJif and the rather because I have no
aM» left, either to recom pence the injuries
«k«h I hav« done, or to testify to the world
■ficfemed affections, which experience and
Mfsdacw of years had already corrected, and
mU daily have framed to more perfection.
bivMbcr all tbe imputations wherewith I
IB c^snsd lie true, either in substance, or in
tack ^akty as they are laid; or whether, being
fm, Hev 'be so heinous as to enforce these
oiffn&ies; or whether any other prince, cs-
ftoJfj in the heat of youth, and in the space
iffS fcars, the time of my unfortunate reign,
Mt not sometimes, either for advantai;e, or
^oa dHplea&ure, in a* deep manner grieve
aat pmicular subject, I will not now exa-
Mn : it helpeth not to use defence, neither
lMt«h it to make complaint ; there is no
fboe left for the one, nor pity for the other :
■< therefore I refer it to the judgment of God,
■Ijeer less distempered considerations. I
Ka» no man, I blame no fortune, I com-
^ of nothing; I have no pleasure in such
WBind needless comforts; and if I listed to
^ stood upon terms, I know I have great
feHicrB abroad ; and softie friends, I hone,
■hMie, who would have been readv, yea tor-
*k4 on my behalf, to set up a bloody and
tetfal war ; but I esteem not my dignity at
*b|h a price, as the hazard of so great va«
W, the spilling of so much English blood,
tri the spoil and waste of so flourishing a
y*tai thereby might have been occasioned.
Wribre, that the commonwealth may rather
^^mv fall, than I stand by the ruin thereof,
>Vii:iug!y yield 10 your desires; and am
!.>[)]
STATE TRIALS, 1 IIcnr\ I\\ Vi^^,— Proceedings ag^inU
[ICO
sovcrciL'n slumld he not only dcirlmentnU but
c\cn iiitui. ral)le to liis suKjects, he cnuid not
be lawfully deposed by nny means whnievcr :
that force could not be u<>ed, without iiiciirrinj^
the crime of rcl>elIioii and treason ; and much
less authority, since there was not m the state
any la^^ful authority but what was derived
from him. He producfrd argumc nt9 and pre-
cedents from the holy scriptures and prophane
authors, which cannot be n^pcuted without
being excessively tedious. — Upon the second
Article, he boldly asserted, 'I hat the crimes
for wliich Richard was deposed, were either
false or aggravated ; that indeed, he mi{rlit he
f(uilty of some errors or ovcri>i<:hts, hut his
iBultb could not be styled tyranny : that if bis
failings aO'orded just cause to depose him, how
many sovereigns would daily be treated as
tyrants, and deposed by their subjects ? every
tax, execution of rebels, in a word, whatevir
was not relished by the people, would furni>h
a pretence to dethrone the mokt lawful prince.
He passed over the more >lightly tite pi oofs of
this second head, as the parliament itself
seen)ed to question the truth of the crimes al-
ledged against Richard, since there was no
step taken to prove them in a k<;al manner.
By the way, it is very likely that hu- fear of this
reproach, the commons wanted to procoeil in
form against the deposed king. — Upon the
third Article the bishop maintained, * tliat even
supposint; Richard guilty, and ^rantini^ the na-
tion had authority to depose him, there w;;s
not the least colour of junt ice to t;i\e the crown
to the duke of Lancaster. Thai if the duke
was liie true heir of Richard, as he pretended,
he must wait his death before he could inherit.
Hut that it was known to all there was a
nearer hei", whose father was ileel.irrd suc-
roMir oi Richard hy act of parliament.' As
for Henry's pretended riji'il f:oni ]<>hnund
C'riMuhhack, son of lUnry 0, llic bishop dis-
daiiud to on.-iiler it, nfilimini:, * he was very
Ci'itiiiii, that pe<ij'Ie of sen^i." were aslmmed of
a ri:;lit, h'tili u|»)n so sLndcr a foundation.* —
Alrer that the orator proceeded to examine
theotlior luo lilies containe»l in the kiiiL'/s pre-
clamation, namely, ctjnqncit and liichard\ rc-
-••;iialioii. To ihe liist he said, * That a .suh*
i(.( \ roLilil never pretend to a ri-iht of conquest
a::;un • lii-. «ioverci::n, ^illce the vi( lory itself
',\;»> liiL !i aiid lj( iiioim treason.' As for the le-
B._i:iri.)ii, iiv ^aiil. ' it w.ia not or:ly extorted
i.y I >i((, I' .t Mij^i»u«'iMi: \'. Miluntary, ciMdd be
ot ill) v:il.-.ii;\ : ill st in Uicliiinr^ siuiiiion, it
Ma-* II' ir Ml i.i» jHjMcr to m,i\i: a \ alid a< t : tliat
})<-Mr-. -liM I- f)v iIk 1 iv.s of tlic land liie kiiin:
f(i;.'iil ii'»; .i..»-ii;iic t!;(' Lioun ji wtis, inucli lc>^;>
-iiu'\ ■ : .1 In. ii\r au.iy the: crown itself.'
'ill ii 1 (• r; ►he «>t tin- 'general consent of the
pt ■!''., il. !.Ji lli'iiiv had not. thoniiht proper
!'• 11.": ■: ii;i-'ii ii, ' 1 ImI tl;.- kiiifitioui of Knj;-
iaiid :..ui!i_ \\i \. J !,(.( u (.JLcriNe, it uasridicn-
|(»i;>. i» a-' 'ilu lij ilif |w ojilc the power uf dis*
])()'>:n:: ■ r lilt < i>i\\n.' l.a^iiy, he re|.lie«i to Cbe
(.il>)(riii>:i, <.\ hn 11 iiiiuhi be ali(.d>;(d frain th
'l<.|)0?iii.', I." l-.jA«'Jv. ' That \\ise uiep n
be guided by law, and not by example« ond
firecedeutK. That however, tli6 deposing of
. Kdward 2, was im more to be urged, than the
^■>is tiling of king Juhu, or tbe murder of aoy
other prince: but even in tbe deposing of Ed-
ward *Z care was taken tu preserve the nghts
of the Ittut'ul successor.' What tbe bi»hop
had uiiheriii said, might pass for reasons to
3ue!»iion whether iiiclinrd 9, could be lawfully
eposed. At most, it mij^bt be considered as
the private opinuiu of tbe speaker. But to-
wards tbe conclusion of bis speech, be launclied
out strangely ai^ainst Henry, and expressed a
passion very injurious to the reasons he had al«
led||;cd. He said, * It was to be feared tbe
people of Kngland would soon find tbeiusehes
in the case of iEsop's frogs, boldly adding, as
long as Richard was alive, the English could
not with justice own nny other sovereign. In
fine, he maintauicd, that the person whom
they called king had committed much more
heinous ciinies than those fur which Richard
was deposed : that he had, after bis banish-
ment, entered the kingdom, contrary to his
oath, and without being legally recalled : ibatp
not content with disturbing the quiet of tbe
land, by an unjust and impious msurrectioa
a;rainst his sovereign, he had inoreo\*er dispos-
si'SMed him : that he had also demanded judg-
mcnt against hiin, without oflering to prove
his accubntiun, or permitting the party accused
to make his defence, contrary to the express
hiMs of the realm.' He concluded with say^
iiiLS * That if the wrong done Richard was
ni>L capable of moving the hearts of the Eng-
lish, at least their couimon and manifest dan-
ger nn;:ht to stop ttic course of these viuleiiC
proct edings.' (b)
This .Speech produced not tbe effect tlie
Speaker t\|ected. it ^^BS so unseosonable,
ihal, supposing the nnijority had 'been of bis
uiiiul, it was impO'>sihle to lecede from what
had hern done. But most of the inenibei'S
pir^i-ti J in the same maxims they had f«iUovicd
wiicn Uichard ;vas deposed. Accoriiiiigly, the
Msliop reaped no other fiuit fnmi his harangue
than t<j he c-ihtined in the abbey of Saint Al-
hans, from whence, howevc r, he was shortlr
released wiiLoui t'urther punishment ('cj. — ^The
hi:>hop of C'ai'!i>lcV opinion l)eiiig unuiiimuusly
rrjecicd, iho pariiamcnt came, nitb regard lo
Uiciiard, lo a re>«)lntion seemingly so extraor-
dinary, that there is some reason to suspect
that li'ttory is detective in this place. Ho«f*
ever, ;ill the historians agree, that it was re-
solved, Ui«-hard should be kept in contincineu^
(i) For the Bishop's Speech at length, see 1
Cobb. Pari. Hist. 274.
(c) He was deprived of his hishopricky SB
had the titular see of Samos confem-d on fa;
by tlie n — "" - *fi4. There
wnt ■*•
101]
9TATE Trials, l Hexry IV. 1599 John Hail, for MurdfT.
[16«
during life, with a priltcelT alloimnce : but in
cue anj person thoulil attempt his deliverance,
Kiciiard should ha tha first that should ttuffer.
death. If this be tnie, it cannot be denied
that he waa really condemned to die, since his
life was oolj granted him on a condition not
ia hii power. Besides, such a condition cannot
be anuesed to the sentence of a criminal, but
OB supposition that be is already condemned.
There is some diversity among tlie historians
CNcemiiig tlie manner of Richard's death,
■hoogh all agree it was unnatural. Some affirm
kwas starred to death. Others, pretending
M be better informed, relate his death with
dMse circumstances. After tlie troubles were
appeased, by tlie death of the principal con-
spirators sir Pyers Elton (d) came to Ponte-
uact, with eight attendants. Oa the duy of his
arrivaly Richard perceived at dinner, that the
victuab were not tasted as usual. He asked
die reason of the taster, and upon his telling
kiai that £xton had brought an order forth
fmuk the king, took up a carved knife, and
struck him on the face, Exton coming in, witli
kb eight attendants, at the noise, Richard
feand be was a Ijst man, and resolving to sell
Ui life dearly, wrune a pole axe out ofone of
dttir hands, and defended himself so bravely,
that he slew four of them. But at length,
Mrnding accidentally near Exton, who was got
upon a chair, the villain discharged such a blow
00 his head, as laid him dead at his feet, (e)
(d) Called by Rnpin, sir Thomas Pyers, but
he b not so named, as far as can be found,
by aaj other writer.
> (e) This is Fabian's account. Walsingham
aEjs,be fasted himself to death for grief, at the
■wcaniige of the plot, and died on Feb. 14.
p. 369. Stow says, he was kept fifteen days
tdgetker iu hunger, thirst, and cold, till he
Thus died this unfortunate prince, tliirty three
years old, of which he had reigned twenty-
two.f./*J A melancholy reward for the many
signal services his father had done England !
he was carried to London in a coffin, with his
face uncovered, to be seen of all persons. His
funeral was solemnized at Saint Paul's, the kinjj;
himself being present. After that, he was cnr^
ried to Langley abbey, and buried (g) without
any ceremony. Henry 5 ordered his body to
be removed to Westminster abbey, and laid
among his ancestors (h). Though it was re-
ported all over the kingdom, that he was mur-
dered, no inquiry was made. This neglect con-
firmed the people in their belief, that the king
was not innocent. Indeed, if Richard haa
died a natural death, it would have been ne-
cct^sary to undeceive ilie public. But if his
life was taken away by violence, it was difficult
to doit without the kin£;'$ knowledge (i),
died, p. 3Q5. Polydore Virgil says, he was
not suffered to touch or taste the victuals which
lay before him. Hector Boethius will have it,
that Richard fled in disguise into Scotland,
where giving himself up wholly to contempla-
tion, he lived and died, and was buried at
Sterling. Perhaps this was true of some coun-
terfeit Richard.
(J') The beautiful picture of a king sighing^
crowned in a chair. of state, at the upper end
of the choir in Saint Peter's, Westminster, is
said to be his. Speed, p. 615.
(g) In the church of the Friars preachers
at King's Langley, in Hertfordshire. Walsing.
(h) Henry 5 erected for him and his first
queen, Anne, a glorious tomb of grey marble
on the south side of the chapel of the kings, at
the head of Edward 3, upon which lie their
[portraitures of gilt copper, with a preposterous
epitaph in Latin. (i) Uapin, 123.
^6. Proceedings against John Hall for the Murder of Thoma?
Duke of Gloucester, 1 Hen. IV. a. d. 1399- [HoUingshed.
Cotton. 1 Cobb. Pari. Hist. 283.]
The last thing which we shall mention in the
proceedings of this parliament is some farther
tBi|airy made there in relation to the murder
if Thomas doke of Gloucester. Sir John
B^igot, then a prisoner in the Tower, was
Inaght to the bar of the house of commons,
Sid eimmiiied on tite affair of that Murder ;
vko there declared, in a bill, then delivered
■, * That if was by the adrice and instigation
rfthe duke of Albemarle, that the lords were
^nded by the king, and that the duke of
lobamaDety murdered at Ca-
^-^ «%« duke of Norfolk did keep the
alive three weeks against
hr fear of the king's dis-
y Aod himself, with seve-
. went over to Calais,
^ After this Decla-
ration was openly read, the duke of Albemarle
rose up and said, " That he utterly denied the
charge to be true against him, and offered to
justify his innocence by combat, in such man-
ner as should be thought requisite.*' But Bag*
got, net being at liberty to accept thechalleiigey
the lord Fitz-Walter, and twenty other lords^
offered to make it good by their bodies, that
he was the cause of the duke of Gloucester's
death. The duke of Surrey stood up against
the lord Fitz-Walter, and having affirmed that
what the duke of Albemarle had done against
the duke of Gloucester, was by constraint, he
offered to vindicate him by fight ; and all their
hoods, which they ?lung down as pledges of
their intentions, were delivered to the consta-
ble and marshal to be kept. But all these
differences the king thought proper to acconi«
M
16SJ
STATE TRIALS, 2 IIenrv IV. l\00.—Proeeedmff agma
[164
modate, iji a wny more politic and more con-
&is:ent ivitli the exigency of the tiiiie«, than
biUi'ering ibeui to ^u on to u martial trial. Dag-
i;or, in one of hisi Kxiuniiiations btiorc the
iiouse, nu'niioiicd one John Hall, lltcn a pri-
Mxier ill Nevv)(ntc, who could say much more
than he, relutiug to tlie death of the duke of
Gloucester. Whicli Hull, licing sent for and
examined, confessed ttie vih')lc matter ; whose
l!\aniiuaiion, Cuufesbion, and Sentence passed
H^ainsc liini, beint; on the Uolts, we shall i^ive
fiuni sir Robert Cotton*s own account of it.
*' John Hid], u servant of the duke of Nor-
folk, beinj; examined by sir Walter Clopton,
rhicljusticc, in full parliament, confessed upon
bis oaih, that in the month of September, 21st
Aichnrd 2, the duke of Ndrfvilk charged the
snid John among others, to murder the duke
«)f Gloucester, there be in^ present one John
Colfox, an esquire of the n^v.\ duke of Norfolk ;
and that they tv\o then hw\v at CahiLs went
together t.i Our Ladic» cliurcii, where they
found \Viili;un Hemp^lcy, e^inire, as afore-
said, liradbhaw, esquire, M aforesaid,
William Servadlet, of the chamber of the Late
king Kicliard, Francis \'adlctr, of the chamber
of the duke uf Albem-.irle ; William Rogers,
William Dennicf, and Cockle, ser%'ants
to the said duko of Norfulk ; oil whom were
6Morn upon thif body of Chri'«t, before one sir
Wiiiiuin Chaplain, of *iixU\t r.ieor»c*s, in the
.churcli of (Jiir J.udy, that they sliould not dis-
close the said f.u-t or murder. That after this
oath made, they altogether wtiit with the duke
of Norfolk, towards the house called the
Princes Inn, and when they were come, the
said duke of Norfolk caused the persons aforu-
suid to enter into a iod;;ing within tlie same
house, and m) departed. After which John
J^)\ctoftr, with sundry other esquires, brought
the duke of CilouceAicr, and delivered him to |
the said Scarl and Frsncisv io an inner |nm>
lour, and said, ' There is Scarl and Francis /
whereupon the duke of Gloucester said, * Novr
I see I shall do well,' and so .asked Seurl bov
the king did ? who said, 'well;* and seni Io
him commendations, and so the said John
Loveiofie departed. Whereupon the said
Seail and riaucLs took the said duke of Glou*
cester into an upper chamber, saying, * Thai
they would speak with ium ;' unto whom wheo
they were come there, tliey said 'That the
kin<;'s will was, that he should be siaiii ;* thm
duke answered thereto, ^ W it be so it is weir
come ;' that SearL and iVancb willed thcdnka
to take a chaplain, whom lJ»e duke there took,
and was confessed. A tier which confeasioa
they causinl the duke to lye upon a bed, upoa
whom so lying, the said Scarl and Francii
threw a feuther-bed, tlie udes whereof thm
said Willi:.! II iUigcrs, Den nice, and Cockle of
the c!)ami»er held; and iicari and Francis lay
on the month of the said duke until he woa
dead ; CoUox, llempffley, and Bradsluiw, tat
that night by the duke on their knees, weep-
ing, and praying fur the soul of the said duke;
anrl Hall, this examiuant, kept the door uutil
the duke was slain. After the deutli of whick
duke, the duke of Norfolk came in, and sceioic
him dead, said, ' It were a great matter to
have the said duke hving again.' By wbosa.
confession it seemed to the lords, tliat lie tb«
said John Hall, had deserved a giievous death;
whereupon they adjudged, by the assent of thm
king, that the same Hsdl should be drawn fintMB
Tower-Hill to 'rvburn, liis bowels to be bunied
bef^ire him, his body to be hanged, headedyand
quartered, and his head to be sent and set apoa
Calais, and his quarters at the king's pleaAire ;
and the marslnU tlic saiue day did ezecutioa
accordingly."
17. Proceedings against William' Sautub, for Heresy, 2 Hen. IV.
A. D. 1400. [1 Fox's Acts and Monum. Gjl.]
The next ycerc after, 1100, followeil a par-
liament holdt'ii at Wtstminsti r : in which par-
li:uneht one William .Sautre, a uoo«l man and
a fuitlil'uil priest, inllumed with zeale of true
relii^ion, required hee niiiiht bee heard for
the roinniodity of the whole renhne. But the
matter Ik'.m^ •inielt before by the bisihops, liiey
obtained that llic matter should bie referred
to the ronuocntion ; where the ?aid Willi.im
Sauiic bcini: brought before the bi^iliops anrl
notiirics thereunto appointed, the cununcation
*va!N fiefi'irrd to the .*?«iturday next en&uing. —
^Vlicji S;iiui day was come, th.it is to say, the
l'"^el!th day of Febniaric, Tlionii'.s .\riindcll
jirchSish^p of Canturburie, in li»o presence of
liis cojinocll prouinciall, bei':!; :js>embled in the
»'«i'l Chupicr-House, ai;ain!ji one sir William
^!*utrc»,f,ihcrwi-,cc;ill'?d Chatris chnplaine, per-
»^iiuljy iiigjj m,j iijcic apjiearini; by the com-
mnndcmcnt of the foresaid archbishop of Can-
turbury, obiected ; that the said sir William
before the bishop of Norwich had once re*
nounced and abiured diuers and sundry Coih
elusions hereticnll and erroneous ; and that a^
tcr bucli abiurution nuvde, he pubUkely and
priuily held, tiuight, and preached the samt
concliKsions, or t^Ue such like, disas^reeing tm
tiie ciuiiolike faith, and to the great perill and
pernii'ious eikample of others. And after tliia
he caused such like conclusions hoLden and
preached, as is said, by the said sir WilliaA
without renunciation, then and there to be
read vnto the said archbishop, by master Bo-
bert Hall, chancellor vnto the saiil bishop, ia
a certaine scrole written, in tenor of woras ai
ft/lioweth:
'* Sir W illiam Chatris, otherwise called San-
trc, pariMi priest of the church saiut Scithe tkt
113]
V*A.
TRIALS, 2 IIenuy IV.
xitpn in Londcm, puliliUv nnd piiuily doili
boid iliesa Conclnsiuiia vnder written. — Iinpri-
nui, be iMiliy that lie nviil not wor»iii|} the cn>98c
oBwlMcii Chrut kudered, but oncly Christ that
Mfrred rpom the croiisc. 2. Itetn, that he
vovid liooncr worship u tcmporall k'ln^, ihnri
tie fi»res«iffl wooden crossc. 3. Item, timt lie
«nU riftrter worship the bridies of the s-f into,
te the rmry crosse olf Christ on wiiich he
if it were befure him. 4. Iicui, iliat he
ratlier worship a man truly cuntritc, than
Mse of Chri^. 5. J tern, ihut iie is
rather to >orship n roan that is prc-des-
than an angell of God. i>. Item, that
ifMjaiaa would visite the ninnunicnts of Pc-
IV Md Paul, orgoe on pilgrimage to the tonihe
flfwnt Thomas, or clhe any whither c-lso, fur
ifcaahfaining of any temponill benefit ; hee is
MthoMid to kcepc his vow, but hte niny ciis-
fenbatc the cxpenccs of his vow \ \iiin the almcs
tflhepoorc 7. Item, that cuery priest »n J
JMcnn is more bound to preach the word of
Gid, than to sav the CHUonicnll houres. 8.
that alter the pronuuncin;: of (he h:icr.i-
" words of the liodic of Cininr, ihe bread
th of the same nature that ii wns bc-
Dciiher doth it cense to 1>C' hrcnd.*' — To
Cooclmions or Articles he in;; thus rvinl,
4tt aichbish<ip of Caniurbury rcquirrd the
■at sir VViilinm to ansMcre. And (hen the
■id WiUiaoi asked a copie of such articivs or
mmcimaouBf and a competent space to unswere
ittD the saiae. Whereu|»on the said nrch-
Mop commanded a ropie of such articles or
lo bee deliucrcd then and t lie re
said sir William, asaignini; the Thurs-
aest ensuini; to him to (1< liberate nnd
so»mcre in. When Thursday the said
^J «l i^pcarance was come, lunstcr Nicolas
ILifcfAB. a;ji}itor of the causes uiirl l>usin(v»se
Wdoaikif 1.1 the said archl>i'>hop (then being
ia ae fiartiaincnt house at Wc^iniinotcr, uther-
•iie Jet, continued the said connoc.ition with
a« ■alters risinjT, depend ii'.tTt and a{)f>ortineiit
itefaanio. by commandemc-nt uf thn said hi-
aap, ratdi the next morrow at ci;;htof ihc
OQCkt. When ilie morn>w came, bein^ Fri-
^t ihe foresaid sir William .SHiitrc, in the
chapter Iiouac bofurc the said bishop and his
cscacdi prouinciall then nnd there ;iS£cinblcd,
ukirif bis personull appearnncr, i-xhihitcd a
■Rain scrolr, contain ms; the Ansncrrs vnto
articles or conclusions piucn vnto
as is aforesaid, by the s:ti(l binli'tp ; nnd
that vnto the foresaid arcliliish.ip he dtli-
the some as hi^ answcre in that Irhalfe,
th^ tea or uf such words as follow. <* 1
Sautre, priest vn wort by, say and an-
ihai I will not, nor iuiend not to wor-
^ihecnjflae whereon Christ was crucified,
Wc oarly Christ that suflfered vpon the cross^' ;
■ vademandingmcy iliat I will not worship
Aiaaieriail crotse or tlie f^ssecorporall nint-
^. yet notwithstanding I will worship the
u a sipte, token, and mrinoriall of tlir
uf Christ, adomtiont ricttria. And
1 will father wonliip a tcmjioniU king.
1 4(X).— h'illLim Siiuirfjor Heresy. [ 1 60
than the foresaid noDdrn c^^^!ic, and il:c nia-
J teriall substance of the !>ame. And lint I viiil
th.in the
lun^: with
j rat iiCT worship tiie bodies of f^aiiitv
\erv(ro^se of (Christ whereon he li
this tidd tion, that if the very same crossc ufie
I nfore inee HS tourhiiij; the inatcriall substanr«.
j And idto, that i vuil rather worship a man
i truely eonfestied and penitent, tliAn the crussc
I on uluch Christ hung as touching the inairriail
substance. — And that ul!i4) [am bound, and will
r.ithrr worship him wii'iin I know to he pre-
' destinaio. triicly confessed nnd contrite, th.in
• an angcll of ( lod : fur that the one is a iran of
I tiie«<ame nnlurr \^ith the liunianily of (.'llri^t^
i and so is not a lile^sed ungfll. >kOtwitii''tnnd-
ing I will worship h<»th of then>, accorHing ns
the will of (fod is I should. — Also, that if any
man luilh made a vow to tisii the shrinrs of tlie
apostles IVier nnd INiul, or to goe on pili^rim-
i a<;e vnto ?aiiit Thomas toiTihe, or any wi sit her
' else to ohtaine any temponill lienetit or r.om-
I inodific ; hcc is not Uiimd simplie to kref>e
I his vow upon the ncce^sitie of stilur.tion : but
hee may fLiuc the ex peaces <d' his \ow in silnics
amongst tnc poo re, hy the prudent c<»uii>ell of
■ i:is siipeiioiir, iiS 1 suppose. — And a ho I say,
that cueiv (iL-acoii and piiest is more bound to
^ preaeli tiie wnril id' God, than lo say the ca-
lio'.iicall houros,ntTording lothc priinitiuc order
: of t!ie riiiircl). — Also, tooching the interroga-
tion of the sacnuncnt of the alrur, I say, that,
afier the pronoiincin;ir of tlie sacrninentull
Mordsof the body of Christ, there ceaselh not
to be very bread j-imj.'ly, hnt remaines hrend,
holy, true, and the bread of life ; and 1 he*
leeue the said saerainent lo bee the very hofJv
m m
of Christ, nfctT the pronouncing of the sacra-
mental I words."
Wlton all lhe.'.e Answerer were llironthly I'V
ntabtL-r Kohorl Hall diri-eiiy ami pnhlil.e.'y tl.ne
re.id, tlu* foresiiid airhhi-hnp i»f ("aninrhury in-
quirted of the said .Mr Wiiiiam, whether \^s.f h:u\
ahinrerl the li)re»«;»ifl iieu'.-ii> and eri-ois olieried
against hini, as l-'efrnv is >-.:.!, Letore tiie hj>li^^)>
of Xiirwif h, or no? ; or Hm- li-.id reuo!:ed nnd
n>nouneeil the said or siir h like coiirlnsiiiiis or
articles, or not? To which he answereil and
aflinne.! that he had not. And then C)n^e-
quently (all oilier arlirUs, roiuhisionK. nnd isn-
swers alioue written iinmediatly omitted) tl.e
s'.iid «n'hl)iftln)]) examined the same sir Willi'ini
Sautre, <.-peri:dly vpon the saer.nnent of the
iiltar, — l-*ir»»r, wlielhcr in ihe sarr.nm.Mit of the
I altnr after tl t> prmrmurin;^ ot' tlM* s:)cran:eiit 'il
' word>, riMi;aii:rth \-erv inatt-riatl Lii'e<id, or nji.
' \'iito \\hirh intfrro<:ati.)n, theyaine ^i^ Willi •:»
' soniewh it ivanerii'ily >.iid, and mi-wered. th; t
h(.>(* knew iiiit 11:1. Nol\Mlhst;in.iin(!, hee
sAi.l, that tlu re u:iii \ery hiv:id, lle(.*cln^e :t
was the hiiMd <d' lite wliiih eame downe from
lle.uien. — After thnt the •iiiid aiclihi^hop de-
iiianded of him, whelii'. r in the Siienunent after
the sacrainentall wonts, riiihtiy pronounced of
iht! prie«»t, th'_* same brciul reuriineth, which
did hefore the wonU prononni el, or not. And
to litis r|ne>tion the t<»rf!-*iid William answered
in like inunuer lui bvfure, bityin*;, that there was
107]
STATE TRIALS, 2 Henry IV. l^O.^Proceedinga agatnH
lier
bread, holy, true, and the bread of life, &c. —
After tiiat, tlie tore^nid urchbishop asked
him, wlietlier llie suiiie Enareriall bread before
consecration, by the sacrantentall words of the
priest rif^htly pmnounced^ he transubstantiated
fmin tlie nature of bi-ead into the very boily of
Christ, or not? ^Vilcrc^nto sir William said,
that lie knew not wh:»t that matter meant.—
And then the said archbi&hi>i) assigned vnto the
said sir Wilhain time to delibcTate, and more
fullv to make his auswere till the next day ;
and continued this ronuocation then and there
till the morrow, which morrow, to wit, the 19
day of Fehruarie being come, the foresaid orcli-
bishon of ('anturbury, in the said Chapter-house
of Samt Paul in I.()ndim, before his couucell
prouinciall then ami there assembled, specially
asked and examined the same sir William Sau-
tre there personally present vpou the Sacra-
ment of tlic altar, as before. And the same sir
^Villiam a(>;aine, in like maner us before, an-
swered.— After this, amongst other things the
9aid bishop demanded of the siune WilUam, if
the same materiall bread being vpon the altar,
after the sacramentall wonls being of the priest
rightly pronounced, is transubstantiated into
the very bodie of Christ, or not ? And the said
•ir WiUiam said he vnderstood not what he
meant. — ^I'hen the said archbishop demanded,
^'hctlier that materiall bread being round and
ivhite, pnepari'd and disposed for the Sacrament
of the bodie of Christ v])on the altur, want-
ing nothing that is nuvte and requisite thero-
tinto, by the vertue of the sacramentall words
beitig of the priest rightly pronounced, l>ee al-
tered and changed into the very body of Christ,
and ceaseth any more to bee materiall and very
bread, or not ? Then the said sir William, de-
ridingly answering, said, he could not tell. —
Then consequently the >;nd archbishop demand-
ed, whether Ik; would st:md to the determina-
t'on of the Holy Churih or not, which ailinn-
eth,' that in the Sacr.unent of the altar, after
the words of consecration being rightly pro-
nounced of the piiest, the same brea<l, winch
before in nature was lireiid, eeuMth any more
to I e bread. To tlii> inierro>::itiiMi the yaid >ir
William said, tliat liee would stand to the de-
tenaination of the Church, wiiert? such deter-
mination was notcontniry to the will of (!iod. —
This done, he demanded of him againe, what
Us iudgemeiit was concerning the Sucranienl of
tie altar : W'lio said and atUrmed, that after
t2* words of consecration, by the priest didy
frxymnced, remained very breart, and the
bread which was before the wonls spoken.
tkii examination about the Saci anient
msvA 6\a> ckht of the clocke of tlw same day
^noL €eHB of the clocke, or tliercnilKiuts : in-
mmaex. ^iaa. during all Uiis time the Ibresiiid
'V'itm.-wudd no otherwise answere, neither
ike suae Sacrament receiue Ca-
I, acoonbng to the histitutinn
:h and ha Christum faith.
iCMUirburie, by the coun-
covent then mid
tHidiJuiesent^ce,
by the mouth of Robert Hall, against the same
sir WilUam Sautre (being personally present,
and refusing to reuoke Ids heresies, that is to
say, his true doctrine, but constantly defended
the same) viider the tenour of words as mU
loweth.
The Sentence againtt W, Sautre,
" In the name of God, Amen. Wee Tho-
mas by the grace of Ood archhiihop of Can-
turbury, primate of Rnglaud and legate of the
sea Rpostolicall, by the authoritie of God
almightic and blessed saint Peter and Pan},
and of holy church, and by our owne autho-
ritie sitting for tribunall or chief iudge, hauinft
God alone before our eyes, by tlie counsell and
consent of the whole clergie our fellow brethren,
and suffragans assistants vnto vs in this present
counccll prouinciall, by this our sentence defi-
nitiue do pronounce, deciee, and declare by
these presents thee William Sautre, otberwiit
called Chawtrey, parish priest pretensed, per-
sonally appearing before v.«, in and vpon the
crime' of heresie iudicially and lawfully goi^
uict, as an hcretike, and as an lieretike to
be pnni>hed.*' — Which Sentence derinitioe
being thus read, the foresaid archbiabop
of (^anturbury continued in the same pro-
uinciall counccll till W'ediiesday next and
iinmediatly ensuing, to wit, the 34 day of ibe
same moneth of Febniarie : which being ei»
pired, the bishop of Norwich, according to ihe
commandeinent of the said archhishnp of Can-
turburie, presented vnto the foresaid WiUiaoi
Sautre by a certain friend of his, lieing pretenc
at the same counccll, a certaine proceste in-
closed and sealed with his seale, gining di»
names of credible witnesses sealed with their
scales; the tenor whereof followeih in thit
wise :
<' Memorandum, that vpon the last day of
April, in the yeere of our Lord, 1399, in the 7
indiction, and 10 yeere of the pauacie of pope
lionifnce the 9, in a certaine cnamber within
the manor house of the said bishop of Norwich,
at South llelingham («\hc're the register of the
said bishop is kept) before tlie 9 houre, in tt
certain chapell within the said manor situate,'
and the first day of May then next and imme-
diatly ensuing, in the foresaid chamber sir W,
Cha>«tris piiri^h priest of the church ofS. Mar-
garet in the towne of LiniiC, appeared before
tlie bishop of Norwich, in the presence of Joha
dc Dtrhiigton, archdeacon otNurwich, doctor of
I he decrees, frier Walter Dis^^e, and John
Hikinghall, professors in diuinitie, William
Carlton, doctor of both Inwes, and WiUiaa
Friscby, \mI\\ Hugh Bridhnm, publike nota-
ries, and there pulihkely atlinned and held the
contlusionv, us before is specified. — AU and
singular ihe prenii-es the forcAaid William aP
firiiK'tii vpon mature d liberation. And after-
wards, to wit, the 19 day of May in the yeae,
indiction, and papacie afnresaid, in the cha»
Eell within the manour house of the said Hcarm
ishop of Norwich situate at South Helinghaik
tlie funnaid sir WiUiam reuoked and renouaoM
J«9] CTATE TRIALS, 2 Henry IV. liOO.— William Savirt, fw Hmty, [17(J
tU and singalar the furestid liis conclusions ;
ibmring and correct iug all such heresies and
erraurb. taking his oth vpon a booke before the
fensaid lienrie the hibhop ot* Norwich, that
film that time forward hee would neuer preach,
sfirme, nor hold, priuily nor apertly, the tore-
aid conclusions ; and that he would pronounce,
locording to tlie appointment of the said bishop,
tae turesaid conclusions to be erroneous and he-
nses in the parish churches of Linne, and TiU
■ef,and in other places at the assignement of the
■id bishop : and furtlier sware, that liee would
ttnd to the ordinance of tlie said biHliop touch-
iig the premisses, in the presence uf tlie dis-
creet and worshipfull men afore-recited with
4acn other moe. — As concerning the first con-
ebtion, that he said he would not worship the
aos^e, &c. hee confessed himselfe to haue er-
nd, and that tlie article was erroneous, and
■hmicted himselfe. And as touching the se-
coad article, that be said he would rather wor-
skip a king, &c. he confessed himselfe tu haue
fficd, and the article to be erroneous, and
■bmitced hiin»clfe, and sofortliof all the rest. —
Then next after this, vpoii the 25 day of May
■ the yeere of our Lord aforesaid, in tlie
charchyard of tlie chappell of saint James
within the towne of Linne, the foresaid Wil-
hnn, in presence of the foresaid bishop and
dogie, and the people of the said towne of
liaae standing round about, publikcly declared
ia the English tongue the foresaid conclusions
tu be erroneous and heresies, as was contained
ia a certaine scrole. After this, the 36 day of
May in ilie yeere abouesaid, in the church of
At bospitallof saint Jolms in the towne of
Liaar, the said sir William, before the said
Vakcip sittin*; as iudge, swore and tooke his
etk Tpfon the holy Euangelists, that hee would
■cur li'ter that liine preach openly and pub-
iic(f die foresaid conclusions, nor would hcare
He cooiessifjns of any of the subiecis of his
Amsftc of Nor^vich, without the speciall li-
eeocc \Ji ihe said bishop, &c. In the presence
«f ther John ^^mermeIl, M. John Hikinghall
doctor of diu in itie, W. Carlton doctor of both
lawes, and Thomas Bulton officer of the liberty
•f Ijnae aforesaid, with diucrs others/*
Tkt tenor of the Scrulc and Recantation.
" 1. 9, Impninis, touching the 6rst and se-
coad, where I said ilmt I tvuuld adore rather a
tenporall prince, and the liucly bodies of the
saints, than the wooddeo crosse whereupon the
iofd did ban];, I due reuuke and recant the
Mme as being therein deceiued. — 3. 'Vo this I
lay, tliac the article is false and ermncous, and
by fiilse iiifurmatiun I held it ; the which 1 re-
aounce and a»ke forgiueness thereof, and say,
tliac It is a precious rclique, and thtit I shall
hoM It while I liue, and that i sweare here.-^
4. I know well that I erred wronjrfully by faUe
■ifunantion : ftir 1 wot well, that a deacon or
a pne^t is more Iwund to say his mat tens and
mm than to preach ; for thereto he b boun-
4ita by right : wherefere I submit me, &c. — 5.
Tuttclung thai vticlei I know right well thut 1
erred by faUe information. Wherefore I askcr
forgiuenesse. — 6. As concerning vowes, I say
that opinion is false and erroneous, and by false
information I held it ; for a man is bolden to
hold his vow, &c. — 7. To the 7 article 1 say,
that I did it by authoritie of priesthood, where
through 1 knowledge well that I haue guilt
and trespassed : wherefore I submit roe to God
and to holy church, and to you father, swearing
that I shall neuer hold it more. — 8. To the
8, I say, that 1 held it by false and wrong
information. But now I know well that it is
heresie, and that bread, anon as the word of
the sacrament is said, is no longer bread mate-
riall, but that it is turned into very Christs
bodie ; and that I sv%earc here. 9. I say,
that this is false and erroneous, &c. 10. I saj
as I said, bcc,^'
This being done, the Q2 of February afore-
said iu the yeere of our Lord 1400 in the
Chapter-house of Saint Paul in London afore-
said ; the foresaid archbishop of Canturbiiry,
iu the conuocation of his prelates and clergie
and such Hke men there being present, cauMd
the forerecited processc of the bishop of Nor-
wich to bee read opeul^ and publikely to sir
William Sautre, otherwise called Chauiris.
And afterward he asked the said sir William,
whether he plainely viiderstood and knew such
processe and the contents within the same ;
and he said. Yea. And further he demanded
of him, if hee would or could say or obiect any
thing against the processe ; and he said. No.
And after that incontinent, the foresaid arch-
bishop of Canturburie demanded and obiect ed
against the said sir William, as diucrs others
more did ; that afler lice had liefore the bishop
of Norwich reuoked and abiured iudicially
diuers errors and heresies, among other errors
and heresies by him taught, holden and preach-
ed, he aHirmt>d ; that in the same Sacrament
of the altar after the consecration made by ttie
priest, as he taught, there remained materiall
bread : i%hich heresie amongst others as errors
also hee abiured before the foresaid bishop of
Norwich. Hereunto the foresaid William
answered smiling or in mocking wise, saying,
and denying that hee knew of the premibcs.
Notwithstaiidinii; hee publikely affirmed, that
he held and taught the foresaid things after
the date of the said processc made by the said
bishop of Norwich, and that in the same coun-
cell also hee held the same. Then finally it
was demanded of the said sir William, why he
ought not to l>ee pronounced as a niun fallen
into heresie, and why they should not further
pruccede vnto hi:* degradation according to
the canonicall sanctions : whereunto he an-
swered nothing, neither could he ullcdue any
cause to the contrary. — Whereupon the fore-
said archbishop of Canturbury by the comisell
and consent of the whole councell, and espe*
cially by the counsell and assent of the reue-
rend fathers and bishops, as also priors, dcaiics,
archdeacons, and other worshipfull doctors and
clerkes then and there present in the councell,
fully determined to proceed to the dcgrada*
171]
STATE TRIALS, 2 Henry IV. lAOO.—lVoeeedifis* agaitui
tion, and actiiall deposing of the said William
Sautrc, ns rcf'nilcn into heresie and uj incur-
rii^ibio, according to the Sentence deJiniliue put
in wriiiig, the tenor whereof* is in words as
fi;lloivcih. ** In the name of God, amen.
VvV Thomas hy the grace of God archhishop
of (.'aiiturl'Urv, legale of the Sea apostolicall,
and Mcuopolltune of ail liliigland, doe find
and declare that tboi^ William Sautre, other-
wiiie called Chautris priest, hy vs with the
couiscil and assent of all and singular our
fciiow Iirethren and whole dermic, by this our
M-iitiriu'C detinitiuc declared in writing, hu&t
licene for heresie conuict and condemned, and
arc (being ngaine fallen into heresie) to he de-
]ioscd and denradcl hy these presents."— And
from that day b(*in«; Wednesday tlierc was in
the ^:iid counccll prouinciall nothing further
prosecuted, hut was continued with all depen-
dents till the Friday next ensuing. Which Friday
approching, master Nicholas Ki^hton, by the
commandement of the said archbishop of Can-
turbiiry, being then busied, as he said, in the
parhament hou»c, continued tiiis counccll and
conuocation with all incidents, dependents,
aad occasions, growing and annexed there-
unto, to the next day, to wit, Saturday next and
inunediately ailer ensuing. \'pnn Saturday,
being the Qdiii of the said month of Februarie^
the foresaid arclibiUiop of Cantnrbury snie in
the bishops seat of the foresaid church of St.
Paul in London, and solemnly apparelled in
his pontificall attire, sitting with him as hist
assisianis these reuerend fathers and bishops,
of London, Lincolne, Hereford, Exeter, Me-
ueuensis 4* RoffhuU Episcopi, aboue mentioned,
coi^imandcd and cause<i the siiid sir William
Sautre, apparelled in priestly vestments, to bee
brought and appeare before liini. That done,
lie declared and expounded in Kngli^h to all
the cleii;y and people there in a great multi-
tude assembled ; tbnt all processe was finished
and ended o gainst the said sir William Sautre.
Which thing tiiiished, before the pri>noinu'ing
of the snid sentence of t lie relapse against the
said sir William, as is premised, he often tlieu
and there recited and lead. And for that hee
saw the said William in that belialfs nothing
abashed ; hee proceeded to his degradation
and nctuall (K'position in forme as followc th.
" In nomine l'atti$y Sf Filij 4" Spirit us Sancti.
Wq Tliom:is by (iocis permission archbishop of
C'anturbury, primate of all England, and Ju-
gate of the apostolike se:*, doe denounce thee
William S.Kiire, otherwise called Chautri<», i
chaplaine fained, in the habite and npparcll of,
a priest, as an hcretikc, and one rcfullen into ,
heresie, by this our sentence dchnitiue, by
ronnsell, assent, and authoritic to be con- 1
demncd ; and by conclusion of all our fellow [
brethren, feilr)w lusliops, |irelates, rouncell '
prouinciall, and of the whole cltrgy, doe dc- '
grade and depriuc tin e of thy priestly order. |
And in si<;iie of degradation and »i*iuall depo-
ijtiun from thy priestly dignilie, for thine incor-
rigibilitie nnci want of amendment, we take
from lh«e the patent and chalice, and due de-
[172
priue thee of all power and authority of cele-
brating the masse, aod also wee pull from th^
l>acke the casule, and take from thee the vesti-
ment, and depriue thee of all manner of priestly
honor. — Also we Thomas tlie aioresaid arch-
bishop by autboritie, coimsell, and assent,
which vpon the foresaid Wilhaui we luiuc'
being deacon pretcnsed, in the habit and ap-
parel! of a deacon, hauing the new Testament
m thy hands, being an herctike, and twice fal-
len, condemned hy sentenr^ as is aforcsdiil,
doe degrade and put thee from the order of a
deacon. And in token of thisthv Qe:;rMd8tion
and actuall deposition we take from ihcc the
l^>ookc of the new Testiunent, and the stole, and
doe depriue thee of all authoritie in reading of
the gospell, und of all and all manner of digni-
tie of a deacon. — Item, we TJiomas archbishop
aforesaid, by authoritic, counscll, and assent,
which ouer thee the foresaid Wi^ham we haue,
being a subdeacon pretenscd, in the habit und
vestimcnt of a subdeacon, an lierctike, and
twice fallen, condemned by sentence, as is
aforesaid, doe degrade and put thee from the
order of a subdeacon ; and, m token of this thy
degradation and nctuall deposition, wee take
from tlut' tlie albe and maniple, and do de-
priue th€*e of all and all manner of suhdiuconicuil
dignity. — Also, we Tliomas archbishop afore-
said, by counsell, assent and authoriiie which
wee haue ouer thee tlic foresaid William, an
acolyte pre(ensed, wearing the habite of an
acolyte, and heretike, twice fallen, by our sen-
tence, as is aforesaid, condenmcd, doe degrada
mid put from the<' all order of an acolyte ; and
ia ftigne and token of this thy degradation, and
actuall deposition, we take Irom thee the can-
dlestick and taper, and also vrceolum, and
doe depriv«> thee of all and all manner dignitia
of an acolyte. — Als<i we Thoinas arctibishop
aforesaid, by assent, counsell, and authoritie,
which vpun iIich.' the foresaid William wea
haue, an exorcist pretenscd, in the habite of
an exorcist or holy water clerk e, being an herif-
tike, twice fallen, and by our sentence as is
aforesai<l, condemned, doe degrade und de^
|M)se thee fmui tlie order of an exorcist; and,
in token of this thy de«jrra<lation and actuuU
deposition, we take from thc^c the bookcofcon-
iurations, and doe depriue thee of uU and sin-
gular dii^nitie of an exoici!«t. — Al»o, we Thomas
archbisliop aforesaid, by assent, counsell, and
authoritie, as is alxmesaid, do degrade and de«
lN>se thee the forfsaid Williuni, render prfftrn-
se<l, cloth'.'d in the habite of a reader, an here*
tik, twice fallen, and by our sentence, as it
nfi>res!iifl, condemne<l, from tlie order of m
render ; and, in token of this thy de^iradation
and actnall de|K>siti(m, we take from thee tiie
bookeof the dmine lections (tliat is, the booke
of ihc! church legend) and doe depriue ihee of
all and singular niaiiner of dignity of such m
reader. — Item, \^e Thomas archbishop of
Cauturburiir aforesaid, by authoritie, counsel!,
and iif'Sent, the w hich we haue, as is aforrsaidp
doedegnule, and put thee llic foresaid Williant
Sautre, sextuu pretenscd, in the habite of m
173] STATE TRIALS, 2 HBMiir IV. liOO.^Willkm Sautre.for Utrfty. [174
•Bitoa, and weariii); a surplice, being an here*
tike, twice liilleD, by uur fteiiteuce definitiue
condtfuuied, us albrebuid, from tli« order ot* a
MUon : and, in token oi this ihy degradotiou
and actunll deposition, for the causes albrewiid,
«ee take froin thee the keyes of the church
doora^ and thy surplice, and do depriue thee of
•il and aingulur uiuuner ot* commodities of a
toce keeper. — And also, by the uuthoritie of
Maipoienc God the father, the tonne, and holy
\JAoA, uiid by our uutlioritic, counsel I, and as-
jrfA of our whole councell prouinciull abuue
vhitMiy we doe degrade thee, and depose thee,
haa^ here pcisonally preM-nt, before vs, from
•ritrs, benefices, priuiledgets nnd h:ibite in tlic
cisorch ; and for thy pertitincie incorrigible wcc
dje degnide tliee before the seculur court of
ikc high cK>nstable and mar»hull of KiigUtnd,
being penKHi;Uly present ; and doc depose rlii>e
ft'3« ail and >inguiar clcrkely honors and dig-
uucs whiitsoeuer bv these \vn tings. ^M«o, in
ickeo of thy de^nifbtion and depo^idon, here
•anally wctr huui: cmsed thy crown c nnd ec-
dcsiastjcnll tun^arc in our presence to he rased
■vay, and iitirriy to be ubolisHed, like vnto the
&*nBe (d* a secular lav muii ; and here \%c due
fuicpuD thu head ortheetlie forc^said William
ibc cap of a lay stcuhir }ierbon ; bcMieching
tbe court afore>aid, that they wiil recciue
iaoourably the suid William vnto them tliub re-
Diaraiitted." — ^I'hus William Sautre the seruant
si'Chrbt, bein:; vtieily thnut out of the [Njpes
kingdome, and meiamorphused from a clerkc
Is a ircular lay man, was committed (as ye
kMH: heard) vitto the secular power. Which
m done, the bishops, yet not here^i'ith content-
r^iccaie not to cull upon the king, to cause
Vtttwbe brought forth to spcedie execution.
n the kin^:, re'.idic ommgh uiid too
fCraritie the cleniy, and to retnine tlieir
dirertetli out a lerrihie decree against
uii William Sunt re, and sent it to the
v ami blieriffes oI'Lomloii lo be put in cxc-
; the tenor wliercof litre vnder ensucth.
2^ Decree of the King agairut William
Sautre,
"The Decree of our soneraigne lord the King
sad his councell in tlie parlininent, aji^ainst u
ctftame new s prune vp hcretike. To the lua-
wt aad sheriffes of l^ndon, Uc Whcreos the
Nwreiid latlier Thomas archhi^hop of C:in-
fkiay, primate of oil England, and Icgat of
Meapustolike sea, by tlie assent, couiicnc, and
ewHcll of otiier bishops, and his hriMhrcn suf-
h|Ba«, and idso of all the whtilt* clc'rp,ie within
hftpruuince or dioces, gathered tocciher in his
Caindall cooncell, tlie due ordrr of the law
cffotserued in nil points in this liciiulfc, liiith
pa&nam.erl and declared, by his definitiue Hen-
toce, William Sautre snmethne cliaplaine fal-
ka againe into Lis most damnable henpsic, the
*kirh belbrecime tlie said Wilhum had abiurcd,
ikveupoii to b<*e a uiist manifest heretike, and
ttwetfure hath decreed that he sliould bee dc-
padtd, and hath f<*r the same cause rcuUy ile-
^•d bim from all prerogatiue and priuiledge
of tlie clergie, decreeing to leaoe him vnto th«
secular power; and hath really so left him, ao-
cording to the lawes and canonicall sanctions
set forth in this behulfe, and also tliat our holy
mother the church liath no further to due in the
premises ; we therefore being zealous in reli-
gion, and reuerent louers of the catiiolike faith^
willing and minding to maintaine and defend
the holy churcli, and the lawes and liberties of
the same, to roole all such errors and lieresies
out of our kingdome of England, and with con-
digne punislimcnt to correct and ptmish all
heretikes or such as he conuict ; prouidcd h1-
wayes that both accordini^ to the law of God
and man, and the canonicall insritutions in this
hehiilfc accu&tunic'J, such heretikes conuict and
condeiiincd in i'orMieaforcsriid on;rht to be burned
with tire : We coiiinuuid yuu as biraitiv ns we
may, or Ciin, tirnii-ly cni'jyning you that you
doe cause the said Willi iini, being in your
C'jstodie, in some puhlike or open place within
the liberties of your citic nforesiiid (the cause
aforesaid being puf«li«hcd vnto tlic people) to
be put into tho liris and tlit-ri? in the same fire
really to bee burned* to the great iioiror of his
oiTenco, and the manifest e\:unple of other
christians. Failc not in the execution hereof^
vpon the periil that uii! r.iil thcnujion: Teste
rege, apml Westm. 26 Tehr. an. rij;ni. sui. ado."
"Note, This writ De Il^reiicoComburcndo, for
burning Sawtrc &ecms to he a special act of
parliament made for that purpose, l^ing tested
per Regcm el concilium in parlimmento^ which
18 to be intended of an act of parliament, see
8 Coke's Rep. 19, a. Prince's case, 1 Hale'i
P. C. 396. 70Q.— The two first statutes re-
latini; to iieresy arc those hcie mentioned hy
Fox 5 It. 3. ('. 5, enacting that sherifls and
otlicr civil uliicers should apprehend and im-
prison persons suspected rif heresy in order to
their heins; tried by Holy Church, and 2 Henry
4. cap. 15. iinpowcring e%'ery diocesan to im-
prison persons suspected of heresy in their
respective dioceses, and try them (so that such
diocesan proceeded judicially and openly against
such persons), and where any person whs con-
victed, he miiiht be iinprisoncd at tlie discretion
■ of the ordinary ; or, if tlie party refused to ab-
jure his crnjr:^, or having abjured them, re-
lapsed, he was to be left to the secular arm ; and
the bherifr(tvhom the ordinary might call to be
present at the trial) was to cause the party to
be burnt in some hii;!) (or open) place.
'Jlic lord chiet justice Brook (in his Abridg-
ment, tit. llerc^y) says, that upon this statute
it was resolved, That if a person was convicted
of heresy in the presence of the shcritV, the
j ordinary might commit him to tho same sheriflT,
I and he was to cause him to he burnt without
■ the writ f/f Hartlico comburendo ; but if the
I sherifl' wa^ absent, or if the heretic was to he
; burnt in another county, in cither of thc»e
c:ises the writ </t' Ilaretico comhurendo mu«.t be
I first obtained helore tlic sherilT could burn
I him,
I Some autliors have wondered why the writ, de
1
175] STATE TRIALS, 8 Henry IV. UOT.— Trial and Mxammaiumqf [l7tf
By the Ist of Elizabeth cap. 1. ihe abovesaid
st;itute8, as wrell as that other statute uf the
first and second of Philip and Mary, cap. G.
against hcreticks^are repealed.
And by the 99th of Ckarles 5S. cap. 9. passed
in contemplation of the duke of York's succes-
sion to the crown, the writ de Hdcretico combv'
rendo, with all proceedings thereon, and all
capital punishments in pursuance of any ecclesi*
astical censures, are from thenceforth utterly
abolished.
So that at this day a person convicted of be*
resy is liable only to excommunication, and
such pains and diMibilities as persons standing
excommunicated for any other offence, (which
however are not very light) for if the excommo-
nicate person be not reconciled to Uoly Church
within forty days, he is liable to be taken by the
civil powers under the writ de excommunicato
capiendo, and to be imprisoned until he be so
reconciled. See Comyn's Digest, tit. Excomen-
gement. For further learning concerning He-
resy, see Britton, 1. I.e. 17. Fitzh. Nat Brev.
594, 595, 1 Hale's V. C. 392, 394, 396, 709.
Whidock's speech in H. of Com. on Naylor^i
case, December 1G, 1656, Cobbett'sFarl. Hisr.
and Burn's Ecclesiastical law. Rapin'» state of
the church from 1^72 to 1399, in ibe first vol.
of his History, should be read.
Herttico comhurtndo was issued for the burning
of Suwtre, when by the last-mentioned act the
sheritf was empowered to execute persons con-
victed of heresy, without that writ; But the
wundor ceases, it' wc consider that tlic sheritT
■could not proceed to execute the offender by
his own authority, unless he was present nt the
conviction; and though the diocesan might call
ihe sherilf to attend tlie trial, yet he might too
convict the offender in his absence. And fur-
ther, Sawtrc was convicted by the convoca-
tion ; and it may be difficult to give one instance
where the convocation called the sheriff to
assist at the trial of an heretic ; and, if they
bad, such a conviction was not within the letter
of the act : Therefore, upon this conviction,
tlie sheriff was under a necessity of waiting for
the writ dc H^retico comhurendo, before he
4iould execute him.
By the I2d of Henry 5. cap. 7. all civil offi-
cers were to be sworn to assist the ordinaries
in extirpating heresies ; and one convict of
heresy was to forfeit his goods and chattels, and
fee-simple lands.
By the 25th of Henry 8. cap. 14. the act of
the 2d of Henry 4. is in part repealed ; and it
is thereby provided. That no person shall be
executed us an heretic without the writ de Ua-
retico comburendo first obtained.
18. The Trial and Examination of Master William TnoRPEy
Preste, for Heresye, before Thomas Arundel, Archebishop
of Canterbuiy: 8 lien. IV. a. d. 1407. Written by Himselt.
[1 Fox's Acts and Monum. 689. Coll. Eccl. Hist. 625.]
KXOWEN be yt to all men that rede or
heare thys Writin;: l)cnethe. That on the Son-
daye next after the Feste of Seynt Peter, that
we call I^nimesso, in tlic ycare of our Lord a
M.CCCC and vii. yeare, I William Thorpe,
beine in prcbon in the castell of Saltwoode, was
brought before Thomas ArundcU archehyshope
of Cauterburv, and Chaunct'llur than of Ing-
land : And whon that I came lo hym, he st04»de
in a ^reat chamScr, and inocli people aUiute
hvni ; aiui when tliat he lawt- mo, he went thstc
into a tlt)>'elt, by (hi in;: all s culer men that
fblowed him to go I'ortli tVoin hym suiie; so that
no man v,as left tli.iti in that closet hut the
archel»ysi,.,j) hym*«e!te, and a ^ihy^ician that w;is
callyd .Maiueren, person of Seynt Dunstanys in
London, aiul other two personvs, iinknowcn to
me, whvch ware minvstervs o{ the laue. And
I standvni: before them, hv-a:ul-i»v the archis
bvshop boyd to me, * Williuin, I know well that
tfiat thou ha>t tliys twenty wyiiter and more
tniuelvd about besylv in the North cuntre, and
in other diverst* contrts ot In;:land. sowyin^
about false doctrine, hauyiivj ^reat husyuesse
yf thou mvt:ht wvth thvne uutrew teachvnj:, and
shrcwyd will fur to infecre anil poys'on ail this
lande : but ilinuiiih tiie grace ot God thou art
now \%vih«tonded and brought in to mv wardc.
*o that I ihall uow s«(]uc»ler the Irom thyue euill
purpose, and Ictt the to enucnyme the sliepe of
my provynce. Never the lesse Seynt Fanl
seythe, Yf it may be as ferre a^ in us is, we owe
to have pence wyth all men: therefore Wil/iam,
yi thou wyll uow mekeiy, and of good hartc,
without onyc fcynyn^, knele dowue mad leye
thy hande upon a bookc and kys^e yt, prouiys-
yinu feythfully, as i shall here charge the, tliat
thuu w'lli submyt the to my correccyon, and
atandc to myne ordinanro, and ful^'yll yt dewly
by all thy connynr; and power, (hiou shall yet
fvnde n;e cracyouso unto the.' llien aeydito
tlie Archbidhop, Syr, syns ye demc me an He*
reCyke out of belcue, wyll ye gyue me liere au-
dience to tell my Beleue; and he t»eyd,yetell on.
And 1 >evd, I beleue that there is not but one
God Aimy^hty,and in ihys Godliede, and of tbys
Godliede ur thre Persones; that is, the Fader^
the SoiUie, and the sothe faste Holy Goste : And
I beleue that all tlies ilire persones ar euen in
|Hmcr, and in connyni;, and in my{*ht, full of grace
and of all goodne^se; for whatM>cver thai the
Father dotlie, or c:m, or wyll, tliat thyng also
the Sonne dothe, and can, anduyll; andinall
tiieir power, connync and wyll, the Holy Goste
is cipiall to the Father and to the Sonne. Oaer
thy*> I beleue, tliut through counsel 1 of thyt
moste bless vd Trinitie, in u mosie conuenieut
tyroe before ordcnyd for the saivacyou of man
177] STATE TRIALS, 8 Henry TV. 1101,— Master William Thorpejor Heresy, [178
LvmW, the seconde pcerson uf tlijs Triiiitc was , wilh most sharp thornes, and to strike liim with
ordevnil to tiike tlie tcjiiniie ufiinui, that is thi* n rede: and after Chiibte sullcrcd wicked
Lvriile ufiuan. And I belciie tliat thys sci'diide , Jcwes lo draw him out upon the crossc, and fur
prrMn, our Lfirde Jesu Chri^te, was couccinvd ' to nayle hyin there upon fote and hande; and
tk rough the liuly Gos^te into the wonibc of the ' »o, thorow this pitietuU naylin»e, Christe shed
■int Ue^sjd vii]pyn Murye, i\ytiioiit mauys out wilfully fur man's lylV* the bloude that was
9cHe : And I beleue that after iivne month vb in his vayncs : and then Cliriste gave wilfully
t'hn^ie \«HsJbornuof thysuioste hle^syd vcp^yu, hiaspiriie in to the handcs or power of hi<» Tn-
vithuut «»iie peyne, or brckvng of th(:c'lll^te^of ther, and so as he v^ohle, and uhen he wold,
brwumbe, and wythout fvltheo flier \ infinite: C'hri«>t deid wilfully for man's sake upon the
Alii bc'leue that Christe our Sauyonr wuM.'ir- I crosve. And notuiihstandin^e that Chri>te
CiS'.-isyd in the eyglue daye after hys byiihe in was wilfully, paynfully, and most shamefully
fiiahiUnf; of ibelawe, and hy!« name was caliyd put to dceth as to tiic worlde, there was leic
.'c:a, wliirh was callyd of the Angcll before that > blonde and water in his herte, as he before
fee ira« cuiiceiuyd iu the uonibe of Marie hys | ordcncd, that he wulde shede cut tlii» bloudo
Buder: And I beleue that Christe, as he was I and this water for man's saluacion : and ilicTe-
at-mt thyrty ycrarc old, was bapt}7.ed in the I fore he suflftr^'d the Jewes to make a blinde
fludde of Jurdane of John Baptiat ; and, in lyke- ! knight to thrust him in to the herte wiih a
m>a of a duvCy tlie Holy Goste desccndyd tjierc , i>pere, and this the hlou'ic and water that was
kp-^o hyin, and a %-oyce wa*i herde from Heucn, ! in his herte Christe wolde shedeout for man's
M^uig, * Thou art my welbeluiiyd ^ionne, in love. And after lhi!> I hclcue ttiat Christe was
tbib 1 am full pJeasyd.' And I beleue that taken downc fi-Din the crosse, and buried ; and
CKriitL- was moeuyd than by the Holy Go>tc for > I beleue tiuit on the third daye, by power of
fetso into Dc-aert, and there he fa^tyd funrtv his Godhicd, Christ ri>»c agam from detli to
— "I ■ ■ m *l'i* ll 111 > fl" Wit ■
dftje» and fourty nyghtes without hodely meate
aD4 drynk : And 1 beleue that by and by, after
hji fastvug, when tlie mnnhode of Chri.o'tc hon-
lEfrid, the Fccnde cime to hym and temptyd
h\m in elotony, in veyn glory, and in couetyse;
Uit lu Sill tluitft temptacyous Christe cuncludyd
the Fende, uud withst<Jode hym ; and than
ftfcliuut taiiynf;, Jesu bct^an to preurhc an<l to
lifL' ; and the \lth dny thcr after, 1 beleue that
Christe ascenvlcil up into Heven, and that he
there Mttcth on the right hande of God the Fa-
ther Almy^hty ; and the tenth daye after
this up gom}^e, he sente to his apo»ilcs the
Holy Goo^t that he had promysed them be-
fore; and I bclenc that Christe shall come and
judge all mankinde^ s:)me to euerljstin(;r peace.
KvcuDto the people, ' Doe ye pcnaunce, for { and some to encrlastin;;e payues. And as I
lande.* And 1 beleue in the Father and in the Sonne, that
cLe rclme of He\eii ^s now at h
faeleue that Ctirisc, ni all hys tynut here, lyued
Bicye ki)I\lv. and taught the wyll of hys Fader
c>ctte trtfwjy; and I beleue that he sniTcryd
they arc one (iod ahnyti^ltty ; so I beleue in the
Holy (woosr, that is also with them the snnie
(rod ahny^hiy. And 1 hcleue an holy Chiiche,
turcfjre mostc wnm^fully gre:uy>t rcprcuys that is, all the! tlia: l.aue hyn, and that now arc,
'•^dnpv^yn^es. And at'ier thya whan Christe and alwayrs to ihc citd of ti.e worldc shal he a
v^ilipailke ail cnde here of hys tempondl lyfe, people, the i%hich sliali cnilcjer them to knowe
I beioK that iu the dave next before that he and to kcpc the commtundcrMcnts of (iod,
vaIc sutler pusbyon in tlicmorne, in funrnu-of ■ dredinge o\er all th\n>:e to otfendc (rod, and
*«^ind ofwvnehe onlenyd the SacrauM'Mte lovyinne and hekyn«:r mo-jt lo pU-nse hym.
«ftjifi«:»h and his blotjd, that ys, hys ownc* ■ And I beleue that all they that haue had, and
precToa, body, and pve it to hys Apostles, for ' }yt haue, and all they tint yet shall banc the
toeate, i;oraiiiauudymg them, and by thent all ' foresaydc vertuous suitly stanilying in the he-
tiieirafter-coafierp, tUattiieysholdcdooitin thvs | lefe of God, hopying steilfastly iii hysnicn .in'.l
fetfrme that lie shewyd to them, use them self, ' doynges, r 'miinuynj;c to ihcir endo in pcitlct
iud beache and cum mone forthc to other men I chariiie, wilfully, pncicntly, and );!adly Mifer-
lad woomen thys roobte wor^hypful holiest Sa- I ytit;e persecutions, by the example of Chiist
crainent,iamyndefulnesseofhysholyestlyuyni;, I ehicHy ami h--* ap»)sihs all these banc their
ibd of hvi ni'oste trew tcachyng, and of* hys ' names wry ttrn in the boku of lif«' : therefore L
•ilftill and psicient sufleryng of the mostc peyn- belene that the jiadcryiiL'e to::cthcr of this peo-
MPaMiurv: and I beleue that thus Chrisie our pie, lyiiynge now here in ih:- iyie, ys the liolye
i^juv'jur, after that be had ordenid thys most ; chyrchc of CmmI, fey^^htynge hue on ciiU
voorthy Sacrament of hys ownc preciouae a^^iaynii theFiiuU,ihepro>peryieof the worlde,
bodf, be weiil furthe wyllfuUy agenst hys enc- i and their tltshely hisles. XVIieriore styng that
a«es,and he sulTeryd them most paciuitly to | pH the gaderitii; togeihcr of ihi«. Chuirh bttore
Itjtbeir ha ndys mostc violently uppon hym, said, ai'd cucry parte thcmf, n«»lher Cf)n(^trih,
awl to byndc bym, and to leade hym forthe as ' nor willoth, nor lo\eili, iior sikcth any thiniio
iitLefe, and to skorne hym, and bufler, and all j hut to «>• hew ilu- oiTcnrc of Goil, and to do his
t^ blow or fyle him with their spitiinges. (3\er . plea»m>; will ; mekely, i;ladly, and wilfully of
tin I beleue thai Christe sulfered most mekely I all myne htr'.e 1 suhniilt u>y selfe unto ihvs
ud paciently his enemies for to dinge out with [ holye church •jrClirisie, to he e\er buxom and
iharpe Hrourfrcs the bloade that was bcrwene obedient to the ordinaunce of it, and ot euery
1m sky :i and hit flesh: vee without grudginge I member thrrcvit', after my knowledp? and
Cbrtste suiTcred ihc cnielljewet to crown lum - power by the hilpc of God. Thtitforc I
*fiL. I.
1 :.*] STATE TRIALS, S Henry IV. I K;7.— T/ia/ and Exiwunation of [180
kiiDwK^c now and eiicrmorc sh.ill, if God will, l are lioiin<}cn to swcre or to obey in ony wise
that ot;ill foy liarto, and of all my niit;hi, I will ■ after Gods lawc, mid sayntes und trowc doc-
iiibinyt me only to the rule and goucraaunce lourcs arcordini; with Gods lawe : I will
of thi'iii whonie after my Unowlcge, I n»ny per- ' thorow Gods grace be ever rcdy thereto with
ccavf, by the havynge and uijvnge of the be- ' all my conning; and power. But 1 pray you
foresayii \erincs, to be membrcs of the holy ' syr, fur the charity of God, that ye will before
chnrche. Wherforc ihc-sc Articles of Hclcfc, ' 1 swirc as I have here rehersed to you, tell me
and all other bothe of the olde lawe and of the | how or whereto that 1 shall submytt mc ; and
ncwc, which ailcr the f!ninmaiindement of C>od ! shcwc me whereof that ye will correct me, and
any man oui;htc to Ik K'uc, I belcue vcrcly j what is the ordinaunce that ye will thus oblige
in my boule, as «:ynnefull (iccdiy vvrctche, of my mc to fulfyll.* And the Arcliebiahop soid unto
iMinnynge and power oiighte to bclcne, pray- me, *I will short ely that nowe thouswere here
cntrc the Lordc (iod, fur his holye name, for to , tf) mc that thou .shalt forsiike all the opinions
cncrcasc my bclcfe, and help my unbelct'e. ! which the .Sectc of Lollards bolde,aiid is bUun-
And lorbycaiise to the prjiysvnuv-of (.iodde-« dred iviih: so that afrer this tyme iiotbcr pry-
name, [ dcsyre above all thyn>;c to be a fayili- ncly nor apertly thou holde any opinion which
full mcmbrc of lf>jly (hurclie, I makethis J ^ifiail after that thou httste swonie rcherse to
IVotestacyoii before you all foure tiiatare now | the hero. Nor thou shalt fiiuer no man nor
here presc-utc, co\ctynt;e that all men and wo- , woinan, younj; nor old, that holdeth any of thrs
men that now abscnte knrwc the same, that ! foreseid opinions: but alter thi knowledge and
what thynctf ^o«'vcr before thi-; tyme 1 have : power thou shalt enforse the to withstand all
5ay(U' or (hnie, or m hat ihynge here I shall doo \ soche dissti-oblcrs of Uolye Chyrchc in euetj
or .^aye at any tyme here after ; 1 beleue that | diocese that thou comcst in : and tbem that
all the ohie lawe and the newe lawe, gcuen and will not leaue their false and dampnable opi-
nrd( ucd by ilie councell of thc^c ihrc personeb
of thcTrynite, were ^euen and wrytten to (he
saluacyon of mankyiide : And J beleue that
these luues are sutiicicnl for man's saluacyon :
And I hcleue everv ariide of these lawes, to
the entente that thcrc articles were ordened and
commaundcd of tliLse tlire pcrsoncs of the
moslc blessed Trynyte to be lielcued. Ami
therforo to the ri:le and the ordynauncc of
the^e Goddes lawe-j, mekclv, Kh'.dly, and wil-
fully I submytte me with all inyne harte, that
who ever can or wvll by anctorvte of Cioddes
lawe, or by open rea«-on, t( 11 me that 1 haue
nions, thou shalt put them up, publeshyng theiii
and their names, and make them knowen to
tlie bishop of the diocese that they are in, or to
the bisbopes miuistrts. And ouer this I will
tluit thou preach no ntore unto the tyme that I
ku'ju by {rood witnesse and trewe, chut cby
^onlIcr^acion be sorb that thy hart and tbr
mouth arronle treuly in one contriiriyng ofl
the h'ude le:irn)iing that thou Imst taught Dcrt
before.*
And I hcaryinv thes worde<i, thought in m?
hartOy that thic was an vinet'ull asking; audi
di-myeil myself cursed of God, yf I ctmsentcd
erred, or now erre or any tyme here after shall ! hereto, and I thon^iht howe Susan seid, < An-
erre in any Article of Hckfe (li"» uhychc incon- i iinys^-rh is to me on euery syde.* And in that
venience (rod k(rpe me tor hi^ goodne!>de) 1 ■ i ^tmie still, and >])ake not, the ahp. seid to
submytte me to be rcconc>led, ond to be me, <Ansuere one wyise or a nother;* and I
buxom and obcdyente unto ihcsc lawes of God, ' >eid, * Syr, if 1 consented to you thus, as yc
and to every article of them. For by aucio I hsiue hen? rel.ersed to nu>, I should become an
file, specyally of these lawe.*, I will, thnrowe tiie I Appealer, or eiicry bi>lnipis e^pye, somoiiourof
^race of God, be vnyed charytably unto these ■ all Enjllonde. F(>r, and 1 sholde thus put up,
laucs. Yee, »yr, a:id ouer thys I beleue and ' and publeshe tlu^ names of men and women,
alniytte all the Sentcnccii, Auctoriie^, and - I ^holde herein deceiiie full many iHTStms ; ye
i(.easons of the Sayncl'.s and Doctoure?, ac- ! syr, as it is likely b\ lliedomeof my conscience
cordynge unto ll-ly ScrifHure. and de(hiryni»e 1 I slii)lde her(in,*heraii!fO of the dethe of both
it trufly. — I submytte me wylfully und mtkely | men and women, ye In)th bodely and gustelf.
to be ever obedient** after my connyni*e and | For many men and women th:it stand now in
power to all these sayiictes and doctoures, a** . the treuthe, and are in the waye of salvation;
tlicy are obcdyente in \%orke and in wordc to - yf I sholdc for the lcarn}iri<: and reding of
God and to his liiwc, and foriher not to my their belcve publeshe them, and put thein thcr-
knoi\ ledge, not f'lr any ertlily power, dignity: for op to bishopw, or tn their nnpituouse mi-
or btiite, ihi>roue the help of God. But syr, nist«Ts, I kn«)w some dele by ex]>( rience, that
1 prave you tell me if alter youre biddying 1 they sholde he-o distroblcd and diseased with
sliali laye my lunae upon t!je 13oLe to the en- , pcrsecuiion or othenvisr, that many ol ti.em (I
tenre to s«».re then by ? ' thmke; would rather chose to lomke the wnye
And the Vichebish'ipc saiil to nu', ' ye, whrr- ' of iri'iitlic , than to be iraveleil, skomeii, and
f»rr cNr' And I vude to him, * Syr, a bnke i^ si lULriri-d, or punished nn bi««hop(ni und their
noihy!!^ cU bill a ihyoi; C(Mjph?d tooithtr «if mitiistei-* now us*- tor lo eonstreyne men and
djin-^e erealu es, and to swerc by anv crta- : Mome'i to consent to them. But I fynde in
tore bot^i (io.N law** and nnns lawe is iu?iyii>t. ! in> phire m Holy Scripture, that tlii:i ottire tluit
liut syr, tliis thi i::e 1 save lire to you before ' ye wnhle now enfi >^e nie with nccurdith to
these y.iur 1 lei cLe«, with my torsayd Protcsta- ony pribic ofC'hristi«. •M'cte, nor to any other
cion, that how, wlu^rc, when and to whom men Clirisien man. And therelure to do tniu w#f
ISl] STATE TRIALS, S Henry IV. 1107 Master WilUam Thorpe, for Heresy. [182
la me a fuirnoycous bondu to boliounden with, >
and over greuouse charge. For I suppose, j
ihat yf I thus dede many men and wouumi
wouldy ye^yr, might justly unto my coll^n^il)^
%tj %o ine, tliat 1 wer a traitur to God und to
theoi ; syns (as I thinke in myne hert) many
aieo nnd women truste so mekle in inc in this
cue, lluit I wold not tor suvvnt;; oi* niv Ivl'c do '
ihu4 to tlicm. For yf I thus siioldc do, (uli |
aanr men and women wolde (as tlu'y mi>jht
fii truly seyj that I hadde faKly and irovvcrniy
inakcn the truthe, und shundred shamefully
tbe Word of God. For yt'I consi-nted to yf)n
IB do hereafter your will for bon chd'i' or mis-
chef chat may befall to me in t! Js i}'fr, J dome
iamy conscience that I wire worthy herefdie i
m be cursed of (Jod, and nl!»o of all his j
2«Yntes, fro which incoiiueniencc kcpe mr, nnd ,
afl Christen people Almi^bti God now and ever i
for his huly name.'
And than the nbp. said unto me, ' O thine
hare is full hurd endnre«l a^ was the Ikm te of
Fharao, and the Dtuetl hath oiicrcomen the
and perverted tht' ; and he linth so blvnded
the in all thy «litte^, that thou hast no );race (o
know the treuthr, nor iho me^nre of mercy
Ihoc I liave profered to the. Thf retor, as J
percerue now by thy hdish Answere, th ;u hiist
ao will to leaue ihjne ohlc errour^. But I sey
to the leude lo!»cil, other thou quickly consonte
la myae ordinaunce, and subnui the to stand
to mv decrees, or by sevnt Thomas thou shalt
bedis^adcd, and fidlowc ihy felowe iu Smith*
tide.' And at this seyiu;; I stode styli and
nake not, but 1 thought in ni^ne harte that
Cod did to me a create );racc, if he wolde of
k.«g:cat mercy brin^e me to soch an eude.
kxA in mvne hnite I was nothing fravde with
t^sesasiitg ot the ahp. And I consider-
ed idcre twu thin^in in him : one, that Ke was
■c* fffiiirowfull for that he had made WtU
IciiSiiutre Mronc;futly to he burnt ; ai d us I
W'".«;.':frtd that the ahp. thyi-steil yet after more
ii^Lif cKit uf innocent liioode. And fast
t*e.nef''#!e i w:is moved in all my wittes, tor
U hoid tlie abp. notlu'r for prelate nor for
pne^t I'f God ; and for that myne inward man
vat thuM altogetlier departed from ihe abp.
■etlMusht I i^hould not haue ony dread of
bis. But I was right luiuy and sorouful, for
thjt iher was none uudienre of serul'*rmen by :
bar an myne hart I praid the Lord C»od for to
coaforte oie and ^irengith me a§;einbt them
tkai tht^e ware rgaynste the sothcfastcncsse.
And I purposed to speak no more to the abp.
and hi9 clerckes than me nede l)ehoved : and
iB tiiU) I praid Gud fur his goodnessc to gcue
■e tlian and alwaye grace to .«pcake with a
■eke and an easy spyrit ; and whatsoeiier
ikiqj^e thai I slmlde spekc, that I mii^ht haue
trae authorities of M:riptnre, or open reason.
And lor that [ stode thus still, and nothing
i^ke, one of the abp's. cierkes seid vnto me,
'Wiiat ihiog luusiste thou? L)o thou as my
lord haih now commanded to the here.' Anil
I nt I stode »till, and answered him not ; and
tUo »one after Uie abp. seid to me, < Art thou
not yet bethought, whether thou wilt do, a.<) I
haue here seid to the? And I seid then toJiym;
* Syr, iny father and my muilier, on whose
souls God haue mercy (if it he his will) spent
mekyll money in dluese places ahout my learn«
ing, for the enteiit to iuinc made me a prieste
t<i (i(k1 : but when 1 came lo vearcs of discre-
tion I had no ivili to he prieste, and therefore
my friends were t'xz^xX heuy to me : and than
lue thought their grndiiing agen.'jt me was so
peynfuil lo me, that 1 purposed therfor to haue
left their company : and when tliey peicemed
this in me, tiicy Mpake Monie tyme full feire and
pleasaunt wordes to me ; but for that they
mii^ht not make me to coiiM-nt of irood hartc
to he a prieste. tliei !>pak€ to me full ofte ryines
very };r^-vous words, and manudS«-d me in dmen>e
manner:*, shewing to me full heuy chcre. And
thus one while in feire manner, a nother whdc
in (;rcuous they were long tyme as me (l.oiight
full he^y about me, or I consent!^ to them to
he a prieste ; but at the laste, whan in this
matter they wold no longer suffer myne excu-
sacions, but other 1 should con^(nl to thorn, or
I sh(dd ever hear their iniii^^ntition, ye, their
curse, (as tiiey seidc) than I ^eing this, praid
them that they wold jiyue me licence fur to go
to them that wer named wyse priestis and of
vertuous conuerscaion, to haue their counsell,
and to know uf them ttie othce nnd the charge
of priesthode. And hereto my father and my
mother consented full gladly, nnd uaue me their
bli>)sing and goodc leaue to go, and also money
to spendc in this journey. And so than I went
to tho priests, whom I herde to be of be.^t
name, and of mostc holy lyvin;;^ and lic^te
learnid, and mjst wyse of heauenly wisdom ;
nnd so I communed with them vnto tho tyme
that I pereeiuyi (1 by their \ertcu(ms and con-
tinuall occup.iciuns that their hone»ie and
charitable werks passed their fame v^^^icli I
herde before of them. Wherefore, Syr, by the
example of the doctrine of them, and specially
for the godly and innocent woiki^ which 1 ()er-
ruiued than of them and in them ; afti r my
conning and j)ow-cr I have exercised me than
and in this time to knowe peillctiy G'od his
laive, h.iuinir a will und a de-ivre to Iwe ther
after, willinL; that all men and women tvercibed
them self fcirhrully therahoute. Yf than, syr,
other for pleaburc or displeasure of them that
ar nother so wise, nor of so vertenouse conuiT-
sation to my knowledge ; nor hy comonc fume
to ony other mannis knowledge in this land, us
thes men wer of whome 1 toko my counsell and
information ; I shoide now forsake thus sodeniy
and sltoriely, and unwarnid, all the learning
that 1 exerns>ed my self in this thirty winter
und more ; my con>cienop shulde ever he here-
with out uf mcburc \iK}ui«ited : und as, bvr, I
knowe will that many mi^n and women shoulde
be therlhrowc miMtl) trouMid and scinunderid,
and as I said syr to vou betupj, for mvne un-
trewlhe and faUe co»:*rdJKS'i many a one
shoide be put into full great roprefe : ye syr I
drede, that many a one, as thei m:^l:t then
iustely, wolde cuit^e me full biUcily, and s/r I
183] STATE TRIALS, S Henry IV. MOT—rm/ and Examination qf [ISi
fcare not but the curse of God, wliich I sholdc
deserve herein, wohlo bring me to a full euyli
endy y{ I contiiiewid thus. And if tliorow re-
morse of conscience I repenlid me any tyine
retournioi; into tiio ivay, which you duo your
dihgence to constrcine lue now to forsake ye
syr, all the bishopisuf this laiide with full many
other priestis wolch^ defame, and pursew me us
a relapse, and thei that now have (though I be
unworthy; some contidence in mc, hcrcafier
woldencuertruste tome though I co wide teache
and liue neuer so vertcuously more than I can
or may. For if alter your counsel! I leUe vt-
tcrly all my learning, I shoUle hereby firstc
tvonnde and defyie myne owne soule; and also
I sliolde Iicre through geue occasion to many
men and women of tull sore hurting : yc s}r, as
it is likely to me, if I consented to your will 1
sholde herein by myne euil example in it, as
ferre as in me wcr, tlec many foike ghostely,
that I sholde neuer deserue for to haue grace of
God to the edifying of his Chirche nother of
my self, nor of none other mannes lyfe, and
undone bothe before God and man. liut syr,
by example chefely of some whos names I Mill
not now reher%e, II. of J. V. and I), and idso
by the present doyn^r of Philip of Uajnprnton
that is nowe beconien bislmp of Lincoln, I am
now lenrnid, as many more hereafter thorow
Ooddis grace shall be learned, to hate and to
flc ail sochc bclander, that ilies foresaid men
chefely hath defvled principally themselves
with. And in it that in them is they have cn-
iienemid all the Chirche of God fur that sclan-
derrms reuoking ai the crosse tif Paulis of 11.
J', and of H. and how now Philip llampenlon
perse wi h C'hnslis people. And that f^ining,
that thts men dissemble by woild'y prudence
keping them cowirdly in their preaching and
commtininir wiihiu the bondis and leimis (wich
without hhinic may be sptikyu and shev. id uui
to (he mn^te \Mwlrllv lvut'r») will n(>l be un-
pointihid lit (rud. For lt> the puint of trewilu'
tliat tSics men shcv.id out suine (yme, they will
not now btreche forth tlu-ir lyiics. ]j(it bv c\-
nmnle eche one of them, as tlu-ir »oidis and
I heir works shew, they bL'^y tliLin ilmrow ilitir
feinynjj, for to sclaunder afid lo per^ewc ( iiriste
in his members, rather than they v\ill be per-
sewed.'
Anrl the Archebiahop seid to nie, * Tlu.'.-* men
tlie which tiiou spckist of now wcr l'o(ili>
and herctii|ue«, whan they w(ivt<Hmiid wy»e
men of the and other soche losclUs. liut n'ow
thry ar wyse men, i hough thou and soche otLer
denie them \nwy-t'. Nciiertlii*Ks>e 1 wiste
TieutT nunc, tlv.it li^ht si-ide, that any while
were enucnyiued with your nmtagiousne^se,
that is, Cdiit.Hi.innte and Mioitid dueiriite.'—
And i s< id t) the A rcht bishop, '^\r, I think
well that tlus men and such other ar now wyse
as to this worlde ; but as their wordi-^ sounrlid
somctyme, and their workis ^licwid outviardiy,
it wu> likely to move me that they had i*arniste
of the wisiclome of O.mI ; and that the> sholde
baue descrued niukell grace of (iod to Iiu«e
Muyd their own souleS; uod inviiy other inconis,
if they liad continewid feithfully in wilful)
pouerte, and in other syinple verteuous ly ving ;
and specially if they hadde with thes foreseid
vertues continewid in their besy fruteful sowing
of Goddis word : as to many mennys know-
ledge they occupied them a season in all their
wittes full l>c.syly to know the pleasuunt will of
God, trauelying all their membrcs full besily
for to doo thcrafter, purely and chefely to the
praising of the most holy name of God, and fur
grace of edification nntf saluacion of Christen
people ; but wo worthe false couetise, and euill
counseil, and tyranny, by wiche they and many
men and women are ledde bliyndely into an
e\ ill ende. — Than the Archebi»hop seide to me,
* Thou an<i soche other losellis of thy secte
woldo >haue your headis full nere for to have a
bcnetice. For by JesU I know none more
couetouhe shrewJ!% than yc ar, when that ye
haue a henefice. For lo I gave to John Puruay
a benefice but a myle out of this castell, and £
herde more compleintis aboute his covetous-
nesse for tythes and other mysdoyng)-s, than I
didde of all men that wer auancid witliin loy
diocei^se.' — And I seid to the Arcliebisliop,
* Syr, Puruay is nother with you now tor the
boneficc that ye gaue him, nor he holdith feith-
fidly with the Icarnyinu that he tawght and
writ before tyine, and thus he sheweth hymself
nuiher to be hote nor cold; and therefore lie
and his feluws may >ore drcde, that if they
lornc not hastely lo the wave that they have
forsaken, peruui nlure they be put out of thft
nonibre of C'riMis choycn people.' — And tlie
Airhebi!<hop said, * Though Puruay be now a
false harlor, I quyte me to liiin ; but come bs
more for soche cause before me or we depaitf
1 >liall knowe with whom he holdith. But I
sey to the, Whiehc are thes holy men and wyse
ot'whom thou haste takyn tliyne infonnacion ^
— And I seid, * Sir, blaster John Wichft' was
liolden of tull many men the greatiste clerke
that they knewe than lywng; and tiiemvith
he was naniid a passing ruely man, and un yn-
noccnt in his lyuvnge, and here fore great men
coMimouYd ofte with him, and they louyd so
his learnying that they writ it, and besily en-
lor>i(l them to rule t1.em;>elf there after.
Therefoie syr, this foreseid learnying of master
John Wicliti' is yet holden of lull many men
and women, the most a^reeablt learning unto
the lyning and teachyng of Chiiste and uf liii
apostles, and mokte opeojy shewing and dc«
daring how the Chirchr of Christ iiaihe ben,
and yet shulde l»e rewlid and gouern'd. Tha re-
fore so many men and wrmiin couet this learn*
ying, and purpose through (loddis grace lo
eontonne tneir lyuiing hie to this learnying of
Wiclitf. Master John Aision tawghi and writ
accordingly, and full l.esily \Oier and whan, and
to whome that he mi>:ht ; and he \ied it hym-
sf ll'nghr pvifitly unto nis lu'es enile. And also
Philip of Uanipenton »hih- he \mls a chanone
of Lucent er, Niciioluh lUrtoide, Duuy Gotruy
itf Pakring, monk of H\lHn<le, and a master of
diuinitic, and Juhn Puruay and many other
wich wer boldea right wi^e men and prudqn^
1 55] STATE TRIALS, 8 Henry IV. \\01,~Ma»lerWilHam Thorpe, for Heresy. [180
u«cht mnd writ besily this foresnid leariiyng, |
and confbmiid them thereto. And wit|i ull |
thes meo I was ofte right homely, and com-
nunjd with tliem long tyine and ofte ; and so
before all otiier men I choes wilfully to he in-
formid of tbem and by them, and specially of
WicJiff himself, as of the roost verteuous and
lodly wise men that I herde of orknewe. And
therefore of bim specially, and of thes men, I
taoke the learning that I haue taucht, and pui^
Etc liue there after (if God will) to my
end. For though some of thes men be
cwirmry to the learning tliat they taucht, be-
fore I wote well that their learning was trewe
which tliey taught; and therefore nith the
Upe of God I purpose to holde and to use the
karaing which t harde of them, while tlioy sat
«a Moses chaire, and specially while thry sat
on the cbaire of Christe. But after the vrerkis
that they now do, I will not doo with Goddis
kelpe. For they feine and hide, and contrary
the trewthe «%ich before they taucht out pienily
iod tiewly. For as I know well when some
of these men hath been blamid for their sclaun-
derous doing, tbey grauntc not that thry have
laacfate a misse, or erryd before time ; but that
tbey were const reined by peine to leave to tell
•at the sothe, and thus they choese now rather
to blaspheme God than to soficr a while here
persecution bodeljf for sothefastnesse that
CbhfCe shed out his harte bloode for/ And
Ike Arcfaebisbop seid, ' That learning that thou
estkst trewtha and sothefastnesse, is open
sdaoiider to holy Cbirche, as it is prouid of
kolT Clairtrhe. Fur all be it, that Wicliff
juir aocour was a great clcSrke, nnd though that
Mu; men lield him a pertite liucr, vet his doc-
iriKHaot npi^rouid of holyChirchc, but many
■■HicB ni his learning are dampnid as they
■tfl «oorthy iir. But as touching Piiilip of
Isapeacon that wa^ first chanone, and afler
Hknn of Lacesiter, which is now bishop of Lin-
t'NQ ; I fell the that the day is comen for which
be lasiid tlie euene. For nothcr he h<ildeth
lov, nor will hold the learning that he thought
•urn he wab a chanon of Lacester : for no
^wp of this land perseweth now more sharply
ikev t^iat holde thy way than he doeth.' — And
I «ai4, * Syr, full many men and women won-
im*h apiin hint, andspeakith him mekill shame,
ud bofdeth him for a cursid enemy of the
tivwthr.* And the Archebishop seid to me,
*Whifefore tariest thou me thus here with
Hcbe titbies, « ilt thou shortely (as I have seid
to ikej submit the to me or no V And I seid,
' btr, I t* II yuu at one word, 1 dare not for the
drede of God submit me to you. aiier the tenour
bd lenteTice that ye have aboue rehersed to
And than as if he hadde been wrothe he seid
to me of his clerk is, * fetch hider quikely the
Cenificarion chat came to me fro Shrewisbury
«der the Imiliues s^al, witnissing the Errours
sad Heresies which this losell hath veneniously
ivwrn there.' — ^I'ben harttely the clerk c tonkc
••I, and icid forth on m cupborde diverse rollis
^ ahungS| BinoDg wfaicb there was a liitle
one, which the clerke delivered to the Arche-
bishop. And by and by the archebishop redde
this rolle, conteining this Sentence :'
" The thirdc Sonday after Easter, the yere
of our Lorde M.CCCC. and seuen, William
Thorpe came vnto the towne of Shrewisbury,
and tnorow leaue graunted uuto him to preache:
He said openly in Synt Chaddis Chirchc in his
scrmone, tliat the sacrament of the altare after
the consecration was material brede : and that
ymages shulde in no wise be worshipped : and
that men shulde not go on pilgrcmnges : and
that priests have no titles to tythes : and that
it is not lefulf for to swore in any wise/'
And when the Archebishop liad red thus this
Rulie, he rolled it up agcin, and seid to' me,
' Ys this hulcsome leamingc to be among the
people ?' And I said to him, ^ S^t, I am both
ashamed on their hehalfe, and right soroofull
fur them that have certified you thes things thus
vntrewly : for I preached never nor taught thus
priuely nor apertly/ — ^And the archebishop said
to ine, < I will give credence to thes worship-
full men which haue written to me, and v\it-
nt'sr>ed vnder their scalis there among them.
Though thou now deniest thb, wenist thou that
I will give credence to theP Thou losell haste
trubleu the worshipful cuminalte of Shrewis-
bury ; so that the bailives and cominaltc of that
town haue written to me, pr.iynge me that am
archbishop of (!untcrbury, primate and chaun-
celer of Kiiglond, tliat I will voudisafe to
gruiintc them, that if thou shalt be made (as
thou art worthy) to sufl'cr open jourcsse for
thine Ilercsys, that thou luayc haue thi youresso
openly ther among them : so that all they
whome thou anrl soche other loscUcs haue thcr
perucrted, may thorow fearc of tliy dcde be re-
consyled agcyn to the vniie of holy Chirche.
And also they that stand in true faitne of Holy
Chirche may thorowe thy dcde be more stab-
lishcd therein/ And as yn thvs askyng hadde
pleased the Archebishop, he said,' by my thrifte
this hartye prayoure and feruentc requeste shal
be thought on/
But ccrteynly nother the prayer of the men
of Shrewisbury, nor the manassynge of the Ar-
chebishop made me any tliinge afrayde. But
in reliersyng of this malice, and in the hear^
ynge of it, my herte greatly rejoysed and yet
duthe. 1 thanke God for the grace that I than
thought and yet thinkc shall come to all the
chirche of God here thorowe, by the speciall
mcrciiulle doynge of the Lord. And as hauynge
no drcadc of tiie malice oftyrauntes, by trustynge
stedfastly in the helpe of the Lorde with full
purpose for to knowlege the sothefastenesse,
and to !>tande thereby afler my connyng and
power, I 8ai<l to the Archebishop ; ' Syr, yf the
truthe of Gods Worde might be now accepted as
it sholde be, I doute not to proue by lykely evi-
dence, that they that arc tamed to be out of
the faythc of Holy Chirche in Shrewisbury, and
in other places also, are in tlie true faithe of
ILily Chirche. For as their wordes sounde,
and their workes shewe to inannis iudsmenr,
dreading and louing faithfully God,
1S7] STTATE TRIALS, 8 Henry IV
their dcsyre, tlierr loue, and their bcsinessc are
modtc rjctt todreade to oflfend God, and to ioiie
fur to please him iu true and faichfull kcping
of liis commandmeuts. Aiid agcne, they that
are said to be in the faithe of Holy Chirche in
•Shrew isbury and in other places, by open eui-
dence of their proude,' enuioiue, maliriuuse,
couetousc, iccherousc and other foule wordes
aad workcs, not her knowe nor haue will to
knowe, nor to occupye tlieir mittrs truly and
cflectuously in the right faiih of Holy Chirche.
Wherefore all these, nor more that foliowe
their niancrs, shall onv time come verely in the
faith of Holy Cliirchc, except they enforce
them more truelye to come in the u aye \^ hiche
iiowe they despise, for these men and wo-
men that are now called feithfuU and holdcu
jubte, nother knowe nor will exercise themselfe
to knowof faithfulnesseone commaumlement of
Gud. And thus full many men and women
now, and especially men that arc named to be
principall lymmes of Holy Chirche, sticre God
to greatc wruthr, and deserue his cur^e, for
they that call or boldc them unjnste men,
ivhich are full vnjuste, as their viciouse wordcs,
their great customable 8werine;e, and their
slaunderouse and shameful I workes shew openly
and witnesse. And herefore soche viciouse
men and unjuste in their owne confusion call
tliem unjuiite men and women, which after
their power and conning bosy them self lo line
justely after therommaundmcnt of God. And
where syr yc say, that I haue distrobled the
cominaltic of Shrewi&bury, and many other
men and women with my teaching, if it thus be,
it is not to be wondred of wise men, sins all the
cominalte of the cite of Jerusalem was dcstro-
blcd of Cltfistes awnc person that was very
God and man, and most prudent prccher that
ever was or shall be. And also all the syna-
gogue of Nazareth was moued againste Christe,
and so fulfilled with ire towardcs him for his
preaching, that the men of the synagogue ruse
up and cast Christe out of their cyte, and Icdde
^lim vppe to the top of a mountaine for to cast
him doune iher hcdcling. Also aca)rdin«:ly
iitreto the I^ord witncssyth by IMose?, that he
shall put di.ssention betwixt his people and
the people that contrarieth and ])ersewitli his
people. Wh'), syr, is he that shall prcche the
trcwiho of Goddes vvordc to the vnfeithful peo-
ple, uiid sIkiII lott the soihefa'>tenesse of the
( lo-peil, ami the prophecy e of God ahuightie to
be niltilkvi r*
And I'lJ Arcliehishop said to me, ' Itfolowcth
of ili( s iliy wunlii, tl:at thou and soche f>thcr
tliiiik» St iJiat }e do right well for to prcarli and i
t( .tcl) lu^ y: ((() without authoritie of any bishop. |
F)r yu [•nsiiine, that the Lord halJi rlioscn i
voii oniv for to nrtaolic as failhfid (liaeii>h-s
and -.|'e( id toli»Aars of Christe.' — And 1 said,
*8\r, I'V uiiilioiitje of (jlods lawc, aud also of
.seiiii< .r> and d.)<-!t)iirs, I am learned to dcme,
th'.'.t It i-> ni I V prie:-t-> olilcc and dutic for to
pn:iclie li.-dy .'Vtly •»iivl truily the worde pf
GoA. I''<M- ho doiito ( iicry pritsL sliould ov
{)():.c iP:* ill 111-. .S/!.ie^aiid couctt to tlikff
1 407 . — Trial and Examinaium qf [ 18S
order of priesthode cbefly for to make knowen
to the people the worde of God after his con-
ning and power, approuiDg his wordes ener to
be true by his vertuous workes : and for this
entent we suppose that bisbopesand other pre-
bites of Holy Chirch shohl cbefely take ancfuse
thcr prelacie. And for tue same cause bishopes
sholde giue to priestes their orders. For bi-
shopes sholdc accept no man to priesthode^
except that he had good will and full purpose,
and were well disposed, and well learned to
! preache. Wherefore, syr, bjr the bidding of
I Christ, and by example of his moste holy Jiu-
ing, and also by the witnc^ine of bis holy
Apostles and Pi*oi)hcts, wc are Dounde under
full great peine to exercise vs after our con-
ning and power (os euery pricste is likewise
charged ot God) to fulfd dewly the office of
priesthode. We presume not here of oura
selves for to be cstemcd (nother in our owne
reputacion, nor in none other mannes) feithful
discipks, and spccinll folowers of Christe : but
syr, as I said to you before, we deme this hj
authoritie chefely of Go<ldes worde, that it is
the chefe deutie of euery prieste to liesy them
feithfully to make the law of God knowen to
his people, and so to comune the cnnioiaund-
ment of God charitably, howc that we may
bi>ste, where, whan, and to whom that euer we
may, is our very deutie. And for the will and
bu>)ineshc that we owe of our dewe dette to do
justely our otficc thorow the steiring and spe-
cial helpc (as we truste) of God, hoping ited-
fastly in his mcrcie, we desire to be the feith-
fuU disciples of Christe; and we pray this gra-
cious Lorde for his holy name, that he make us
able so to please him with deuout prayers, and
charitable priestly workcs, that we may obteine
of him to folowe him thankfully.
And the Archebishop said to me, * Lewdelo-
sell, whereto makist thou soche venye reasons
tome? Askcth not Seynt Paul, ' Howe sbolde
Priestes preche, except they be sentP but I
sent the neucr to preche ; for thy venemous
doctryne as so knowen thorow out Englond,
that no bishop will admitt the for to prech by
witnessyng of their letters. VVhy than, lewde
Ydiot, wiliest thou presume to preach, syns
thou art not sent, nor licensed of thy soucreyn
to preach ? Saith not Seynt Paule, ' That tub-
jecics owe to obey their souereyns,' and not
oidy good and vertuous, but also tyrauntis that
are vicious V — And I said to the Archebishop,
* Syr, as touching your letter of ■licence or other
bishopes, which we say we sholde liaue to witp
ne^^bc that we wer able to be sent for to
preache ; we knowe well that nother you, tytf
nor ony other bisiiop of this lande wtU snuipv
tc» us ony soche letters of licence, bui «c
sholde oblige us to you and to other biifMpcib j
by uolefull oalliea. ^r to oas^ nQ% the hfani§^ ^
and tena me hiik
wil
^89] STATE TRIALS, 6 Henry IV. 1407.— J/o5/<t nWiam Tliarpe, /or Heresy, [WO
|Hrchen : and therefor t bough ire hauc not
joor letter, air, nor letters of otlicr bisliops
written with jake upon percliement, we diire
not fierefor -leaue the office of prechiiig ; to
which prechingallpriestes, after there connjing
aod power, are bounde by diuerse testimonies
of Gchi's lawe, and of great doctours, without
onj mencion making ot bibbopes letters. For
IS mekell as we haue taken upon vs the office
of priesthode (though we ure vuworthy thereto)
we come and pnrpose to fulfytl it with the
lelpe of God, bj authoritie of his owne lawe,
ind bj witncsse of great doctours and scintes
•ocnrdingly, hereto trusting stedfastly in the
nercje of God ; For that he commaundutli vs
to do the office of priesthode, he will be our
nfficient letters and witncasc, if we by example
of his holy lyuing and teaching specially oc-
cupye TS leithfulTy to do our office justly, ye
tbe people to whom we prenche, be they
feithfuU or unfeithfull, shall be our letters, that
is, our witnesseberers ; for the treuthe, where
it is so wen, maye not be unwitnessed : For ail
that are coouerred and saued by Icarninge of
Goddcs worde, and by working thereafter, are
witnesseberers, that the trewith and sothfast-
nesse which they harde and dyd after, is cause
of their saluacion. And ageyn, all unfeyihfull
mea and women, which herdc the treuthe,
Colde out to ihem and wolde not do thereafter ;
also all they that might have herdc the truthe,
and wolde not heare it because that they wolde
not do thereafter : all thes shall beare witncsse
agunst tfaemselfes, aod the treuih which they
woki not heare, or else harden and despised to
do thereafter thorow their unfeythfulnesse, is
and shall because of their dampnacion. There-
1\«e,STr, synt this ibrseide witnessing of God,
wdotdnrerse seintes and doctours, and of all
the people good and evyll, sufficeth to all true
pnicben ; we thinke that we do not the office
ofpmthode, if that we leaue our preaching,
Accuse that we haue not, or maye not houe,
dewiy bisbopes letters to witnessc that we arc
lent of them to preache. Thib Sentence op-
prooeth Seynt Paul, wher he spcnkcth of him-
selfe, and of feithfuU apostles and disciples,
laing thus: * We neede no letters of coni-
' mendacion, as some other preachers do,
' wfaiche preache for couetousness of temporal
' goodes, and for mennes praising.' And where
ye say, syr, that Paul bifldeth subjectes obey
'dieir sonereyns : this is soth, and may not be
denied: But ther is ij. maiier of souercyns, ver-
tuoa» siiffertyns, and vicioius tyrauntes ; there-
fore to thea last souert'yii» nother men nor women
tku be subjecte owe to obey in ij. maiiiicrb. To
Wtnonssuilereins and chariiublc, subjectes (y\\e
to obey wOfiilly and gladlv, in hearing of tli<-ir
' couiiseUim con^entin^ to their chnritubio
I, and hi werkynge nfrcr their fnttctull
*'*^ sentence Paul approue th, wher he
'ectii; * Be yeniindfiill ofyonr
e to you the worde of God,
'^Ithe of them whos conuer-
' fcrtnous.' For as Paul
j^nsy to whouie su bj ect is
I ' owe to obeye in following of their maners,
: * workc be<iilyin holy studying, how they may
' wihtstaadc and destroy vices firste in themself,
' and after in all their subjectis, and how they
' may beste plante in them vertues.' Also thes
souereynsmakedeuoute and feruent prayers for
to purchase grace of God, that they and their
subjectis may cuer all things dreade to offendo
him, and to loue for to please liym. Also
these souereyns to whom Paul biddeih vs
obey, as it is seid before, lyuc so vertuously,
that ail they that will lyue well may take of
them goodc example to knowe and to kepe the
commaundmentis of God, But in this fore-
said wyse, subjectis owe not to obey, nor to be
obedient to tyrauntis, while they ar vicious
tymuntis ; syns their will, their counsel!, their
biddings, and their workis ar so vicious, that
they owe to be hatid and lefte. And though
sochc tyrauntis be masterfull ai)d cruell in
l>ostyng, and manasing in oppressions and di-
^erse punyshyngis; Seynt Paul biddeth the
scruauntis of soche tyrauntis to obey mekelr
to soche tyrauntis, suffering paciently their
maliciqus cruelnes ; But Peter counsellith not
ony seruant or subjecte to obey to ony lorde,
or prince, or sonercyn in ony thyng that is not
pleasing to God.'
And the Archebishop said vnto me, ' Yf ft
souereyn biddc his subject duo that thing
that is vicious, this souereyn herein is to
blame; but the subjecte for his obedience
deseructli medc of God, for obedience pleasith
more to God than ony sacrifice/ — And I said,
Samuel the prophetc said to Saul tho wycked
king, ' That God was more pleased with the
< obedience of his commaundment than with ony
* sacrifice oC bestis.' But Dauid saith, and
Seynt Gregory according to gither, * That not
oncly they that do euyll is worthy of dethe
and dampnacion, but also all they that con-
sentc to euyll doers/ And, syr, the law of
Holy Chirche tcachcthin the Decrees, That no
seruunt to his lorde, nor childe to the father or
mother, nor wyfe to hyr husbond, nor monke
to his obot, ought to obey except in lefuU
thingis and lawful!. ' — And tlje Archebishop
said to me, ' All these allegingis that thou
bringest forth ar not eU but proude presumptu-
ousncss ; for hereby thou enforcist the to prove,
that thou and soche other ar so juite, that ye
owe not to obeye to prelatis. And thus agenst
the learning of Seynt Paul, that teachith you not
to preache but if ye wer sent, of your own autho-
rite ye viill ^o iorthe, and preache, and duo
what ye liste.*" — And 1 said, * Sir, preseiitith not
every prit-^te the office of the apostles, or the
office of tlic disciples of ('hriste?* And the abp.
said 'ye/ And I said, * Syr, ns the tcnthe
rhaptre of Mattliew, and the laste chapirc of
Marke uitnesseth, Christc sent his apostles fur
to preache; And the lenilie chapire of Luke
wirntssclh, that Christe s?Mit his two and se-
iientie diMMplcsT-r to preache in c\eiy place
that Christe ivas to come to. And Seynt
Grcgoiy in the coinnmn lawc saith, That every
man that got.-i to priesthode^ tukith upon hym
191] STATE TRIALS, 8 Henrt IV. 1 ^7.— Trial and Exammation <f [ 1 g^
the office of preaching ; for as he snith, that
prieste steirith God to great wrathc, of whos
iDOutlie is not henle the voice of preaching.
And as other more gloses upon Ezechiel wit-
nesse, that the prieste that prechith not besil^
to the people, shall be partetaker of their
danipnacion that perishe thorow his dtfaute;
and though the people be sauyd by other spc-
ciall grace <if God than by the priest is preach-
yng, yet tlic priestis, in tliat they ar ordenyd to
preachc and preaclte not, as before God they
ar manslearsy for as ferre as in them is ; soche
priestes as prcoche not besily and trcwly sleeth
all the people gostely, in that they withhold
from them the worde of God, that is lyfe and
susteuanncc of mcnes soules. A nd Seym Isidore
saiih, Pricstis shall he diunpnid furwickednesse
of the people, if they teache not them that ar
ignorant, or blame not them that are synners :
For all the worke or besincsse of priestis stand-
ith in preitchiug and teacliing, that they ediA'e
all men us well by connyng of lei the, as by
discipline of wnrkes, that is vertuous teaching.
And :ui the Gospoll witnessith, Christe said in
his tencliing, ' 1 am borne and conien into this
< worlde to beare witnesse to the trewthe, and
< he that is of the trcwthe hearith my voice/
Than, syr ; syns by the Word of Christe speci-
ally, that is, his voice, priestis ar commuundid
to preachc, wluitsoeuer prieste that it be that
hathe not good-will and full purpose to duo
thus, aiid abletli not himself, after his conning
and power, to doo his office by the cxaiiiph*
of Christe and of his apostles, what^soeucr other
thing that he dothc displeasith God. Tor lo
Seyttt Gregory saith, ttiat thing leUe that a
man is bounde chefely to don, whatsoeuer other
tiling that a man dothe, it is unthankefnll to the
Holy Goste : And therfore saithe Lincoln,
That prieste that preachith not the worde of
God, though he be siene to have none other
defaute, he is AntichristeaudSuthanns, a night-
tliefe and a day-thcfe, a slear of soules, and an
angell of light tournid into derkencsse. Where-
fore, syr, thes authorites and other well consi-
dered, I demc myself dampnable if 1, other for
pleesure or displeasure of ony creature, applye
me not diligently to prciche the worde of God.
And in the same dampnacion I demc all those
priestis, which of ^oode purpose and will on-
forse them not besily to doo thus ; and also all
them that have purpose or will to lett ony
priest of this businesse.'
And the Aichebisliop said to those three
clerkis that stooite before hym, * Lo, S^ts, this
is tlic manner and busincsse of this loscll and
soohe other, to pike out soche sharp sentencis
of holy Scripture, and of doctoris, to mainteine
their secte and lore agaimte the onlinaunce of
holy Cliirche. And therefore, losell, it is that
thou couetist to have ageyn the Psalter that I
made to be tukyn from tlie at Canterbury, to
recorde sharpe versys ugeinst vs; but thou shalt
ntucr haue that Psidte.', nor none other boke,
tyll that I know that thy harte and thy mouthe
accorde fully to l>e gouernid by holy Ciiirche.'
Attd I said, Syr, tdl my will and power is and
euer shall be (I trustc to God) to be gouernyd
by holy Chirche. And the Archebisliop wked
nie, * What was holy Chirche?' And I said, Sir,
I tolde you before what was holy Chirche; but
syns ye aske me this demaunde, I call Christe
and his Seyntes holy Chirche. — And the Arche-
bishop said unto me, < I wote well that Christe
and his Seyntes ar holy Chirche in Ileuene ;
but wliat is holy Chirclie in ertlie ? And I said,
Syr, though holy Chircl>e be euery one in cha-
rite, vet it hath two partis : the firste and prin-
cipal! parte hath ouercomfn perfiteW all the
wretchednesse of this lyfe, and reignetli joyfullj
in Ilencne with Christe ; and the tother parte
is here yet in erih, besily and continually bait-
ing day and night aeeinst temptacions of ihe
Fende, forsakyng and hatyng the prosperite of
this worlde, despising and withstooding their
flesschely lust is ; which only ar the pilgrimei of
Christe, wandering toward Heuene by stedfosc
feith, and grounded hope, and by perfite cha-
rire : for this hcuenly pilgreinis may not, nor
will not be Icttid of their goode purpos, by the
reason of eny doctours discording fro holy scrip-
ture, not by tlie fluddis of any tribulacion tem-
porally nor by the winde of any pride of boste,
or of nianaising of ony creutnre ; for they ar all
faste grounded upon the suer stone Chrisley
hearing his worde, and louing it, exercising
thein fcithfully, and continually in all their
wiites to doo thereafter.'
And the Archebisliop said to his Clerkis, ' Se
ye not how his harte is endured, and how he is
trauek'd with the deuill, occupying him thus
besi-ly to alloec soche sentencis to mainteyne
hys crrourb anfl heresies? certeyn thus he vrold
occupii> vs here all day, if we wold suffer hym/
One of iho Clcrkes answered; ' Syr, he said
right now, that this Certiticacion that came to
vou fro Shrcwiiibery is untrewly forged against
hym ; therfore, Syr, appose you hym now here
ill all the poiniis which ar certified ageioit hym,
and so we shall heare of his owiie moatbe his
Answers, and viitnesse them.
And the .Archehishop tooke the Certificacion
in his honde, and looked theron a while, and
than he >ai(i to me : ' Lo here it is certified
aiieinst the by worthy men and feithfull ofShrew-
i>bury, that thou prinichedst there openly in
Seynt Chaddis Chirche, that the sacramente of
the altare was material brede after tlic conse-
cracioii : uhat saist thou? was this trewly
preached?* And I snid, Syr, I tell you trcwij
that I touchid nothing there of the sacrament
of the altare, but in this wyse, as I will with
Goddis grace tell you here. As I stood ther in
the pulpet, bosiyng me to teache the commnnn-
dcment of God, ther knylted a sacring bell, and
therfore niekill ))eople toomid awaye liastely^
and with great noyse ran fro towardis me. And
I scing this, said to them thus : Goode men, ye
wer bitter to stand here still, and to hear God-
dis worde ; for certis the vertue and the mede
of the moste holy sacrament of the altare stand-
ith niekill more in the beleue thereof that ye
ought to haue in your soule, than it dothe in
the outward sighte tliereof. And therfur ye were
l}i] STATE TRIALS, 8 IIcnrv IV. I i07.— 3/rts/er IViiliam Thorj)f,for Heresy. [19+
leUrr to stande still quietely to lio:tr (joddis ' ordiiifiunce of men under l>c:leiie shuMtr bepuic
worde, because that thorow the hearing ilierruf ' in to bcleae. And tlie Arciichihhop s:iiile (o me,
nnm come to %ery ti%iTC beld'c. And otlkiT- ' Yt'tliou h-.«>t not learned tliiabelbrcluurne now
«}ae, Syr, I am certein 1 spake not there of the toknowethatthou ait oiitot'bclcue,iriii this mat-
■oonlij sacrament of the alture. ! tcr and other thou hflcuest not as lioly chirchu
And tiie ArcfaebUhop said to nic, * 1 iK'lcue ' bclcucth. What save doc tours treutinge oi' thi&
the not VI hat so eaer thou suist, syns bo worship- I Sacrament r' — And I said, Syr, Seiiit Faiile that
fuU men haiic witnessed thus n;;cin^t the ; hut
svnsthuu densest that thou suiidi^t thus tiicrc,
■hatMii^t tluiu now? rcstith there, oficr the
was a greale doctour of holy chirche, bpeak> U)nt
to the people, and tcachiii<; them tiie rij^ht U-
leuc of thii* mobte holy .Sacrament^ calletii it
uMisecration, in the oste niatrriuil hrcde or no?' ; breadc thai we hrcakc. And also in the canon
And I said, Sir, I knowe in no place in holy ' of the masse afier the consecration, this nio^t
"^ ■- ^1 ■ - -.It 1 I ^yjjfjjiy Sacrament is called holy breade ; and
euery prieste in this lande, after that he hat he
fecripture wiiere this lernic inateri ill brcde is
■nCen ; and tiierefure, sir, when I speake of
tins mattifr, 1 rse not lo speake of inateriall
Wttde. Tliun tlie Archelnsiiop said to nie^
' How teachest thou men to beleuc in this sa-
cnnent?' And 1 said, Sir, ns 1 heieiie myself,
n I teacfie other men. He said, ' Tcli out
picinly thy beleue hereof.* — And I said with
■J protcstacion. Sir, I beleue that the nyght
bdure that Christe Jesn wold sutler wilfully
panon for mankynde on tiie nu)rnc after, he
ibke breade ui his holy and moste worshipfull
laodisy lifting vp his eyes, and gyuyng ihankis
I* Cod his father, blessed this breadc and brake
receyued this Sacrament, say the in ti)}.s wy!«e :
That thynge that we hauc Uikcn with oure
moutbe, we prnye God that we may take it
with a pure and clcnc mynde ; that is, as I un-
derstonde, we praye God that we may rc*ccyue,
thorowe very beleue, this holy Sacrament
wortliely. And, Syr, St-'yat Augubtinc saith.
That thing that is scnc is breade : hut that
nieuneys fcithe nskc-th to he informed of, is
verye Christes body. And also rul^enco, an
ententyfe doctonr, saith, as it were an errour
to snye that Christe wan but a substainice, that
it, tad gaue it to his disciples, ssaying to tliem, is, very man, and not very God, or to say, that
' Take and eate of this all you, this is my body ;' '• Christe was very (lod, and nut very man ; so is
ud tho thid is ami ought to be all mennis be- i it (this doctour snyth) an errour to say, thai the
Itft, 3Iaihew, Mark, Luke, and Paul witness- j Sacrament of the nltar is hut a substnunce.
■h: other beleue, sir, haue I none, nor will' And also, Syr, accordingly hereto in the Hccreto
bve none else ; for I lieleuc, with ( *oddis grace,
I parpose to lyue and dye, knoleging as I be-
kae, that tlie worsliipfull sacrament of the
dureys the sacramente of Christ is Hesche and
hsUoode, in fournie of breade and of wine.
Aod the Archchi»!iop said to me, ' It is sothe
tktt ihs Sacrament is very Christis body in
ians of breade ; but thou and thy secte
ittWiztu be i^ubrftuunce of hrede : thynkcyou
uttum icachinge?' — And I said, NothcV I
ftTfiOf uilier of the sccte that ye danipne, teach
Mroiner wyse than I haue told you, nor beleue
oiibenriie tu my knowyngc. Xcucrthelcsac,
ijr, laske of you for charytc, that ye will tell
■tberc pieyuly, liow ye shall vndcrstonde this
Int of .Saynt Faule, wher he suyth thus: * This
tfciaie fcaJe you in you re self, that is in Christe
Jtsa, while be wsls in the founne of Hod.* Sir,
etUcch not Paule here the fourme of ( jod, the
ihitaunce or kynde of God? Also, »ir, saith
BoCihcChirclie in the honres of the most blessed
•ifioi; a<:cordiiigly hereto, wliere it is written
1^: ' Thou auctour of hcaltlie remembrr, that
uaetyme tliou toke of tlie nndefyl(.*d vyrgyne
litt foumie of oure hodye?* Tell mc for chary te
thercf ire, whether the fourme of our U>dyc be
ciUcd here the kynde of our body or no ? — And
lie Arrhebisliup said to roe, < \Vouldi*.t tlion
■akemc to declare this ccxte after thy purpOH*,
ijfisihe Chirdie liathe nowe dctcnnyncd, that
there abidcih no substance of breadc af'ttT the
roMtiracion in the siicnuuent of the altarc P
hdeoe«t thou not on this ordinuunce of the
Ckorche?' And I said, Syr, what Mieuor pre-
hiei have ordened io the Church, our bcleuo
Nuditfa cuer booll. I haue not lun-de that tlie
VOL. I.
of the middle masse on Chribtmassc day, it is
writtun thus : * Idem refuhit Dizfs, tic tcrrena
iubslantia nobis confer at quod divinum est ;'
which sentence, Syr, with the secrete of the
fbrthe feryc, quattior tcmporum Septcmbr'u ; 1
pray you, syr, declurc> here openly m Knglish.
And the Archthiijhop sciil to me, ' I per-
ceiue well ynongh whcr aliout ihou art, and now
the dcucll' hlyndclh the, that thou may not
understond the ordinaunce of holy chnrchi', nor
consent thereto : l)Ut I commn'nide the now
answerc mo »hortly ; Uuleuest tl.';u that, after
the consecracioii vy^ this forsaid Sacrament,
there ahideth substannco of breadc or not ?* —
And I said, Syr, n^ I vndcrstond, it is all one to
to graunte and to beleue that there dwol-
leth snbstauiicc of hrcde, and to graunte
and to beleue that this most worthy Sacra-
ment of Christes owno body is one accident
withoute subjects. But, Syr, for as niekell
as your a^kini; passeth myne undorstondinj:,
I dare nothi-r diMiyi* it nor graunte it ; fiir it
is skolc-nj:iitT aboiitc uhld* I bcsyed rac nc-
uer for to know it : and llu-ri-fore I roininit
this tcnne, Accidtns sine siiijecto, to those
cicrkes uhich dclui- them so in cnriouse and
suit ill sophist rie, because they determine oft k>t
diriicullc and stniiiuiro maters* and wade and
wander so in tl.cin, \'o>u\ arjuuu-Mt to ar{:uiniiii
with prOiS- amhu, till that they wote not whrift
they arc, nor undei^tondenut them •»cli"e: but ihe
shame that tlics proudc sophittrcrs hauf ti
yehlc tlifui to men and before men, inaknlt
them ofte fo-)!)*.. and to be roncludtd slrirnc-
fully be tore (mvI.
And tbf Arrh*Ji:?hop *aid to mc, • I purp :=e
I)
11)5]
STATE TRIALS, 8 Henry IV. UOl .-^Trlal and I^ammatio^i of
[lS7ff
iK.t 10 o!.l:;:n t-jo to tl'c sutt^M in-<!ii monies of
< i» r!»v «, .jviis il.dii nrr a iiaMe tlicrio : hut I pur-
y.)<ki u> li-iiuc* t!.j irl t;.(' t') ilic fituv iiiinucioii
Hi' Jifily 1. 1 i.f! e.' — .'n.il I snid, Syr, liv open
fvidi. rrc :.u<J j.MCi;r uitnesvo a thous.'ind vearc
sill or I he li:c.iriiUfion (.I'C !iri-tc, the dctcrminn-
cioii nhkh I Iniuc here hiloic voii rchcnr^ed
"was iicccptc of holy cliurcii, «s ^'uiBc:enc to the
s^aluacion (if uU them th:it %^(;lde heleue it fnitln
fully, and uoike (iiLralU'r chnritubly. Bur,
Syr, the (!etcrp*.:ii;inun id' this mater, tvhich
"v*us hrouL;ht ir. s-m:.s iLc Vende was lusixi bv
t. ier Tl'.oii:as a«':iyri, f.»perially calling the most
woishipfiill SncniDieni (;f L'hristes owne body
an accident without suljecte, which terinc syns
1 knowc r.ot that (ioiUles;» hi we approueth it in
this mater, I daie nut pruunic ; but vtterly I
denvc to make this fricr'n sentence or onv suchc
other u)v bclcnc, do A\iih mc God wtiat x]vm\
wilt. — And the Arohchisliwp snide to me, ' Well,
v.ell, thou &hali ^:<y otherwise ur that I Icauc
the.'
* l»ut uliut sai>t I'lou toll is Poconde Poynte,
that i-j recoi'.Ied iij^eir.st the by woorihy men
of Shrewi-hury, saiii*^, that thou proachest
openly there, that Yninjiis onjihtc not to he
worshipped in ony wise?' — And 1 s:iid, Syr, 1
j>reached neuei' thus, norlhorow Ciods grace 1
will not any lyine coiisent to thinkc nor to say
ihusTiother pryuely nnr apertly : for, h) ! tlie
Lordc witne.-seth f»y Moses, that tlic thinues
which he made were ri^hte (^ood, and so then
ther were, and yet they are and shall be good,
and worshipfu!! in their kyiide ; and therefore
to the cnde that God nntde ihcin to, they nie
all preisahlc and wor.shiptull, and specially
man, that was mao'e after the Yniaire and like-
nes<e of God, ir) iu!l «or>hipfull in hi» kynde :
yc this holy Vni:v^o, that is man, G.»d worNhip-
])Cth ; and heref^ri'cnery man shuld w(jrr»ijippe
other in kytidp,aiid aUo for heaucnly vcilue>
tliat men u:;e charicaMy. Abo 1 say, woode,
tynn^, gold, syhier, t)r any other mater that
Ymaaes mc made of, all these rreaturcs are
worshipful] in thtir kynde, and to the endc that
God made them f'lr ; hut ihc k(;iiyn<^, rn^tynj:,
nor peyntyn;; of ony Yniaircry made with
mannes hande, nil bthit that ihib doin^ he ae-
cepte of man of h\L^r .3t:ite and dignitic, and
ordcnerl of them to il.t.'ni to ho n hiilcmhir
to Icude men, that nother c:ui nor will be
learned to know God in his tvorde, nothcr by
his (Teal i: res, nf)r bv hvs wonilerfull and di-
iifis woikinges; yet this Yni:«mMv oupht not to
be worbhipperl in thufnni.o nor in the Ii't;enr''«(>
of mannes erafte : ntnerthelcss that cnc ry mat-
ter that peinters peynte with, ?<ui9 it i^ (loJs
creature, oujil.t to be worthippcd in the kynde.
and to the ende thai God made and ordencd
it lo <enie mroi.
Than the Arc!. £bi-hi]»s:«id tome, 'T grannie
well that h>) body nv. (-.h to do worsiiippe t:j
any soche YmoLi** f'r »l.cin strife ; bur a cru-
riiyxe iui^lit to he wor^l)ipped for the passion
o\ Chri&te t'.at is peynted therein, and so
I rni:<:ht ilur t'loii^w to m:;nn(*> niynde : and
thus the Yniagcs uf the blcs&cd Trinitie, and of
Vipj^in Mai'\, Chribten mother, and other
Yiiuiiies of bayntes ought to be wor.*^ hipped.
T'lr lo e.:iihtly kynge;> and lorde?, whi* h ute t-i
sMid thtir leiU;r5 Oiisealid with their aimcs, or
with their prcuy signet, to men that are with
them, are worshipped of t lies men : for wLau
ihes men receiue li.eir lordt^ letters, i:i whiche
they bu and knowe the wiiies and bindings of
their iordes in worship|.'C of their lordes they
do offer li.eir (^nrLics to thes lettrcs. Wbv not
than, bias in Ync.t'cs made with mattaes haiide.
\^e may rede and knowe many liijuVrMi ihingei
of God, und of his s;iynte.«i, fthsH'Ve nut wor*
biiippc their Ymaj;es.^' — And I saydc with my
foresai<l I'rotestacyon, T say that these worldly
! vi£a;;cs of temporal lordes that he speake now
• of, mave be done in case witliont synnc : but
I thys i^ no similitude lo worship Ymages made
l-.y mannes hande, syns th:it Moses, Dauid, So-
lom"!i, ii.iruch, and other beyntes iu the Bible,
forbiddn so pleynly I ho worfiiipyng of all
«oche Ymiifics.
Than the Arrhebi>hop said to me, ' Lewde
losell, in theohle lawe. before that C-hristc loke
mankind, was no likenesse of any persone of
the Trinitie, nothcr blle^^ed to man nor knowen
of man: but nowe syns Ghriste became man,
it is Icfull to haue ymrces to shewe his raan-
hode: ye tlir>ujfh many mei^, whicli arc right
create cltrkc?, aiivl other aUo helde it un er-
rour to jeyiite the 1 rinitie, 1 !»ay it is well don^
to m'ike an'.l Ut peynte tiie Trinitie in ymages.
1 or it is great mouing of denocion to men, to
h-.me and to bcl.old the Triniuu and other
ymaiies of seyntes caruyd, caste, and peynted;
for beyondc the sea are the beste peynters that
euer 1 saw. And, syrs, 1 tell you this is their
maner, and it is a tiootle manor. Whan that
an ymatre makers liall kerue, caste in niouidei
or peynte ony images, he shall go to n prieste,
and shiyne him as clene as il he sholde than dye
and i-.iKt.' penaunce, and make some certeyn
\ow of fastyng or of praiypi.e, or of pil«;riinages
doin^e, praiyn;; the prii:-io specially to praye
tor hym, that iie mny haue grace to make a
r'airc and deuotiie ymagc.' — And I said, Syr, I
douic not yf thes peynters that yc speake ofp
or ony other pcynt'-rs, vnderstode truely the
texfc of Moses, o\ Danid, of the wi^e man, of
ilaruch, and of other seyntes nnd doctours,
tluse pevnters should bemoued to shrvue them
to God wyth full inwarde soroweof harte, tak-
ynge vpon them to doo ri^tit sliarpe penaunce
tor the synfull and vayne rrnfte of pcyntingep
karnyncic or cnbtii-jre that they bad vscd, pro-
misinjr (Jml feiihtully neuer to «Io ••o after,
kno\\h"iir»: opcniv before ail men thevr re-
prrnable eaniin;;. .And idso, syr, thes priestet
tiia'i :>hrine fa* ye do say) peintern, and iiijoine
tlu ni t-.> do pen.innce,:!nd prayefor theiicspedCi
proiu'-yn*; to rluin ht'lpe of their prayers for to
he I'li.-.'ins in tlicir svnfull craftes, sTime herein
m'K'e i^KUOiisly tiian the peynters: lor thei
prit'tc.'} iioc:miforte nnd gyue them coimscUto
do that thynce, ^Oiich of great peyne, yc under
the peyne of (roddcs cur>e, ihcy shulde vttcriy
foi byddc tbcm. For ccrtis, syr, yf the wonder-
IW] STATE TRIALS, 8 Henry IV. lAOl.— Master M'iUlum Viorpe, for Heresy. [198
I^ndon.at nurl^idy at \Vul>iiighuiu, and iimuy
other diiuTSc [liacc^ iii J*! upland, tir :ii:iiiv ^ri'.it
and prt'isable miracles duuc: sl;u!<le luit i}ie
V[na>;is of boeltc lioly se^ntis mi i j.I-.k j-, at
t\ui reucrciiee of Cun\ ami our I^i'iv, and oilier
sc^'nti'-, iie ir.oie \vorblii)i{iid than iiiliLT pLiciit
and jni'.igc's wlier no t-nvhe miracles ur done ?'
— And 1 said, Sir, tlur 14 no soclie vertuc in
ony yningery, tliut ony yniagis sliolde herelore
be worship).>ed : wherefore lam ceriein, thac
tlier is no miracle done of God in ony pl'.ice
in citiie, l>ecau^' that (my yinai;is made ;^lth
mannis Irande isholdc be worsiiippid. And i «.>re-
fore, Sir, as 1 preached openly at Shrew i-<<.iiry
and other placii, I say now here befiiic you,
that no body shulde truste that iher war ony
rertue in ymagery made with mainiis hande,
and here for no body sholdc vowe to them, nor
scake them, nor knele to them, nor bow to
them, nor pray to iheni, nor oA'er any thingc
to ihcm, nor kjbsc ihcni, nor cnccnbe theni:
for lo tlif* most worthy of buchc ynia^is, the
broscn serpente by IVJoyses made at (Joddi!!
bidding, tlie (;oode kywg ]''./.echie destroied wor-
thily and thankefully, for byraube it wes en-
censed. Therefore, s-ir, yf men lake <!oodc heile
to tiie uritiiii; and to the lerning of Sey nt Au-
gustine, of beynt (iregory, and of ^eynt John
Chii.'ji.tiime, and of other ^eyntia and dortours,
how ilicy sjiea'iie ami write of miracles that
shall be done now in ihf^ hist cndeof the woilde,
it is to drcade, th:it fi>r (he vnfeithfulnes>e of
men and women, the Icnde hath great power
for to worke nuuiv of the miracles that now ar
done in soche placib : for botlie men and women
delytc now more for to hearc and knowe mi-
racles, than (hev do to knuve Goddis wr)rdc,
or to hour it eificluonslv. Whcrfore to the
{:reat confusion of ail tlicm that tlnn doo,
l.'l.ri-to siiith, * The '.J-'cion of udultcrei* rr-
fjuireth tikyns, miiatli-' :i:id wonders.' Ntucr-
ihclcc!-c as diurrse sc viiiit sav, now whan tlie
feitlie of (tod i^ published in C'hristendoine, (he
wordc of (io'l buHlctth t'> mannis saluari->ii
without soche (niracle^ ; and thuH aKo (in*
wordc of God stitViccth to ;i!l fcithfuU men and
wome!i, without ony i-ochc yinagis. But, goodc
sir, syns tiic I'^athcr of Jieucn that is God in
his Godhead, ii the mo.sie unknowen thing that.
may be, and the mostc wonderfulUpyrit, hauy-
ing in it no shape or likeni^se of ony members
of ony dcdely ereature ; in what li!iencsst> or
what ynuii.e niay God the Father be shoivid
or pcintyd ? — And tlie Ardiebishop said, 'As
liolv (.!hir( !ie hatii s^iVrrid a:ir| vet suifcrith the
VuiuL^is of all the Trinnie, and other vmaniH lu
be peyniid ::ri<l »>!ieuM, s.nhccth to them tbi.L
ar meinlii'cs of holv (.'hir<-he; hut svns thnu
art a rotten meiuhrc, cull away fioni holy
Chiiche, thou faucrcst not the ordinannce
thereof. I)ut syns the daye pas^ith, leaue wo
this niatlev.*
And than ho «-aid to mc : ' What saist thou
to the Thirde Pov'stc that i-i certified n«:ain«c
full werking of God, and the holy iuiyngc and
tcacbynf^is of Chriate, and of his apoMles and
pruphcics, were uiade knowcii to the people
bv lioly lyuynge, and true and be:ty teachynge
Qi prie3i«ak ; these thyugcs (lyr) were Millicient
boktsi und kalendartb to knuwe God by and
his 5a\ntes, without ony yniagcs made with
uaniMM huud : but cert is the vicious lyuyni^e
of phe&trs, and their couetuusncsbe, are chete
cftue of thi» crrour, and all other viciousne»se
ikA reigueth among the people.
Ihan tlie Archebishop baid unto in«>, ' I
feide die a vicious priest and acurstc, and all
rittn ih»i are of thy sectc ; for all pncbtes of
kolj Chirchc, and all ymages that mouc men
ladeuocion, thou and »oclie other go about to
4c»tiUT. Losell, ware it a feirc thing to come
laio a Cbirclie, and see therein none Yniage?'
Aad I taidf Syr, they that come to the Chyrch
tar to pray deuuutly to theLorde Gud, may in
ikir ia%iarde wittcs be the mure firuent, that
all their outwarde w iites be closed fro all out-
ward feyage and hearing, and fro all dibtro-
Uanoce and lettingis. And sviit Clu-isie blessed
ifaeai that saw him not bodely, and haue be-
kayd feithlViUy io hyra ; it suHicvth than to tdl
■CBy tltoronr Iwuriug and knowing of Goddis
««rde, and to doo there after, for to beleue in
Gfid, thougli I hey see neuer ymagis made with
■aonis hau<ie, after ony person of the Trinitie,
tf ol uay other seynte. — And tiic Archcbisliop
tud to ate with a tieruent spy rite, * I say to the,
ioKil, that it right well done to make and to
tue an yniage of tlie Trinitie, yc what sai^t
bM ? y s It is nut a stiering thinge to behohic
ncbe an jinage?' — And I said, Sir, ye said
nf^BOw, that m the olde luwe, or Chiistctoke
■ukjnde, no likeney>de of ony person of tlic
Inanie was shew id to men : wherefore, sir, ye
•vdiwasnot than Icfull t'> haue vmagis ;
Mat* ye bay, syns Chrisic is bceoiui-n man,
si aJe;'ali to make and to huuc vw ynage fif
at TriQittf, and also of other ^cyntib. But, syr,
tfeis thing wulde I learne of you, syns the Father
M Ueuen, ye and ciiery person of the Trinite
vai witlkuut beginnyng God AlmigLty, and
■aaj holy prophcti3 that wrr dedely men wer
■arttfeted \iulenUy in ilie olde liiwe, and also
■any mtn and women thao died holy confes-
tMf^: why Mas it not than as lefuU and ne-
ffnaric a& now to have made an yma^e of the
f t:bt:r of ilenen, and to iiaue made and hadde
itber }ma^ii of martics, propUetis, and holy
dMifeMOur?, to haue ben kalcndaris to aduise
bKfi, and move them to dcuucion, as ve say
tat jmagii now doo ? — And the Archebishop
w'i, • I'iie biiiagogue of Jucs h idde not au-
taurite to ap}i4-uue ihes thiiigis, as the Ciiirche
«■ C'hri6te haihe nowe. — And 1 said, .^ir, i>eint
Cn^ry was a great man in the ncwe lawc, and
^fnmc dignitie : and as the coinmon la we wit-
>ririth, lie comniendid greatly a bishop, in that
Ik ibrbadde utterly the ymagis made with mnn-
bi handc, shoide be wArsliippcd.
And the Archebialtop said, ' Vngmciruis Io-
iai, thou fuucrist no more tremthc than ao
^laide, 9JU9 91 liie ruodc at the northe dore at
the, preching openlv in Shrewisbury, that pd-
griinage is not Ichi'l? And oucr this tlio'i.
saidist, that those mm and no:ncn that •■•1 i/ii
lyyj
STATE TRIAI;?. .^' ITrNRY IV. WOl.^Trial and Rraminatlonof ^JM
{)ilj;iinmjs lo (.'anti^rljery, to I»ciurrIoy, to Knr-
iiii;lui)| to \Val&iii;^liaino, :in(l to uity bCicho
otht:r plucis, ar accurirrl, and Dia'ie t'uolidch,
spending; their c^oodes in waste/ — And I s:ud,
sir, hy tiiib Certificacioii I am accused to you,
that I siiolde teachc tliat no pilgrimage is Icfull.
But I said neucrthus: for I knowe ch:it thcr
Ik! trcw Pilgriinagis, and lefull and lull plesaunt
to God: and tliereforc, sir, ho^v so cucr uiyne
enemies iiaue certilicd yuu of me, I tolde at
SJirewisbury of two mancr of pilgrimagis. — And
theArchcbibhop said tu me, ' wliom callest thou
trewe piluiimes ?* And I said, Sir, with my Pro-
testaciou 1 call them trewe pilgrcmis trauelyn
toward the hlisso of lleuen, which in tiic state,
degree or ordre that God callcth them, duo be^y
them fcithfully for to occupic all their wittes bo-
dcly and gostcly, to knuwe trewly and to keape
feithfully the bidtlingcs of God, hatyng and
ih^yng all the sencn dcdcly synncs, and euery
braunchc of thcni, reulynj; them verteuousl'y
(as it is said helore) with all their wiites, doyng
disTietely, wilfully and gladly all the werkis of
mercy bodely and gostely after their connyng
and power, nhlying tliem to the pyftes of tht*
Holy Goste, disposing them to rcceyue in their
foulcs, and to holdc therin the ri^ht ble^singes
of Ciiri!)te, bescyng tiicm to knowe and to kcpc
the >c'uc-iic piincipall vertut-s; and so than ihcy
5hall <)ljt<!\-!ic here thorow crace for to use
ihunktiiHv to God all the rondicions of cha-
ritie, t-.ncf than they s-hall he moouyd with the
p'od j-pirite of God fur to cNamyne oft** and
riiiiL'ently their consciinre, that nuiht-r willnlly
nor V. iltnii;ly they t:nc in «)ny article of beicne,
liaiiyn'^ continually ^i> fraille will j-ntVer) all
their he-ines-e to drerh- and to flee the oili-nce
of God, anil to loouc oiwr all ihinn, and to ^rke
(.•U(T to doo lii:« ple.isaunt will. Of these pil-
pvemis I ^ail^, what sn c u'l* uoode thouiiht that
they ony tyuie think r, uhat vcrteuous uordc
that they speake, ai»«i wli.ii frui»«full workc ih'it
thev worke, eueiv soitlu* thoir^hte. wordi* and
. wcrke i« a steppe nouuiheied of Oti(\ toward
hym into ileuene. 'V\)e-r% foisaid pilii^rentioofGod
delvte sore whan thev he:ue uf scvnii> or of
vcrieuour* nun and women, how ihey forv>ke
wilfully the ]iro«5peiity of this lyfe, Iidw ilwy
v.itlL-»tode the siiiiirestion of the Tende, how thev
rcstreined their tleschly h)?»te«. ; lu)w iljMrele
they wer in their penaunre doyng ; how pati(?nt
they wcr in all their ad ve: sites, how prnrieni
they wer in councelinj; of nien and women,
m-ji.uyng them to hate all >\nne, and to flyc
them, and to shame eitcr gie.iily thereof, and
to loviL* all vert tic *4, and to »iraw to ihcm, ym:i-
ginyn;: hov^ C'hn>teand his t'*li>.*er3 hy example
of iiym, sufTered ^koniis and <>claunders, and
htiw pncienily iht-y ahotle and toke the wrong-
full manasyng of tyrumtis, ht)w homely they
wer and seruisahlc to puore men, to relieue and
eornforte them bodily and nu^tcly after their
power and connyn<», and how denote they wer
in praiers, how feruent ti.ey wer in heuenly de-
«\re««, and how iJiey abx^nU'd them fro STierta-
f\vs uC veyne teyne^s, and hcurin|rif, anri how
stable they were to lett luid to destroye allvices^
and iiow lahorians and joifull they wct to suwc
and to plante venues. Thes heuenly condi-
cions and soche other haue the pilgremis, orcn-
deuer them fr>r to haue, whose pilgriniagie God
acceptith. And ageync I saide, as tlicir werkit
shew the mobte port of men and women that go
now on pilgrimagis have not thes forsaid con-
ditions, norh>ueih to he«iy them feitlifully for to
j have. lor as I well know, syns I have full
I ofce assail le, examyiie whosoever will twentio
, of thes pilgrimis, and he shall not fjnde thre
i men or women that knowe surely u commaund-
I ment of God, nor can say their Pater-noster
I and Ave-marin, nor their Credo redely in ony
j maner of language. And as f have lenmid
I and also know somewhat by experience of thes
I same pilgrimis, tellyng the cause why that inanj
: men and women go hither and thither now on
pih^rimagcs, it is more for the helthe of their
I bodies than of their soules, more for to haiw
; richcsse aiul prospcriiie of thys wurlde, thaa
! for to l>e enryched with vertnes in their soub,
I more to have here worldely and fleschely friend-
shiji, than for to have friendship of God and of
Uib seintes in lleuen. For wliatsoeuer thin^
man or woman dot he, the friendship of God,
nor of ony other seynte, cannot be liadde
without keeping of Goddis conmmundenientis.
iMkriher with my protestarimi I say now as I
said ill Shrewisiiury, though they that haae
llesrhfly willes traiic>ll fer their liudie^y and
.Npende mekill money to seake and to viiute the
bonys or ymagis (as they say they do) of this
»cynte or of that : soche pilcrimage goyng '
ther praisible nor thankefidl to God nor loony
M>inte (}f God : syns in elVcci all soche pil^rimes
despise God and all his cummauiulmentYS and
seyiiti<. VoT the coimnaundmentis of God they
will not her knowe nor keape, nor confurme
them t') lyuc vert «.uoiisly by example of Chrisie
j and of his M-vniis. Wheieforc syr, I haue pre-
\ rhid and t.uicht npeidy, and so I purpose all
I my lyfe Uinc lo do with (lods helpe, saying that
sof'lic fond j.eople wasi bhimefully Gods goods
in tiier veyne j il;:riinai;is, spending tiieir ^oodes
upon viri'ius hostelers, whicii ar ofic vnclene
women of their hodic-s ; and at the leste those
uoodcs with the which thci shuuhle doo werkis
ofmerric after Goddis bidding to poore nedy
men and women. Thrs poor mennis f^oodes
and their lyuclode thes runnrrs al>out ort'er tor
riche pricstis, which have ntekiil more lyuelode
thftn they neado : anfl thus those goodes they
waste wilfully, and ^pendc them viijustely
aireinst Goddis bi'lrlinir upon straungers, with
w hich th^-\ >holdi: helpe and releue after God-
dis will their poor nedy neighliours at hiime: ye
and oucr thi<» folv, ofle tvmes diuerse men and
women of thes runners thus madtv hither and
thither in to pil<;rimnge borowe hereto other
mennis goo(h*s, ye and sometyme they su*le
menni> goodes hereto, and they pay thciu neurr
agein. Also sir, 1 know well that whan diuerse
men and women will go thus after their own
wiiles, and fynding out one pilgrimage, ihey
will orden with them before to haue with them
botli men and women that can well syiig wan-
W] STATE TRIAUS, 8 Heshy IV. I lOT,— .V/i.s^«' IVilliam ThorJ>e,for Heresy. [202
Rm wnscftand some other pilgremis will haiic
«iifa than baege pipes ; so that euery towiie
iher CMu^ thniwe, What with the noyse of their
smin^, and with the sounde of their piping,
no with the jangelyn^ of their Caiiterbui^
bfllii, and with the harkyng out of dogeis
lAer them, that they make more noise than if
ihe kyng came there awaye with all his clarions,
md aaoj othar menitrelles. And if these
an wid women be a moneth in their pilgri-
wa^ many of them shall be an half year after
peM jaiwelerSp tale-tellers and lyers/
And the Archebishop said to me, ' Lcude
JmU, tbou seest not ferre ynongh in this mater,
fcrdKrn considerest not the great traueil of
lilraajs, therfbre thou btamest that thing that
■ imisable. I say to the that it is right well
mag, that pilgremys linue with them lioth
ai^eft, and also pipers, that vthan one of tliem
iM g«)eth barfVjte striketh his too upon a
MM and huneth hym sore, and raaketh hym
liblede ; it is well done that he or his felow
hi|jB than a songe, or else take out of his bo-
■OK a basge-pype for to driue away with
■cbe myithe Uie hiirte of his felow. For
vilb iochc solace the traueil and werinesse off
pWmnes is lightely and meriiy broughte
Mlhe.' — And I said, ' Sir, sevnte Paule teach-
ilkiBcn to wepe with them that wepe.' And
the abp. said, ' What janglist thou ageinst
■niui deuocion ? what soeuer thov or Hoch
«dwr say, I say that the pilgrimage that now is
ncd, b'lo them that doo it apraysabic and a
fiod Bieane to come the rather to grace. But
Ihslde the unable to know this cjacc; for
itou cnforsest the to lett the deuocion of the
ytaylt: syns by authoritie of holy scripture
Mnnaye IcfuUy have and use socfie sohice as
te icprouest. For Dauid in his laste
paha teacheth me to hauc diucrse instru-
■Maof music for to praise thcrwith God.'
iW/iaide, Sir, hy the sentence of diucrse
^KtBers expounding the psalmes of Dauid,
ike Mosike and menstrelcy that Dauid and
cte seynte^ of the olde lawe spake of, owe
vm Bother to be taken nor used by the letter,
^ d:es instruments with their musikc ought
kbemterpreted gnstely : for all those figures
nv called %-ertueband graces, with which ver-
tmmen slvWde please God and nrnise his
uae. For saynt Paul snith. All socli thynves
MJJ to them in figure. Therefore sir, I ini-
dentaund that the Jetter of this psalnic of Da-
uid. ami of sochc other psalmes and sentences,
^he sif-c iliem that take tliem now lerterally,
Tha sent4-nre I nnderstond syr, Christ ap-
pniucth himself, putting out the mcnstrelies, or
that he w<iide quycken the flcadc damsel!.
And the abp. said to nic, < Lendc losell is ii
v)t lefull to IIS to haiie organes in the chirrhe
fcwT'jworkhip tlierwithall (>od?* And 1 said.
* Ve. svr, hv mannis ordvnaunce, but bvthc or-
miurire of God, a poode scrmnnnc to ti^e
peoples ondrr^tondyng were mekill more ple-
Niint to GimI.' And the abp. sayde, 'that
'n^frs and sood delectable son(;e quykened
iBd iliarpeued more mennyi i\itts than sholde
ony sermonnc.' l^iit T said, Sir, lusty men
and worldly loucrs delytc and couet, and tra-
ueil to haue all their witts quickened and
sharpened with diucrse sensible solace : but all
the ibithfull louers anfl folowers of Christe hauc
all their delytc to heare Goddis worde, and to
vnderstond it truely, and to worke theratler
faithfully and continually. For no doute to
dreade to ofTende God, and to loue to please
him in all thing, quyckeneih and sharpeneth
all the wittes of Christes chosen people : and
ableth them so to grace, that they joye greatly
to withdrawe their earcs, and all their wittes
and membres fronie all worldly delyte, and
from all flescbly solace : for seynt Jerome (as I
thinke) saith, * No l>ody may joye with this
worldc, and reigne with Christe.* And the
abp. (as yf he had been displeased with myno
answere)'said to his clerkes, ' What gessc yc
this ydiote will speake there, wher he hath
none'dreade, syns hespenkcth thus nowe here
in my presence ? Well, well, by Godthou shalt
be ordened for.* And than he s]iake to me all
angerly.
• What saist thou to this Forthe Pointe, tliat
is certifu^ against the, preching openly and
boldely in Shrowisbury, that pricstcs haue no
title to tythes ?* And I said, * Sir, T named lUvr
no wonie of tithes in my preaching. But,
more than a moneth after that I was nrreasted
there in prysone, a man came to me in to tlic
pr>'son SLskynge me what I sayde of rythes.
And I snide to him, Sir, in this towne are many
clerkes and priestes, of which some are called
religious men, tnough many of them be secu-
lers, therefore aske ye of ihem this question.
And this man snide to me, sir, our prelates say,
that we ar also obliged to pay our t\tlu's of all
thinges that rcnewe to us ; and that rliey ur
ncursed, that witlHlrawt* ony part wittingly fro
them of their tythes. And I said, sir, to that
man, as with my protcst:u yon I sny now here
liefore yon, that I hadde wonder that ony
prieste dare say, men to he iicnrscd without
groundc of (voddis wonU*. And the man said,
sir, our prie^tes say that they rurse men thus
by nnthoritie of Goddes law. And 1 sayde,
s»i*r, 1 know not wher thi-* sentence of cursini; is
anthoritc^d now in the IJible. And therfure,
syr, r pray you that yc will asko the mostc
conning rleike of this Towne, that ye may
knowe wher*' ilii?i sentence cnisyng them that
tyihe not now is written in (ioddcs lawe: for
vf it were written there, I wohle rit;ht gladly l>e
learned where. But sliortely this man woldc
not eo from ine, to aske this question of ani)-
ther body ; but n^quinnl me then*, a-* I w»»lde
answerc Ix'tore (io<l, if in this ease the cursing
of priestes wer lauful and approued of Gud.
And short(*ly herewith came to my mynde the
learnync of s*'ynt Peler, teaching priestes espe-
ciallv to halow the l^>rtl Christ in their hartes :
l>einpe euermore rcdye (as ferre ns ni them i>)
to aoswrrc' thorowe faith an«l hope to ihciu
that aske of tliem a re:ison. And thi> lesxin
Peter teacheth mm to use w iih a mekc spyrit,
and with dreade of the Lord. Wlicrefore, syr.
203] STATE TRIALS, 8 Hinhy IV. \i07 .-^Trial and Exammaiion qf [20i
I said to tliis mnn in this wise : In the old
lawc which eiid^d not fully till the tynie that
Christe rum up a^uyn fro dethe to lyfc, God
conmiaunfied tythes to he gunen to liie Lcuites,
for the great hcsyncMte dnyly trauell tliat j>er-
t:iyned to their oihcp. But pricstes, herause
their trauell wus inekyll more e:isy and li.^ht,
thi\i\ was the office of the Li'uitcs, God ordeyn-
cd that priestes should take for their lilelode to
do their office, the tenth part of tho tythes that
wer giueii to the Leuites. But nnw (I said) in
the newe lawe nother Christe, nor ony of his
apostlffs tooke tythes of the people nor cr>ni-
muunded tlie people to pav tytlu'S notlier to
priestes, nor to deacons, but C'hriste tauglit
tli€ people t(» do ulmesse, that is werkes of
mercy, to poor nedy men, of 8ur{)luse, that is
Kuperfluoiise of thcjr temporal i^oodes, which
tliey liadde more thiui them nedid reasonably to
their necessary lyuelodc. And thus (I said)
not of tytlies, but of pure almesse of the people
Christe lyued and his apostles, wlian tliey were
so besye in teachynge oflT the worde of God to
the people, that they miii^ht not trauell other
wvse for to gett their lyuelnde. But after
Christes ascension, and whan the apostles had
receyued tlic Holy Goste, they traueled with
their handcs for to get their lyuelode, whan
that they mv^ht thus doo for besye preach-
jnge. Therctorc by example of hyniselfe Scynt
Paule teacheth alt the priestes of Christe for
to trauell with theire hande, whan for liesye
teaching of the people they myght thus do.
And thus all these priests whose priestehode
God acccpteth nowe, or will accepte or dyd in
the apobtles tyme, and after tlieir decease, will
do to tiie worldes ende. But (as Cisterciensis
telleth) in the thousande year of ourc Lordc
Jesu Christe, two hundreth and a Icncnth yere,
one pope the tenth Gregory ordened new
tythes 6rst to be gyuen to priestes now in the
newe lawe. But Scynt Paule in his tyme,
whose trace or example all piiestcs of God en-
force them to filow, sryng the coiicotusnesse
that was ainon;; i he people, desyrynge to de-
stroye this foule syiine thorow tlie grace of
God and the true veiluuu>e lyuynge an exnni-
nle of himscllc, v^rntrc and taught all priestes
tor to folone him uh lie folowcd i!bri*tc paci-
ently, willin<:ly, and gladly in hys Pouertc.
Wherefore I'nule sniihe thus, the Lorde hath or-
dened that they ih:it preache the Gospell shall
lyue of the Gospel I. Hut we (saith Paul) ih^t
couet and besy un to be fcithfull folowcr-t of
Christ, vse not ihis power. For lo fas Paul
witnf sseth afierwnrdc) whun ho wa% full pore
and nedy preaching among tie people, he
was not chargeous vnto them, but with his
handes he traueled not only to get hi* owne
lyuynge, but also the lyuyng of oiher poore
and nedy creature!*. And .syns the people
was never so couerouoe nor so auaro&e (I
ges*>€) AS thei arc now, it were grxid counsell,
that all priestes rake good hede to this he-
uenly Icarnyng of Paul, folowing liim here, in
wilfiitl pouerte, nothing charging tlie people
ibr (heir bodcly lyuelodc. But because that
many priestes do.contrary to Paule, in this for^
sayde doctrine : Paul biddeth the people take
hede to those preystes that foluw him as he had
geuen them example. As if Paul wolde say
thus to the people, Accept ye none other
priestes than tliei that lyue after this fourme
that I haue tauchte you. Ftir certeyn in what*
soeuer digniiie or ordre that ony prieste is in,
yf he conforme him to folowe Christe and his
apostles in wilful pouerte, and in other heuenlj
venues, and specially in true preachynge of
Goddcs wqrde ; though soche a one be named
a prieste, yet he is no more but a priesie in
name, for the worke of a very prieste loch a
one wanteth. This sentence approueth Au-
gustine, Gregory, Cbrysostome, and Lincoln,
plainly.
And the Archebibhcp said to me, * Thinkest
thou this holsome learninge for to sowe openly
or yet priuely among the people ? Certeyn this
doctryne contrarieth playnly the ordinauncc of
holy Fathers, which haue ordcncfl, graunted
an«j[ licensed priestes to be in diuerse* degret,
and to lyue by tythes and offi-ingcs of the people,
and by other deuties.' — And I said, Syr, if
priestes were now in mesurable niesure and
nombre, smd lyued vertuously, and taucht be-
syly and truely the word of God by example of
Ciuist, and of liis apostles, witiuiuten tythes,
otiferynges, and other dewties that now chaleneo
and take, the people wolde gyue them fired/
sufficient lyuelode.
And a CIcrke said to me, ' How wilt thou
make this good that the people will gyue frdy
to priestes their lyuelode, syns that now by tM
lawe euery prieste can scarcely constrayne the
people to gyue them their lyuelodc }* — ^And I
said. Sir, it is now no wonder, though the peo-
ple grudge to cyue priestes the lyuelode that
tliey aske; for niekill people knowe now how
that priestes shulde lyue, and how that they
lyue contrary to Christe and to his apostles :
and therefore the people is full heuy to pay«
(us they do) their temporall goodes to persoaei,
and to other vicares and priestes, which sholde
be feithfull dispensatour^ of the pareshes goodes,
taking to tl*etnselv€s no more but a scarce ly«
uing of tythes nor of otfrynges by the ortli«
naunce of the couion lawe. For whatsoener
priestes take of the people, he it tyihe or ot-
fering, or any other deutie or seruyce, the
priestes ought not to haue thereof no more but
a bare lyuinc, and to parte the residew to the
poore men and women specially of the pa-
rishr, of wliom they take this temporal lyuynge.
Itut the mo-kt defc of priestes nowe woateth
thi'ir pareshes goodes, and spendeth ihem aC
tlieir owne will alter tlie worlde in their vevne
lusres, so tliat in few places poore men liaue
dewly (as they shulde haue) tJicir owne siistc*
naunce, not her of tythes nor of offeryuges, nor
fjf other large v«ages and foundations tliat
priistcs take of the people iu diuerse roanen
alioue it, that they nede for ncdefuL sustenaance
of meat and ciothingc. But the poore nedj
people ar forsaken, and Left of priestis to be sus«
teinyd of the parosbeois as if the pricstii tok«
20i] STATE TRIALS, 8 Henry IV. \ ^07. ^Mfutcr mUiam Thorj>f, for Heresy, [206
Bodiine of ttie parosheiiisy for to help the poor
\'ti»\>W v«ith. Aud tiius, tyr, into oiicr great
cnaiL'LH of the p;iro»liriiU tiiey puy tt.iiur luiu-
poral eiiodi tnicc, whcr oiii'h inyght sulFiLe, if
pne^ris wer irew ilisutfiisatours. Also sir, tlie
paroUienvi that pay tiier temporal goodes (be
Ihey tytlMft or ufiferiiigeh) to priescis that doo
bjC tlieir ottice unioug ilicin ju^tely, are parte-
oen oi euery syniic of tho»« prieatis ; because
:hat tiiey buaieyne those ^priestiii hoIj in tiieir
senile with iheir temporall goods. Yf tho^^e
tiuDg« be well coDsiderid, what wonder is it
ctan, syr, if the parosheuis grudge ageinst ches
d ^penKitours ?
Than the Arclteljishop said to me, ' Thou
that shuuldest be judged and reulyd by lioly
chi.che, presumptuously thou demest holy
chircbe to haue erryd in the ordinaunce of
irthes and other dewtics to be payd to pristis.
h iball be long or thou thryiie loseil, that thou
dopicest thy gostely mother, liow durist thou
not
I
in the old hi we to Lcuites and to the pnc^tis,
that canae of the lyntigc of Lcni ; but our
prim lie saiih came not of the lyna^e ot' Leui,
091 of the Ivnn^e of Juda ; to \y hirh Juda no
tnfan were pniunsed to Ije gcuyn. And ther-
fote Paul Ml illy M'ns the priest liode is chaunced
fron t .e ^nc ration of Leui to the gcncracion
•f Judi, it is necessary that chauiigync; also be
\ Bide of the lawe. So that priostis lyue now
without tvthes and other dewiies that they now
\ ddine, f(«lowin^e Christe and his apostles in
• vdrabpooertic, n& they haue s^euyn them exam-
ple. For swib Chri-lt.'lyued all the tyine of his
V^ncLin^ bv purA :dmcs of the peofjle, and by
«ur,pt*if }iMji i,i^ a))r>Ktks lyued nil the same
«T«,i)rfr;, \jy iIjc tr.'.iivll of thfir haudi>, ns it
^ siiiittouv, eoory pricsie whose priostiiode
i (-AnK^ippniUvth kmm-ith well, ami conferMtlt
1 -II "orde and in t^crke, tluit a flisciple (mith
< not fj he ahoiie his master; hut it sutficeth to
i disciple to be as his muster, synipic and pure,
ackfe and patient ; and by cxaniplt- specially
•f his master Christe, euery priest should raulc
*inn ia all his lyuynge, and so after his conntng
n4 fiowor a pricste sliolde l)esy him to en-
^Minne, and to reule whome socuer he myght
<A»rirably.
And the Arcliehi^hop said to nir with a threat
i;'irire, ' GocJdis curse liace thou and tnvnc
) jt this teaching ; for thou wnldist hereby in-.ikc
■'^ oidc liiw more fre and perfect limn the new
.■«p For rhou saist that it is lei'uU to Lcvites
i!H to ptie!»tis to take tythts in (he old lawc^
»d »•-» to enj<iye tlieir privilejjies ; hut to us
pT^tnii in tlie new lawe tliuu s'iii>t it is not
•^il to take tythes : and thus thou gt'iiicst
LtTiiies of the olde hi we more Ir^domc th:in to
fw^'M nf the new lawn.* — And 1 t-aid, Sir, I
• jmiriJ that ye vuderstondc this ptaync t»?xt of
^^1 rhus. Ye wute well, that the Leuites and
P^Ht) in tlie olde lawe that tooke tythes, wer
<^w frt nor so pcrfitc as Chrisic and liis apos-
''iihac tooke no tytlies. And sir, there u a
doctour (I ihinke tlint il is Soynt Jerome) that
bniih thus. The ]iri(*stis that chaleiige now
ill tho new 1hw(> tythes, say in etlecie, lliat
Chribte is not iKToiiien man, nor that he hath
yet hutfered dethe for munnis louc. Wiierfore
this doctour saith thys sentence^ Syns tythes
were the hyrcs and wagis limy ted to Leuites
and to pric»tes of the olde lawe for bearing
about of the tabernacle, and for sleayng and
Heayng of l>eabtis, and for burning of sacrifice,
and f()r keeping of the temple, and for tromp-
ing of butieil l»efore the oste of Israel, and
other diucrsc obseruauncis that perteinyd to
their oflice ; those priestis that will chalenge or
take tythes, denye that Christe is coinen in
fleshe, and doo the priestis office of the old lawe
for whome tythes were graunted; for els (as
this doctour saith) priestis take now tythes
wrongfully.
And the Archebishop said to his clerkes,
' Hcrdc yc eucr losell speake thus? Certeyn
this is the learnyn» of them all, that wher so
e\cr they coinc.and ihcy may be suffered, they
enforce them to expunge the freedome of Holy
Chirche.' — And I said. Sir, v\hycall you the
takyng of I'ythcs, and of sochc other dcwties
that (jriestes chalenge now wrongfully, the fre*
dome of Holy Chirche? syns nother Christe
nor his apostles chulengidnor tuokc soche dew*
ties. Hcrefore thes takyngis of priestis now ar
not callyd justely the fredome of Holy Chirche;
but all sochc geiiyng and takyng ought to be
called and holdcii the sclaunderous couetoos*
nesse of men of the Holy Chirche. — And the
Archebishop said to me, *' Why losell wilt not
thou and other that ar confcdered with the,
seake out of Holy Scripture, and of the sen-
tence of doctour'i, all sharp authorities ageinst
lord is, and kiu^htis, and squyeris, and ageinst
other secnier men, at thou doeste sgeinst
priestcs?* And I said, Sir, what so cuer men
or wuinen, lord is or ladies, or ony other that
ar present in our preaching specially, or in our
cumniunyng, afttr our connyng we tell out to
them their oflice and their chnr^i^es , but syr,
syns Chrisoittoine saith, that priestis ar the
stomake of the people, it is needfull in preach-
ing and also in communyng, to be most besy
alxiut this priesihode, syns by the viciousnes of
priestis bncii lordis and commons ar moslesyn-
fully infected and Icdde into the worste: And
because thnt t)>e couetousncss of priestis, and
pride and the hostc that they haue and make
of their dignity nnd power, destroicth not only
the veitufs of piiesthode in pricbtis theineclfi*,
hut also uuer this, it bticreth God to takegreate
reni;c>iiin(-e both upon lordis and coinoos,
which sutlLr thci priestes ch;iriiably.
And the Anliebishi}]) s.iid to mo, < Thou
judgest eMiTy prii-ste proudc that will not po
arayed as thou doste. Uy God I denie hym
to be more nn kc th:it gneth euery day in a
scarlet go wne, 1 1 rm thou in that tlirede bard
blew gfjwiie. Whereby k no west thou a proiide
niam r* — And I said. Sir, a pmudc priestc may
be knowen when he denyeth to foluwe Christe
and his apostles in Viilfull pouerte and other
207] STATE TRIALS, 8 Henry IV. U07.-^Trial and Eximinaiion qf [20B
vcrtucs, and couttitli worldtv wonhip, and
tiiketh it gliidly, and g^itlieriih' to gitlier with
pletyngy nianasyiig, or witii tiattcring, or with
simony ony worldly goodes: and uiosie if a
prieste besy hym not chetV'ly in himself, and
alter in all other men and ivoinenf afttrr liis
connyngand power to withhtond svnne. — And
the Archcbishop buid to nie, < Tliough tliou
knewest u prieste to hauc all tlies vices, and
thongii rawest a prreste lonely lye now by a
uonian, knowing hir fleschly; woldest thou
faerfore denie this prieste dainpnable ? I s^iy to
the, that in the tournyng about of thy hande
soche a synner may be verily repented.' — And
I 8:ud, Sir, I will not danipne :my man for any
synne that I Lnowe done or may be done, so
that the synner leueth his synne. But by au
tlioritie of holy Scripture, he that synneth thus
openly as ye shew here, is dainpnable for doying
of soche a svnne, and most especially a prieste
that sholde uc example to nil other for to hate
and Jlie synne; and in how short tyme that
cuer ye say that soche a synner may be re-
pented, he oweth not of hym that Lnowetli not
iiis syunyng to be judged veriiy repentaunt,
without open euidencc of grcate shame and
liartv sorow for his >vnne. For who^ocuer, and
specially a prieste thatVACth pride, enuy, coue-
tousnes, lechery, simony, or ony other vices ;
and shewith not as r)pyn euidenco of repen-
tuunce as he hath gyucn ouyll example and oc-
casion of synning, if he contynew in ony soche
synne as long as he may, it is likely that synne
Icaueth hym, and he not synne ; and as I vn-
derstonde, soche a one synneth unto dcthe, for
whome no body oweth to pray, as Seynt John
saiih. — And a Clerk e said than to the Arche-
bisliop, ' Sir, the lenger that ye appose him,
the* worse he is ; and the more that ye h(*sy you
to amende him, the waiwarder he is : for he is
of so siirewde a kynde, that he shamylh not
oncly to be hym>elf a foulc neste, but without
shame he bcMeth him to make his neste fouler.'
And the Archcbishop said to bis clerke, * Suffer
a while, for I am at an cnde with him : for
there is one other poynte certified ageynst iiym,
and I will heare what he saith thereto.'
And so than he said to me, * Lo it is here
certified agein^t the, that thou prcarhidstn|K:nly
at Shrew ihburx, that it is not lefiill to sweare
in ony case. — And I said. Sir, I preached
neucr hi openly, nor I haue not tauchte in tiiis
w isc in ony place. But sir, as 1 preacliid in
Shrew i-jbury with mv prott'stacion I say lo y«»ii
now here; that by tlie authoritic of the (>ospel
and of Seynt James, and by wiincsse of diuerse
Si'yntis and doctnur>, I haue preachid openly in
one place or other, that it is not It-full in ony
cast* lo swearc by ony creature. And oui-r this,
sir, 1 hauc also pmn hid ami tauchtt: by the
forsaid authorities, that no IkmK shoUlc sweare
ill «.*nv cabC ; if that without othc in ony wvsc*
he that i> ciiar>;ed to sweare niy^hi excuse hym
to thviii that hauc power to rompcll byiii to
sweare in IcfuU thyng and laufull. But if a man
may nut excuse hym withniit othe to tlieiu that
hauc power lu compell Jiyin to kwcarc, than he
owght to sweare only by God, takyng liiro oiiely
that is suthefusteoesse^ ibr to witnesse the &othe-
fustenesse.
And than a Clerke asked me yf it wer not lei
full to a subjecte at the bidding of his prelate
for to kuele down and touche tne holy gospell
booke and kysse it, saying, ' So hcple me Ood
and his lioly Dome ;* for he sholde after Irs
coimyng and power do all thyng that his prelate
cominaundeth hym. — And I said to them, 'Sirs,
ye speke here full generally or largely : What if
a prelate coniuiaunded his subjecte to doo an
unhiwfull thyng, should he obey thereto?
And the Arcliebishop said to me, ' A sub-
jecte ought not to suppose that this prelate will
bidde him doo an unlaufull tiling; for a subject
ought to thinke, that his prelate will bidde hym
doo nothing but that he will answere for befare
God that it is IcfuU ; and tlum though the bid-
ding of the prelate be uuleful, the subject liuth
no parell to fulBIl it, syns that he tliinketli and
judgeth that what so euer tiling his prelate bid-
deth him doo, that it islefuU to hym for to dou it.'
And I siiid. Sir, I tniste not hereto. But to
our firste purpose. Sir, I tell you that I w:is
onys in a ;rentill lunnnis htmse, and there war
than two Clerkes there, a master of diuinite,
and a man of lawe, which man of hiwe was also
communing in diuinite ; and among other
thinges tiies men spake of othes, and the man of
lawe miidf At the bidding of his souerei;;n wiiich
hadde powtT to charge hym to sweare, lie wold
lay his hand upon a booke, and heare his charge:
and if hi<t charge to \u:> iiiiderstondinge were
unlcfull he wulde hastely withdrawe his liande
from the Ixioke : uiul if he perceiued liis charge
to be letiill, 1k' wolde holde Mtill his luindc upou
the booke, takyne there only God to witnesse*
that he wohle fullill that lefiill charge aller his
power. And the master of diuinitie s;ud tlwii
to hym thus, ('erteyn he that leyeth his hande
upiiii a bookt* in this wyse, and makytii there »
promcsse to doo that tbini; that be is roinniaund-
ed, is obliged there by b(N>kc othe than to fulfill
his charge. For no doute he that cliargeth hym
to lay his hande thus upon a booke towchiDg
the booke and swearing by it, and kyssing it,
prcmiisying in this fourinc to doo this thyng or
that, will say and witnesse that he that towcheth
thus a booke and kysseth it, hath swonie upon
that bo'jke : and all other men that see that
man thus doo, and also all tho llrit heare hereof
in the same wvis will save and witnesse, that
thys man hath sworne upim a boke : wherfore
the master of riiiiinite sayd^, it was not lefuU
nothcr to gyue nor to take ony soche chai)(4
upon a boke, for euery bokc^ is notiiiiig els bat
dinerse'creatuiTi of whirlie it is matle of. There-
fore to sweurc upon a Uike, is to sweare by
creatures, and this swenrinue i> eiicr unlefuU.
i hist stMitence witnessetli Chrisnstome, plainly
blainiui; them greatly that bring forthe a liokc
for to swenre upon, chargincc Clerkt^ tliut in
no wise they ctmstrayne ony body to sweare,
whether they think a man to sweare true or
false. — And the Archebi^hop and his Clerkes
sconied me, ami blamyd me greatly fur lliit
HO)] STATE TRULS, S IIesry IV. U07.— 3/r«/^r /rV///Vi/« norpe.for Hcmi/. [210
suivng. And the ArchebUliop iiiiiiinssod me j boke, rikI to swean; by a boke? And (h«
uith fmmt punisIiMiK'iit mid biiuqie, except I | Archcbi«iliu|) saui, * There is no master of diui-
iefte tbi% opuiioii uf sweariiipc. And L saide, j nitic in Kndond so great, that yf lie hold this
>ir, ih s iMiui inyne opinion, biilit isthc opinion i opinion before nie, but I biiall piinibiie him hh I
orChmte our ^>auyou^, uud nt'Sf^nt Jamis and shall do the, e\cept thou Sixinrc as I thall
ot'Chriaostumey and ullicr diiierse S'>ntes and ' ciiar^c the.' And I said, Sir, is nut ('l!:i-.o<-
ductuan. I tome an cntcnryfe doctour? And the Are!. e-
lliau ilie ArchcbJdhop baddc a Clercke rede bishop said * S'e.* Ai)d I sayde, Yi' Chri-i.---
die Huineiy ufChrisostonie, which Ir.ancly tbvs tome pruueth hym uoorthy gieat bhiiae i<iat
lierke lielde in hiti hande written in a Roll, bryntj^oih foiihc a boke tu swcre npoi). ii nit:>ie
iiliich rolle the archcbi>hope caused to be I ncde.) t'ulowe that lie is more to Maine tint
ULeii fro my fvlow at Canlerbu:y; and so sivearcth on th:it boke. And the Ai('iie]>r-I'M{}
tiao this clerke reddu this Uoii till be came to ' said, ' Yt' Chrvsostome meat ar(-->idiii.lv to
B clause, wher Chrisostome saiihc, (liat it is i the onimMtuiCu' of huly chirelie, vc will .?;>
lyune Co sweare well. And than a clcrke ceptc him.'
(Maluereo, as I gcsse) said to the Archebibbop, j And than sa'd a Ci^-rke to me, * Ys not tlic
* Sir, I pray you wcte of him, how that he vn* | wonlc of (r4;d and ('i/d liini'-.eli* Kiuinolleiu,
dc/btoDdeth Chrisostome here, saiuju; it to be that is, of oiiC auth'jriter' And 1 saide, Ye.
ijane tu swere well.' — And so the Archcbi^hop Than Jic »aid lo me, ' Why wilt rh- n not swce
me how I vnderstodc here Chrisostonii;. , than by thei£osp<:ilof God, that is (■"•ids wordc,
m ' m >* i ^ * *
my tide to God, I prayed him of grace. | leucd but by hweiM'vnn;e, I pcrceyuc (as Augus-
d Hs fastc a!^ I thought liow (.'liri^tc said to ' tine sail he) that it i? not sijrdciidl thit ye that
Apo&tles, * Whan for mv name vc slinll be shold be mv brothern sholde n-jt I i-li'iie me:
And certeyne I was somewhat afraide to ' syns it is all r>nc to ^\M:=iie by ihe wordc of
■Oiwere hereto, for I bad not besyed me to : God, and by Ciod hl-n^ciru r' And I saiti,
icadv about the sense tliercof; but Ivfliiic no . Sir, syns [ may not no'.\e olltcr^^yso be be-
my - -
And
kis _
' bri>u^ht before Judges, I >liiiil jivuc into your ihererore 1 am rtdy by the woide of (iod, (as
■outb irisdoine, that your ::diicr«c:irycs shall the Lorde connnaunrled mo i.y hi^ wonie) tf>
BOt a;:ev'iist j>ive ;* and iru'^iiutr ffithfullv in the i swcnre. — Than ? he Clcrke ••:iil lo n:?, * Lave
woffde of (jude, I said. Sir, I know well tint | than tlivnc hande upon the bf»*Ke, t.ir.v vijr ihe
Banv men and women hnne now swearinu so i:i
call 'imp, that rhci know not nor will not knowe
tkkC (ht.'v do cuell for to sweare as tliev di; ;
Lui they thinke and say that tliey do well for
to sweare as (hey do, tiio'j"!! they know well
liat tliey sweare vntrucly. For they tave, they
fc;\y L) (he!rswc:irint:^tiio:igh it be false") %o:dc
Wacor tinipoiall banne, which they ::lioldc
JMM yithcy sweare not thus. And, Sir, many
Bts aod Women tnaynteync stroiir;ly (!i,it they
Holy (Jospell of (»;)d, and t»k»' ihy ci; irrf.'
And I .N-.iid, Sir, I tnderstonde lliar the ImiIt
gospcll <if (rml may not be tout Jicd with
mnnnes hani!e. Ami the Clcrke baitU*, [ fo!id«
ed, and that I Fnydc not trcwthc. And ( a.iked
till? Clcrke, whether it t'.tr more to rei.de tl.e
po«pell, or to ! .n''lie tli«* [/:-.-peIl. And he said,
it was more to ii ade t!:(? pusji'"-!!.
Th.m I s-aiil, .* ir, bv autiiiril" of Seynt ^ -
roiie the L:n*'p<'ll is ii'.t the jro-pcM for rtdiiii;
>«eve Ktil, whan that tliin& is solhe tiiar they oi" iii«« IrUer : \>vA for <he beleue lb:;l men
*cart f.r. Ai-o full m;uiv men and w«iiiicn I l»;'W(.- in tin* wjrd*- of (iod, thit it i* tki- j;os|el!
ft" MT, that it is well done to >wcar by erea-
ta til, »hun I bey may n<»i '. ns tlicy sir.M'i other
r .' . . ..." •
ih.'t we bek-iie, and not the Uller that \\\*
re:le : li^r b«'<-aii-e the letter tliat is touclierl
laeKe bcleued. And also full many ineii and | wi'.h iii-innes hande is* not the pospell, but the
■omen now say, that it is well d^me to >Aearc | senti me ili:!l is \erely I tluu-d in m;- mis h'.i:i
U God, and by our Ludye, and by other \ is the s*iis|i)!. I or so N-yni .Teionx <iiili, the
itynies, for to bauc them in niyn<lc. iSut ivns , ftospdl thai is 'he >«jtne of (.Jodie ^onle i.-»
iillhc«esaiynKt:S are butexcusftti-insamUyiine, i n«if tne leauy^ i>f tl,<- uike, but it i*. .' the roof.
■ethinkfifi, nr, that this seuter.eo of Chrisos- ' of re;i« ..mi. Notlur ihe J:o^pell (he t. ith) is in
tiirie may be alleged welle ii^einvte ail M>eh the wntiii*/ abon«- ot' the U tier«i ; but the !;os-
i«frt:ro, witiic-sim; that all the* M'nnc j:rcnou«i- ' pell is in ilu- markiiiL: tif ll.-e -i-nti-nre of >rrip-
li. dMjj);h I hey thnike themo^liUir t«> swear in tore**. 'I his senteiu e ;:p}>n" < ih Seynt I'anle,
U,<4 ffirbuid wysc well. Tor it is euyll done and saivri-.'*' thu-*, tin* kii."4d«*i«ie of (b»d in noi in
fffai *yiine for to sweare ircwthe, whan in oiiy wonle, but in \ertni . • -id a;"ler Diiuid sniili,
■inner a mnn nmy exense him without olb*.-. ' the \«:lce f»f list' Loide, that it his worde, is in
And riic Airlubishop said, that Chrisostonic ^trim'. Anli-lu:- Di-niil s;iith, thorow the
Bi^it thus *nd«Tsiondc. And than a C'leikc woidt- of doc], iIm- llr.mns wtn- fonrnieil, and
««j4 to mc, * Wdt thou tarye my li>rde no : in the spirit'- jjihi-j nmnili i<» all the verineof
irt|se.% but subndt the here mckclyM tljL o-(li- tli«;ii. And I pr.-.y you. syr. nnderstomle ye
■auj.ce of iioiy chirche, and h«\c ihyie hunile well h .'.v l>:m;d sa.Jh, ih.J \\\ the spirite «)f the
fcfOfi a booke touching the holy tin-pcil of (Jed, ' njouMji" of the L«»rde i-> all the \ertue of unirells
pt4iiy»ince not oocly with tJiync mouth, but alo'i and ol*nien P
»kIi thyne Jiarro tusUmlr' 'lu mv hn-iics ')rdi- -An 1 the Clerke s:iid to me, * Thou wolde't
Munce •' And I said, fciT, baue I n-.t t .Id you nuike n«i to tbnde with thee : saye we not that
l«n:,lMw th:(t I lierde a master fd'dininilie say ihe iiospeliis are written in the mas^e-b^lke?'
to in socbe % case it is all ono to touclie a And I sayde, Syr, lhou£b juien use tosuyelhu',
▼oL. I. P
211]
STATE TRIALS, 8 Henry IV. \ \01 ,— Trial and Examination of
[•212
\v\ it i* uiijvCMtyte sprrhe. l't»r ihf priiripall
}'.:jtf oi'a liHUiifc is piopcilyc \\x-. I:u )ll lliM'jr :
lor ii>, m':innt.*<> ^oule, tlr.il m.iv not iimw l.t*
6e le hf.-o, inir t()iu'lii.-d with nny j-en^iJilc
tl;iiij:, i-* pmpeily mm. Ami all tlu* vt-.im' of
a ta'f is ill the roou* thtirt)!*, tlr.it miNi* not
he iene ; I'ur do awavf the roote, and the tree
is de-itn)ve.'l. And, hvr, as ve savde to me
rij;la nowo, Ood and iiy-j worde are of one
uurhoritic ; and, svr, Sivnte Jerome wilne^selh
til it C'hri-te, very (loilde and very man, is
hidde ill tlie letter of his lawe : thu'» also, syr,
the gospell is hirlde in the letter. For, syr.
thn«, I said to tlii-* < lerke, Sir, 1 pray yon tliat
ye Nvolde iVtclie this mtUi hither ; and all the
wordes as nere as I ran rej ete them, 'which
that I i-pake to h\ni on Frid:iye in llie prybon,
1 will reherse no we here before you all, unci
hefore liym.
And (as I gesse) the Archehishop said than
to ine, * They th:it are nowe here sruflfyse to re-
peti' il-.<'m : now saidest thou to him V And I
said, Sir, that man cume and aski*d me of di-
uerse ihin^xc^ ; and after hib iiskynjie I uns\%ered
hym (as 1 vnckM'&toode) thiit e,oode was : and
as he shewed to me hy his worde«, he was
as it is full likely many diuersemen and women I sory of his lyuynge in couite, and right heuy
here in the eiihe t^mched Christe, and sawe for his owne vicious lyuynge ; and aUo for the
hvin and knewe his hodelcv persone, which
n-ttlier touched nor sawe, nor kne>ve p.hostely
hib (iodliede; rii^ht thus, syr, manv men now
tourlie and sf»e, anfl write and reue the srrip-
ttires of (iiiddis lawo, whiche nother tonche,
^ee nor rede elVertuallye the gospel!. For as
the Oodhede of C'hriste, th:it is the vertue of
(lod, is knowen hy the vertue of thorowe
belel'e, so is the i^o^pell, that ib Cliri^tes worde.
And a C'lerke said to me, * Thes be full
m Vatic mattei"*, and unsMuerv, thnt thou shew-
e I here li> vs.' And i said. Sir, if ye that ar
m i-ters know not pliynly this bentence, ye
lUMV sore diede that the kiiii'dome of Ileuenc
viciouMiesKC of other men, and speciallye of
priestes enyll lyuynge : and herefore he sayde
to me with a sorrowfull harte (as I j^esscdj tnat
he purposed fully within shorte tyme iov to
leaue the court, and hesy him to know Gods
hiwe, and to conforme all his lyfe thereafter.
And whan he hadde said t4) me thes wordis
and mo other, which I woulde reherse and he
wer present, he praid nie to hearc his confes-
sion. And 1 baid to hym, J*ir, wherefore come
ve t«) nje to be confessed of me? ve wote well
a ar
tint the archehishop puttith and holdeth me
heie :i^(m(> unworthy, other to p^j'tie or to take
any sacrament of holy chirche. And he said
he t'lkeii fro yon, as it was fn» the princes of j to me, * Brother I wote well, and so wote
prie^ie*", and fro tlie elders of the Jewes. — And • many mo other, that you and soche otlier ar
ih.m a Clerk*' (as 1 tiesse Mahieren) sayde to wrongfully vexed, and herefore I will comon
me, * Thou knowe^t not thvne eriuinocacyons, with you the more tzlndlv.' And I said to hym.
for the kynj:dome ol' Henene hathe diuerse vn-
derbtondinjes. What calle^t tiiou the kinij-
donie of Heauene, in this sentence that thou
siliewe^t here ?' Aud 1 said, Sir, by g«K)d
reason and sentence of doctouni, th<? reilme of
llcuene in called heie the vnderstondins of
<i:»d(*s worde. — And a (.'lerke baid to me,
* Frome \\honie thinkest thou that tliis vndiT-
Ktondinoe is taken awaye ?' And I said. Sir,
bv aulhorite of Christe hini'-clfc, the effccluall
vnderstondinjie ol' Christes worde is taken
awave fitnn all ihcin chefelv, whiche ar** ureati'
Certeyn I wote well that many men of this
court, and specially the priestis of this hous-
holde, wolde b(i full euyll a payde, both with
you and with me, if thev wiste that ve wer
confessed of me. And he said that he cared
not therefore, for he hadde full little affection
in them : and (us me thought) he spake thes
wordis, and many other, of so goode will, and
of so hye desin>, lor to haue knowen and done
the pleasant will uf God. And -I said than to
hym, as with my foresaid protestacion I sMy
to y<m now here ; Sir, I rounsell you for to abn
lettered men, and preMune to vnilerstonile hivih ; sente you frome all euvll company, and to
thyn^ei : and will l>e liolden wise men, and drawe you to them that looue and beny them
de<vre ma*'tershippe and live ^.tate and di-jnite; to knowe and to keape the preceptis of God:
I..J.1 Ill ..„» ^ ...r._ '.I . . kl... 1 1 <i 1 I o_:J!-... . L' /"^.i ..-ii
and than the good Spirite of God will mooue
yj»n for to oecupie hesily all your wittes, in
gatherin*r to gither of all your synnes, as far
ixs ye can l>ethinke you, shamynge greatly
of them and sorrowyng hartely for thcili,
ve, sir, the holy Goste will than put ig your
liarie a good will, and a feruent desvre for to
hut ilu'y will not c informe them to the lyuyng
and tc i«*hino; of Christe and hi^ apostle^.
Thin the An'hebishop saiiJ, * Well, well,
thou ^^ill jiidjie ihv souerevns. Bv (iorj the
kyng rioi'th not his dentie, bur he sutler the to
l>e condempned.* And than another C'lerke said
to me, * Why on Friday that last wa«, coun-
Sildest th(m a nrm of inv lorde«, tint he sholde lake and to holde a good purpose to iiato euer,
not shrine him to man, hut only to (tod?* — ; and to flie (after your coniiyng and power) ail
And Willi tliis askiut: 1 was :ih:i>slieri, and than occa>ion of synne : and s«j than wvsdomc shall
bv and l»v I knewe lint I was snttelv het rayed come to vf)u frome ahoue, lisrhrenvne with di-
ot a iir.n tint cume to me in pre«;one on the uer*ie heamis of yrrice, and of heuenly des\Te,
Fridav bcllne, <'oniunvn<je with me in thvs ' all vour wjiti *., t olounnviifl: vou how ve shall
iiuiiter of conte^-voii ; and c*':tavii iiv his tru-.te ?*ted!ti> iiv in t!ie niercic of the Lorde.
word* <^ Cr tliouuhu) (luit ihi<« mnn came tlun knoule<)gy!i!! to h'ln oiiely all your \iciouslyii-
Jo me of full ti-;uent and cinritahle will: hui yne, prayirii: to l/i.i eutr deuoutely of cha'rit-
now ] knowe he came to lem)'t me, and to acv ' able coniixll .iiul continuance, hopini; without
CM^e me ((iod forgy\e him, yf it be his uill). doutr, that \\' ye conrynew thus hesiui^ you
And willialimyne haite whuu I hudde tlioughte fcitlU'dly i.i knotve and to kepe his biddmg \\
213] STATE TRIALS, 8 Henry IV. UOf. ^Master WiniamTliorpc, for ILresy. [214
that lifwili (for he only may) foigyuc you all your
!\nnt.-^. Aiul this niun suid thnn to iiie, Ihou^li
God lorpyue men their bynues, yet it bihouetii
Uicn to lie :is»oyled of pricl^tis, iunl to doo tlu*
ptnaunce tliat chey enjoy ne thi-iii. And I said
lu lilm, Sir, it is all one to nssoylo men of their
«;.nnf>,;ind to foff^yue men tlieir .synnes: where-
;'urc S)ns» it perteinyih onely to (iod to forgive
s^nnc, yt sutfibith in this cnse to cDinibe!! men
Aitd Monic-n for Co kuve their svnne, and to
Cinitorte I hem that. hcAye them thub to doo, for
tu tv}\ttt steadfii&tely \\\ ilie mercie of God.
And a$:eyni%;ird, prier:tis ought to tell bluirpely
|i> cu>tomable synners, that if tiiey will not
make aii ende of their synne, but contync w in
diuerse ^yuncs tvhile that iIil*)* may synne, all
suclie deserue peyn without nny cnde. And
kertiire prie?ti!i bhouhle cuer besy them to line
veil and holily, and to teache the people beM'lv
ud tFfcwIv iLe worde of God, s>I;ewins to all
Mke ill open pre;ichins, and in preuy coun^el-
}n£, that the Lordc God onely for«:eiiyth synne.
And therfore tho^c priotis that take Uf)on
dttrtn to a«soylve men of their syunes, blas-
pheme God : syiib that it perteinyth only to the
Lorde to loboylc men of all their >^nnes. For
no douhie a thousande vcare after that Chrlste
I harde ft monke of IVuersham, that nu n eaP.ed
Moredon, preachc at Caiuerbury at the erobsc
within Christe-Chnrch abbey, saiy>«j: ti us of
coufessinii : As thorow the bugpe^tidi) nt the
fende, wirhuut coun>ell of any other bwdy, ihiit
of ihemself many men and women enn yna-
dne, and I'yndc meanvs and waves in(iu«:li to
come lo pride, to thclte, to leeheie, :iml to
other diueri»e wets: in contiarie w v-se tliis
nionke bnid, syns the Ltirde God w nxtie lerly
to forjivue svnne, than I lie fe:ide is or m;:v be
ot povier to moone ony body to Miine, than
who so eucr wdl ^bame and *:'rovv lmrt< ly for
their bViMies, kiionki^uins; them feiih:ii!lv to
God, auu*n(bn(r tiiem alter liieir po\\er oiid
connyng, without counse!! of any <{hir bcidv
than of God and hymstlf, thorow tie graeo of
God, all soche men and women m.iv fvnde
bumeicnt meanys to c<-ine to Godiii^ nureie,
and so to be eleniu: a^Mnlid ot' all tl.eir svmu-?.
This scntenee I said, .Sir, to this mini of yours,
and ti)C bclfe wordi^as nere as i ciui ge->>e.
And the Archebi>hop said, ' Holy C.'hirrhe
approueth not this learnyn>;.** «\ud 1 siaid,
Sir, Holy Chi rche of \%hieh Christ i-^ lk.'d in
lieuen and erthe, nuibt ntdys approut* tliis >en-
teiiee. For lo hercbv all m< n ai;d \%omen mav.
was man, no prie<^ieofChribte durste take upon | if they will, be suthciently taiiehte to know and
hjm to learli tlie people noiher priucly nor to kep'e the commaundementis of God, and to
aperiely, that tliey behoouyd. nedis to come to hate and to Hie contincwully all occasion of
WaiBodid of them, as pnestis now doo. But synne, and to loouc and to seke vertices bcstly,
by auchoritie of Clnistis wurdc, priestis hound : and to beleue in God siably, and to tru>te
i&iJured customable sini.ers to euorhistiiifi; ' in bis mercy stedfastly, and so to come to per-
Bt'yn5, which in no tynie of their lynyng worde , fitc charitie, and contynew theicin pcr>cnc-
iit*y them feithfuiiy to know the bitldiiiiies of;rintly. Antl more the Lor<le a^-kith not of
GoiUnor to keapc them. And ageyn, all they I ony u)an luTe now in this iyfe; and cirityn,
i^<t ^iiuid occupie all their wittes, to hale and syns Je»u C'hriste dyed upon the rn)«^e \\i\-
I'^bfe occasion of synne, diedinn overall thinjrs j fully to make n>en he, men of the chirehe ar
t'>oGad God, and loou}n<! for to pleiise him to boldo to W>\ to niake men thrall, liyndin<;
c-)fi:.&£aJly, tij llie:> men and women, priestis them under the peyne of endles^e eur?c (as
Ae^vi how the Jyude assoileth them of all they say) lo doo many obser^aunres and ordi>
tilt:.- symies. And thus Chri^tc promysed to - niuinci<>, whiih nuihrr the lyuyn;^ nor te..rhirig
CfDt'enue in hcuen all the binding; and loosyng, of ( hrisdr, nor of hi-> A|;oslles approuerh.
(Ul prie<!>ii'^ by umhoriie of his worde bynde i And aC'Urke sai^l than to me, * Thou sihew-
B<ra lu svniie thai ar imluie<l therein, or loo^e . ist playnelv lure ihv di^^eite which thou husre
thcu out of synne here upon erthe that ar ve- learnyd of tlam that traneil to sowc po| ill
itV} repentaunt. And inii man hearini; thes ! amont; wheate. Ihir 1 eounoi-ll the to uo avv::y
wordis said, that he iny^ht well in conscience ' dene froine this learnini:, and siibuiyt t!.c lii;%iy
turMiiC to this sentence ; but he said, Js it not to niv lorde, and thou ^halt fviide hvni \Lt to
ficc'Jiul to the lay people that cannot ihnsdno, - be tiraeious to the.' .\\m\ :is fa^tt.' th:oi iiiiotiier
low I sliriue ihe«ii to prie^ii^? And I said, Vfa ■ Clerke haid to me. * How \»a^t tiiou >.» bi.ide
mui ftrale iiiiii^elf »o «li>trobled with ony siiie.e ttt (\iuli'i (ro^ e in i.on'.ii!n, to slmdc there
tLii he c'limot by his owne witie nuoidt.' this hanli- with thi tippit boiinden about ihyne
ijnne with«iut cuansill of them that ar here n , heddf, and to repioie in his scrnionne the
»TMr tlutn he, io sochu ii case the connsell of v^oorthy ih rke Aleerton^drawyni; away '.•II that
a griode prie-lf: i» full necc^sarie. And if a thou my^htisi ; ye and the same day, at aiin-
T'xi pric'<:ie faile, iL» thty do now commonly, '■ \umv thou nietyni; that wnnrih) doel-Lir in
111 soche u c.'i-c 5eyul Augustine saith that a j \\ atlyng—trete, ralli«Ut hym f'Ne fl;i!i mt ar.d
n.iii mav lefuiU comon and take counsell of a ; ve.orrite.' — And 1 said, >^ir, I tliuik reitainlv
wneuous socuier man ; butcerteyn that a man i that (here was no man wur woontan that h:iiid
•t: woman ii ouer laden and to besldv, whit h
■ uuniit hryni^c their (nvn synned into tlu ir
ffwidf-y hL»iyiif: (hem ni^ht and day fur to hate
u 1 lo foisakc ail ilicir syimes, doyni; a sialic for
(Um after their ctniwyn^ and power. And,
i>r, fuii accordiii<;Iy to tliis sentence, upon Mid-
it Uiou Sunday Iwm yeare (as I gessejnuw a gone,
VL rely synne, and ioou^d mtmu •, iKaiii.i: li.e
sermomie of the cleikc of OxI'orde, and uNo
Aike; ton's sermonne; but llu v savd or lai^hL
jnstcly say, that AlKerton reproouyd ihc
clerke nntrewly, and teiaimdered hym wron;;-
fully and uncharitably. For no doute if the
IvuvuK and teaching: uf Chri^te cbefcl\, and of
i.M;>] state TR[AJ5, fi IlrNRv IV. IWl.^Tnal and Exuminntlon ff ('210
liis nporilts lic rii-.vr, no lioily tl»>t liMiiicili
(jo(i aii<i ills lav%L\ Will bhiniL' any >c'iiteiice iliat
the ck'ikc tliiui |jrrnchi(l liiprc, bvns liy autiiu-
rite (if (fOiidis uonlc, ami liy npproi.cd sevntis
nnd (ii.i'tdurs, ami by open rcnsoii, this cicrke
appruued all tiiin^i^ clLTiy that he {ire4cherl
there.
Aurl a Ch rkc of ihe Arc hohi^hops snid Uy
mv, *■ His M'niioniie uvts t*alsi.>, and that iio
iihowith ofMMilv, >yn9 hi* daro iint btandc fortlic,
ami difondo iiis piLMchiiif; tli<it ! :> then preach-
ed t!.i.i-(\' And ( said, Sir, I thiiike tliat he
prirposi;!! to sraiide sttcdfunicly thirehv, or els
iic SLlaiiiidereih foiiUy hyni ^t.i^, and also many
oiiiir that haue great tiuste, th^it he will staiifle
Xi\ \\\c. iK'wiihof theno>ptil. For I wote well
l::s •<«.'ri:i'inne is writttMi lj<;tli in Latvne and in
rn:^l\*:t:h, and many man haiif it, and they sett
jrriut inv»,e thereliy. And sir, if ye wcr prc-
b«'iit with the Ar(:hi'l»ifthop at Lam) leth when
Xw'i clcikc npcred, and nus at his answtn* be-
fuie the Arclichisiiop, ye wuxo woli th.it this
cicr!.!' donyed nor tiieiv lii«* sennonne? bar two
<iayb Ik* mayntcinyii il bt-loif tl:e Archi-bibhop
and hi> i-Icrkis. — .\nd than the ArclI(;bi^ihop,
or one of his clerk i-? >aid, I wore nut which of
thein, that hailot sIklII be mot with lor that ser-
monnL'. l-'or no man but he and thou, and
«i)clie other i'ulse hurlotis jirai.<)itli ony &ue!)e
|.rcarhini];.
And than the Arehcbii-ho',) said. ' Your cur-
t<ed i:ecte is besy, and it joiitiie ritihi urcattiy
to contrarie, and to dc.Ntiityc \\\v ]>nuiU;L^e and
i'redoine ut' holv chin:lit\' — And 1 said, Sir I
knowo no ninn tliat traacU >-> betely as thi^:
M'/ie d<iihe (which yon reprcur) t" make rest
iind peace in holy cl.irch;-. I'i»r pride, coul-
ttuisiicss and ^iln<lny \\hich dintroobie mobre
holy rhirche, this stcio haiith and flieihc, and
traiicliitii bcsely to miMiiu* all other nan in
lyke nianer unio meakncs>e ; and wilfidl
poucrte and rharitc, and frc ministryn*; wf tin*
^acramentis, this >crtc lodyih nnd \siih, and is
full bc'sy to moonc all ('ihtr f dkis thiis to doo.
Tf»r tliLS vcrtnes ov\e all membrcs of holy
chirche to their hiMlde Christe.
'I ban a Cierkc s:iid to the Airhebishop, * Sir,
it is ferrc daios, and ve iunie f^Tro to ivde to
nvjit: thereiiire niaki* an enile with him, tur
I.e will none make. Bnt the more, sir, that ve
bc-iv von 1* r to drawe hvm toward you, the
more conlinnax he is madf, and the fi-rdi'r iVom
yrm.* And than Malnuri ii fiuisl to me, * Wil-
liam kncle down and prayo my lurde f»f gr;M(\
nnd haiir all thy fantasies :.n.l bcrome a rhi!«li'
of In»ly chirche.* And 1 said, Sir, I have praitd
tlie Archebisl.op olie, and yet I pray I'.yiii for
the lone of ('hri-.ie, that ho will Icanc? hi- i'l-
clii;narion lh:it he bathe au«*iiist me : and that
be will suffer mc at*tcr my eonnynt; .uid power,
fur to doo myne olhce oi" jiriiMchodr, as I am
rhargid of Gi»d to do it. IVir I com te nonv:iit
cli> but to serve* my God to bis pleasin*:, in the
i*tatc thai I stand in, nnd bane taken nie to.
And the Archebishop said to nie, • Yf of
good iiarte thou - wilt subuiyt the now here
niebely to be rculid fro this tyme tbrthe by my
con nsi-11, nbtivn;: meekly and wdfully to myne
urdinauncc, tftou ^halt lyndc it nioste profitnhlc
and be< to the for to doo thus, 'i'liereforc
tary thou me no lender, (;niunte to rlcM) this
tluit I imuc Niiid to tlie now here Bhurtiy, or
deny it utterly. ' And 1 ssiid to the abp., Sir,
o\\e ue to beleue that Jesu Christe was, and is
very ( iod and %ery man ? And the abp. said.
Ye. And I ^aid, Sir, owe we to beleue, Unit all
ChriMtis lyuyni; and his toncliing is trcwc '\\\
encMy poynie r And hi; said. Ye. And I said.
Sir, ov.fwe to beleue, that the lyuyim^of the
aposiit's, and ti:e teaching of Ciiriste, and of nil
the prophetcs. are true, wliich are written in the
Hible li>r the health and siduacion of Goddes
people? And be said. Ye. And 1 snid, .Syr,
owe all (''la-i^<ten men and wcnnen atler (heir
ronnyni: :mcl power for to conforme all theif
lynynir to the tcrachiu!; specially of Christe, and
also to the teaching and lyuyugcof bisapoatles,
ajwi of ]»ropbele!«, in all Vhintiri'S lliut are ple-
s'.mnt to (lofl. and edificutioii to liia riiurclie ?
Ant I lie 3jid, Ye.
An! 1 saul, Sir, ouj»ht the doctrine, the bid-
ding or the rouncvU of ony body to lit accepted
or obci'j unto, e\cepte this doctrine, tlies bid-
dini^' s or thi> cNiim^ell m:iy be ^raunted and
alitrmed by Christ es 1\ liya;: ami bis teacluDg
^pec.'ially, or by the lyuyni; and teaching of his
apo^rlfN and pr«;i Jii les ? And the Arcliebishop
s:«iu ro me, ' Other doctrine onght iiot to be
aciepied, nor we owe not to obey to any
mannes bi(lrliii:r or conncc.U, except wc can
percevne lh:.t Uii> bidiims^ or couu^ell accord-
eth wiih the l.i'Miii!: and leaching of ChrLHte,
and of hi« apo^Lles and prophets.* And 1 said,
Sir, is nfit al! the learnin^c ami bichliiige:* and
coim^^ellis of h'.'ly ci'irche meanes mid healfull
rcnu'rliin to ki:ow and to withst(md tlie preiiy
snL'i:L>ci(Hi;>, and thi' aperte tempt acic^ns of tlie
lenfje : and aUo wayc\f and healfull reniL*die8to
ilee pride, and all other dedely !!>\nnes, and the
bniuni'he» of them, and xiuereyn me.ines to
purilie^e ^race, for to wiib^londe and ouercoiue
all the lienchlv lustes and mouvni!e:«? And the
abp. said, Ye. And I s:iid, ^ir, whutsotfuer
tijin*; \e or onv other bodv bid or CMimsell nie
to do, accordini^ly to tiiis tiiresaid learniiiL', after
my connyn<:«f and power thri>wc the hel()e of
(»od 1 will nu-kelv with all mvne harte obey
th-Telo. And tlie Arcbebi->hop s.»yde to ine,
* Snbmiit the than now here mekely and wil-
fnllv to the nrflinannce of bidv rhnrcbe, which
I -IimII >Iu'\vi' tn the.* And I siid. Sir, acvord-
in ly as 1 h:ii:e I'tre nowe bet'on* yon rehersed,
I will now l.e nvly to obey full tlailly lc» Christe
the liede of all holy churche, and Ki the ktirn-
yn«:eni»'l bjiMy ni:e«»anci conn•^.^llesofeIlery pleas-
ymre mead.n of hym.
'rh.oi till- A '-I hebivliop striking with his honde
fer^eyUe npnn a r npb-uih*, spake to me with h
lire Iter ^pvrite, >ayinL', * By Jcmi, but yf tliou
h'ane soehe addiejons obfiizinK tlie now here,
without ony exrepcion to niyiie ordinauncr, or
that I gf) nut of this place, I* shall make the as
sure as ony theft' that is in the pryson of Lan-
tern. AduyK tlu! now what thou wilt do :* sunt
cr'j i^lATE TRIALS, S IIrnrv IV. 1 m.— Master UllUam Tliorpr, for Heresy. [218
I
than !<* if }k: had ben aTii:c'rf«l, he went iVo the '
LUfit'irile \%ht*rt' lie istorle to a \vyn(io%%e. j
And thiiii Muhiert*!! sind iinnihcT rlcrkc
I
came iierer mt*, anrj they '«|ki1vO to mo iikiiiv
«n»nJ» tuH plesenily : niui another while tiiey
■laiiasMl me, mid coiiii!«etled thli hciiily to siili-
ravl me, oreU ihev snvd*-, I slioulde not r<-
cipe ponishiii!; oner iiie>ure ; tor they saiih' I
«biuide be degraded, cursed and burnerl, nnd
III than dttrnpned. Btit now riiey snid, thou
in.iHte esehewe ell tliese mischeucs, yi' thou
wiJt submit the wihiilly nnd inekely to tliys
worthy prelate that htith eurc of the souie.
And for the pytie fif (.'hriste (said thry) he-
doukc tho, huwe ^rcnt c*lei'kes the hishnp of
Loeoln, Ilerfurd, and I'uniey, wer nnd yd are,
•iici ul»o B. that is a well vn(h-rston(hn<:c innn,
whKrh nlMj haiie furbuken and rouukcfl ;dl tlie
Wimyngv and opinions, (hut thon and soche
Qtber hohle. W herefore syiis cche of thcni is
aN4dl wy&er than tlion arte, we counisc!) the
f»rthe he^te, that by the example of tlics four
rlM.e^ (h'Mi ti>io\\e tl'.em, subnivttvntie t)ie as
they did. — And one of tlie bishoncs clerkes
aid tlinn there, tliat he licnic Nicoll Ilerfurde
isv, tliiit »yiiH he fur«ioke and rru4ikiHl ull the
Inminv mid Luhinles opinions, he bathe luid
nebil sreatcr favour, and more delytc to hohle
attiiM tliem, than eiter he hndde to hohie \iiih
tlHBi while lie liehle wiih rlieni. — Andtherefon^
Maluertn ^aid to me, ' I vnrlrrstonih* and thon
»iktaketJie to a priest, and shryiie the dene ;
CaiiBke all *nH'h opinions, and take thv j)(*-
uunceof mv lord iiere, for the holdini: and
tnddiis of them, with in shortc tyiiie thon
M\ ^«gre.-illy conforicil in tlii» dfiiii;;.*
Ar.ii I ssiid to the C'hrkf.-* tliat thus h< <»yly
t-ASsrUd me Ut i\An\\ the^e forsaidc men,
^:n, J ibe^ iiieii, of \\hi>mc ve coun.stll nie to
t^f fTvnph*, liiid forsuked iienc/S'ces of tein-
fcui profyte, and of worldly w[)rshin|ii', so
tAif lt*\ hitd alisented them and c-rhewed
l'«». alt oc'casyons of f'(iuetou«>nes.«>e, and of
ttyiielj l«i«»te*, ;ind hud taken them to »»vrnple
<y-;.ri:>, and fv-ilfull pouirte, th»»y liachle iieniu
fctic:i ^utMif ex'iiuple to me, and to maiiv other
'•' l;-.uk- toliiwetl if;em. Hut now, sviss all I lies
^Airc men haiic &l:iundei'ov.si\ and shanufuilv
^-rii' ti:e f'll.tr.irye, tMiiisentynj; to rerevu** and
'-< Litif niirt to holde temponill lient tVre%,
•.••>■•£•■ "''^^ m'»re ti«orldly and mure fli^clrU
••un i.'it-y did l.-etrire, coiiforniyn«! tlir m to tin-
•fc-niT-j of tiii«« worlde; 1 fir>j;»ke them liernn,
•<:>i m ail their lorsaid slaunderoiis dovnuc.
^ r I purpo-e nith (he ht Ip of (jod ni'o re-
6i-'**i*>ii i/fall niv svnne'i andofmv fonle lUiM-d
n'.\ iij. to h'lli' and to live privcly and apt rtlv,
*<•' 1 l.iiv itifs men, tiacliin*: and (oun-ellvin:!
«^kifrj«'VH*iii r th'st 1 may for(o five and<M'heu(>
%- ^A\f (h.'it tliev liune chosen totio i-i, whirlu'
*i'- •'*{*■ them to the \\or^t«' ende, if in connc-
''.tiir rymc iht-y rep«'iite them not., ve-ely for-
>ik>n::t- and reuokynsje openly the slaunder that
*« liaue put and eiicry daye yet put to
Cir:»t«r» Citurrlie. For rerteyii so open bias-
f^iye and :ilaunder as tliev have spoken nnd
*aein tbetr reuokjng and fonnkyug of the
treuthe, oui^ht not, nor mayc not priuely be
amended dei^ly. Wheri fon*, »irs, 1 prave von
that ve he^ve vou not for to moouc nic to'fo-
lowe these these men in reuokyn«;e and forsak-
yiige of the trewthe and s'jilict:i^tcncs>e as they
iiaiie done anti yet doo, wiicivin hy open euy-
denee they steire God to «;rcaL wrcithe, nnd not
onely ageynst (hern selfe but al^> ageyn.ste all
them that fauour(f them or conscnte 't<i them
herein, or (hat comoneth witli them, except
it he for their ainenrlement. For whereas thcs
men firste were per«ucd of enemyes, now they
haue ol»li|;ed them by othc for to slnunder and
persiie C hriste in his members. Wherfor as I
truste stedfastely in the poodiies of God, the
worldly coiietousncssc, nnd the lustie Ivnvn^,
and the slvdinj; fro the Ireuth of these runa-
gates, sliall be to me and to many other men
and women an example, and an euidence to
stoiide the more slifly hy the trewith <if Christc.
For rcrteyn, right many men nnd women doo
marke and ahhorre the ftiuhussc and coward-
ne<.se of these forsaide untrcwe men, liowe that
they are onercome and stopped with beiiefyccs
and withdniwcn fro t!ie treutli i»f Gdildes
word c, forsaking vtterly to sulVer theifore buddy
pcrserucyon. For hy this vnfeithfull doyn;;e
and apostasieof them, sptcially that ar ^reat
lettered men and haue knowiedj^ed opcniv the
treuth, and now <ither for pleasure or diM>Ioa<«
sure of tyrantcs haue taken hyer and tcmiioral
wajies to forsake the trtwtlie, ami to holde
apainst it, slaunderinc and |)er»fcwing them that
couete to folowe Christ in the waye of rij-hti"^
ousuesse, many men and \%oinen therforc arc
nowe mouerl : hiit many mo, thorow the grace
of God, shall he numea hiTeh\ for to learne the
trentli of God. and to di)o iliercurter, and to
btond hoMclv tin ichv.
Than iIr- Arcliehishoppe ^ayde lohisCierkcs
* Resy yon no leni;er ahoiiti-hym ; for he and
other soelic as ho is are conledcredso to<'ithcT
that tl.cy will not sive.ue in he ohedit iii, and
to suhmytte them to prehte-. of holy cliin-he.
For nowe ".mis I stode I. ere, his fehiwe >ente
mc uorde th:it he will nol ^v^eare, au'l th:it ho
couii^t'lled Isun that l:e sli:iMe nol J^weaIe tti
inc. And, l«»s.ell, in tint (hyn^e th:u in thei-s,
thou ha^tc l»<'».ye.d the to Ioo>e iliv> vouiie man ;
hut hies«eil he (iod, ihon Oi ilt not Iriae thy
purpose of hyiii: for in- hath forsaken all thv
leainynjir, .«.ulin!\tlYiuj: him to be hi:.\i,j.i atjij
olxMli Sit to the ordiiiannee of holv rhiirihc
ami wepetli full littcrly, and < Ji.sefh the full
h.uteiy for the venemou.-. tea(liyii;;c whidie ihou
haste '•he'.u'tl to hyuj, <*ouii%ell\ui^ hi:n to doo
tlureaft* r. And for thy l;d-e* connscllMii;e of
many oilur a:il hym, thou hiMegicale eaiiao
to he riL'hfe sory. For hmi^ tymc thou ha»tc
he^ied the tf) pt ruert wIiomi «■«• tiu-r i]:ou nji;;!.t-
r-^t ; therfore as many dtatl.c.^ ihou arte wor-
thy of, ns thiHi h;sht puen em 11 mmiri'Ik'*.
Ami thi'iffore l»y j4Mi thou *Ii;ilt ^y ihvrhir,
whrre Nicoll Hartor(h> and Tom !*urna\ were
hrrhered. And I vudcrtake, or (hys «|.jye
ci^hte flayes thon shalt he ri>:hie glnHHi- for to
doo what thyngo that eucr I byi ^ doo.
219]
STATE TOIALS, 10 Henry IV. liOO.— -Proceedings agabist
['220
An(i, losell, I shall assaye if I can make the
there as soroufuU (as it was tolrie me) thou
waste gladde of my laste going out of England ;
by seynt Thomas I shall tourne thy joye into
sorowe.' — And I Bayilt*, Sir, there can no body
prcue laufully thai I ioyed euer of the manner
of youre goynge out of this lande. But, sir, to
save the soihe, I was joyful! whan ye were
gone ; for tlie bu<hop of London, in whos pry-
son ye lefte me, founde in me no cause for to
holdc me lenger in hys pryson, hut at the re-
quesile of my freudes, he delivered me to them^
asking of uie no manner of submittyng.
Than the Archcbi^lioppc said lo me, ' Wher-
fore iht\t 1 ycde out of England is vnknowen to
the ; hut be this thinge well knowcn to the,
that (!()d (as 1 wote well) hath called me ageyne,
and hrtMi<:hte me into this lande for to destroye
the and the fai^j secte that thou arte of, as by
God I shall perdue you so naroulye, that I shall
not leave a steppe of you in thys lande.' And
I said to tlic abp. Sir, the holy prophete Jeremy
said to the false prophet Anany, ' Whan the
* worde ii*at is the prophecy e of a prophete is
' knowen or fiilfilled, than it sliall be knowen
' that the Lorde r^cnt the prophete in treuthe.*
— And the Archcbishop, as if he hadde not
been plea^id with my saiynji^e, turned hym
awnye warde hyther and tliyther, and sayde,
' By God I shall sette upon thy shynnes a pair
of perils, that thou slialt he gladde to chaungc
thy voice.*
The.*) and many mo wonderous and ronvicious
wordts were spoken to me, nuinassing me and
all other of the same sect e for to be punished
and destroyed vnto the vtiermoste. And tlie
abp. called timn to hym a Clcrke, and row ned
with him ; and that Gierke went fbrthe, and
sonc he brou<;ht in the constahle of Sultwode
Castell, and the ahp. rowned a good while \%ith
hym, and than tlu> constable went fort he, and
than cam in duiersc M'culers, and ihcy scorned
me on euery syde, and mana<^!>ed me greatly ;
and botav couubelled the abp. tu burne me by
and by, and some other counselled hym to
dronnde me in the sea, for it is near hnnde there.
And a Gierke standvng besyde me there, knc-
iede downc to the nbp., praiyng hym that he
wolde delyuer me to hym fur to saye matenes
with hym, and he wolde vndertnke that within
thre dayes I sholde not resistc any thy age tliat
were conmiaunded me to doo of my prelate.
And the abp. said, that he would ordeine for
mc bimselfe. And than after came in ngeyn tlie
constable, and spake priuely to the abp. Aud
than the abp. comniuunded the constable to
lede me forthe thens with hym, and so he did ;
and whan we wer gone forthe tliens, we wer
sent after ageyn. And whan I came in ageyne
before the nbp. a Gierke badde me knele downe,
and aske grace, and submit me lowly, and I
sliolde fynde it for the beste.
Aud I said than to the abp. ' Sir, as I haue
said to you diuerse tymes to-day, I will wilfully
and lowly obey and submit me to be ordenid
euer after my connyng and power to God, and
to his lawe, and to euery menibre of holj
Ghirche, as ferre forth as I can pcrceyue Uiat
thes memhres accorde with their IkcddeGhriste,
and will ie:(ch me, rule me, or chasty&e mc by
authority specially of Goddis lawe. And the
Anrhehibhop said, ' I wistc well he wolde not
without soclie addicions submit hym. And than
I was rebukyd, scornyd, and manasyd on euerv
syde ; and yet after this diuerse persones cried
vpon me to knele down and submit me, bat I
stood still and spake no worde : and tlian there
was spokyn of me, and to mc many grcate
wordis : and I stuode and herde them manase,
curse, and scorne mv ; but 1 >;iid nothing. —
Thnn a while after tiic Archebishop said to me,
' Wilt thou not suhniit the to the ordinance of
holy Chirche?' And 1 Siid, Sir, 1 will full gladlj
submit me, as I haue shr\\id you before. Audi
than the Arcl\ehisho|i haihlc the constable to
haue nie forthe thens in hnste ; and so then I
was led forth, and brou;;Iit into a f(»ul uuhoiiCiik
prison, where I came nevtr before
After this, it is not known w hat became of
him ; but mo^t probably he died in prison.
19. Proceedings against John Badbv, for Heresy: 10 Henry IV".
A. D. 1409. [Fox's Acts and Monnmcnts, p. G79.J
IX the yecre of our Lord 1409, on Sunday be-
ing the Ist day of March, in the afternoune, the
examination t'ullowing of one Jolm Badhy,
tailor, being a lay man, was nade in a ccrtaine
housi* or hall within the precinct of the preach-
ing friers m London, in an vtter cl«i>ter, vpon
the crime of heresie, and other articles repug-
nant to the determination of tlie erroneous
Ghurch of Home, before Thomas Aiundeil,
archbishop of Canterbury, and others his asi-
ftistants, as the archl)ish;ip of Yorke, of London,
of Winchestfr, of Oxford, of Norwich, (»f Snlis-
burie, of Bath, of Bangor, el Ahncufnsis Epis-
eopi, and. also Edmund duke of Yorke, Thomas
Bewford the chancellor of England, lord dc
Roos the clerkc of the rolcs> aud a ^eat num-
ber of other lords bot^i spirituall and tern*
porall, being then at the selfe same time
pre-.ent : master Morgan read the articles of
iiis opinions to the hearers, accrording as it
is contain<.'<l in the instruiient read by tlie
foreNaid master Morgan, the tenor wliereof
tollowelh, and in « lllrt ib such. — In the name
of God, Ani«n. Tie it UKuiifest to all men by
this present pnlilike instrinnent, that in the
ycere aft«'r ilu inciriKHion of oin- Lord, accord-
in<; to I lie C'iure>e and computation of the
church of V.ngland, otherui^e in the veere
1109, in the scc<ind indicti(»n, in the yeere of
the popcdome of the most holy father in Christ
and Lord, lord Grcgorie the xi. by the diuine
permission pope, the bccond day of JaDuariei ia
21'!] STATE TRIALS, lO Hrsi-A IV. 1 lO! ».—Jo/m B«%, /or /fcWj/. ['22-2
lU' r)ii\\\* \\ CnriiLiriu*, of Saint Thomas ur.ii' vr, pronounced tUv stiui Inlm lo bo before lliis liinc
h;Ji vnin the c-ulicilrall cliimli of WurccsnT, louuicK'd of sik li hii liure*-ie, mid that he huth
\vi'.\z >iui:iti' in the snid diDCcs^e, in the )iri^ bin and is «in iicreiikc, iind in the end deciured
wnrc iif me the jmblikt* noiurle, and of ihc it in these words:
«ii:ne!*M.-:} \ndcr written, the ntorehaid Ji hn ' " In the mnnc «»f Ood, Amen. We Thomas
gr.i(.ruf Ood bishop of Worcester, sitting; in tiic chieie iudi^o, beiufj; oi'teutimcs confessod and
«iid cliHppell for chicfe iudne, was detected of conuicted of und vpon thnl, tiiat tliou bust
and vpr)ii the crime of herc&ic bein^ iierctically ' ttiught, and openly aftirmcd, as hitherto thou
lauz^t, :in(l openly maintained by tlic foresaid ' dost teacli, boldly ailirme, and defend; that the
Jcthn Bjilby : that is, thiit the sacrament of llie | sacrament of the body of Christ, consecrated
body i\f Christ, consecrated by the jjriest vpon ' vpon the altar by the priest, is not the true body
tlieult-.ir, i«i not the irue bodie of Chrii^t by the | of Christ; but after the sacramental words,
»c:tue ofthe wonlsof thesacnimcnt. But that, ' to make the body of Christ by vertue of
ifrtr the saciamentall words spoken by the ' the said sacramental! words pronounced, to
int*'t to make the body ofChrii^t, the materiall : haue been in the criiue of hercsic; and we doe
Inead d>Jth rcmaine vpon tlie altar as in the I pronounce thee both to haue becnc and to bee
brginoins. neither is it turned into the \ery j an heretike, and doe declare it finally by these
body of'Cliriit after the sacramentall words writings." — These thinjjs were done accordingly
*'" * ' ' • "^ " ' as is abouc written, and arc recited in the
yeere, indiction, popcdorae, moneth, day, and
[dace aforesaid, beinc present the same time
Jolui Maluue prior of the cathedrall church of
Worcester, John Dudle monke, and Ilaide the
sub-prior of the said church, Thomas Penings
of the order of the ('armelites, Thomas Feken-
ham of the order of the preaching Friers, Wil-
liam Pomfret of the order of the Minorites, be-
spoken of the priest. Which John Badby be-
inj examined, and dilio;ently demanrlcd by the
ftrf^aid reiicrcnd father concerning the pre-
CL'««>es. in the end did unswere; that it was im-
pft^iMe that any prit^t should make the body
of Chns>t, and that he bcleuvcd firmely that
BO prie«t could make tlie body of Christ, by
rich miirds sacramentally spoken in such sort.
And alfo he siud expresstely that hce would
Deu«r while he liued beleeue that any priest ! in^ pi-ofisvn-s and mastei-s in diuinitie, William
Ilaltrs, Gnalter ni' London, John Swippedew
being pnblike Notaries, and William Beu-
oiuM make the liody of Christ to be handled
ic the lutnds cif the priest vpon the altar,
n hi« corp irall furnie. And tiirtbcrmorc he chainpc and Tlnmias Cerbris bein^ knigbts,
tti'J that John Raker of Bristol! had as much 1 Richard Wish of Tredin^ton, Tlamins Wilbe of
P-wer and authorilie to make the like body of Hembury, lohn Wcsten r)f Ycwlcy, being par-
' ^J^^ u«» any prie.>t had. Morofjucr lie said, sons of churches, and Th(;mas BalcinjjC'*, tlie
^.•at»'>.'ij Christ sat at supper with his disci- j master of saint WoUton in Worcester, and also
|;i^, fjte had not his body in his hand, to I lie j Henry llaet;ely, lohn Pen ere! i, Thomas Trog-
n.Viif |,) jjistribute it to liis di*>ciplcs; and he j niorton and William \\a^scb«)nie, esquires of
Bri tiprcssely, that lie did not this thing. And j ihediocesse of Worcester and Norwich, and
iisvfjir*pake many other words teaching and many otlier worshij)full and honest men beuig
Miivinjj ihe lieresie in the same place, both witnesses r.ntl called specially to the things
:r.tii-iu*, and also out of order, and horrible to ! aforesaid. — And I lohn Chew Clerke, of the
T.'* tares nf tlie hearers, sounding against t!»e ■ dioces of Bathe and Welles, and by the antlit)-
' alt .'.ilii- fiiitli. — Upon which occasion the rity apostolical!, publicqne notarie of the said
»■'..* rc"ji-re:id father admonished and re(p jested ' bishoj), haue in te!)tiinoriie of the premis'>es put
'!<■ T.iil J«din Bndby «ifter.times, and very in- i my hand and seale to the examination, inier-
•'■r-flv t • f b'lritie ; for >o much as he uouhl , roiiation, monition, and answer of the same
*.'viii- y 'hat be should haue forsaken >uch ; lulin B:i<n>y, and to hi> ol.^iinacic, and alsi.» to
U.i'.l.- .ijid (ipinif'n hnlden, taught, and main- , the proret.'ilini:s of all and ^in^iilttr otlier doings
U>r.ril by hiui, in such sort nl!ain^t tlu Micra- as is afire^nid, which acninst him before the
'Xrtt.T. 1. 1 renounce, and vtterly ahinre them, s'lid bi>h )p were handled and done, in the
•Jsl III Inleeue other thin>!s which the holy yeerc , indiction, popedome, moiu'th, d«v, and
isot'.cr (he Church doth beleeue. A«'d he in- ohire afort-Jiid, >\hicli with the forenamed
'inni..] r\,r- said lohn oil that behnlfe both ; wiine'^>t-? w:i'» pcraonally pn'sent : ai)d the same,
>*.'!-.. ::ii i :j|<Hfi hiudalily. Yet the said Fnhii ; eti;!) a^ I hrard ilicin and s'.uv tln'in to bee
Uijf.v. :itilr>ii|:h he were ndiMonished and re- ■ doiKr (lieiiii; occnpuvl with oilier mattei-s) I
'jj»-*r-l |.«,th often and instantly I y the ssiid . c.iu-.cH to l»cc wriiren and pribli-hcd, and into
t*-'UTiiiii ritliiT, said and aiiswired t-xf'irssi-iy, . ihi>< pnl.iike I'nrnir haue mmpiled the same. I
'!• r !.*-•■ Afjrdd neiier beleeue otherwise tlrm . the ti»re«aid iHJfniie am hNo priuie vnto the
br»:i.- I.I- barl *aiil, t'uight, and answert'd. ' v\cird'i and exniiiinatious inteihned between
^'ji'rt jpori the foresaid reue rend father bishop ' <.(neii or ei'^ht lims r»f tin* be>riiining of this in-
tif \\i;,cr-ier j'Cf iiij?, vnderstanding, and per- strulneIi^ wiiich lim-i I also the foresaid notarie
(Miiiiv: ibe fore*»aid lohn Dadby to maiiitaine
»ull< rtitie rht:* stiid lieresie^ being stubborne,
**i pn^cvedixj^ in the &un)« stubborneiKsse,
doe npprone and make good. — And 1 Walter
Loiuiiiii clerke, of ih*- di-jcesse of Worcester,
and, by the authoritie apoktulicull, publike no-
223]
STATE TRIALS, lo Henry IV. I \O0.'-rrocetdi»ss against
[22+
Uric, to all tinti ^iIlgllla^ the foresiiid things :•>
aloro hy the fi>rc'<>;ii(l iiotarie is recited, and in
the yeere, indii-ti^m, popcdoine, moiieth, d:iy,
and pl:ic(? aturesuid hnndled and <h>iie, beiii>;
with otiier the lorerecited witnLSjsej. personally
pi'e^ent, and to all and cuery of the same (as I
s»uw and heard them to he done, lieing there-
unto taithtuiiy de^i^(!d and required): in tc^ti-
mony o( the prcnii>ses haue signed and buh-
scribed accurdini; to the accustomed manner.
UiL-c €x Uc^. Cunt. And when the ui'ticii^, in
the foresaid instrument contained, were hy the
arcJihishop of Canturburv publikely an'd vul-
garly read and approuerf; lie publikely con-
fessed and affirmed, that hee luia both said and
maintained tlu; same. And then the archbibhop
to conuhice the constant purpose of the said
lolin Badbv, commiuided the same articles
againe to he read, often instructing him both
by words and examples, informing and exhort-
ing him liiat thereby he mi;:ht bee brought the
sooner to the religion that he was of. And
ftirthermore the said archbibhop said and af-
iinned there openly to the same John, that he
would (if he would Une according t<» the doc-
trine of Christ) gage his soule for him at tlie
indgemeut day. And after that ugaine he
causi>rl iho^e articles in the said instrument cx-
pre>sed to be rea«l by the foresaid I'hilip
Morgan, and the said archbishop liimselfe ex-
poundcil the :»ame in Knglish as before : whcre-
iinto lohn Badby answered : As tourliin>r the
fir^t article concerning tiic body of Christ, hee
expresly a^id, that aller the consecration at
the altar, there remaincth materiall bread, and
the same bread which was btfiire : notwith-
standing (said he) it is a signe or siicramen.t of
the liuing (lod. — Also, when the secmul article
was expounded vnto him, that it is impossible
for any priest, ike. To this article he answered
and ^.iid, that it could not sinke into \\i:» miiul
that the words are to be taken u> they literally
lie, vnle.'tH* he should denie the incarnation of
Cliri>t. — ALso being examined of the third arti-
cle concerning liicke Kaker, hee said, that if
lacke Uakcr were a man of good liuing, and
did loue and u,\rii (iod, lu.* hath as much power
so to doe, as Inlh the priest : and said further,
that lii^ haih lisard it spoken r»f some <loctors of
diuinitie, ihat if he should receiue any such
consccraii>d bread, he were worthy to bes
diuuncd, and were damned in .so doing. — Fur-
thermore hee said that he would bcleeve the I
nmnip<)tent Ood in trinitic ; and said moreoucr,
that if etiorv' host lieing consecrated at the altar [
were the Lord's litidy, that then there be '
Q0,00() ^Oils in Kngland. But he beleeued (he
aaid; in one iitul omnipotent, which thing the |
foresaid an'hbi'<hop of Canterbury denied not. -
— And when the other conclusion was ex.- |
pouiuled, Ihat Christ sitting with his disciples '
nt supper, \'c. To thin he answeied and said, .
that he would erertily maniell, that if any man
bud a loate of bread, and should breake the
same and i^ine to e\«*iy man a mouth-full, tluit ;
the biime loaib should afterwards be whole. — I
When all tJivsc thin-^s were thus fmished, and
uU the said conclusions were oflen read in the
vulgar tongue ; the foresaid archbishop de-
manded of liiin, whether hee would renounce
: and forsake his opinions and such like conclu-
sions or not, and adhere (o tlie doctrine of
. Christ and Catholike faith ? He answered, that,
! accoi-ding to that he had said before, he would
' adhere and stand to tho>e words, which before
I he liad made answere vnto. Then the arcli-
'< bishop oftentimes required the said John, in
I the l>owels of Jesus Christ that hee would for-
< sake those opinions :uid conclusitms, and (hat
henceforth he would cleaue to the Christian
faith ; wliich thing to doe in tlie audience of all
the lords and others that were present, hee ex-
presly denyed and refused. — After all this,
when the aforesaid archbishop of Canturbury,
and the bishop of London had consulted toge-
ther, to what safe keeping the said lohn Budbj
(vntill the Wcdncsduv next) might be com-
mitted ; it ivas concluded, that hee should bee
put into a certaine chamber or safe house with-
m the miuisiun of the Friers preachers, and so
he was: and then the archbi^lMlp ofCanturburj
said, that hee liimselfe would keepe tlie keye
thereof in the meane time. Ami when tfia
foresaid Wednesday was expired, being the 15
day of March, and that the foresaid archbishop
of Canterbury, with his fellow brethren and sut-
fragaus, were asaenibled the in church of Saint
Paul in l^>nilon; the archbishop of Canturbury
taking the episcopall seat called vnto him t\im
archbishop of Vorke, Kichard London, Henry
Winrhcaicr, llobirrt Chicliester, Alexander
Norwich, and the noble prince Edmund the
diike of Yorke, Kale earle of Westmerland,
'rhomu« Beaufort knight, lord chancellour of
Kngland, and the lord Beamoiid with other
noble men as well spirituall, as temporal], tliat
stoode and sate by, whom to name it would bee
long. Before whom the said lohn Buc^by was
calli'd pciiionally to answere vnto I lie articles
premi.-^ed in the foresaid instrument. Who.
when lu'(.' came person:illy before them, tlia
articles were read by the olUciall of the court
(if C-unterbury and by the archbishop (in the
vulgar ton<;ue) expounded )>nblikely and ex-
presly : and the same arLirKN, as he had before
spoken and depo^e t, hee still held and defeudedf
and said, whilcst he lined, he would neuer re-
tract the same. And tinthermore, he said
spc-rially to bee noted, lliat the lord duke of
Yorke personally there present, as is uforesaidy
and euery man eUe fur the time being, is of
more estnnation and reputation, than the Sa-
crament of the altar, by the priest in due ti>rme
consecrated. And whileHlhey weiv thus in his
examinati:)!!, the archbishop considering and
weighini; tliitt hee would in no wi«e bee ulten:d.
and seeing inoreouer his countenance stout and
heart ciinfirmed, so that lie began to perswade
other as it appeared in the samt; : the^^ tilings
considered, the archprelat, when hee saw that
by his allurement.'* it was not in his puwer,
eirlier by exhortations, reasons, or arguuientS|
to bring the said luhn Badby from his amstant
CruUi to his Catholike faith (executing and do-
525] STATE TRIALS, I Henry V. 1 113.— S/r John OULmtkJor Ilerem/. [22(>
iit; the ofBce of iiib firent mastc'r) j»rorec«]f-l to
( •utiriiie and mtiliL* the tonuci* sentence (iitieii
U-i'ire liv iLe bi^jhup uf \V(*i-cPsrer apiin^t tlie
uvi luLn ii:i'lby, proiiounciii*; him llir nn 0}ien
au'l pubLiUe heredke. Aiut thus sliitiiiiL' tlieir
haiids ot' iiim, thc-y (leliucrc-;! hsin to the ^c-cuUr
p-iwer; unJ dcsireil the ituit leii;|no]':tIi lords
tliru and there prt^sent very iua.intiv, that lh(-y
»<juld not put tiie »azne lohii li.tdl«v ick dentii
>jr that hiat utferice, nor deliver liiiu to be nu-
Obiicd or put to deuthy in the prtsenre oi all
liie lords uboue rtTited. — ^Tiu^e ti.i'i;^s thus
dnne ami ro.icluded by the hi.ohoMs in the tore-
ninne : in the ul'cerno(Mie« the ki.)'i*s ivric was
if't farre beiiJod. liv the toive wJierof idhu
ifcidby, Mill perseuenn*; in his conntvni.'ic vnto
ibe death, was brought into .^iiiich:icl<i, and,
there licans put in an empty b.arre!l, w;is b(iun(l
with irMTk chaines tiistcned to u stake hnvinii.
irie wo«>J put about him. — And :is he was thus
ft^din<£ in the pipe or tuiriie (tor as \vi ['eril-
iis bull ^laa not in vsc auiong the hi^Iicips) it
kkp},^ned that the prince, tiie kin•^'s cl'U'st
fouae, was tliere pre^enc. Who, shcAviiig mnxQ
part of the ^ood iSumaritane, hc^un to encic-
nwr and assay how to siiue tlie lite of Jtiiii,
vbom the hypocTiticalt Lcuitet und IMutrisies
iMight to put to death, llee adinrmbiied and
c<>niiH*'h'il hinj, thai Imuiu'i respect vnto hiur
selfe hee Nhould s^'eedily u«r!'. Iraw iiini^i'lll.' nnt
of lht?>e d.uiLi'ro«i> laliyiiutl.v. ci" opin: .u?, i'fkf-
inj;. (tltentiiuL's i!.riMt:«i:i^s, tho \^l:('li nii^il.L
hnue dauuicd I'Jtv niun's bt.:!unc'Ive. AUo
(JiMU'tney, »t lIk-.i tinif crliHUitelior u\ Uxt'ont,
preached vjito him, iiud enforuicd him of ihe
i'aitii of holy (.'iiinch. — In ih.is menue Kcascju
the prior of ^aint Harllt-niL-vM-^ in Sniiihiiild
hn>u<: hi with all bOii'innity the Sacrament of
Go(i'» body, wiiii li^ehiu lorclu-s horjie hci^rt*,
and bo bhowcil tht; Sacroincut to ihe potjre mau
brin^ at, tile btake. And il.i.>y demanilint; of
lii:ii Ji'.iw lie licUH'ued in it, he :ul^we^^•d, timt
l:i.> Knew wed it w. 4 hrdl'twcd hiVMil, And not
(iojl's body. Aim! thi'n v^as tlic ti.njio jjUtouer
inm, and lir(> ^Lr. vnCu i.itn. And when hee ie!t
tiie fi.e, hee ciied,-AIeiTy (O'dhac; belike upon
the Lord; and so the pr;:i(v inuucdiaily com-
manib'd 'to tike away tiic tunne^ und (|ucncli
the tiro. Titc piiiure, his connuiMidemetit; bein<;
do!U', a^Ued him if he would fur* ike liei'iok* t^
take liiia to the i'aith of Iumv Ch/irch; wiiirh
tliin;: \\ Ik*c would <loe, l.e >lioM.ld luue ^^mkU
cnou.ih, promisinc: -■.Iso vuto lam a yre.vly
stipend [of three-; cnce a-day or.i of tlie kin;L'/«
trcay;ry as lon^ ai> lie li\e i. '1 iu-i o:Vcr he re«
jecteH, and was tlK.-:i burnt to death.]
20. The Trial and Examination of Sir Johx Oldcastm:, Lord
Cobham, for Heresy, before the Archbishop of Canlcrbury:
1 lien. V. A. D. 1413. Collected by J(;lm JJalc. [Ilolia.
Chron. 544. a. 1 ilalfs Chron. at. A. Stou 8 Annals, J44. a.
1 Hales P. C. 141. Foxs -.\ctji and -Monuments, 75J(ji, 6-1.5.]
Amu tliat the true sciuaunte of Jesus
Hrrrf, .'.<»h..iii Wycl'jiie, a m;m of very exrt-l-
^it /yrie and Itainin^, had lor the Mjutre of
x^Atlliau 26 vt-aret moostc Vidtamitlv baitrll-
fCvjtli i!;e '^reat antichiisl of Kurop.i^ or ihe
Fupe of Koine, n:id ids diuersly di-|j;yH-d iicst of
utjjr.tcd hyp(«critcs, to restore tlko Church
in:n to tl.r- p.ire e>tarc iliat ( K.-ybt lel'c her in
i*. by^ a*>ee:;\v-.>n, ho dcpurtcd iiLn<> mo.st
csrately into the imndcs of <« jd, li.e yeare of
Obr Lr«rd 1337, and was hurled in iii:> o'.^ne
pUT!&iM.hurc!i at J^utterworth in J.ocester-
li^c. \o small nombre of J^odiy dy«clpli:5
y\ that good man behynd hym to. defend (lie
w«Kriesse fjfthe g<j<ipell against tlie e\ccadin;r
ffftie, ambition, symouy, uuarice, ijiocry-jvc,
«tifi.'fii.im, sacryLi?c, tynumye, ydolatrotise
vtfTihipin^c.i, nnd other f^ It 'ly frates of those
Uiliiec^ed fi'nn ysc^. A'^ayn&t \sh->me Thomas
Aru&'itI, t'i,i:i Archcbibiiop of Cuuiiteib^iry, so
fiF<tt ua v.\j>« I'oarao, Antiocha>, llLrodcci, or
C'af|j;i:i^, cuiircteci in I'auls church at I<oiid«in
IB uiivM.idi -^vitode of all th.e papi^ricall
rvrjye of iC.i:;bind, mtheyercof our Lord 1 il;)
it 14: had do.ie diuersc other afore, to wi'lislaiid
Vir rii'Mj^t godly cnterpry^*. And tliV"* was
fc^.'^r^i vtre of tin;; ileury V. whom tluy Jj.id
liaii'ir.aifc til (ot theyr baude. — Ab tliLsw- iiy;;h
iwl. I.
prelates witii liieir piiary.Tc.vs and scribvs were
i\\i.\> :j;:iti.ered iu ihva pibiiltMt cnninil! : siai:j->t
ihe J.orde and iiib NVei.rai'. iy,>'.. ihi-re lo-
sorted vnij tlurin llie 12 ini|iii-.iiu:jr's ol lle.-e-
bu-: (whom they had appoM:;. I at" Ovford the
yere iifon*, to ser(';eout hcti'lik.'-* with nil W ic«
iv ucs bookes) auil (hey brou::hl 'J{:(i tV.iilifuil
C.'o!rc;iu-yoa.-. whoiiu; thry had i-.;Ji«i*ted .'- ia-.v-
•jYcs of the biryil lioki-s. 'l'!.*' U'.im.l^ nf i!.(r <i.-id
lni|iiiMtoiirs where ihe-ri*; Julian W'jin.im a
niab'er in the NeWi-oUepe, .lohan L:iiii:ne.lou
munk(^ of i'hrv-C"hur<"h iu Conterhiirv, \\'il\jm
Ullorde rci;ent of the Curing Ivt.'-, Tiiojiias
Claxton, ri-iCiJl of the Domiisiki ^ liuhi-it ' yl-
bert, Ky« htrde Karlli.^ihdi-, Jtdin l/.:cUi', Rv-
ciiarde >iiLdi-.h:.iii, lliclarde iltiir.iiini', '1 1 o-
ni'is Uotthoine, Kohcrt Uonfi!j<:ry, a»;d il.iiK.r-l
(JiJihinii'. In ihe khmi'c s* .imjm c;iii-..:d t: i-y
tlieir iiyred seruant. > to lil:.".r. it io:th alro.u-ts
throiiLdi-iut all tin.' [\n\v ii.':i*.i'. iln.t I'iiv \w u:
tlierc con^.Tt-trjilid f-ir :;m wii-.-Uoi-u* louu ai: I
n'foriiiacio.i of ihtr i-|.ui\ h <»rj.'i;.!':i.l, ii» *;»ii, e
soihf lao ilhct of tin- ,Mr..i ii J .' ij-J.-. Sucii is
a{vv;iy:» tin* romiMi pr.cii-c hI l!j.n' Mil'ld.^ *• u-
<:i-rer>, \\\i^U liicy aii* in d iu'ji n.-'huf, fo
Idere the c.-s id" Uie \ ■ili-anaMl ii:i.ity;u.4v', \\.;h
one f:d:»e craft i>r olijer.
AAer u ceiuui commuuicatioa they cuii-
227] STATE TRIALS, 1 Henry V. lUS— Tria/ and Examinallan of [228
eluded nmfin&: themselves, that it was not pos>
sible for them to make Y\h(>le Ciin>tes cute
without seuie (incanint; tlierehy their patched
popvbh tyiia^oge) onksse certeyne great men
%vcfre brought «ut of the way, which semed to
be the chete maintenei» of the scyd disciples of
\VicIene : among whome the most noble knight
sir Johan Oldca&tell, the lord Cubham (a) was
complained of by the genendl proctours, yea
rather betrayers of Clirist in his faithful mem-
bers, to be tlie chefe principal, ilim they ac-
cused tirst tor a mighty muiiitener of suspected
preucliers in the dioceses of J^ndcm, Hoclies-
ter, and Ilereforde, contrary to the mindcs of
their ordyimries: not only they affirmed him
to hove stent thyder the seid preachers, but also
to haue assisted them ther by force of armcs,
notwithstanding their sinodall constitucion
made afore to tlie contrarye. Last of all, they
accused him, that he was farrc other wise in
belcue of the h>acrament of the Altre, or Pe-
naunre, of Pil^rymage, or Ymage-worshipping,
and of the Kcclesiastycall power, than the holy
churche of llonic had taught many years afore.
In the ende it was concluiied among them,
tliat wythoute anye farther delaye, processe
fthulde oute agaynst hym, as agaynst a moost
pernycyous llcrt'tike. — Som of that felloushyp,
vhychc were of mure craftye experyence than
the other, viold in no case haue that matter so
rushlyc handi'led, but thought thys wayc moclie
better. Consydering the ^eid lord Cobham was
n man of great hyrth, and in fauer at that tyroe
with the kinuS theyr counsell was to knowc first
the kiiiges myndc, to suue all thynges right vp.
Thi-s CDun^ell was well accepted, and ther vpon
the archbishop Thomas ^'{rundcll, wythe his
other by^hoppes, and a groat pait of the cler-
gy, wtnt sirayght wayes vnio the kynjr, as than
remaYniu;:c at Kcnviiutoii ; and there laved
forlh nujsi greuousconiplayntes against thesaicd
lord Cobhaii), to hii* great infuniy and bk-mysh,
beini> a man mo^t godly. The king gentilly
Iiarde tho^e bloud t bursty raiienours ; and farre
otherivi«;e ttian became his princelye dignitie,
he instauntly dt*syred them, that in respect uf
bis noble stork and knighthoHe, they shuld yet
faitotirabiy dcale with him ; and that they
wold, if it were possil)le, without all rigour or
extreme handelii<<!, reduce him a«:ain to the
chniclics unite. He promised them aUo, that
in case they were not conienti^d to take some
deliberacion, bis "i-ltc wold serously common
the matter \\\\\\ him.
Anon after the kyns; srnt fi^r the sryd lord
Cobham ; and as he \%as cnnie, he called him
secretly, adnioinsi.i'ig itiin betwixt him and
him, to submit him sctfe to hys mother the
holv church, and as an obidicnt ch\ld to ac-
knowledge him sellV culpable. Vnto whom the
Christen knight made thi<« ansivcre, < You most
worthy prince/ saith he, ' am I always prompt
and w>llii)4t to obeye, for so moche as I knowe
you a Ciirisicn kinge, and the appointed niinis-
(a) 80 called in right of his wit'c, who was
gDUid-<lau{rbter aad heir of lord Cobham.
ter of God, bearing the sworde to the punish-
ment of Yll-doers, and for the sauegarde of
thrm that be vertuous. Unto you nest hit
a*t<*rnal God, owe I niy whole obedience, anil
submit my thervuto, as I haue done euer, all
that I have eyther of fortune or nature, redy at
all times to fuilill what so euer ye shall in that
lorde commaund me; but as touching the
pope and hys spiritualty, truly I ow(» them
ncyther sute nor seruice'; lur so moch ai I
knowc hym by the Scriptures to be the great
antichrysle, the sonne of perdicyon, the open
adversary of God, and the abominacyon stand-
ing in the holy place.' Whan the king had
iiearde this, with sochclyke sentences more, be
woldc taike no longer with him, but lefte hym
so vttorly.
And as the Archebisbop resorted again vnto
him for an Answen', he gtme him his full aucto*
rite to cyte hym, examine bym, and punyaha
him according to the deuelishe decrees, whicbe
thev call the lawcs of holy church. Tlian the
seid ubp. by the councell of hys other bishoppet
and clergv', appointed to call before him syr joha
Oldcastell, ttie lord Cobham, and to cause- him
personally to appeare to answcre to suche »u»-
pect Articles as they shuld lay against him.
So sent he forth his chefe sommener, with •
very sharp citacion, vnto the castell of Cow«
ling, where as he at that tyuie dwelt for his ao-
bice. And as the seyd sommener was theChcr
comen, he durste in no case entre the gates of
so noble a man without his lycens; and there-
fore be returned home agayne, hys message not
done. I'han called the archebibhop one John
Butler unto him, whych was than the dorekeper
of the kynges privc chamber, and with him be
couenannted throuiih promises and rewards to
haue this matter craficly brought to passe vnder
the king's name. Whereipon the seyd John
Butler toke the archebY>2iops sommoicr with
iiyin, and went vnto the sayd loi'd Cobham
shewing him that it was tJie king's pleasure
that he shuld obeye that citacyon, and so cyted
him fraudulently. Than said he vnto tnero
in few woordes, that in no case wold he consent
to those moost deuclish practices <if the priestes.
As they had informed the abp. of the Ant^werei
and that it was mete for no man priuately to
cy[e him aller that without parell of Jyfe, he
ti( creed by and by to haue him cytcd by pub"
licke proces^e or open commauiidment. And
in al the hast possiLle. uppon the Wcdnysday
l)efore the natiniteof oure Ladye in Septernber,
he conunaunded letters c.tatory to l>e set vpon
the great gates of the Cathedral Chuich of RiH
Chester, (which was but iij. Kngbsh my lea fitHn
theirs) enlarging him to apere personady b^MPS
him at Ledv*>, in the 11th diiye of the same
moneih and yea re, all excuses to the contrary
set apart. 'Ihose iettfrs «^ere taken downe
anon after, by Mich as bare fuuer vnto the lurde
Cobham, and so conueyed asyde. After that
caused t!ie archebishuppe newe letters to beset
vpon the naiiuiiie day of our Ladye, which
also were rent downe and vtterly consumed.
Than for so moclie as lie dicT not apcure at
229] STATE TRIALS, 1 Henry V. UlS.-^SirJohn Oldcoitle, for Heresy. [2 JO
ihe day appuynted ftt Ledy^ (where as he sate
in consistory, as crucli us eucr was Cayplias,
«uh his court ot* hipocrites aboute hi'iii) he
juiged hyni, denounced him, and condemned
iiin of most riepe contumacy : after that whan
U: had b«ne t^ilseiy intbumied by his hienl
i}>n:», and other glosing i^hiucrers, that the sayd
lord Cobhain hod luwghed him to scDrne, dis-
dafned all his doin^, mainteined his old opi-
nons, contemned tlie churches power, the dii!-
licie of a bishop, and the ordrc of presthodo
>!ur ail cht>e was he than accused) in hvb luody
iiudiies, without just prufe, dyd he openly e\-
ruiuiuunicate him. Yet was he not for all this
^0£ tiranny nualifyed, but commuuiuled him to
be cited a frebfi, to apere albre him thcSatunlay
brfure tfie fca!»t of Saint Mathew the apoatie,
«»b theae cruel! tiirentinves added therunto ;
lut if he did not ol.oy at that day, he wold
God Ahny>;htyes. I beleue also that the
seconde parsonne of this must blessed Tri-
nite, in most conueiiient'tyme appointed (here-
unto afore, loke llesli and bloud of the most
bl(*ssed Vircyn Mary, for the sau(fg:ini and re-
dempcion of the uiiiuersall kynd of man, which
was afore lodt in Adain*s oifeure. Morefmer,
I beleue (hat the same Jesus Chris^t our Ix)rd
thus being botii G(id and man, it tiie oiicly
head of tlie whole Christen Churehe, and t!i:it
all those that hath bene, or siiul be saueJ, h^
membres of this most holy church : and this
holy church I think to be diuided uito iii. sortes
or companyes. — Wjierof the first son be now
in heauen, and they are tlie >ayiicres from hens
departed. These, as they were here coinier-
saunt, confonucd alwayes they re lyues to the
most hol\e lawes and pure example's of C'hrv^te,
reiiounryn;: Sathan, the worlde, and the i)csh,
sort extreme! V handle him: and to make him wvdie all their coiicupiccnce.o and eucls. Tiie
ifciie more strong towardes the perfourmauce
(i«reof, he compelled the lay-power, by most ter-
nfiic oienaciiigeN of curses and interdictions, to
AT^t him against that cedicioLS apostate
sdfismatike, that herelike, that trouble r of tht*
jAMycke peace, that enemye of the realme,
ttd Kfc^tc ad%ersarye of all holy chirchc ; ft>r
ali there hateful names dyd he qiue him.
Tliis mott constnunt scruant of the lord and
«wihj kni^lit sir Juhan Oldcasiell, the lord
lohbaiD, lieh'>!iiing the vnpacable fury of Anti-
chnst thin kindelcd against him, pcrceiuing hhn
t^ii'also compared on every side with deadly
difln^iers, lie toke pR))er and penne in hand,
b4«» wrote aCliristen ctmfession or Hekcnin«!
tf tts Faitli (%<ihich foloweth liere after) and
Wh li^cd and scaled it with his o\in hande ?
ViKrein he nUo answcriih to the 4 chefcst
AriitU:) that tlic Arclichi>h(>p laved ajrninst
^'BL That doone, he toke the copye x\ith him,
^ weate tlier\%i(h to the kyng, trnstini^o to
fr.-HiBiercy and faucr at his hande. None
uikrrwas that Confession of his, than the com-
■Mi lif^lene or sonime of the ciiurches Hiiih,
oikd t!te Apostles C re de^ of all cliristcn men
ifidU vsc-d : As thus.
The Ckritttn Jiehuc of the Lord Cobham.
'* I beleue in Go«l the Father Almighty,
ir.:ltrof iicuen andeirth; and in Jesu Cltristt
ftfoaly Sonne i»nr I^jnl, m Inch was conceyued
by tin" Holy (iiM, Imnic of the Virgin Mary,
M&id \ndcr Ponte Pilate, crucified, dead, and
Ixiried, went donn to lielie, the thirtl daye robC
acaun#: tmni death, n>cendf^l vp tr> Heuen,
ikreth fin tlict ri^ht hand of G<m1 the Father
Ahu^htye, and fnmi iltcns sliall come atiayne
to judi^e the quicke and the dead. I iK'leuc in
li* Holy Cost, the voiversall holy churclie, the
romniiinionofsainctes, the forgcuenesof hinne'*,
second hoir are in purt;atory (yf any such be by
tlie scripturt-s) abydyinir the mercy of God,
and a full delyiscrance of Payne. The tliyrde
sortc aro here nppcin the earth, and be calir d
til*' Church iNJyiy taunt. For daye and nyght
they con'eiid «:;Hyn^t the crafty ass-jultes of
the dene!, the llarterins; prosperities of tins
worlde, and the rebellyoosc fylthyius of llie
fleshe. — Tliys laittT conj;refatioii by the juste
nrdinaunce of God is also seuered into three
diurrse estates, that is to say into priest bode,
knighthode, and the comens. Amcmge whom
the uyll of God Ls, that the one shuhl aydc the
other, hut not destroye the other. Tiu^ prichtes
fyrstofall secluded from all worldlyncs^e shnld
confonne tlnyr lyuc -^ vtterly to the oxamplos
of Chry-st and his Apo^iles. Fuermfire >hii!du
they be occupied in preacbin'^ and tca;.liin>^
ilie Scriptures purely, ami in j;cuinj; \*lH)i-
som counsels ot ^ood IiiiinL; to the other
two decrees of men. More modest nI^^>,
iiiore louinir, <ieiityll, and loulrye in s{)iri:a
siuild tlie\ be than any other sorter ot peoj)le.
— In kniiihthode are ail they wiivch bearo
sword by lawe of other. Thc^e shuld dt'iendc
Gods lav\es, and M-e tint tl.t! i:os|nlI \ve:e
purely taught, contbrmii«j[ ihcii* l\ui^ to the
same, and secludyi'i:e all I'also pri'..c:lier.i : ycti
these oui!;hl rather to barmaid tl (>ir iyui'S tiian to
suffer such wvcked decrees a- evihcr l:h niidieth
the eternal Ti'-ittmicni of (Jid, or yet leitcth
the fre pnssa;:*' thereof, whiieliy licit >ies and
schis»n»ei inij;ht sj)rinii in the church. For of
none other ry-e llu:y as 1 suppose, than (if erro-
nvous coiistiincions, crat'teiv fvi>t ciei>ii)u in
under hypocrites lyes tor auaii!ifaj;e. I luy
rniiiht also to pre->eri»c (lod-i p( j)le fioiij ojipres-
sors, tiraunle>, and ihrut s, nii«l to ^e the cU.'rcy
supported so louj* ;is ilu-y tencho purely, pray
riiihtly, and minister the.Sacranientsfrt'ly. And
tLe vprismt; of tlie flc»h, and cveriastiut; life, j if ihey se them do otherxwMC. they are Ijound by
Amen. — And torn mon* lar^ Dcclaraeion of ^ law of oiViccto (ompdl tl.< ni to cliaiin^e then*
(fii* my Faitli in tlie Catluilick Church, I sted- doimics :^<>d t<' ^e all thiu>:is performed nc-
&iilv lieleuetluit there is but one God Almi^htv,
A and of uhobe f^odlieudure these iii. parso lines,
;i»e Fatlier, tlie Sonne, and the Holy Gost,
ibd tfiut those iii. parsounes are tlie same beltc
J
rordins to (io<l> prescript or ordinanncc. — The
latter felloubhip of this ehunh are tlie (.<iinnion
people, whose deniye is to l.icare their pood
niindes and true obedience to the uforescvil
231]
STATE TiUALS, MIenrv V- WVS.'-Tiial and Examination of
[2i2
r.iinistcrs of CiofI, ihcir Uin^eA, cyuWc i?>uen>-
<inr» :iii'J prk'Stcs. 'l'lu> umVx nilicc nf tiipsc ia
ii'.-ilv U) ncciipv tinrv iiinn in liis Ihculte, Ire it
iniT<'Ji:inii(i^C!, Iriiuh-CTalt, ^r iImj tiiiiie of t lie
j:ni[ii»(io. And &o one of tliem to be* ns »n
In !|j( r to nnollicr, r;»!I«i\vv!n:« nil w:ivcs in tlicvr
s.orU'»*«l." ji-.-^t.rOJiuiiniiudiMnfiiUJs iif l!:cvr Lord
(.io(i. — Oiu'rund lit-syilcsnli il.ys, 1 nmo-rt f.iitli-
fullv l,'jitii>* tlsvt ili'j ••tinv.'.nrntCi of Cl.r^slc-s
cliuicii nic 1.1 (■c--j.:.:-y tci all CMirystwi htlcur-rs,
rt'pced. Fvnullv, viitli all eoiitilcnesse lie pm«
lL-.<»tcd lieforo all that were prcM'iir, ihoi he
wold refuse nti iiiiiuitcrof currectioii ihiU sliuld
alter the la\>c» of <«od be ministn^d vnto him ;
Imt tJiat he wold at all linu'H with all mchciii'9
(diey it. Notwiih-laiidync all thy?*, the kyng
HiiiVort'd him to be Miinuioned p^rMiiially in his
ov.n preuv (-!i:nnbre. Than bave<] the lord
(\)!)li:itn to X\*i kynt:, that lie hud appealed
ff'iin t.iiu urclifivshop to the pope of Rome, and
tn; 3 uiu :i'.> Jieiie lo, \\\:\\ tlvy he inily mini*- I tl'/rifffjie h? oujrlit, he sayd, in no case to be lii:!
t,\'{i ;)< ■■.\)i'<l:::K t.» Chrisitn* !yi>t: indtitticitHi ' .j«f.l;;e. And hiiuyng by.** Appcale tliere at
and ori!i'-.:iiiii:'c. Aiul iov so inoch qs I tiin lu.nde rc-Ive Ariuen, he shewed vl wvih all
iii."..yLi';i:.iy rjiM n:ost r.i!.-^i ly nrru-eti ofa in:s- 1 icaMvu'C i') \\\ii kynp;. Whcnviih the kjng
bt;..-i« '•.: il.n s'-jri-umi-: I of i.i:c ::ij'Iv't, t.i ti.i-" I w:'s tir.in n.oi-he more displeased lliaii nture,.
lmi:i"ill ■ 1. -.indri,' o.''m::j.v ; I liriiiiVc- !:tTv r.nt') aiifi ^.'.vd ;Mi':fil*e unt») him, that he ^imld not
:il i:.» .», :!••.: i!ii.» is my hiuli C'^PccTiiii:*: tii:it. ifinrhise Lis /ipi»(.;d: l)Ut rather he shidd tarry
1 I. iv i:<* ill th .t .«■::.< :niii(M-.t to i;i' cinLuyr.;;.; i i:: Jiold, tyiJ suxh lime as it i^ere of the* popo
TCTV ('lir;:/e.. 1. Iv : 'Ml l.-'-i.-uj hijI'. ? 1! e sin.i-
Ivtii'u^ of bM.-.»;'r -: ! w^^' •, v»-«,tl:i' • anio bi.iiv
t!i:'t WIS rojKCy:!'! m1 \uv 1xo!s (Ut'-*. I.'':'.i of
?>J-.:y tiie \ iiv'i-. ,1 )i,o o-i :(i » t:«)'*-e, (ly.'d. tlr.it
u.i> biirif I, ; "•i .' t' c i! yrd r!.,y froni the rii-ail;,
ai:.i is uj-.v ::•■.; :. i u\ liuni'.ii. I;;!^) helc-uc
tj.i.' viiiitci": ::! ' u*. j * f 0:»;l to Lj nK*'!.-; true and
ptiJi.'l.r, aiiii :i;-.y \v'.:*-u dj iisii sofoDowe it \\\
llx \Y i!iv.!' i.r.d w- rl.i-. i.i *,i\c lime or othf-r,
ca;i m;tr I •.•sj'n.'l. \\'i.i ie.}»^ he that >nivClli
it in fi'nli, :u'cv; l-lli i% !':-..-,;v :.'i it, delv-hteth
theiT::\ ai;'l !je:'r>n;iiiLtii w in hui'*, s-hall tatt
in' it the <l.v!. itv of tu«Tj:i>ii!»i: innoccncv. —
Tiaallv, i.:rs i.-- n»v f;;iil> ikW.i^ tliUt ('od wvll
si\e no ir.o:'-3 i-t a ( liri>ttiii Ij.ltMiir in tiiis Ixfc,
but only to obey ti.a |)iircj.tc.> <»f that ::ni.--t
Lles'-ed law. Il ;:iiy prehiies «if the. cinsri !"•
recpiire iiiure, or cl^se anyv otlier kynd ofol.e-
die:ice, t]in:i thys to be \i'i^\^ he Ciint«.:nu'.ih
C'hri«t, cxiilliii!^ himself aboue God, and so
bccometh nn open /uiti-Chriitc. All these
premi-'jw'sl bvliv lso pr.rii( nKulye, and uonerallv
nil that (jod hath kit in bl^ luily servptiMes
tbr.t I bi.nid bvltne: ii^-Liimtly dc>iiin'/ y«,ii.
luv Ivtiie l^)rd ar.d u\ si u»);:Iiv kini:, th.ji li ■. ^
con.'e*=:»i(>n o\ nirne iiriv be itistlv c\<imincd (v
the most gorllv, wise, and learned nu n of y":i.-
realme. And if it be i'tmvA 'v.\ all p'iii;tr»
apicyifi-: to t!:e veriie, i!;mu let il be m> nlUmul,
and I ther\pp<m holden f'i>r n'>ne other than a
trno ehristi.ine. If it In* ',-.r(.nj'«l olbMMi«ir,
than U;t it I<e vite/iy condrinnerl : pniniderl
ylwr.icb. tlijt 1 be tauLbt nbfticr re.'i-ne by the
vn}u[ of (:;id, an.l 1 >ihall nu)st reneiently at
i\\ iimei oli.-y iheriinh»/*
't !'y> ]»relei .:ii'i^^\t»n of b\> fayth, the lorrle
(.'(.n.h:»n ^rr«ite, .^iil >* :o!ie ir wyth hyiii to the
Ci/ii.t. olKr; iiu i"" \\;..h r)l nif.'kenc««e \rili» the
kyii^: lo i' de It <ii>' r. i'ee kyp;: woM in no
r IN'.' :\- •• III r it. !;iit rrnnni-iuU!! yt to be tW- \ i«» n<» ra:e Pf)ficare : In c■J^.^ll4^ion, \ppoiiyour
l\n«i.-l uMio tl«e:M tli.t -l-iill be b'«> Jndi;»»i. nbelly<:iiscoiitum:irie, ye wi re both priuaielyc
^"lr»:i di^yii'd ho in ti..* I i. " j !.':-tn-, lint :;n "'id opt nlye e\conin;u!iicatei1. Notwyth^tiiiid-
bMn.be.i kr.".'.jl ',:. i-nd {. '«:»;■■'■«. j: '.■J-i be »-n*v:fMl in'x wo nent r vet sl.i .vf d onre ••elfe unrcadve
to e<:i..t' 1:1 v;i.'.i is-. •,'•!» .(-.iin, ^sb'ih he lo bane ireniMi v«:n vonre ali^olueion (imr vet
I IK I* r \v.."Mf ruj*. I..-. I f,!" :•;[ llt-rt ,\ IS. ."^bire- . tlo ii'ii to thys honre) woldc ye bane nickely
ou' r Ix (iiVred l.ym <.lf .om •• ilut hi\.- of amies, < axed it/* Into this the b»nl Cobhani shewccl
to f^ght t'ir lyt'* or de:ith with any ni:-n lynin«:, an thouKli lie had "ineii nnhe care, hauing his
Christen '>r Ueythen, in the ipinrn II of his in\nde otherwi>o oceii|;icd, and .so i!f}iyrcd
faitby the kiug :iud tiiv luvdcb uf his couitoell ex- i nuue absuluuuu ; But he snyd, he wuld i^ladly
aiioi-ved. .And xluin, wold hp or nyld he, tiie
aiehclji^litip &i.«iii>l be bis Jud;:e. Tbu9 w»s
I lien." nothing idlo'.vetl that the tood lorde Cob-
bi:ni had hmfnily atore required. liut for st>
innch as he wold not be SMorn in all tilings to
sni.init hi'ii^elfe to t lie clinrt-h, and :«o to take
what ncni:!:.Mce lie an'hb::^hoppc wonld en-
joy ne him, he was arested iiuaiiic at the kin^ea
eonni^amdimMit, and fo led lorth to the Toiler
of !^)Hilon, t») kfpe bis day (*o was it thna
!-'pii!.v-n) that the arclii)Vsbop had appoyiited
him .ifae ia the kintics e!' unbre.
Tl::ni i-auscd he ll)c» af ivc.^tiyd (-onfei^ioii q£
his iMith to be eoppycd a^ulne, and the An-
F.wcre :iko (whirh he had invAvi to the iiij. Ar-
ticles pr.i;.oned a^aynst hiiif) to be wryten in
imii!(>r of :<n Indenture ia two slietes of paper ;
th'itv. han l.e shuld come to bis Answene, lie
i?m:I I ;:fjie the one co[»y vnto the archchishop,
and r»??tn'e.the o:h?r to him^elfe. As the day
ot' i'\:<riiini'.!ii>jv \\;.s eoijieii, whvcbe was the
\'.i»i. day of iMptcn.'bre, the Saturday Liefore
il.'.' tc.i.st of Siiiiit Mathcwe, Thomas Anindeli
the art heby.^liop, syt!iii>i in ('::yphas llunme, in
I lie C'bapt-rli uise o( Panics, wyih Kichard
ClvJTo'-jle b'-"!!!!'! of London, and Henrv Bol-
mi:br>ke bis^luip ff Wineluiitory sir Kobtirt
.Miili V kniiilil aiMl lefetenauut uf iheTowfy
bjouniit pciMinally )u*fore him the seid Lord
Cobham, an<l there letV hvin f<»rthe time, vnto
whom the arcliL-bishop sayd tb(-*e wordes :
Ti\t r^rsl Kxfu'iiiiafio.'i uf thr Loni Coti/tattif
" Sir John, in iljr: bs-^r Leneral C'onuocation
of the rler:.vf* <if tii\<! i iir pronvnrc, vc wcTt
detected »»f etr:ain lJi'*v.yv.s, :.iid by sntlicicut
witnesses found'; ( nlp:ib!e; whi rvp|:on ye were
by li'iinne of spiiituidi laneey'ed, aed vvoUie
233] STATE TRL\LS, 1 Henry V. Ul^.—Sir John 01 Jcasiic, for Heresy. ['iSi
kt')re him and hix lirethrcn ninke nhersall of
Uiat I'jiyih, whicli he hfUii* nud t-ntundcd
•iwavs V} standc to, yf it witklvplcitse tAciii i(»
Ifctn^ him therunto ; ami tlian lie tokc nut of
kj» bu^uine a ccrccjii writing cinJciite<i, cm-
Ct'-'UU'I! th« Article b ^-luTt'of lie was accusfd,
aniJ s v) opeiiij ivddc ic bd'orc iIil'jp, •^tuinc:
ic «uto the urchil)\>iio|», iib he had mtuk*
ibercot'an eiide ; wi.crcdfihys is the copy :
'* I Juhan Oldfcnsielt Knight and i'-rd Ci^l-
kun, w)-U all C'lirys'tMi men to viidersUind,
TiaiThoinaa Aruiick-il, lire hit Vbhop of Canter-
burr bath nut onely laid il to my chnrge iiv.di-
tTottSfV, but also \ery viitruly hy l.ys letter
aod st^uluy wriliei) u^ainst me in n1^^t i>liui-
drrouH! wy»c, tliut 1 bhuld othcnvyse t'ele and
fejch of* the Sacra men tch of the Chnrch (as-
liKniog specjally rlie Sncnuncnt of the Aultcr,
tic Sacrament of Peniiunce, the worshipping
ul Ymageo, unit tlic i;olng of Pilj;rining;e vnto
ibcn) far uther wisM.* than cither Ijelcueth or
teachielh ciic \ itiuersall holve churche. 1 take
Alnijghte God vnto wvincsse, that yt hnth
bi«e and nor/e is, and euermorc \>yth the
U)je of Gud yt shall he my full intent and
v^i, to bdeue fnvthfullv and \\holv all the sn-
cnioentes that ever (.lod crdeined, to be mi-
BfitnrJ in the holy chiirili ; and njnrouer, for
III declare nic in these iiij. points nfoie rehcr*-
d.-~I bf leuc that in the hioost. wor:»hypfull
acroinentof the alter, i» Cliri^ts very botlv in
inne of bread, the Kuno body that was borne
'iibe \i'»(v\izi\ \ irgin ?ilary,doiiir on thccrossc,
iktd and burierl, and that the ihynl day arose
:iTq death tti Mz^ the which body is nowe^do-
riednyth tite Father in heavcm. And as for
itt s<auic nt of pcnaunce, I heleue thnt it is
bi^ittli to ail them that ^hall he snued, to for
>«il^ iWrr «^inn«j and to do penauncc for it
"na trve contrfcion to God, cnnfc-sion of
tiifeir tautc^, and dc\ve j-ntisracivon in Chrvsre,
l|tf *§ GmJis ln\\s hiiiiteth and tcnchi'th, ei!>
oa ciar? huue no snlucitiun ; I'liis pc'nnuncc I
tiryreall lucn to do. And xa fsir Imajres I
sulieritand th:it they pertcyn nVithint; to our
(tir^ftf'n (jeleu«*, hut wtTC pcnniiietl l<in(|r sins
tiifraith wst?- pp^ien vs of Chri-r, ly mUU ranee
fl<ti« c.'-.'irche, tor tu he as l.tdenrlrii^ »nl'i lay-
Zto^n, to rt-pre«ent or hr:n^ to mind the p.ii-siou
« u\k7 L'.rde Je-.us C-iiri'-r, with the mairirdcm
8D'J«OfKl liuin^ of the Munies. — I tfiink also,
liMi. Mt.rfts'icucr he; w! icii ch^Lii tliM woish'n ti*
drtij yifiKii'-^, that ii- dufily hclon^'ir.a vnto (.iod,
«■ t«;«t pMlvth Ilia faith, hr;pe, or onJldiMii i.-
^i/jt »• !. o oft!.* m, as he bhu'd do only in I.i-.
cccri. : t.i'.'ir <f ;d, or rhat hnth aiVtM linn in
'i-iM.» \\z \\ ue in an oti.tr, he pcriMfr.UMh in
•■J iii.;u4 us nbhoniiintlijo sine of i(hi!airy.
Ji'*rc:i»i»-r in ilii^ nm 1 fu'.Iy pt. r.-w.nlrrl, tii<>t
"<-r\c niviii ilvtilvijjc nn rhys a»rlli l> a i.-il-
:fau. eyihcr lo.vardcs hhhsp, or rk t-jv, .iido.
f <*{,*, — ;\nd ifj'jit ne wliiili knnwrrh n t, u t
' 4.. :.»/l kii'jwi-, nor yi.t kef»e ti.r hn'y csisii-
^scndf-niuntc^i of God in hys lyiiynii Iirrr f-ll
•-. 't thi-r he golh on pylgryni:ipe into all
'f^tysert'if the noride) yf lie deparieth sn, he
^*mS ftuitrly be dainpncd. Agayne, he that
knowith the holy comniaundcmentes of God,
and so pci-i''rmeth them to the ende of his
life to his power, bhal without fayle he saued
in Christ, rhoui;h he neuer in his lyt'e gn on jiyl-
grimaj:!' as men vse now a daye!S, to (-aiuuer-
hury, \VaI>in«ihan), Composiell, and KoniC, or
to any otlicr pl:ii:i.:s.**
Tliys Anywcrc lo his Articles thus ended and
redilo, he delyuered it to tlie bysbhopes, as ii
Siivilc afiu'e. 'J'h'.ni couneeltnl the archbiKshop
wythe the other two hyzhoppejs, and with dy-
uer:jeof ihu doctours,vih:it wiisto he done in thys
matter, ronnnaunding him for the time to stand
aciflc. In conclusion, l>y theyr assent and in-
formiu ion, he sayd thus vnto liim : Come hyder
sir Johim ; in this your Writing are many good
thin;;e!< conteyned, and ry«;hl Catholyck also,
we deny vtnot: hut ve inu*t eons\der that
thvs daye was appoynted you \k> ansnere to
other poynts concerninji; those Arliclt*s, whereof
as yet no mencion is made in this your byll :
and therefore ye must yet declare vs your mind
more plainly ; as thu«. Whether that ye holde,
ntliime, an<[ heleue, that in the Sacrament of
the Alter, after the Consecracion rightly done
by a prjest, remaincth materall hreadc or not?
i\lorc(juer, whc^thcr ye do ludd, atfinne, and
bt-kue, tiuit as concerning tlie sacnmient of
{)enance(wlier as a competent noinbrc of priests
are; exeivc C'lnysten manne is necessarely
hound to he conles«erl of hys Wynnes to a priest
<»rdaynevl hy tlie church or not V
After ccrtein other communication thys was
the Answcre of the uood loni Cobliam, * Tliat
none otherwise wold he declare his minde, nor
yet answcre vnto hyj Articles, than was ex-
prc?5£elye in hys wrytin»;e then; conteynetl.'
Th:ni siul the ar«hlH'«hop uyraine vnto him,
* Syr Ji'ii.ni l.twar what ye do; tJ)r if ye an-
s\%ere not cK rily to those thinges that are here
objer'ti'd aijainbt vrMi, spea:dly at the time ap-
p(iini( d yon only for that purpose, the law»f of
lioly cl.uich i^, that compelled ont'3 by a judge,
we ni:'y f»peidy pixK'hiyme ye tm heretike,*
Into \\lion) he <rane this AuaWfre, Do a^ yc
sli .11 ihiuke it U'^^le, for J am at a f>oint.
\V hatsiiouer he or the other hy^f^hopprs did
a^ke him after that, he had them recoil to his
hyll, for tticrby woUl he stande to the verve
dLiitli ; other Answ<'re wold lie not newe tliat
d.iy : V. he- with the bis'-lu)p» and prehues were
ill a f.t.'ifr ;»pi.!««<;l and wonderfully «lisf|uyeted.
/.t th- );-! I he AM-h))ishop counselled again
\\\\\\ Lis oiiuT bishops and doctours, and in the
i\\\\ tl.v. «.:'('. (land vnto him what the holy
r)aM( h \ \ ll'MC, lolowinj: the sayin«i^s of iSaint
AnsrvM, >;iiit i heroin, Sanit Amlin^se, and of
oiiicr }-.{Jy J<if tour^, hatl deicrniined in these
nv.itic-r'i, ill! iiiaiiiier of niiMicion ones made of
( lu'ist ; v. !ii<.ii dcteiniiniu ion (.sayih he) ought
• ill t lirysttn luenne hothe to heleue and to
lldov.i'.
Than «-aid tin.- lord Cobham vnti> him, That
h(* wold isl.ullye hothe belene and ohseiue
wh:sir<»c»''^i thf; Inilv churcli "f (.'hristes iii^^ty-
iMrl«in \yv\ detniiiiaLd, or yet whatsoeucr (>«mJ
hud willed him ey:hur to bcleue or to i\o \ but
235]
STATE TRIALS, 1 IIenuy V. HI S.^Trial and Examination qf [250
tliat the pope ofKomc with his ranlinals, arrh-
bvbhot es, bishupe:*, ttiid other prchites of that
church, had lai^full power U> deceniiyne buche
matters us btode not with liis word throughly,
that woldc he not (he sayci) at that tyme
all'yrHie. Wyth thys the iirchhyslioppc bad
hyni to take ^ood aduysement tyil the Mon-
daye ncxte ioilowinize (which was the xxv. daye
of September) and tlien justlye to aiiswere
spcc^allye %iito th\'3 poiiite, Whether there re-
iiiayned niateryal breade in the Sacrament ot'
the Aulter, atler the wordes ot' con&ecnititin,
or not } He prx>niysed him also to scndc vnto
him in wr)tmg those matters clcrely deter*
mineil, that lie my^ht than he the more per-
lyglit in hys answcre making ; and all this was
not els but to hlvndc the multitude with som-
what. The next day following (accorrlin^ to
his promes) tlie archbishop sent unto him into
the I'owr this foly^h and blaspheniriuce Writt-
ing, made by liim and by his vniearne<i clen^ye.
The Dctvrminution of the ArchbUhop and
Cltrgyc,
'* 'Hie Faith and Determination dC tlie holy
church touching the hlosful ^Sacrament of the
Aulter, is this, That after the sticnunentail
wordcs be ones spoken by a prie»t in his niasic,
the niateriall bread, tiiat was before breafi, is
turned into Christes very body ; and the ma-
tcryall wyne, that was before wyne, is turned
into C.'hrystcs very bloud ; and bo there re-
mayneth in tlie sacrament uf the aulter, fn>ni
tliens forth, no materyall bieade, nor niateriall
wyne, which were there before the sacramt* nttill
wordes were spoken. How beleuc yc this
Article ? Holy Churchc hath determined, that
euery Chrvsten man lyuing here budyly vppun
earth, ought to be shriuen t(» a priest ordeyned
by the church, if he may ciime to him : How
felc ye thys Article? — Christ ordeuied Saint
Pi'ter the a|u)stle to he his vicar hert- in eaith,
whose acc is the holy church of Rome ; ami
he grauated that the same power which hi*
gaue %nto Peter, shuld succede to al Peters
buccessours, which we call now popes uf Rome ;
by whosie speciall ])ower in churches particular,
he ordeyned prelates, as archbishops, ln>hop«<.
parsons, curates, and other degrees moie, unto
whom Christen men ought to obcye after the
lawes of the churche of Home. Thys ia the
detemiiuacTJon of holy church : how tele yc this
Article ? Holy Church hath detcrmhied, that it
is mcritoryous to a Cliri»ten man to go on pil-
grymage to holy places, and there specially to
worship holy relyques an4l yniages and sainte^,
apostles, martirs, confessours, and all other
suintcs besydi'S, approucd by the church of
Rome : howe fele ye thy* Artycle ?'*
And as the good h>rd Cobham hud red oner
thys moost wretched Wry ting, he nmruellt^d
greatly uf their maddc ignorauncc; but that
he consydered agayne, tliat God had geucn
them ouer for theyr unbeleues sake, into nioost
depe exTours and bUndncssc of soulc. Agaynt,
he perseyued therby, tiiat tlieyr vttemio&t lua-
]yc€ was purposed agaiust hiui, huwiocucr he
shulde ansnere ; and therefore he put his lyfe
into the huiidett of Ood, desyring his onely
spyrit Co assist liim in Iuh next answere. Wlian
the seyd xxv. day of Septenibre was come
(which was also the Monday afore Myghel-
niasse) in the snyd yeare of our Lorde, 1413,
Thomas Arundell, the Archbishop of Cuuutcr-
bury,commaimded his judiciull seaie to be re«
moued from thac ciiaptcrhouse of Pauls, to the
Dominike Fryers »ythin LudgHte at London ;
and us he was there set with Rycliani the bi-
bhop of London, Henry the bishop of Winches-
ter, and Benet the bishop of Bangor, he called
in vnto him his counsell and his otticers, with
diuerMC other doctours and friers ; of wliom
these are the names here followynge. Master
Henry Ware, the othcyall of Caunterburv; Phi-
lip Morgan, doctor of both hiwcs : Howell
Kithn, doctor of the canon lawe ; Johan
Kempe, doctour of the canon law : Wiliyam
Cnrltion, doctour of the canon lawe; Johan
Wit nam, of the New College in Oxford ; Johan
WMiiglithcad, a doctour of Oxforde also; Ro-
bert W'onbewell, vicar of Saint Laurence in
the Jewry; Thomas Pahncr, the Wanlen of
the Mynopi; Robert Chamberlaine, Prior of
the Dominickes : liychard Dodington, Prior of
the Auuostincs ; Tiiomus Waldcn, Prior ^^i the
Carnu iiti's, all doctours of diuinite; Johan
Sti'ucns also, and James Cole, both notaries,
appointed there purpously to write uU that
shuld he eyther said or done : all these, with a
great sort more of pryestes, monks, chunnoniy
friers, paris}i-clarkes,bel ringers, and pardouen,
disdained him with iimamerable mockes and
scornrnt, rekening iiim to be an horrible heretik,
and a man acursed afore God.
Anon the An:hbyshoppe called for a Masse-
hoke, and caused all tho^ prelates and doc*
ton res to swearc thirc vpon, that everyc
shoulde fuythfnllye doo hys ofl;yce and dewtye
that <laye ; and that ncythcr for fauer nor feare,
Innc n»r hate of the one partye nor the other,
any thing shnlii ther be witnessed, spoken, or
done, but accordini; to the trueth, as they wold
answere befoie (iod and all the world at tlie
day of dome. Than were the two forseyd no-
taries snorne also to wryt and to witnes tlie
wordes and ptocessc that ther shuld he vttered
on both pariith, and saye their mindcs (if thej
Jitherwisc knewe ii) helore they shuld regesler
ii : and all thys di«>!>nnulation was but to ctdour.
their mi^('heues before the ignoranntmiiltytude.
— Cun^ydre herin (gentyll reader) what this
^^icked generac on is, and how fnrre wyde from
the jn!>t r'eaie of God ; for as they were than,
so are ihey vet (o this dnve. — After that ctuu
forth het'orc them >ir Robert Morley knight,
and lefetenaunte of the Tower, anri he bruuglit
\\\y\\ him the good lord Cobham, there leuuing
him auioni: (hem, as a lambc among wolueiiy to
his Kxaniinacion and Answcre.
The latter Exaniinacwn of the Lord Cobham f
iieptanbir 25.
Than snyd the Archbyshnppe vnto hym,
" Lord Cubhami yc be aduyscd ( I am sure) of
537] STATE TRLVLS, 1 Henry V. XW'i.— Sir John Oldcastle, for Hnfsy. [23S
the woordes mnd processc which we hnd vnto
Tou vppon Saturdave lost past in the Cliupter-
house of Pauley, which proces were nnw to long
M be rehe:irsed a^aviii.- : I suvd vnto you Uran,
that je were acurscd fur your contumacy hiid
diMbedieiice to h<iiv ChurcJi, thinkin*; that ve
shulde witli inekeiie^ haue desired your ubsolu-
aozi.' Than «pake the lordcCobhaiQ with a most
cherefuU coiitenaunce, itml sayd, God snyiii by
his bolye prupliet, Maledicum benftiictionbut
talrit^ which is as much ns to «av, 1 shtill curse,
nberos you blebse. — ^The ArcIihis^Jiop made
than as though he had continued fur the thys
Ule, and not heard him, saying, * Sir, at that
Cjme I etuitiily proferd to huue nssoyled you if
Te wuid liaue asked it : and yet I do tiic ^iamc,
a ye will humhlye desyre it in due fonnc and
miner, as holy Church hath ordcineil.* Than
nyd the loni dibham, Naye, furM)th, uyll J
Bot, (or I neuer yet tre^pasbed against you, and
iherefiire 1 will not do it : and with that he
kneled downe on the pauemcnt, holding vp hys
hB04tes towards heauen, and saved, I shryue
lie here vnto the my etemall lyuyn;;e (jlod, that
ID my frayle youth I upended the (Li)rde) moiit
greuuusly in pryde, wrath, and glottoiiy, in
CMietiMianes and in l€K:hery. Many mc n iiaue
I hurt in mine anger, and done manye other
horrjhle synnes, f^ood Lord I nske the mercy ;
and therwith wepingly he ^tode up nsnine, and
«i}ii with aniighty voice, Lo, cooc) people, )<i,
^7 the break ine of God*s la we, and his great
orjokmaundemenis, tliey never ytt cursed me ;
bet for iheyr owne lawrs and tradicious mo:»t
cndly do ihey handle both me and other men ;
iiui therefore both they and thcyr lawcs, by
it« pronies of God, shall vttei ly be destroicd.*
\t this the Archbjohop imd hys Cduipanye
*«r»EfAalytle blemyshed; not\vith»<tandinir lie
^^*: «i«uatk vnto hini a^ayn, alter certain
t>''.-UrsiKtd in excuse of thcyr Tyranny e, and
fusined I lie hmie C'obhani of his Christen
&4«c. Whereunio the hmle Ci>bham made
UiT. c'*dly An!»M( re. * I belcue fullyc and faytli-
fuiiyv tint \nyueisMH lawes of God; I }>cieue
tiut all is true which is conteyiied in the holy
Mrred Scriptures of the Bvhie ; nnullv, I be-
\t\i€ all that mv Ix>rde (jnd wolde t shuldo
brieiit:/ — Tiian deinannded the Archbishop an
An^were nf the Kyll whidihe and the clergy
lad Mill him into the Tower the day afore, in
Bauer of a Drtcrmvnacion of theC-hurch con-
rtnnns: the 4 Articles whereof he was accused,
ipectully fur tlie Sacrament of the AlUr, how
U btrkucd therein? — Whemnto the lord
Cuhham said. That with tiiat Bvll he had no-
thini^ to do ; hut this was his Beleue concern-
iTt (iie Sucniiuent, That liis Lord and Saner
J««a9 Christ, '•yttinfi at hys last Supper with his
tBTr^ drre disciples, tlie nij^ht before he f^huld
». HT. toke bread in his hand, and <;euing thanks
!•' I ■•! eterfial Father, blessed it, brake it, and
lo cioe vnto tlic ui, sayiiii*, < Take it vnto yc,
'ladfate ihemf all; thi« is my body wlilch
' fefuiil be ^(e*^uld for you, do titishereafttrin my
' ruar:nbrance.' This do I tlioroughly beleue
kif thii Faith am I Uugbc of the Gosi>ell in
I Mat how, in Marke, and in J^iike, and also in
the Um Kpi>ile of Saint I^aul to the Corinthi-
ans, chap. ii.
'Ihcii asked the Archbyshoppe, * If he he-
Icued that it were brcade after the coiibccra-
cion <ir sacrainentall \^ordt'S .spoken oner it.'
The lord ('obluiin sayd, ' 1 beleue that in the
Sacrament of the Aulier is Chri>t$ very body
in fourme of brea<le, tlie same that was bom
of the Virgin Mary, done on the cro^hC, dead,
and buried, and tliat the lliinl day aro«>e froin-
death to lyfc, whych nowe is {;loriiied in hea-
uen.'— Than sayd one of the doctors of lawc,
* After the sacrainentall wordcs be vitcred,
there remaincth no brende but the onely body
ofChri&t.' Thelordc Cobham said than cu one
Master Johan Whigluhcad, ' Vou said ones
unco mc in the cascell of Coulyni;e, that the
saci'L'd Host was not Clirystes body ; but I
hchlc than Ri;ainbt you, and pmucd that herein
was his body, though the Seculars and Friers
could not tlicrin agree, but hcldc yche one
against another in that opinyon : tiiese were
my wourdcs tlian if ye remeiubre it/ — Than
shouted a sort of them together, and cryed with
great noyse, * We say all that it is God's body.*
And dyucrse of ihcin n^ked hym in ^eat anger,
Whether it were materiall breade after the
(*ouftecTacv(>n or not? Than lokcd the lord
C f)hham earnestly vppon the Arclibibhop, and
savdc, * I helcve surely that it is Chrvstcs body
in f airme of breade ; sir, bclcuc not you ihus.^'
And the Archbislioppe sayd, * Ves mary do L*
Than asked him tiie Doctours, Whether it
were onely Cliristes body after the consecration
of a priest, and no bread or not? And he
sayd vnto them, It is Injth Christ s bo<ly and
bread. I shall pruue it ns thus : for lyke at
Chry<>t (ivvciling here vppon the earth, had in
him liotti Godiiede and manhead, and had the
ilull^it»lc godhead conercd under that manheati,
which w;i!> oiilv visible and >canc in him : so in
the Sacrament of the Aultcr is Christts very
body and very bread aUo, as 1 beleue the
breade is the tliyug that we see v\iili our eyes,
the bodye of Christ (wluclic is his lU"<h and* hi»
blood) is there Mider hyddc, and not scanc, bat
in laytfi. Anrl moreoucr, to prove thai it is
both ChrisL's bodie anri also bicad afier the
consecration, it is by plaine wonis expressed
by one of your owne doctors [(iclasius contra
KutychenJ writing against Entyches, which
saith : Like as the selje same Sacraments doc
pa*se by the operation of the Holy Ghost, into
a diuine nature, and yet notwithstanding kccpe
the propertio still of their former nature : <io,
that principall mystery declare th to remaine
one true, and perfect Christ, &c. — Than ainylcd
they yche one \ppon other, that the people
shuldr judge hym taken in a greate heresyo :
anil wyth a great bragge diuersc of them savdc,
It i> a foule Heresy.
Than asked the Archbishop, ' What brratlp
it was ?' Ami the Dortours also iii(|nired oi'
hym, whether it were materyail or not ? The
lord Cobham sayd unto them, the Seripiiirf h
maketh no mencion ol this woorde matervall ;
23^] STATE TBIALS, 1 IIenrv V. 1415.— Trial tip d Eiaminationqf [240
and tlicrefore inv Fiiith Jiatli nothiiif; to do
tiieruith : but tliys I say and licleno it, that it
is CJiii^tes botJyc ami brendo ; thr Clu}r*l sayde
in tlic syxt ol'Juliaus Gospeil, Tlgo *u:ii funis
t'iruf, fjai tie Oelo descend i ; 1 wliicli came
duwiie I'roia lieauen am tiic lyuini;, anil not tiic
dead bread: titcrcforc I siiy now ngaiii, Jikc: as
I said aibre, as onr Lonr.fisus Clirvst is very
God and \ery Man, so in tne must blcss(*d
Sacrament of the Aultcr, isClirystc^ very body
and lircadc. — ^Tiinn seyd ilicy all witb one
voyce, * It is an IJercsyc'
'Of>e <il'tlie ljys!u]j!pc'9 stode vp by and by,
and said, ' What, it is nii hcro>ye inanyre<tr, to
sayc that it is breade alter the s^icranientall
wordcH be ones spoken, but Cln*\'5teb body oiie-
ly.' The locd Cubhani said, f^.iinct l*au!f the
Apostle was, I am sizrv, i»s wyst; as you !>e
nowc, anfl more ;,«>dlye K-rirnc:!. A nd be called
yt bread'.', wrylliuj; to (iic Cirinihians, * The
breade that uc b:(>nkc,* 'ayth \iv, * is it not the
parta!;in<; of the body of Christ r' Lo, lie callfth
It bread and not Chri>trs body, but a meane
thereby we receyrc Chri^'tOi^ b<;dy. Than sayd
they agaync, I'aule must be oihenvi^e nulr-r-
ftanded. For it is surely an hcrcsye to ^<a\e
that it is breade after the consecration, but
onely Chrystes body. The loi tl Cobhani nsLcd,
howe they roulde make good that sentence of
theirs ? They answered him thus, l-'or it is
ai^ainst the determination of hoi vChurrlie. Than
sayde the Archbishop vnto him, ' Sir Johnn we
sent you a Wrytling concerning the Faith of ■
ihys Ille^.-icd Sacrament clearly deti.ruiir.(.d by '
the Church of Itouu, our nioihcr, and by the |
holy doctour^.' Than sayri he again nnto hiui,
'I knowe none hoi \cr than ij Chri-t and his
apostles. And as lor that dHcrniinarion, I
wote ic is none of theyrs, f<ir it'standeth not
with the Scriptuie>, but manifestly ai^ninsi them. ;
If it be the Cluirchc's, as yo ^ayc it is it iiatlj [
bene hers oncly sins slie rertinid the gicaic i
poyson of wuilii'.y pr)ssesbion<(, and not afoie.' }
Than a.-<ked in in, they to ttoppc hv.i niuuth '
tkerwith, if he beiciied not in the dttcrmina- I
cion of the ChnrrhP And he said vnto them. No ,
forstfoth, for it is n(» (lod. Tn ail uurcrcdL i.> it
but thrv?>c mencioned conccinin;^ bcIiMJC ; in
Cod the Father, in CJ<»d the S<»nne, i". (lod the
Holy (ioo:,t. Thu HYiihc, the De.iih, the Hu-
riall, tlje l(e^nrrc< tion and Asconsvouof Christe
hath none in, i'n- !.cKue but in hvm. Xevihrr
yet haih the C Irircl.e, the Sacn\n»entcs, iI.l* {
For[:vucnt«» of ^ynne, the latter licsfarrn i .n, j
nor \et the iM'c F.\eila&ling, any other in, th in
in the H'lly (Hi!»>t.
Than sayd oul t>i' tlse L'lwicr-, * Tn?i>, thnt
was h»;t a wurdc rf oIVk'C. Hut wh.it is x.iui
beltue ronciTi.iiui Ih.Iv Ciun'chr* Tlu Inrtl ( 'nh-
bnm answi'iiii, My btUup is (as I ^aydt• ar..rf)
ihul all thi* S( .:;. tnrr^ of" l!".( Saii-ril Ui'jl- :.r<.'
In:^'. All th.il i.- •.Monndt'fl vp^u ii tlu-m, I hc-
Ituc l!iroULl.I>. l'»'r, I l.uiw. jt i-i (;<iu*> ».lra-
snre llial 1 shn'.il -o d i. li'it ni vonre hTvI'v
lawcs and ydell d< tdininations hacc I n;i l'i>
leuc. For u» be no pan ofChristisli{»|\ Cliwii he,
as }uur open liedeb doth rhcw ; tut yc arc
very anticlitists, obstinately set against bis holy
law and will. The lawcs that yc hane made
arc noihin>> to his {^li)"ye; but unely for your
vaync ^Utty and abh.ifai.iablc cotuietousnes".
Tilt's they said, was an exccadin^ lieriav (and
thai in a great fume) nut to beleue the deter-
mination of hoiv Churcii.
Than the Archbishop asked him, wliat he
thoui;ht ll'jly Church ? lie saiirvnto him: My
beleue if, tliat holy Church is the nonibrc of
them which sliail be s.incd, of whom Chriat is
the head. Of this Chuidt one part is in Hea-
uen wiiii Christ, an other in purgatory Cyou
say) and the third is here in a;rth. 'J'hi) later
part standeth in ihre decrees, in knij^hthode,
pric^thode, and the comunalic, as 1 saide aiore
plainly in the Confi-ss^un of my Heleue.
Than saidc iho Archt;i<.hop \ntu lum, < Can
ye t( II ine who is (if this (.'hnirh?* The lord
Coblium answered, Yea iraly can t.
'J han Slid d«»ri ji:r V/uI-icn the jirinr of the
Carmelite's, * |i isdoidiic vnto yosi who is there*
of. For(. hrist sayih in Iduth. NulUejudi^iirt^
I'rcsnnie to judt^o no m;m. If ye lieix: be for-
bidden the iud^mcnt ot vonr neighbour or bro*
thcT, niorhc more tlu- jnd{;nicnt of your supe*
ri'.r/ The lord Cob'iam made him th\suns«rcry
i-hryst sayth also in the Fame sclfe cliapter of
Math. < That lyke as the yll tree is knowue by^
his yll fruit, so is a fulnC prophet by Jiis works,
appeare they newer so glorious.' Ibit tiiat ye
left behind ye. And in Jolian he hath tbif
text, Uptrihus cuditr, lieleue you the outward
doings. And in another ]>lacc of Johan, Juttum
] ndic I urn judical e^ Whan we know the thing to
he tine, we may so judi;e it, and not offende.
For Dnuid sayth aUo, llecfe Juihcafe.Jihi hoini'*
num, * .lnfli|;e rightly always \e children of men.*
And as for yoin* Mipcriorile, weie yc of Christ,
ye should be nickc miniate i>, and iio proud su«
pcrioiirs.
Tiu'M said dortour Walden nnto him, ' Ye
make here no diircfcmv of judgements ; ye put
ni» diuersite betw nu- tite yll judgements which
Chry>t hath foi bidden, and the (rood .induce-
ments, whi^-h he hath roinnuiunded us to haue.
Uar>li Judgement and ri;;ht judgement, ul is
one wiih yon. So is judgement presumed,
and jiid<:cn.t'nt of office. 8o si\ift judue«« id-
ways are the learned srt»lers r.f Wickleue.
Cnto i\hi.>ine the lord Cobham thus nn«»wer«i
ed. It i) Will sophi^trie.l oi you fo rs( )i h ; pre-
MosleroiiHe art* your jud^cnienls euer more.
rr>r as the proj l.< t Ksay saiih, * Ve judge yll
iio.id, ai.d li'idd \ll.' Aiid tlierelore tiie !«anie
{■n \ lut c«»n( "lis.ktij, * Th.it your wayrs are nol
( iulj: \v;i\ 1, noi" ( uids w a\('-« vour w:tves.' And
as for that \(ri>'): c in:M Wickleiie, wlxise
i'.u'i'ijcnt ve -o hi-iilT i!»'d.iM.f; I shall saytt
hi'ic t'>r niv [>:.i'L ).o-ii Ik^.^u* (icd luid man,
r! 5i hi lure 1 i.ne.v thai •Ii»ii:>.-[1 dochini* uf his,
I IK n«T a^^ll viK'd fioia .->\nne. Kut sviib I
han.fd li iTi ;i l.i feare my Lord Cod, it hath
<.i!.< rwi^i.>, I i.ii<t, li.> II w-tli iiio: so much
•ji.ico ("idd I luiier linde in all your ^Uihouse
in4iii( liiCi-.
'Ihau aa\de doctJurWalJeii n^uiu yet imtft
Cllj
STATE Tin ALS, 1 IIenhy V. l \lS.Sir Mm OUiaMicfor Jhrnj/, ['J 12
hvra, « It u ert" not well w vth iiie, so int-n y ^ cr-
luutis meti Iviiviii:, and m) nmnv le;iriic(l infii
teactung. the bcrifitiires ii«'ii)<: :il>o h) opcr.. and
the examples uftltthcrs «>ti plriite'iiisc*, it'l ilciu
b!uln» grace to amendi' mv life till I litsirdo (lie
dcutrli prraciif. .Saint IliL-roni saitii, that hi*
iiti\cli M'kcth Miclif suspected n)a<<tc!<<, .•«ludl
rut tjrnde the nndday iyiiht, hut the midiiay
dtiiell.' Tlxe lord (.'fthhani siid, \ Cur r.silK'rK
llie oldc Pharisees ahciyhi'd Clirystcs iniiacif s
Ui Ik'Uebuh, and hvs dot trine to tlu* dom'il.
And jou us their natundl children hnni' «>tiit
the same »elf judgment, cnnctTning his t'nithfui
liiliowerj. They that r«.huke your viciously
huyng, must nedes hv heretykcs; and that
■u«ty<iur doctuiirs pmuCy wiian ye haue no
«nf>f tires to do it. i'lian said he to them all,
To judge you na ye be, He nede no farther go
llaii your owne propre acies. Wiiere do yc.
frad m ail Gods lawe, that yc shuld tl.n«t sy t in
judinncnt ot^any Chri^trn men, or y^'t sentcn.^
■rye oihi rmaii vnto d»'!tih, as ye du hurechiilv?
S'j ground hauc ye in all the Hriptures V )
tonk'iy Ut take it \ppnn yi ; h.jt in Annas nii'l
■ Cayph.12*. whirhr ^nU 'h'lr* vpfon ('liiy?i,an 1
vpvoii hi!» apn*":!*'* at".* ;• liis a.-c\;nry<'n, i)riht'in
oiwrlf h-*ne ye taken it fojiidtc C l.r^k'N nicni-
trt* a> %«• do, and iif\»her ol'l'ctrr nor Johan.
Ikian aayde*'.me ot the Laxvycr.-, * \'v> for-
^ol^^ i.r, "tor C hnst.iu.l^-.i.d Julias/ Tho lord
Cobham r-ayd. No, (h.rist iud>;iMl him not, hnt
bejudgeil iiini'-.citc: and thenipon wcni toith,
■MS »ii did imf\% nhnsc'lte. But indedc Christ
md, »o %nio him tnr tint ccmetous art of hin,
vn'iji doib yet styll unto many of yon. Fur
wa* lU* \e:.i*iic was shid into the chnr<'1i, ye
»c«^-t 'lowed C'hiiftt : neilluMvi't ha\ eye stand
w * * (.•errectioii of Oods hiwe.
liri:ii*ked him tlie ar«*hh\'-hoppp, * What
^e oMiiiit by th:.t venini?* 'i Ite lord C'oLham
»**«*. w»ur j,o»f»< ??y«jns and hird^hippcs : f.ir,
Vmii rr%«:d an auniieli in the a\n* (as y^n^r owne
( tronycles nienrioneth) * \Vo, \\f», wo, tliis
flay i-» \cnmie bhedde into thorhurrh of (io I,"
lki>kT€ ihJii tyinc all the Bysliopcs vS H'ime
^^enr martifs in a niancr. .Aiui sciiS that time
»tf rede <d' verv fetv : hut in di'de «cii'< tlsat
ajTst tune one hath put down an other, one
Li'ii powHicd an oUicr, one hath curbed an
A'f^r, one hath tihiync an oilur, and done
B'luh more iui»eiief»* beside^i, s\'- all the chio-
t*r.tc% i«>ilith. And let all men coii^xdre well
lt,i«, That Christ wan nuke and menifuU ;
lljt pope IS proud ami a liniunt. Christ was
l^re and for::iim.>; the pO|>c i> rirhe, and a
ir.«*%t rriiell nian-hiTLP, as hi^ davlv artc*^ dotii
fn ive hmi. Rontf is tlie verv i!C-*-t of Anii-
ra\le lu'hind. As vrm fryers .".nd monkes lie
l»ke |dKiriM'(-> dinidfd in your outward appa-
it'll and vsaiio, «o make vo diiivs\on amoni: the
ptple. And thus, yon w jtli ^u(:h other art* the
MTV nnlurall miinlu'cs cf Aiit.vc'l".r\>l. — Than
said he vnto ihcMii all, (. hri^le >aiih m his pis-
p*ll, * Wo to y»)U f^r-nhcs and Pharisws, ypo-
criics, for yt? t-Ui^i* ni) tin* kii'iidom of hcuni'n
heiore :n<'n. .\fvth«;r tnfre \e :n xnur silves
nor yit snfVrc any oih»*r tliv.r W'»u.ii entre n.io
it. Iliit ye stop nj) the w:r. t-* th.^reimto with
vourowm* iradn'ions, at;d thft fore are vt* the
hon>hii!fl of Aiitirl'nsl : Vf will not lu-nnit
<JoiU viry:e to l.aue p*'*-!ii;p, nor yet to be
taught of hi:* true niini-UMs, tcarinj; to haue
your wit k» dm^^s rt*i»r«»ut.'d. Unt bv such vavne
riuiterei^fis rpholdi* )ou in your mi-cheut», \v
snfliT the omiiion pi-ople m .■^t Ji)iM.riil»ly l-l Iv
scducetl.*
Than saide the Arrhi.i-lini), < Hy nme 1 •.«!y.
Sir, there slutll i.o Mi.-i.e j..-: : ■ he witiiin my
diore>e, land (lod wiiii um- \»t i»i ir.y »m's-
dift on, (vf I m;!\ iJiow vtia- fi.l.ir n-.:Kt ih
dnn*'«>n, or %rt di-<i"n I'u :mj.« i'-.-.' the j» -oro
coi»nn»>i:>.' Tjjo I'ui (. i.li....sn .-avti Ilulh
Chry>t ami I.i> Ap -lit.-? wtie ;»■ cuscd nf ^i;!i-
ci.m m..kiii::, y\ v ne il.ry u.o^l piT.t c .ii»le
men. Ho'ih hmitl aiwl Christ pnipluMycrl,
that such a Iroithloiis iNnu- '•hnlK' eona-, as
hath not been \il >ts: llitr xMjjhks htuinmnii.
And thi< proplacu- i^ imilly hihylcd m vnir
daies Mul doiiiiio. I'or many (janc yi' shisne
already, and more- wyl yc >1cl' liuMl'tcr, if Ood
bdlil nor his pn mi-, i lr.\-t saith alv», if
tho^e d.»y.s «»f yon-s v.vre i\ -t horttncd, sc:n-ly
sl.nid :!ny lU-<h hi- ^-inrd. 'I '.frcfore h>k(' I'.ir it
JumIv, tor (io.i ws'.l 'l.iiin -. ;.. Ml" fla\ t. /••■ii-
owvw llu)i;iili pri* ->?•". ami (!i nun- i'.t j-u-ail.'.P'i
'.f (.io<l\ won*, :ind lur nuui l:ii:i tl:L- mu ra-
n:ei!ts, wsth pnuii-ion for the pon-, ho j'.nr.uid-
ccl in (h)d% la-.M-, V( I ham" th.CM «.th« r m-cU-s no
ninticr ot" i:r«iund I'sireuf, ^n a«i ha- i\> 1 h:nic
red.
Than a T)Kioni* of I.u-.m*, r:\.\u\ mn [-v
.lohan Kcinpr, j larKi d <nn ot" hi'* hn-onti- a
ropvi: of that !i\ll wliiih tlu \ h;ul atore ^t nt
hi'u into till- I'tiWir, h\ tl.f Anl'b'-!.0| •»
Couni'il, thinkii.'i then !.n to make ^laiitrr
worke with him. Tor tii- y wrc >o ai.iaM-«I
wi'h liis Au'Wir- not. al >nhkr to tl.f m whirh
di>puted wilii Mivcnj thi't tluy knew not w«ll
how e to ornipvt; tla- t\nu\ there wvitr^ and
S'Ophi'^irv r;i- t i.'il wo!d»') •^of:i\lid t'a-m liiat
thiv. S\\- l'»pl (niiiini t^auh this (Io<ti»r)
* wv im:««t hiciMv knov. \. nr ni\nd«' r«inrf tn-
inn tl.«-«r I r<iv!iit^ lu n* f«.!|.»'.'. ir.Li. Tlu- lyr-t of
iliiin is i!;v>.. Ar.d tiu-n 1 1' r««lde \yn[\ tin* l»\ll.
cltr\i»t, and out of the nrst rometh all hi> <li>- | Tii" Tavili and tlic niicinriiaiion rf I oiv
aple«; of whomc piilatt v, prii*tCH uml nionkvs ■ ( l.Miih toMcli.ii'j tlu- rir--««iil Sarr;:.ni-nt ol the
ire the l»«idv, and trc-o i-xlh- liiirs are ll.e - A'.trr i-* ihi-, tlul allr.- the sacian«cnta'd
• - • ■ 'I
ttylf, vih\f:he C'lOTi ih his mitost i\!thy part, i wonl"> he <iin> spoken 1»\ a p'.M«»i ni iiys
Than »a\efltl.e Pf vorof fh'" frvre .\ni:ii*tini -, ! m I***!-, tlie m;'t«i\al( h-"! a<l that w;i^ lit r»:
' Al;»c, Syr, ii*liy tU) ye >.iy so.' That ii nn- j hr< a<l, i*- tm-i ed ii.l<i ( nn^ti - xrry hnuxr. An«!
charitablv spoken.' And tin- K»nl ( ohlrsm ' tii^- m.ittiiall wvnc tlsat was Inf. rr w\»m-, is
mH, not only i^ it my !«ayint;; bni aho the [u-o- i tnnM-d into ( hn-tts vi ry I louilc. .^ml *«»
f>.*'l Ksa«e» long afore ni> tyme. The pio- , iln:»- rim:iiis( »h m ihr s uranH nl ot' th.r ;rilii i
tKi», sayth he. which preachcth lyes, is the , Ir '01 then? foith no niai'tN.dll read n -r mi-
\Ml. I. ' »•
ors]
STATE TRIALS, l Henry V. IMS.^Ttial and Eiamination qf
[244
UrvsiU wvne, which were iIitTc betuic the sa-
craiiu'ntall wurdcs wtrt" spoken ; Sir, beleue yc
iKit cliis ?' The ]otd Cohhnnt sayed. This is
iioi nty iSelcue; but my Fuith U (as I b»yd to
you atore) tliut in the «%oiahypl(iU sncraiiienc
of ihe aiilter, is verv C-iiribttrsa botlv in t'ounnc
ot' breade. 'lh:in !>aid the Ajcljliitihop, * Sir
Johan, ye must say otherwise/ TUv loid Cob-
ham saide, Nay, that 1 shall not, if God be
vppnn my sydc (as I trustehe is) hut that there
is Christes body iu tuunnc of breude, us the
comon beleue is.
Than redde the doctor ngaino. Tlie second
Point is this, ' Holy Churche hath determined
tliat euery Oiristen wan lyiiin|; here bodeiy
vppon earth, ought to be shryuen to n priest
ordeined by the church, if he may come to
him : Sir, what say ye to this ?' The lord
Cohhum answered and said, A diseased or
iore wounded man liad netle to liaue a sure
wyse chyru^^ion, and a true; knowing; both
the gruund and the danf^er of the same. ^loost
nec(.5>>ary were it tliorelore, to be lyrst shryuen
viitD (i<)(i, which finly knovveth our diseases,
and can helpe us, I deny not in this the going
to a priebt, ifhc be a man of good lyfe and
h.'arniiHj; : for the hiwcs of (rod are to be re-
f]iiire.i (if lijc prit St wtiich is tiddly learned.
But if he he an vchute, or a man of viciouse
l\iivn''c, that is mv curafe, I ouj^ht rathe r to
ihe tiom him, tlian to <:(.'ke unto him For
Sooner mi^iht I catch yll of him that is nondir,
titan any gooJncMse towardo? my soule helth.
'1 iian redde the doctour ai,aiiie. The third
Pointe is this, Chrisie ordeined Sainct F^etcr
the ap().-«tle to he hi^ vicar here in U'rth, whose
Sie is the church of iCome. And he graimted,
that the same power which he gane vnto Peter,
bhutdc huccecdi- to all Peter's successors, which
we call now popts of Jlonie. IJy uh-jse spe-
ciall pi>\vcr in churchcb partycular he ordcyncd
]irelates, :is arclibi^hops, parMjns, < urutcs, anri
otIuT dtiirfcs nunc ; vnto whom i-hri>t(Mi men
ought to ui;eye after the huvis of the Cl;i!n h f)f
Home. This is the delerminatitin of holy
church: Sir, hilcxe ye not thih r' ']'■! il i-^ he
answiM'rd and s.iid, lie that toiov. . di Piicr
moost niuhe<>l in I'irt lyu ni;, is nrx' \iiio l.irn
in snr-iT-^nu ; I iii xoiu" lorih'ly onije (.•;-
tenuth liot :ii» ally \\u. K)\\l\ hiiiuncr of pnrt;
I'tUT, wi. :i >oin».i \c pr.iu. of I iin ; nciti.er
r:ir«- \.ii iivc.iiIm' inr the !iUiul;!e niancr"* t):'
i1j;.iii tli.ii s;;c,c<inl hiiu ivli fJic lime of Sil\ iii-
tjc. "iiuli f>, in nii'ic y.-.n were ujurlir-, :.s I
toliic w ;>r(..ic-. Vt €.:.i; liii nil tlicir i:i><.»il uon-
tji.'io.:- L" I'v V I!, j.:ii: t\.<t h.iit \i.i'.r *c::i:'i
iViCii Il.;.ii Ml ;... ; ;■.. l;.c \oii«k I;u.,\-,«,:h n.v-.
u(li M ...i., !>. S..I' ;ii:d v«.t >t can iiialu- b^tasL
Ot l'< ill .
\\ ill fl;..i .»■ i- . f ti,( ullar docliJu:«» axi-.l
111:'. * 1 :.. ;i v.,..; i.u yc ••ivv .,)' iht' pope:'
'Hit i »i(i (...: Ii-.i.i :, 1 .v.o.i..', A, I -:ud bei..»rc,
he ;. 1 ;. .i :-j^-.r.- i i.»:'t;i, ^ 1,. le li.c ^rcat
:inL:cl.n.-. i-l v. .. .,.., j.i i- i;i,M_, , :,i | ^.:,J^> ; ^,,q
b;^ .'.i,«, j ... ..:.■, j .-. :,.;t> i.,.,i ..,,.,,1,^..., >iL*lhe
l-..Jy, ;.u ! . . «,. . :.]ii.^ i,u i> .ir,.. iht.. i^[.,' ..„■
I'.i-y C'Jl.UL. lil. ...l..,llC5i J uf VO.i Lolil VVilij
their subtyle sophistryc : neuer will I in con-
science obey any of you all, tyll I see you with
I'eier follow Chryst in conuenation.
I'han redde the Doctour againe : * The
fourth Pointc is this, lioly church hath deter-
mined, that it is meriioriouse to a chrysten
manne to go on pilgrimage lo holy placet, aiid
there specialty to worship holy relikes and
images of sainted, apostles, niartirs, confcssourt,
and all other saiutcs bcsydes, approued hy the
church of Home: Sir, what say ye to thisP
Whcreunto he answered, I owe them no ser-
uice by any commaundment of God^ and there-
fore 1 minde not to seke them for your covet'
ousnes : It were best ye swept them fayre from
copwebs and duste, and so layed them up for
catching of scathe; or els to bury them feire
in the grfumd, as ye do other aged pcple which
are Gods ymages. It is a wonderfuli thifigp
that samtes now being dead, shuld become so
covetous and ne<lye, and therevppon so bit-
terly begge, which al their lyfc time hated all
covetousnes^'e and begginge. But this I save
vnto you, and I wold all the world shuld marke
it. That with your shrines and idolles, your
fnyned absolutions and pardons, ye drawevnto
you the substance, welthe, and chefe pleasures
of all christen realnies.
* \Vhy» Syr,' said one of the clerkes, ' will y«
not woisliip good Ymages?' What worship
shuld I geuc vnto thein.^ sayd the lord Cob-
ham. — Tliun sayd fryer Palniyr vnto him, ' Sir,
yc well worshyp the crosse of Christ that he
died vppon.' Where is it ? said lord Cobham.
The fr)ersayd, ' I put yc the case, Sir^that
it w ere here euen now before you .** The lord
Ccbham answeied. This is a great W3rse manne,
to put mc an serncst question of a thing, and
yet he his selfe knowtih not where thetmog it
selfe is : yet ones ng:iin aske I you, what wor-
shyp 1 siiuld do unto it ? — A Clerk said unto
him, * Such worship as Paul speaketh of, and
thht U this, ' God forbidde that I sbouid ioye
but onelv in the crosse of Jcso Christ.' Than
sayd 1 he lord Cobham, and spreade bis armes
abronde, Tliis is a very Crosse, yea and so
mnche better than your crosse of woode, in
that it was created of God ; yet will not I ieka
to haue it worsl.ippcd.
Than said the bishop of London, * Sir, ye
wore well that he died on a material crosse/
Tike iordc Cobham sayd, Yea, and I wote also
that our saluacion camo not in by that ma-
tciyall crosse, but alone by him which dyed
thervppon. And well 1 wote that holy saint
l*auil rejoyscd in none other crosse, but in
<Jl'.ristes pasbiou and death onely, and in his
own ^utferings of Uke persecution with him,
for t-ie eame selfe vcritc that he had sutlered
tvM* afore. — .\i:d other Clerke yet asked liim,
* W'yli ye t^-ui do n^ne hoimiir to the holy
ci'j«sc:' — He answered him. Yes, if he were
j myne, I wi.l.lc lay him vp honestlye, and
: vuio luiu t;..-.t Itc shuld take no more scathes
j alii oui.c, 'N.r Lie robbed of his goodes as he is
iiiw a d.i\s.
Thjii sav J the Archbishop vnto him, ' Sir
2«] STATE TRIALS, 1 Henry V. UlS.-^Sir John Oidcasth, for Hemj/, [2+6
Johao, jre haue spoken here manv wonderfull
wordcs, to the slaundrous rcbuk of the whole
spirituaicey geuing a greot >li example vnto the
conunoo sort here, to haue vs in ttie more
disda^De. Mochc time haue wc i^pent here
thought yoUy and al in vuine so furrc as I can
lee. WcUy we must be now at this sliorc poiut
with youy for tlie day passeth away : ye nmste
rvthcr submit your selle to the ordiiiKuiice ot'
Iloiy Churchy or else throwe your sell' (no ro-
medy) into moose depe daunger; se to it in
time, for anon it will be els to lute.' The tordc-
Cobham said, I knowe not to what purpose I
kliuJd otherwise suhmittc me ; moch more haue
joa oflfended me, than euer I oftended you, in
Urns troubling me before thys multitude. — Than
nyd the Archbishop againe vnto him, ' We
QMS agaioe require you to rememhre yuur
lelfe wel, and to haue none oihcr opinion in
these maters, than the univentall Fuvih and
bdeoe of the holy Church of Home is : and so
Ijkt an obedient child to return again to the
nito of your mother. Se to it, I say in time,
far yet yc may have remedy, where as anon ii
v^be to late.
Hie lord Cobham sayd exprcsscly before
them all, ' I will none otherwise beleue in these
pointes than 1 haue tolde yc here nfore, do
with me what yu will.' Finally, than the
Archbishop sayd, ' Wei, tlran I sec none other
kot we must need.4 do the l.me, we 'nnist pro-
cede forth to the Sentence diirmitiue, and both
jndie ye and condcmpne ye for an He ret ike.
And with that the Archhyshoppe stode vp, and
iidde (here a Byll of his Cundemuitcion, all
ikc clergy e and lay te nvaylyug their bonncttes ;
aad ibvs was thereof the tcnour :
1W IH^itiue Sentence of his Cmdrmpnacioi.
1m Bfi Nominej Amen, Nos T/uvnaSy per-
mttmediiiina, Cnnluaiiinn'n EccL site Arc hit'
fUBOfUt ^IftiofMflitanut totius AnfiUe primax,
i AfOkiolit'o: tedin Lr^atut, and so fui th in bar*
beroQB Latin, which \\c haue here tran'-l'.itcd
ioco Ingli^h, for a more plaync vndLT?t'.iruii>:g
M cbe reader."^In the name of (Tt}d, so bf it.
We Thoma«, by the snflernunce of Cod, Aicli-
kishop of Cauuterbury, nK'tropoliranc* anri
primate of all Injthuid, and lr(>ate fi^ni ti.r*
spostolyke scate of Home, willcti) tliis tj Ke
Loowcn vnto all men. In a cortcin c.rj-o oT
Heresy, and vppoiidiuerse articles, \\\m. ir^ vp] on
Br John Oldcahtlc knight, and lord Ciil;h.ini,
after a diligent inquisition made for l]i(' sa:no,
*as detected, nccu^d, and presented 1>> fn/c v»
in onr la^t ronuocation of all our pnn ii ro ol'
Canierbury, boldcn in thecailicdrall chup lieul'
P«ules nt L^mdnii ; at the laufuil denoiuicc-
Bfot and request of our universall clerffv in the
Kjd coniiocation, we proccded aguinst hini ac-
orirding to the lawe (God to witnes) with al
the faurr po9*iible. AufI folo^vmt:; Ciirist(;s ( \-
imple in ail thtt we miKht, which ^^illeth not
tHc desuh uf a ^ynner, hut rather that ho be
CDooerted and lyue, we took vpon V5 to eorrcet
kim, and sou&ilit all other ways possiMe to
king liim againe to the churches vnitc, declar-
ing vnto hym what the holyc and universall
church of Rdnie hath sayd, hoUlen, delenninetl,
aud taught in tliat behalfe. And though we
found him in the catholike faith farre m ydc
and so stifnccked, that he wold not confeste
his erroure, nor purge him &elfc, nor yet repent
him thereof; we yet pyteing hym of fatherly
compasM in, and intierlyc desyrynge the helthe
of his sowlc, appoynted him a competent tyme
of delyheracion, to se if he wold repent and
soke to be reformed : and sens we haue found
him worse and worse. Considering thcref<>re
that he is incorry^ibie, we are drinen to the
very extremite of the lawe, and with great
heuynes of hart, we now precede to the puhli-
cacyon of the sentence ditlinitvuc a;>aiiist him.
Than broui;ht he forth an other Uyll, con-
tcyniiig the sayd Sentence, and that he redde
also iit his bau^rr L-.tyne ; * Chris/i nomine
iniiOcatOf ipsum ijur soium pre vcuii* habcntis,
fjuiu per acta maciitaln,^ siitd ^o jiirth ; uhieli
I haue also translated into Iii|;lidi, that men
may nnderstanil ii : ** Christ ue take unto
witnes, that noihing els we seke in this our
whole enterpryse, hut his only gl'»ry. For
iis much as wc haue tbund hv dyucr^e actes
done, brouglit forth and cxhihitcd by sondry
evidences, sygnes, and tokens, and also by
many most manifest proucs, the said sir Johan
Oldcustcll knight, and lord Cobham, not only
an evident he re tyke in hys own pnrsone, but
also a mighty muiotcyner of other hcretikes,
against tlie faith and rclygion of the holy and
vniuersid Cimrelt of Rome, luiineiy, about the
two sacranientcs of the niter, attdof pcnauncc,
besides the |jop(>s power and pilgrimages : and
that he, as ilu- ehytd of ini'iuite and dsirkcnc^,
hath so hartieticd hi) hai t, tiiKt he will in no
case atti nd vnto tiic \oiee of hys pastonr :
nevther w>ll he be alured by stray^ht ad mo-
nishincnts, nor yet he brouu.hi ju by fauour^
ablewordes. Tiic worthenesoi the cause lir<it
wayde on the one ^ide, and his vnworthynes
again considered on ti.e oii.er syde, his fnntes
also aLiirannied, or m:i<!e donltie tiiriiu<ih his
damnatile dli^nintey. Wc beinu loth that he
uhicli is noni^ht ^hnld be uoi-sc, and <;<» i^itii hie
ront;ii;ion««rr<j inject tlie n»nl'iin'*c; by the
sap^^ couneeli and jis-«^iit oi liic very dinciet
fiiihtrs, our lu>n'n.iljh' l-rt'liin-n ai;d Ionics
hishopes here prrs:.ir, Kichard of K mdDn,
Henry of WyiM.i»ei'(rr, and iJenit of l{,;n£or,
and of ot'n r j.rc:it, Irnriud, and wy^e nii.Mi
here, botli d'x.ioMrs oldiisiniie and ofilielawes,
«*.:ijoa ai'.d eiuvh', sicul.ns and n rii;ion>, uirh
.lan'r?.c» (»llic; expeii oKii avi^tintj \s, we *fen-
l<. iiryidlv nn-i dtirnii'luclv, by tlivs nic^mt
rtriu'ni«:, iiHi^\ drc.'ure, and eoiidenine ili«i
sii.l sir J.. Inn U'llcasttU knyiil.t, and lord i 'oh-
Irun, i^v a n)')<>t pernicious and detestable
hi'ivtv'ivr, CO i\v( tcil
vpon
the batne, and rt-
tioinv \lt« rly to c)ljcy the church tjgayne, coni-
iniltyn«j; liym Ikto fr*) n lir ns forth as a eon-
(h-npnerl i.erMik to the «e'Uiar jnri»«di't'i>n,
pouer, and jn'i^meot, to do him tiitr *[ion t »
death. i\irltkennore, ue exconnnunicaie and
denounce acurscd not only this hcrctike here
1H7]
STATi: TRIAT.S, I IIenhv V. I M 3, —-Trial and Examination nf
[218
prcsoiil, liut so mnny cl> ht.>.ydes ur% shnl! Iiore
lifter, in t'uucr o/ tiia < rruitr, eyttitr iv<;i*ive him
or defend him, counscil liini or lielpe him, or
any other ivay iiiaiiitci:i lil ii, rs very fautcrs, |
rC'Cfiucfi, dctciidcrs, couiicvler$, nydcr^, and ,
inaynteyners of ri;ndenii:ed heretiks. — And
that these priniy^M'^ inayc be the better
knowen to all tUvtiiiull CMirv-tin mm, we com-
niit yt here vntu your cliarp^ts, and ^ixue vou
Btrayghte comniaundcmeiiC tli-.i-vpon by thyt
wrytynjr a!s), that ye cauac tin» cjndemnacion
and ditiiiiityuc sentence of e\c.>inniunycRryuii, .
concerniiii: both thy^^ iieixt yke and his fawtcrs,
to be publyshed thnni^Ii oute all dyoceses m
cytves, townee, and vyliagos, by your curates
and pary^h prieytesy such time ub tiiey shall
have most recourse of people, and sc that it be
dune utter this !«ort. As the people are thus
gathered deuoutlye together, Icit the curate
* euciy where go into the pulpct, and there
open, declare, and expounde thys pr(HV!»s in
the mother tonge, in an aud\ljle and intellitiiblo
voyce, that it maye well be p'.-i'sciued of all
men ; and that vppon the fcare of this decla-
rucion also, the people niaye fall from thtir \11
opinions conceiued now of l;>.;e hy >cdicioube
preachers. JMurc ourr, we wiil tiiat tiftcr wc
liaue deliuered vnto ycli'j one of yon bi&hoppis
(uliich are here present) a cnppye hereof, tlutt
ye cause theeaine to be wriKen out a^ain into
dyuers coppies, and so to be sent vnto the
other bi;)h<>pps and prelates of our whole pro-
iiince, that they may also sec the contents
thereof solcruipuely published within their dio-
ceses and cures. Tinally we wyll that both you
and they si^nifye ng^iin vnto \s seriously and
distinctly by ytuir wrytinges, as the matter is
without fayued colour in euery point per-
fourmed, tuc daye wlicruppon ye rtceyued thys
proceshc, the tyme wiian it was of you executed ,
and alter what sort it was done in euerye
condicion, nccordiiit; t<> the tcnuur hereof, that
we may knowo ii to be inslly the same."
A coppye of tli\s VVrytn)|i;e sent Thomas
Arundel the arc'ibishop of Caunterhury, after-
ward frcm ]Ma\de*ton the x d«ye ot* October,
within the same yeare of oure Lorde 1 H.'?,
unto Richard CliiVord the bishf>p of London,
which thus beuinneih, '* riuviunt Ptrmisnioue
Diuina** ^c. The sayde Rirlianl C"lilTt)rd sent
an other coppye tht-reof, cucIomnI within his
owne letters, unto Uobert Ma>ca4l, a Cannes
lite fryrr, which was than tiishop of Hertford in
Waiis, written from Iladham t!>e xxiii day of
Octiilrie, in the viine yt-rc ; a:«d tlir beKinnini!
thereof is this, *• Reueren'ie in Chriito Pater,**
&c. The said Robert Mascall directed an
oilier ct»f»y thert^^f fiom London the xxvii day
of November in the same yere, enclosed in his
owne commission aUo, vnto his archdeacons
nnt\ dcuncs in lierford and Shrewisbury. And
this is thereof the bc^innin^, •' rcnenihiiihui
4' ditcrcfis viria** tcQ. In like manner did the
other bi-'hopts witiiin their dioceses.
After that the Archcbishnp had thus red the
Dyli of his Condempnation, with most cxtrc-
mite, before the whole multitude: the lord
Cobham sayd with a most cherefiill counte-
naunce, * Though ye judge my body, w hich is
but a wretched tliinj;, yet am 1 CiMieiii mud
Mire, that ye can do no harme to my soule, no
more th.an could Sathan upp<m the soulc ol
Job. lie that created that, will of his inGnitc
mercy and promess save it, I haue therein
no manner of doubt. And as concerning these
Articles before rehcrstd, I will stande to them,
enen to the very death, by the grace of my
eiernoU God.' And iherwith he turned him
vnto the pco].le, casting hys handes abi-oade,
and saying with a very l'?ude voice, * Good
Christeli people, for Cods loue be well ware
of these men : for they will cli begyle you, and
Icade you blindelyng into hell with themsclucf.
For Christ saith plainly vnto you, * If one blind
man leadeth another, they arc lyke both to fall
into the dytche.'— After thys he fell downe
there vppon his knees, aiid thus before them all
prayed for his enemies, holding vp both hit
liaadts and his eyes towards heauen and say-
ing, < Lwrd God eternal, I beseche the for thj
£;rcat mercies sake t«j forgcue my pursuers, ii' it
be thy blessed will.' And than he was dely-
uereii to syr Robert Morlcye, and so leddo
fortli againe to the Tower of London. And
thus was there an cnde of that dayes worke.
Whyle the Liird Cobhaiu was thus in the
Tower, he sent out priuily vnto his friends ; and
they at liis desire wrote this lytic Bill here iul-
low'inj:, causing it to be set up in diuerse quar^
tcrs of London, that the pcple slmlde not be-
Kvc the blaundres and lyes that his ennemiei
the bishops seruaunts and priestcs had made
on him abroade. And this was the Letter;
*' For as muih as sir John Ohlecastell knight
ard lord Cohliaro, is \ntruly conuicted and iia-»
prisoned, falsely reported, and alaundrcd among
the conicn people by his aduersaries, that he
shuld otherwise both fele, and spenke of tike
sacraments of the Church, and specially of the
blessed sacrament of the aulter, than was writ-
ten in the confession of his helieue, which was
indinted and taken to the clergy, and so set up
in diuerse open places in the cite of London,
k no wen be it here to all the world, that he
nfjuer sens varyed in any ptiynt therfro ; but
this is plainly his bclcue, that all the sacra-
iiH nts of the church \m proffytable and expe-
dicnt also to all them that sliat be saued, taknig
thrni after the intent that (.hrist and his true
church hath ordavned. Further more he l>fs
Icned that in the bkssed >arranient of the aulter
is vircly and truly Christt^ body, in foumie of
bre:i.i."
After thys the byshops and prye«tes were id
niorhe obloquie, both of the nubilite and co-
II tens, partly for that they had so cruelly haii-
dlH theifood h>rd Cobham: and partlyc ogainet
byrause hys opini(»n (us they thought at that
t vme) was perfvght concerning the sacrament.
As they feareil thys. to grow to further incon-
uinience lowardes them both waycs, tliey drew
their lieads together, and at the last consented
to use an other practise, sontewhat contrary to
that they had dune afore. Tiicy caused it by
lU''»] state TRIAI^J, I Hf.nrv V. l+13.— .Sir Jo/m OhlvastkJoT IhrcBy. [250
and by tf> be blownc ubroado by their feed %ev*
Udiits, rr\-tnde3 and babcling sir Jolines, that
the s:iyde ii>rd Cobhuin was becoincn a guod
i!.an, aiul had lawlyo submitted liiia selfe in all
r!iiii^9 iniu holy church, vttcrly rhuunoing his
•ipiiiiun c«)nceming the sncraniciit. And tlicr-
tpprm they cuntrefayted an abjuraiion in his
aame, that the peple shuld take no hold of that
iipiniun by any thing they had heard e ot* hini
tefure, and to siande so in the more awe of
tkeui, considering ]iym hut great a man, and by
(iieio suUlued.
Ah Abfuracion counterfnyted of the Hishoppet,
Thi* x> tlie Abjuratinn (say they) of Syr
J. Oidecastcll knt. sometime the loifi Cobhani.
-* In Dei nomine, Amen. I Johan Oldecas-
teU denounced, detected and conuycted of and
Tppon diuerse articles sauering both heresy and
errour, before the reuerend fatl-er in Olirist,
and mv good lord Thomas, by the permission
'jfGocfy bird Archebishop of Cunnttrburye, and
ay luuliii and rij^htful judge in that bchalfe, ex-
pmM-ly grnunt and confesse, Thut as concern-
ijigtbc ystatc and poncrof the moost holy fa-
ther t!ie pops of Uonic, of his archbishops, his
br9ho(:«>, ami bii other prelates, the degrees of
the ctiuicb, and tlic hdly &acramentes of the
same, speeyally of thesacramente:»of the aulier,
and nf peiiuunce, and other obscruannccs bc-
Sldle^ of our nmther holy church, as pilgrimugcs
aad parrlons ; I atVvnne (I say) before tlie said
-vnereud father archbishop, and els where, that
1 hieing yl 6i*diiccd by diuersc scdieionse preach-
er>, hiue u;reuously erred and hcriticHlly per-
vsttd, bla>phcninusly answered, and ubsti-
BVcij rebtlliMl. And tlierefore I nni by the
wd riuercnd fiither, betore the renerciid fa-
tlsfr* -^ ("liri-,1 also the bisliops of J^ondon,
^\ 2cciit«ri e, and Biin^or, lanfullye (Mnr)einpned
fjf 03 herelyUe. — Neucrtlieicss vet, I noiv re-
oira^rinj; ni\^eirt., and coueting by this nieane
M .iu>i<U' thiit temporal pnyne, which I nni
Hinhy to ruirer as an hcretike, at the as-
>t2n:irj'iii of my most exccUrnt (.'hii.stcn firince
ziid l;ege ford kiii'i Henry the fii'r, nowe by the
fcTAce of (Jod iiir;-»t worthv kvni; of hoth Enu-
•'Amie nnd of IVanrc : ininding uI>o to pie-
:crrc li.e whiilyjuideierminiicyon, si nteiicc und
d'iCTryne of the holy and unincrsnl church of
Rfinie, befor«' (he viihulsom o[>inioiis of my
^t\ my tea* ikts, and luy fil lowers : I frt'ly,
'•«'li«»ii:lv, dc-Jil'« I'atelv, and llirouuhlv ronfe<i!se-
;r.'-uiir, und iiiiyinie the niosre liolye talhors in
CLri'i, •«aiiict I'etcr the apostle, and his ssuccrs-
».'irs bj*lir>j»pf.s of liotne, s|U'(-i:dly now :it thys
'} lie niv n»oo«»t bUsscd Lonlv pope Johnn by
iitt p<'rin\<*>yon of Cvod the T.\ pope of tlr.it
uiif, »hi« !i now htddcth Piter's wule Tand
w ii of them in their succession) in full strength
ai-'l p'lwer. to be (.'brystes vycar in a-rHi, and
t!.c Uud of iIk.' ( burcb milytaunr. An<l that
\r the strength of iiys ofbce (uiiat tluxjih he he
asro.'it snizirr, and afore know en of Oud to be
<timnfd; lie hatb full nuetorite and power to
rti'.f and iioucrne, bind and lose, sane and dr-
»tp'), acciir»e and assoyle, al other (.'hrislcn
men. — And a^reably styl unto this, I confess,
graunt, and aHynne all other archbishoppes,
bishoppes, ond prelates, in their prouinces, dy«
occsscs, and parishes (appointed by the seid
|)ope of Rome, to n«sy>t liim in his doinges or
business) )>y his decrees, canons, or vertne of
his oflice, to bane had in tymes past, to hauo
now at this tyme, and that they ought to h:uie
in tyme to come, auctorite and power to rule
and to goiierne, binde and lose, acurse and as-
soyle the subjectes or peoples of their aforeseid
pr'ouinces, <lyoceses, and parishes; and tliut
theyr said subjectes or peoples ought of right
in all things to obey them. Furthermore £
confcsse, graunt and affynne, that the snyda
spyrytuall fathers, as our moost holy father the
pope, archbishops, byshops and prelates, haue
l)ad, haue now and ought to haue hereal'^er,
auctorite and power for the estate, order and go-
uemaunce of theyr subj(^tes or peoples, to make
Jnwes, decrees, statutes and constitucions; yea,
and to publysh, commaunde and compcll theyr
said subjectes and pepies to the ob<^ruation of
them. — Moreoucr, I confesse, grauot and aflyr-
me that all these forsayd lawes, decrees, statutes
and constitucions, made, publyshed and com-
maundcd accordynge to the fourme of spirituall
lawe, all Christen peple and eucry man in him
selfe, is stniightly bound to obserue, and mekc-
lye to obeye, accordyng to the diuersite of the
torsayde powers. As the iawes, statutes, canons
and constitucions of our most holy father the
pope, incorporated in his decrees, decretals,
clementynes, codes, charics, rescriptes, sextiles
and ex traunt^n antes the world over all ; and as
the prouiu<'icI statutes of archebishons in their
prnuinces, the >inodBll actcs of bysht)ppes in
theyr dioceses, and tl)e commendable rulis and
customes of prelates in tlieir colleges, and cu-
rates in their parishes, all Christen people are
botli bound to observe, and also moost mekeiy
to obeye. Ouer and besides all this, I Johnn
Oldecastell, vtterly forsakinge and rcnouncynge
all the nfurrsayd errmirs and heresyes, and all
other errours and here>yes lykc vut«) thcni, lay
uiy hande lure vppon this bake, of holy cnan-
f!elye of (iod, nnd swear, that I shall neuerrnorc
from hens forth hold the-e forsaid heiesycs, nor
yet any other l\ke vntn I hem wetinglv. -\ev«
ther shall I ijeui' conn^cll, ayde. helpe nor fauer
at any tyinc in them that shall holde, teache,
afTviuie or mainttine the same, as (Jod shall
helpe mr and the>e h«)!y vuaniielycs. — And that
I shall from hens forth lailhtullv olicve, anri in-
uif'lablv ^^l^^e^lIe all the holy lawe-, statutes,
(•tmons, and con-litucums of all the popes of
Rome, arrhl)i'»li«)jn-»<. bi-Iiups and prelates, as
are contavnrcl, and determined in thevr hnlyc
dtrcree-, dtrrelals, clementini'S, code-*, charles,
rescryptcs, sixfyles, sinnniespapall, cMraua^nn-
tc<, statutes pronincyall, actcs synodal, and
other ordinary rules customes coustiiutrd by
them, or that shall clianitec hrreaficr dyrectly
to be determiiKMl or made. To thi-^-e and all
such other, wyll 1 my srlll with al powr possible
apply. Re\vdes all this, tlit* penaunce which
it slud please my said reuerend father, the lorde
251] STATE TRIALS, 1 Henry V. I n 3. ^Trial and Examination qf [232
archbishop of Cauiitcrbury, hereafter to eii-
joyne nit for my sinius, 1 will mekcly obcye
and faithfully fniryii. Fioally, :ili my seducers
and faL>e teachers, and ull other bosydcs, whom
I shall hereafter knowc su-j peeled of herts^e
or crrouri, I shall ety(L*ctuaIlye present, or cause
to be presented, vnto my sayd reuorcnd father
lord archbishop, or to them which hath his auc-
torice, so sjne as I can connenicntly do it, and
sec that they he corrected to my vttermoost
power. Amtu/'
The crucll Complaint of the Clergy, and fy-
rannousc Acte theicvppon made.
Ncuer came this Abjuraryon to the liandcs
of the lord Cobham, neythcr was it roinpyled of
them for that purpose; but onely tlicrwyth to
bieare the eves of the unlearned multitude.
And whan they pcrccvued that polyc\e woldc
not helpe, but ntude more and more against
them, than ^uu^ht they out an other false prac-
tysc. Tiiey «\eiit vnto the kin>; with a most
{^reui)usc complaint, l\ke as they di 1 afore in
lis fathers tymv, that in entry quarter i^i the
rcalme, by reason of Wickloutb opinions, and
the said lord Coblnm, wore wonderful coiiten-
tiims, rmnours, tumuhe^, vprours, confedera-
tions, dissencions', diuiaions, ditiVrcnccs, discor-
des, liarmes, slaunders, ssciiimca, srcies, M:(lici-
ons, perturbcicions, parcls, valav\ full ussenibl yes
variaunce, strifes, iVkihtinjiea, it beiliouse rulfel-
inges and da>ly insuiTcctions. The Church
(they said) W4is hated ; the diocesanes were not
obeyed ; the ordinaries were not regarded; ihe
spirituaii otfycers, as suiVragane*, archdeacons,
coamicelers, doctours, commissaries^, ollycials,
deanes, lawyer?, scribes and somnuncrs were
eucry where de-pyaed; the lavits and liberties
of holy Church were troden vndrc fi)te ; the
Chrystcn fayih wiis ruynouslyc decayed ; Gods
scruice was laught to scorue ; the spiritual ju-
risdicryon, auctoritc, honour, uoiver, polycy,
lawes, rytes, ceremonies, curses, key i-s, censures
nnd canonical sanctions of the Church were
had in an vitre nmtentpt. So that ail in a ma-
ncr was come to n-m^ht.
And the cause of this was, that the Ikie
tikes and lA>llards oi WicUues opinion, wen:
sull'ered to preuch abro<l(-, so boldly to ^cthtr
conuenticlesvnt') them, to kepe scolcs in meiis
houses, to make bokts, coinp\le lrontiM«, and
mrytc bullcis, t(» t(>acii priuatcly in an<;ics and
corner*, us in wodrs. f(.l<i«:A, nicdowes, pusionrs,
groiics, and in caues of the around. This
wolde be (they t>ayd) a destruction to the cum-
monv^eliti, a .»nlitieicioii to th* land, and an
utter dtcav ol the kinoes esiatf. rvall, if retm dv
were nat soujiihi in lynie. And thi» w.is duir
policy, to conp;e ti.c kn.^<.!!« aiictonte mmIi that
they hud done in tli(\r inrmer councell of
crafr, and so to make ir tin rebv tlie stroni:er.
For they pircenR-d thcmn-Ives very farre to
weake els to f.jil(K\ njiainst their enneniies,
that they had so liir^zcly euterpiisi d. t'pon
thi*» complain', the kmi: nnmediately called a
parliament at l^ichistre; it mijrht not in those
d^iies be holdcu ut Wcstminstre, fur the great
faucr that the lord Cobham iiad both in Lon-
don, and abought the cyle. Yet were they
deceiued; that they doubted most, lygbtcd
there sonest upon them.
A Byll was put in tliere a^ain by the com-
mons, agahibt their coiitinuuU wasting of die
temporalities, lykc as it had bene twise afore
by procurement of the seid 1 *id Cobham, both
in the daies of liichard the S*. c.iud. Anno lo65,
and also of king Henry the Thiid, Anno IJom.
1410, whervpon was growne all this malice
afore specified ; hut this was than workemanly
defeated by an othtr proper practise of thevrs.
They put the king in remembrauncc to daiiae
his right in Fraunce, and graunted him there-
vnto a dime, with other great subsidy of mony.
Thus were Christes people betrayed euery way,
and their Liues bought and sold by these most
cruell theues. For in the said parlainent, the
king made this most blaspliemousc and cruel!
acte, to be ns a law for eucr. That wbatsoeucr
they were that should rede the Scriptures in
the mother tong (which was then called VVio-
ieue's lerning) they shuld forfet land, catel,
body, !if and godes from theyr lieyres for eucr,
and so be condempned for lieretykcs to God,
cnnemics to the crowne, and most errant trai-
ters to the lande.
B(>sides this, it was inacted that ncucr a
sanctuary, nor priuiieged ground %vithin the
realme, shuldc holde them, though they were
still permitted both to theues and murtherers.
And if in case they wold not gyue oucr, or were
after their pardon rel<ip<)ed, they shulde suffer
death in two manner of kindcs; that is, they
sindde first he hanged for treason against the
kinrr, and then he hurned for heresy against
God, and yet neither of both committed. The
i)eginning of that Act is this, * Pro co quod
ntagni runiori'Sf* ^r. Anon after was it pro-
claymed throughout the reame, and than iiad
the bisshops, priests, monkes and Fryers, a
worlde somewhat to theyT mindes. For then
were many taken in diuerse quarters, and suf-
fered ninst cruel death. And many fled out
of the landc into Germany, Bohem, Fraunce^
Spsiin, Poriiiipale, and into the weld of Scot-
l.niid, Wales, and Yitlar.d, working their many
inuruels ag-.iinst their fal-.e kincdom, to long to
wryte. In ihc (.'hrislin:i»« foliowinge was syr
Roger Acton knviiht, Mastrr Johati Browne
I -quire, sir .I«»h;in Heuerhiyc, a learned pFeacli-
cr, and dyufr<>e oiher more attached for qua r-
riiiiiig uiti) certeine priest e.f, and so impri-
son! (1. For all men at that rime coud not
paciently sulVre theyr bla-pheinou>e bragges.
'ihe coiii|»laint was made vnto I'lC king of
them, that they had made a create asemble in
Sainct (.«ylcs I'elde at J^ndon. purposins; the
destruction of the land, an<i the suhuercyoa
of the comnionuelth. As the king was tlius
infourmed, he errrtcd a banner (saith Waldrn)
uith a crosse thereupon, ns the pope doth
coinonly by his h'i;ate, when he preteiideth to
warre again>t the Turke ; and with a great
nunibre of men entered the same felde, where
as he found no such company, yet was the
253] STATE TRIALS, 1 IIenuy V. 14.13.— S/rJb*7i Oldcastle, for Heresy. ['254.
complAiiiK judgtid true, because the bjshoppes
hud spoken it at the iiifonnacion of their
printea. All this liath Thomus Walden in
diuene of bis workes, which was at the same
time a White or Carmelite Frirc, and the
lung's confessour; nod partly it is touched
both by Robert Fabian, and by Polidorus Vir-
gilins in tlieir English Chronicles : but not in
■11 poiotes rightly. In the meane season [on
the feast of Sc. Simon and Jude] sir John Olde-
cistell the lord Cobham, escaped out of the
Ttfwr of London in the night, and so fledde
into Wulesy wliereas lie continued more than
four years after (d).
Sooie wryters hauc thought this escape to
come by the said sir Roger Acton, and otlier
fmtlemen, in displeasure of the pricstcs, and
Ikat to be t lie ciiefe occasion of their deathes,
which might well be ; but Walden doth not so
vtter it, which reigued the selfe same time.
Iq January next following was the aforenamed
nr Ro^er Acton, master Johan Browne, svr
Mhao Beuerlaye and 30 more (of whom the
Biore part were gentylmen of byrthe) conuicted
of Heresy by the bysbops, and condcmpned of
treason by the tcmporalte, and according to
the acte, were fyrste hanged and then brent in
the sayd Saint Giles FeTd (e). In the same
jeare also was one Johan Claydon a skinuer,
ud one Richard Tunuin a buker, both hanged
i&d brent in Smythfilde by that vertuous act;
Usides that waa done in al other quarters of
li^^huid, which was no small umuber, if it were
nam througiily knowen.
[In tlie mean while (says Ilolinshed, vol. iii.
p- 560.) the lord Cohham, who shifted from
ybcc to place to escape the hands of theui
■Uj be knew would be ^lad to lay hold on
^Btf hid conveyed himself in secret wise into
u boibaocliuaii'a liousc not far from St. Alb.mR,
w t^ the precinct of a lordnhip belonging to
t^ abbot of that town: the abbot's servants
fettii^ knowledge hereof, came thither by
■«br, but they missed their purpose, for he
wugone; but they caught divers of his men,
■bom they carrietl streight to prison. Tiie
lord Cobliam lierewith was sore dismayed for
that Hnae uf them, who were taken, were such
as be trusted uuMit, being of counsel, in nil his
dnices. In the same place were found books
written in English, and some of those books in
taaepast Iisul been trimly gilt, limned andbcuu-
D&ed with imnires, the heads whereof had been
Kntped olF; and in tlic Litany they had blotted
oat the name of our Lady and other suints, till
rbey came to the verse * Parcc nobis Domine.'
Dirers Writinss were found there also in dt-ro-
lation of iiucb honour as then was thought due
III our lady. The abbot of St. Albans sent I he
ikiok f I disfigured with scrapings iuid blottin^s
oat, with oSier such writings as there were
(dj See the kind's pro<:lamation, with n
pronii^ of rsward for apprehending him, 11
Jan. 14U. 9 Rym. Feed. B9.
(m) Fram iieuce, ak some suppose, called
Ty-bum.
found, unto the king, who sent the book again
unto the archbishop, to show the same in his ser-
mons at PauPs-Cross in London, to the end
that the citizens and other people of the realm
might understand the purposes of those that
were called I/)llards, to bring them farther into
discredit with the people.]
The latter Enprisonin^ and Death of the Lord
Covham.
In the yeare of oure Lorde 1415 dyed Thomas
Arundell, which had beue Archbishop of Caun*
terbury more than 32 yeares, to the great de-
struction of Chrysteu beLieue. Yet died not
liis prodi^iouse tyrannye with him ; but suc-
ceeded with his office in Henry Chichely, and
in a greatsort more of the spryghtful spiritualtie.
For their malice was not yet sated ageinst the
good lord Cobham. But they contedered with
the lord Powys (which was at that time a great
gouernour in Wales) feeding him with lordly
gifles and promises, to acconiplysli their de^yre.
He at the last, thus nionied with Judas, and
outwardly pretending liim great amity and
fauer, mo)St coward lye aud wretchedly toke
hym, and in conclusion so sent him up to Lon-
don, whereas he rrmiiyned a moncth or two
imprysoned again in the Tower. Upon the 14
Dec (1417) he was brought before the parlia-
nienr, an*] after long processc they condcmpned
him agiiini.' of ITcrcby and 1 reason by force of
the albrc nanicd Act (f), We rendering
thanks unto God that he had so appointed liiin
to suffre for his names sake. And upon the
day appointed (25 Dec.) he was brought out
of the Tower, with liis arnies bound behynd
liiin, hauing a very cherful countenaunce.
Than was he layd vpon an hurdle, as though
he had been a moost haynouse traitoure to the
crowne, and so drawn forth into sainct Gyles
Fclde, where as they had set vp a newe paire
of galowes. As he was conicn to the place of
execution, and was taken from the hurdle, he
fell down deuoughtly upon his knees, desyringe
Almightye God to forgeuc hisennemies. I'han
stode he up and beheld the multitude, eihort-
ing them in most godly mantT to fulowe the
laws of God, written in the scriptures; and in
any wyse to beware of buch teachers as they
se contrary to Christ in their conuersacion and
lining, with many other special councels (g).
iVVhen at his la^1t hours he was urged to con-
ess himself to a priest, whose service was of^
fercd for that purpose, he not only with a noblo
scorn rejected him, but openly protested,
* That if the Apostles Peter anil Paul were
(f) It is pretended by some historians, that
lie had been indicted and out-lawcd for liigh-
trenson, and wa^ cxL'Cuted upon that outlawry:
the indictment ilhclf is inserted at the end of
this c;isc; but it appe nrs by many marks to be a
forgerv[for which s<'c l\)x*s Acts and Mon.] The
Sentence itself plainly shewing he was executed
in pursuance oi the late Act.
(f>) Stow's AnnnU Xj5, 6. 3 Iloliu. Chro.
561 6. 1 Hall's Chro. jy, i'.
255]
STATE TRIALS, 1 Henry V. 1 1 !.•].— Tm/ wid Examincuion of [;2M\
there, he would not confess to tliem, since one
infinitely greater, God himself, was present ;
and ns for him only he iniplore<l and hoped for
pardon, so to him alone he would make con-
iession of his sins.' The cruel preparaiions oi
his torments could make no imprt^iision of terror
upon him, nor shock his illustrious constancy -.
but in him were seen united the fearless spirit
of a soldier, and the holy resignation of a true
christian.] Than he was hanf;ed vp ther by
the middle in chayncs ofyron,and so consumed
alyue in the fyre, praising the name of God,
•o long as his life lasted. In the ende, he coni-
inended his sowie into the handes of God, and
lo departed hens most christenly, his body re-
solued to ashes. — And this was done in tlK>
yeure of our lord 1U7 which was the sixt yerc
of the reygne of king Henry tiie HO, the people
ther present shew-vng great dolour. How the
priestes that time fared, hkisphemed, and cur-
sed, requiring the people not to pray fur hym,
but to judge him dampned in hell, for that he
departed not in the obedience of their pope ;
it were too long to wrytc.
The follotcing Account of the Condemnation ami
jixecution of the I^rd Cobhnm is extracted
from Cobbetfs FarL Hist. vol. 1. p. 336.
" On the 18th of December and the C9th day
of this parliament, sir Ji>hn Oldcastlc, of Cow-
ling, in the county of Kent, knight, being out-
lawed upon Tienbon in the kini;VI)ench, and
exconmiuuicatcd by the archhishop of Cnntcr-
bury, for Heresies, was brought liffori' the
lorcls ; and having heard his said Convirtion,
answered not thereto in excuse ; upon which
record and process it was adjudged, I'hat he
should be taken as a traitor to the kin<: and
realm ; that hcMliould be carried to the Tower
ofl/ondon, and from thence drawn through
London to the new gallows in saint (file&'s,
without Tcmple-bnr, there to be handed, and
burned hanging.' The Record out of the
king's-lx?nch is at large ; the ollVct whereof is,
< That the said sir John Oldcastlc, and others,
to the number of twenty men. called T^oliardsy
at saint (tiles*s nforcsaifl, did ('.inspire to suIh
vert the state of the (MerLiy, to kill the kins:,
his brothers, and other nohles.* The arrhhi-
shup of Canterbury's hHtrurncnt for hi** Kx-
romniunicationy i-> there aUo at larce. And a
motion being made*, that the lord i'owis mi^ht
have the thanks of the hou?c. and the reward
in the Proclamation mcntioneil, for apprehend-
in*; of sir John Oldcnstlc, knijlit, the hcTcJitk ;
it ptts«*ed in the affirmative.— Mius fur sir Ro-
bert i\>ttnn, and his puMi'shcr. Wh-.it we
h\rt to add, relative to the Condtiunation
ol this ^Tvwt n»an, by his peer?, is chiefly from
WjSfu^hain; who says, that, whvn the purlia-
«u-!»i w.is inf.ir !ud of fir John < )l'lrasi]i\ bc-
m^ i.ikfo in NV.des by the hnd l*o»is, thf v .ir-
Ovrwk lit! to bo sent for up. He was brMicht
|..» Ivuido:! in II hor<5e-!ilter, ha\ing hern niiicli
Moti.iiK-d u\ ihemmlhct, and plact:d befort ilu:
k^iitc r««^Mic and tin* other estates of the rculni ;
«ii-i I >tf liuiv'tuunt drawn up against him nt
the kingVbencli some jeixn before, for levying
war against the king, was read in the honse.
Being demanded what he could alledge in ar-
rest of Judgment, he ran out into a discourse
very forei};n to tlic purpose, about God*s mei^
cies ; und that ail mortal men, who would be
followers of God, ought to prefer mercy aboTO
judgment ; that vengeance pertained only to
the Lord, and that his sen* ants might not to in-
trench upon this prerogative of ttie Almighty.
Thus he went on, talking widely from the biK
siness, till, at last, the chief justice desired tlie
regent to order the prisoner not to make them
lobe any more time, but to answer directly to
the point. After some pause he told them, it
was a small thing for him to be judged by
them, or of man*s judgment; and then began
again to ramble from the question, when the
Chief Justice once more interrupted htm, and
bid him answer peremptorily, if he had any
thing to object against the legality of tlie pro-
cess? To this he replied, with a surprising
boldness, * That be had no judge amongst
them, nor could acknowledge them as judges,
as long as his sr>vereign lord king Richard was
living in Scotland.* Upon this answer a war-
rant was instantly signed for his execution, and
he was ordered to be hanged and burnt. The
first part of his sentence was for Treason ; and
the other \hr Heresy. Accordingly he was exe-
cuted on a gnllows, built on purpose in saint
(riles*s fields, being hung by the neck in a
chain of iron, and his b<idy, with the gallowi,
ron>nmed to ashes. Many are the disputels
between the protestant and popish writerSi
about the character of this nobleman, who wm
the first pe<T of England that sutTered for reli-
gion. The former cryim* him up as a martyr
to truth; and the latter treating; him with no
better tit!r> than an enthusiast, a rebel, nod
an hcrctick. Mr. (JootI win says, * He had ill
the fpialitits of a brave and gallant griulemaDp
and was e(|iially illustrious in arts and arms:*
but, if wluit N\ aNiii':'ijam relates of his bebn-
viour at hi>« execution Ik- true, that when miiQf
persons of nuality ationrUd there, the iiitr
words he spoke was to ^ir Thomas Krpinghaaty
arljurint; him, * Tlial if he saw him rise from
thi- dead ai;ain, on llu- third day, he woald
procure that his .Kf-r TiiiL-^hi ii\e in peace and
<|uietne«>s ;' wc c.in I'luk tipon him, in this lat-
ter part of his liK', as little belter tlian an
thusiast."
The Aic.'ihigho;) uf Cnii*trhury ngaitnt the
Olilnntlc. 1 Hen. \\ a. i».*lji3. [Vromtkm
I{n.oi,li (it Ijtmhcth^ and moif be found ••
liunttr'i Ftrd. t. 9. p. 61.]
** Thomas, by divine piTinissicm, arrlibi
of Caiitc-rbury, primatv of nil Kndaiid, and
irate jif ilu* aposmlirk «;rc, to our \enera*
linitliJ r Richard, by t!if i»r.u-c of (mhI, bis'
of l/>ntliin, health and bmtlhT'v h)vc in
L<ird. — Whereas in our late ronsultaiiun,
CiTiiint: the unity and rofornr.uion of the chof^
of Kngland, in convocation of the prel.itcs M
clergy of our province of Canterbury, last bP
i;57] STATE TRIALS, 1 Henry V. \^\3.—SirJohn Oldcastk, for Heresy, [;25n
in imr church of St. Paul's, with the suid pri^
lam und clergy, among uther things it was
concluded by us, and the »nid preluus und
clergy, neit to iinpmbihle, to repair i1t(' reiul-
ine iiF our Lord's seande^s coat, unless first
ut' all ccrtiuii great men of the kingdom, tlie
authors, abettors, protectors, defenders and
entertainers of thoi»e hereiicks, who are called
Lulliirds, were severely rcprehende<l, and rt»-
claimed from their errors, it other menns failed,
by the censure of the church, assisted by the
Kcular arm : — And accordingly, upon the most
dili!;ent enquiry in the said convocation, by the
pruiits of the clergy, and others there as-iem-
bled in irreat nunit^rs from each dioccss of our
«aid province, it was found by them, and made
kaown and presented to us, tllat sir J. Oldc.istle
knighr, was and is the principal receiver, abei-
of the said ^i^ John witliout leave ; but by the
mediation of one .Inhn Buttler, door-keeper to
the privy-ehambor of our lord the kin^, ha
should a|)ply to sir John himself, for his leave
to enter Ins rattle, in order to give him a cita-
tion ; or at least that he wou'd appear without
the castle, and suifer the citation to be serv'd
upon him. — Rut sir John publickly answered
the said John Ihittler, tlio* in the premises ho
had made use of the king's name, t!>at he wou*d
bv no means be cited, nor HulFer any manner of
way such citation to be served upon him.— •
Upon this faithful account L;i\en u^, that it was
impossible to serve the said sir Joim personally
with a citation ; and wc beinv fnily |>ersiiudcd
thereof, decreed that he should ho cited by an
edict, Mhich should be publickly fixed on the
great doors of the nthedral chnrch in Uoches-
tor, patnm and defender of the same. — And tor, which is but three English miles from hi.n
that he sent the I»llanls to prcnrh about in
tile dioceses of I^jndon, Rochester, and Ilere-
Rird, without any licences from the ordinaries
ordioces'jn» of the places, contrary to the sy-
nodicul constitution made for that purpose ;
lad that hm was present at the wicked preach-
ing of the same, and siienci'd all op posers he
met wich, with thrtatnings and terrors, and the
power of the secidar sword : — Asserting and
:i£rmiug, njnong»t other things, that we and
our brethren the suffragans of our pro\ia(-e,
never h:uJ, nor liave authority to make any
constitution of this kind. — And concerning the
Sacniments of the nltur aiirl penance, pilgri-
mages, adoration of images, and the powtr of
the key«, he has believed, and do(« beliexe,
ind dogmatizes and teaches oiheruiM' than the
Rrjmaii and universal church holds and atfinns.
— Whertti/re the said prelates und eh nry ilitn
bc«niigiit us, that v.e would be pleasod ti) pro-
ceed azainst the said sir John Oldea^ilr, fir
and npiju tlie preini-*!'*. — Hut in revcri nee to
nur 1 ml the king, (with whom the said s r John
wa^a sreat favourite) and as much out of ic-
^pfict to the order of knighthood, with all our
Ireihrc-ii and sulfragans of our &aid province,
and a gre;U part of the clergy of our said pro-
vince, we waited on our said lord the kin;;,
;«t hi4 pahice at Kennyngton ; and makiog
complaint a;;ainst the saul sir John, we in ^omc
measure represented the errors of the said sir
John.
" But ut tlie instance of our lord tlu; kinj^,
and our own desire to reduce the said sir John
to ilie unity of the church, \\ithout bringing him
to open <>hame, we defcrr'd tor a loni: time idl
cxrcution of tlie premises. But fornsntuch a-^
we laid it fmm the king's own mouth, and t:ii-
iler his huiid, that ail Ins pains to rt'claim this
man liad proved \ain and inetfectnal; ive
tbercup«m decreed to Summon the said >ir .1 ohn
tcf appear Ix't'ore us at a certain time n«)W
pait, to answer for and conrerning the prc-
niisfs ; and we sent our oAiecr with these our
■ citaiions to the snid sir John, then dwelling at
hiscavtle of (low-ling.
" To which our officer wc gave in command,
diat he should not in an| nikc cuter tbv castle
vvL. r.
said castle of Cowling. Accordingly wc Cinis'd
him to be cited, and our edict lo be fix'd in
publick and opvi view on the great d«)ors of
the said church, charging him to appear before
us on the second day oFSepteutber now past,
personally to answer to and for the premises,
and otiur alleuaiioiis of heretical pravity
against him. — On ihe day appointed we held a
court in (he greater cl:apcl in our castle of
Leeds, in our dioccts, in which we then lived
and resided with our court ; and after the ne-
cessary proof of the premises, and we Imd
heard, and rece-iv'd the relatitm, as it is com-
monly reported in t!ie parts where the said sir
John immures and fortiilt's himself in bis snid
castle, and dt frnds his opinions by contemning
tlie kvvs of iliL' ehinch, and i:npui;ning the
archiepiseopal autlioiity :
** Wc r.iMsrd lVo( Uinatiou al'>url and in
open eon'i, to be nr^dc lor the saiil >ir John
lo appc'.vr; and alti-r pioclamatitm made, and
we I.Md lins:^ waited, and be not appearing, we
justly pron(iinr( (I biin, as be wa>, ("iiiimna-
(ions; and then and there returned hi'n c\-
eonnnunicaUd, in |-.iin)r>l]nient tor so high w
coniumyry. — A:id b«('.AU:«e from the scries of
the irenuse-. and oilu-r pi. no d. r^-'n-Niratioi-i
and evidences of fact, wc :>ppr<l.' imI that the
said >»if Jt»lin 5lren;jii»eijs aiul for^in 'j him->'.-U*
in defence of his errour-* u-jaiu:>t tl-c niiii..»rity
of the church, ;5.«»i-) pieur-' d, i which i:i\L's i^reat
handle to su^pec-t lji:n '.f I" rf«.y siiul >«hi««m)
we decreed again t the si id sir John, that ho
^honld be a secnu i tli'.ie cited prr-'onally, if ha
couhl be found : if Uiit, bv ednr, as bi-iore,
to appear b^Mwre iir. on the Saterdav ni \l after
I he te;ist of the apo>ilc and esaoj.eli'si >l. M*4i-
lluw ni \l en-iiiirj, to ••hew, if he ha«» reason-
able caut>«' v\hv 1.0 oiiiihl not t'» be proceeded
aj;:iin>t as a pubiitU lu'niiek, sehi^tnatuk, and
an enemv of the ( ;ilh"li»k (.buit h, and why
he ou'dit no! (u be adiii<iu,(-d a> Mirh, and (he
as«iistiin(»M)f the sccidar arai be >olenmly called
for aLiaiiiHt liini ; peroouiiliy to propiiuud, and
lurth«r ti» an-wir, du, und rtt'tiic comerning
all and siniiularthe prenii-e-i, what in juy'iee is
meet. — At which time (n:ini( K, the Saturday
ne\t afur the feast of St. Muuhcw, being the
259]
STATE TRIALS, I Henry V. lU^.-^Trial and Examination tf [260
93d of Sept. ns we held our court in the chap-
ter-house ut* St. Pauls in London, wiih our
brethren, 1U\. lord hi>hop of London, and
Henry of Winchester in sessions with us, sir
Kobeit Morley knight and lieuieunnt of the
To WIT of London, appeared in court wiih the
said sir John Oldcabtle knight, and dcliiered
Lim to us :
*< For he had been arrested a little before by
the king's order, and confiued to the Tower.
To the said sir John OUlcastle thus personally
appearing, we repeated, in soft and moderate
terms, and in a manner very courteous and
obliging, all our proceedings against hhn, as
they stand upon the journal of ilie former
day ; namely, How he the said sir John stood
presented and charged by and upon the arti-
cles above mentioned, in convocation of tiie
{irelates niid clergy of our said province. And
ir>w he had been cited and excommunicated
for his cdMiuuKicy. And, though by his default
it was come to this, we notwithstanding
shewed OMr selves ready and willing to absolve
h'm. — But he the said sir John taking no no-
tice of this our overture, ans\vercd, He would
sladly make pn)fesfri<>n, before us and my said
bi'ethren, of the faith which he l>elicved and
maintained. For uhich we giving leave, as
he desired, he drew out of his bosom an in-
dented u riling, and there openly read the con-
tents of it, and atterwards with his own hand
presented to us the said writinj!, touchiii;;; the
Articles whereof he was accused; of which this
is the copy :
*' ' I John Oldcastle knight, and lord Cob-
ham, desire it may he known to all Christians,
and I call God to witnesss, that I never have
entertained, and, by the help of God, never
will entertain any pcrsaasion, which is not con-
sistent with a firm and undoubting belief of all
the sacraments, which were ordained and ap-
pointed by Christ himself for the use of hib
church. ^Moreover, that my faith, as to the
four points aliedgrd against me, might be more
clearly understood, I dcchirc, l-'ir^t of all, That
I believe that in the adorable sacrament of tlic
altar, the very body of Christ d.ics exist, under
the species of bread : the same body, I mean,
that was born of his mother Mary, thai waa
crucifved for us, that dy'd and was bur\*d,
and rose again the tl;ird day from the dead,
and was exalted to the rii^ht IkukI of his rttrnal
father, where he now Mts pnrtaker with him in
glory. — Th«?n for the Sacrament of {>enancc, I
believe it is chit fly nece4«iary foralltlint dcsiie
to be saved, to amend their wicked live s, and
undergo surli a penance for the Muful part of
them, as hy a true confession, an undissem-
bled contrition, and lawful siitisf.iction, mani-
fests it }>elf to be agrreable to the holy scri|)-
tn:(s, without «\hrcli none c:iii hope for s:dva-
fion. 'I'hirdly , u ith respect to Iniai:e«, J hold
that they arc no in<:rcditnt in the (h-i^tiiin
belief, btit, hmg after ilio publication of the
faith of Christ, were int:-oduced into the world,
by the p€rnii«sioii of the Church, to be as a
calendar to the laity and the iguoraoi| that by
I visible representation of the sufTerings of Christ
and of the pious hviS and martyrdoms of the
saints, the remembrance of those things miclit
the more easily be impressed on their raiiias :
hut if one so abuses this representation, as to
give that w.irship to these images of the saints,
which is due to the saints themselves, or rather
to him to whom ihe saints ihc-mseUes owe all
honour and adoration, and putteth his confi-
dence in them, which is only to be placed in
(/od, or is so aficcted towards these senseless
images, as to be more devoted to them than
(lod, in my opinion he is guilty of idolatry, and
wickedly sins against God, the only object of
wursliip. — Lastly, I am fully persuaded, that
there iii no abiding place upon earth, but that
ML' are all pilgrims either on the way to happi-
neb«, or tending to mi:»ery : he that cither
knows not, or will not be inslrucied in, nor
live in the praciice of the commandments of
God, ii is in vain for him to expect salvation,
tho' he went on pilgrimage into all c}uartenof
the world : and on the oUier side, he that lives
in obedience to the holy commandments of
God, will undoubtedly be sav*d, thn' lie never
went a step on pilgrimage in his life, either to
Rome or (Canterbury, or Compostell, or to any
other places.' "
" ^^J^ John having thus read his Writing, we
wit!i our brethren the bishops abovcmentiuned,
and divers other doctors and learned men,
held a consultation about the contents of it:
and by the advice and agreement of the same,
we thus applied to the &-aid sir John Oldcastle,
at the same time and place : * Look you, Sir
John ! In this writing of yours, it must be coo*
fessed there are cocitainod many good things
and right Catholick ; but this day was ap-
pointed you to answer to other points, which
savour of error and heresy, which your decla«
ration has not fully answered ; and therefort
you ought to explain yourself more cleiu'ly as
to those points, and more particularly declare
your faiih and assertions expressed in the suid
writing, viz. Wheihtr you hold, believe, aod
afhrm, that in the sacrament of the altar, atler
consecration by the priest, there remaineth m»*
terial bread or not ? Also, whether you hold,
Ijelieve, and aflirm, that in the sacrament of
penance, it is necessary, where a priest can be
liad, to confers your sin!> to the priest, ordained
by the church r' — To which state of the ques-
tions, amongst many other things said by the
said sir John, he an>weiLHi, expressly, Tliat be
would not declare himself otherway<<, nor re-
turn any other Answer, than in hi» said Writ-
ing. Upon this we replied to the said sir John,
wirh much patience, and in a courteous and
atTcctii>nate manner: ' >ir .Tohn, it behoves yua
to consider well of thi;^ matter, becau>e if yott
don't retn:n a clear answer to tiie articles ex-
hibit<>d si<:ainai yon, within the time assigned by
the JuHge, we may proceed to pronounce and
declaieyiu an heretick.* But s*r John woold
abide by liis former answer, and afibrd us no
titlier.
" Wc therefore advl&cd with oar brethren tha
2tfl] STATE TRIALS, 1 IIenuy V. \UH.— Sir John Oldcaslle, for Heretry, [202
bisbops above-nientioiieH, and otiiers of uur
Ciiuiicil, and dy their ad\icu we declaied to the
s»:d air John Oldcnstle, what the huty Ilmmii
Churrh, foUuwinv the (ioctriiics of St. Austin,
St. Jer jfu, and St. Anihro^c, and other faiii-rs,
in the^e points, h:id detenniniid ; which dctei-
minatiunt all Catliolick» were obli<:c*d to sub-
mil to. To which the said sir Juiiii gave fur
Answer ; * That he would re:idily iis<^crit to and
ob^en'e the determinations uiul decisions of
holjr church, and ail that (*od required him to
beliere and observe ; but that our lord tlie
pope, the curJinah, the archbi^^hopA, and bi-
ihops, and other prelute:» of the churcii, had
power to detennine such thins;«, he would by
BO inean9 aflinD.' We, still patiently bcarint;
with him, in hopei he might he bcttcr'iiiformcd
bj mature dehbemtion, piomised the snid bir
John, That certain determinations, rcluting to
the points above -mentioned, and to which he
outfit ti) give a clearer Answer, should he
translated from the Latin into English, that he
BJght the more c:i»ily undtrstand tlicni, and
tli^ be published for liis use. And wc com-
mende<i and anfectionately entreated him to
prepare and dehvcr in a full und clear answer
to the same on Alonday next folloainj;.
** And we'cau^ these determiuatious to be
trantlatcd the same day, and to be delivered
into his own band^ tlie next Sunday, the tenor
of which detenDination ii ns follows : * The faith
and determination of the holy cntholick church,
conccming tl»e sacrament of the altar, is this,
That after cimsccmtion by a priest at mabs,
the substance of the bread is cliangM into the
Baterial body ot* Christ, and the substance of
the wine inta the material blood of Christ ;
fUref ire after consecration, there rcniaineih
CM any of the snbHtjiire of bread and wine,
whidi were in both before it. What Answer
doyjB give to this Aitulu ? — ANo holy church
btA deiennijied, that it is the duty of every
Christian living in the world, to cimfess 1)1^
ras to a priest, ordain'd by t!ie church, if he
kks tlie opportunity of such an one. What iu-e
ymr •«iitim<.-nts of this Aiiicle? — Christ or-
daia'd St. Peter to be his vicar on eaith, whose
see is the church of Home; and t!i:it all t)ie
fucccsc^orb of Peter, who are now en Med the
popes of Home, should succeed in tlie same
powtrr and authority with which Christ invested
him ; by whose special power are constituted
and ordained nrelates in particular churches, as
archb:*fliops, biehops, cnnites, and the rest of
the erc!e*i'isticid order ; to wliich all Christians
owe obedience, according to the traditions of
the Komnn church. This is the deCerniinntion
of h )ly cl.nrrh, and what is your opinion of liiis
Ariide? — Besides these, the holy church hath
ordjiu'd, that it is the indispensable duty of
every Christian man to go on pilgrimage to
h'A\ pi arcs, and there to adore the sacred rc-
hckf ni tlie npostlcs, martyrs, and confc—
son, and of all the saints in the c-dendar oi'
tSe Roman church. Iluw do you hohl this
Article V
" On Moadnjr the Sdtb of the laid month of
Seotembcr, wc a8«>e nblod with our brelhien the
bishops ahove-mcntion'd, with the aiKliiiixi, by
our order and c«>Miinand, of our venerable bro*
thrr lienedict, \ty tlie gr.ice of God bi»li'«p of
Bangor. And our C'lunsc-llors and oiliccrs,
namely, Mr. Henry Wai*e, (Mhci.d of Cuuter-
biny ; Philip M-rgin, doctor of both laws;
Ilowel Ky»r(Mi. John Kemp and William Carle-
ton, docttirs u\' the cantjn la» ; and Joliii Wit-
nam, Tlionias Palmer, Uobcit WoniherNel,
Jolin Withcad, Robert (.'hnnibi-rlain, llichard
O-Kldington, and Thomas Walden, dot t'rrs in
divinity ; also James Cole and John Stevens,
our notaries, both called to assirst, unii take tlie
Examinations, in the Trial, mere all and every
of them sworn upon the holy evangelists, as
I hey would answer it to God and the world,
faithfully to discharge their duly that day, in
the matter and cau^e above-mcniion'd.
" After this Iiol>ert Morlcy knight and lien-
tenant of tlie Tower of I^ndon, brou;;lit sir
John Oldcastlc into courr^ and set him l^efore
us : To whom wc ailably and courteously re-
pented the Pi'oceedin;j;s of the former day, and,
as before, toKl him, llow he had been, and still
stood, excommunicated ; and we intreatedand
besought him to (h sire and accept of absolu-
sion, in the usual form of the church. To
which sir John then answered in these word? :
' That he desired no absidution tVom us, but
only from God.' — Upon this we praycfl the
said sir John, with an air of kindnos and con-
ceru, to give his full Answer to tlic AiticUs
exhibited ng:unst him. And lirst wc demand-
ed what he had to say about the Sacruncnt of
the Eucharist? To which Article, amoup other
things he answer'd and said, * That us Christ,
when he livM upon earth, had the divine and
human nature imited to;:ether in him, and the
divino was vcilM and overM under the human,
and only the human vi?)il)lc and outwnrd ; so
in the Mmincnr of the :dtar, thcie id the >ery
body of Christ, and real bre.ul to't ; the bread
is the thliii* wc see with our eyes, and the body
of Ciiri-jt, which is hidden under ir, wc do not
see.' .Vnd the faith about thi"» S:icr.un:nt of
the Altar, expressM in tiie Wriiint; which we
sent to hi<n, as dctenniiiM bv the li'>iv Konian
church and the fathers, he exore^^ly deny'd to
be the det.cnnJnatit)n of the church, o", if it was
the dctcrinin-.ition o\ the clnirch, he asserted
such dctcnuiiiiition (o be made contrary to the
li«)ly scriptures, and aflrr the chuich was ag-
grandi/.'d and corrupted, and n(»i btt'ore.
" To the ArLiclt"> about Penance and Cou-
ttsision, he anbwtr'd in these words : * Tint if
any one it so entangled ui the snares of sin,
thai lu; knows not how to exticato himself, it
is adiidalde and cxpedienl for him to apf^ly to
sonic (-i >us and discreet minister for glio«>tly
ronnscl : but that he should confers his sin to
lii:> own or any other priest, tho' he had never
so \\n<it\ ;in op[Mirliinity, is not at all nccex>ary
to sidvation, liecan-^e siuh a sin can be for-
given only upon contriiion, and mi th:it alone
can the sinner be cli'arM.' — Concernins: the
Adoration of ihe Iluly Cross, he then declared
2G3]
STATE TRIALS, l TIenry V. \\\$,— Trial and Examination of
[20 V
nnd asserted, * That the bodv of Clirist, whicli
hunj; upon the cro^s, uu«;ht only to he wor-
sliippM, because that body was and is the only
adorable cross/. And being a^k'd what honour
be allow'd to the image of the cross ? he an-
swered in these express words ; ^ That to keeji
it clean and in his cloKet, was the only honour
he vouchsafed it.' — As to the power of the
Kevs, our lord the pope, archbishops, bishops,
and other prclali^, he said, * The pope and
nve together made up the true antichrist : the
pope was the head, the archbishops, bishops,
and other prelates the body and limbs, and
thefri'.irs the tailof antichrist; To which pope,
archbishops, and prelates, there was no obedi-
ence due, any further than they iinitate<l Christ,
and Peter, in their lives, manners, and conver-
sation ; and that he is the successor of Peter,
who follows him in the p.uity of iiis life and
conversation, and no other.'
^* The said sir John added, addressing himself
with a loud voice, and extended hands, to the
5eople that were present : * Tlmse who sit in
. udgment upon mo, and arcdoirous to con-
demn me, will seduce yon all, and tiu-mselves,
nnd lead ye to Hell ; take therefore good heed
of them.' rpon his siiyiog this, ^^e apply 'd to
the said sir Jo!m, and hesoui;lit hnn, with
tears in our eyes, and exhorted him in the
most compasbionatt' manner we could, to re-
turn (o the unity of the church, to believe and
embrace the faith and doctrine of holy church.
To which he relurn'd this peremptory Answer:
'That he would not bilicvc nur nniintain
otherwise than he had before dci lar'd.*
" Sceinj; therefore he was so )iarden*d in his
crror<i, that we had no hoptts of working on
)iim to renounct* them, we proceeded with re-
):ret and bitttrnciis of heart, to pronounce the
followint: definitive Sentence :
" In the oanie of dod, Amen. Wc Tho-
mas, by divine prrnii».<>iun, archbishop and
liunible minister of the holy chmch of Canter-
bury, primate of nil England, and Ict^ate of the
apost(»iick see : Whereas in our last convoca-
tion of the clergy of our province of Cantcr-
liury, holdcn in the cathedral clinrch of saint
Paul, London, after consul tai ion upon severnl
lieretical tenets, and strict in'juiry made who
were the author^ and abettors of the same, sir
John Oldcastle, knight, and lord Cohham, was
detect i><I and prcsi-ntc<l of and for the said
beresies, as having cjiven great scandal through-
out our province of Canterbury, by openly and
a\ot^edly professing the same; upon the ad-
dress and roproentation of all the clergy in
the said C'»nv<»cation f r a process, we pix>cccd-
ed according to law against the said sir John,
nnd (as (Jod know>) with all tlie equity anrl
favour that could possibly be shcw'd : and, fol-
lowing the btepsot Christ, * who would not thr*
death of a sinner, but rather that he vhouhl be
converted and live,' we cndeavonr'd to reclaim
the said sir John, and iry*d all ways and means
that we could devibC to reduce him to the
tmity of the chun-h, declaring unto him the
doctrines, tenets, and dcteriuiaatiuns of the
holy Roman and universal church, relating to
tho^.e points. And iho' we found he had
aposiati^'d from the cathoiick faith, and was
so conKrm*d in his error, that he would nut
confess it, nor clear himself of it, nor disavow
it ; yet forbearing him in paternal love, and
out of a sincere desire of his salvation, we al-
lo\%M hiia a competent time for deliberation, and
\^ herein «fO- might repent and reform himscli*. —
But fora*^-*i(ich as we have ex[>erienced the said
sir John .o be incorrigible and irreclaimablei
we at last with grief and heaviness of lieart, iu
obedience to what the law require*, proceed to
give sentence definitive against him — In the
name of Christ, and having his honour only in
view; tbrasmuch as we have found by divcn
acts done, produced, nnd exhibited by indica-
tions, presumptions and proofs, and m.tiiy other
kinds of evidence, that sir John Oldcastle
knight is really and truly an heretick, and a
follower of hereticks, against the faith and re-
ligion of the holy Human and catholic church.
and particularly with respect to the sacraments
of the eucharist and penance ; that, as a child
of darkness ;:nd iniquity, he has hardened his
h(v.irt to that drgree, that he refuses to hear
the voice of his pastor, and will not be pre-
vailed upon by gentle monitions, nor reduc'd
by soft persuasions, iho' the merits of our
caubO, and the demerits of his own, he had di-
ligently canvassed and weighed, and so aggra-
vated the wickedness of his error bv his daoiD-
able obstinacy : we unwilling that he should
contract further degrees o\ guilt, by infecting
others with the contagion of heresy, by the
advice and consent of men famous tor discre-
tion and v%iMlom, our venerable brother*, ibe
lords, \ii\. bishop of I/>ndon, Henry bishop of
N\'iuchcster, and Benedict bishop of Hungor,
and sonu> otner drci ^r^ of divinity, and of cunon
anil civil law, and other religious and learned
person*-, called to our :issiatance : we do pc-
rcmptoi ily and dcliniiivcly, by :his preisent writ-
ing, jud>:e, declare, and condemn the said sir
John ()ldca^,tle for an heretick, convicted of the
detestable crime of hcre>y, and utterly refusing
to be reconcile d to t lie church by repentance, and
an apostate from those doctrines^-in the abuve-
nientioned articles especially, »hich the holy
l'oin:in and cathoiick church holds, teaches,
and hi;th deSermincd : and v\c leave him from
henretoith as an heretick, to the secular Judg-
njfiii.--And furthennore, we have excummu-
ni<':itcd, and by these presents do denounce
e\connnunica(ed, the said heretick, and all
or hers who bli:dl hereatlcr, in favour of his
error, countenance, defend, or afford him any
counsel, aid, or comfort : deeming such person
or pcr^ons as abettors, cncouragers, and de-
fenders of hereticks. — Atul that these premises
niiiiht be promulgM and knovM) to all christians,
v%e charge and enjoin you, forasmuch as the
sairi hir John (Jldca^tii* was and i& condemned
by us for an Heretick, a Schismatick, and as
erroneous in the above-meniion'd articles, and
also all other persons, who out of favour or
aflection to Ids errur^ shall bereafler couotr-
265] STATE TRIAIA I Henrv V. \\\i.— Sir John Otdcasth, for Jlmin/. [o^O
nance, defend, or alTonl him any counsel, ni<1, !
ur conWurt, nre excoininuniciiicd, as lir'.Mn'd i
nbetton), cncouni}:en>, and putrons of hcrcticks, :
uccurdiiig to our said deiiiiUivn sentence, tu <
give onlers and diiciions to v»nir priests and ;
curates of yonr respective citu-s and (iiocc-ca, .
in ilieir respective cburrhm, when thcrf i.-» the ■
pe;»te*t congre;^atiiin of ptjoplc, to declare, ■
fiubluh, and exposo with loud and ::ndilili.*
r-iice, and in our mother ton;;nL-, t!ic i/.id he- [
retick, and heretick-i, nccorchn;: to onr ^aiil (!<•- ,
bniti\e sentence, and the order ijhhcived in [
thi? process; to tlir end that ;*.ny wronj^ no-
iwos, which posaibly the pe')plc may have given :
into concerning theae matte i>, and our pro- i
CKrdin!:^ npon iheni, mii;hi he rectify *d hy this ;
puhlick (iedaration. — Moreover, we will and {
comuiand you the bisl)ops here firescnt, to take ;
ci9pMr4 hereof tvord for word, and M-nd one to |
each hi«hop of our province o! Canterbury, that
so all and every ot them may publi>h, intimate
mhI declare, and cause hy their respective
pncstii and curates to be publish'd, in their se-
imii cities and dioceses, tiie manner and form
oi' tiiib our proceed in <!, and aUo tiie said Scn-
ttace pruuoiinccd by u>, and all and sini;ular
onteais of the same. — And, lastly, we retiuirc
of you and them, that t]ii> business he di<i-
pvch'd wiili all convenient expedition ; and
that you and they do duly and punctually ad-
viw and certify us of the time of receiving
ibeie presents, and how this our command ha>
^n executed, hy your and their letters patent,
•Doordins to the tenor hereof. — CJiven at our
pshce at Maydstone, on the lOlii day of Oc*
tbbcr, ill ilie year of our Lord 1113, and of
AT tran^latiun the 18th.**
Tt'forfifd] Imlictnitni and Outlaurif cf Sir
J*t-''» Uidio.ytU^ JauU Loh/mni, for lii'^h'
Lcui.m. [UU. 1 H*n. I'. Rot. 7. B. K.]
.I)i4s coram Gulichno I(oo>i(IeIIamlak,nen-
nc: !• Srrop, Ciidiehno (rowmtre .Majorc ci\i-
tif/i l.-<iidi»n, lliit;ime llnU iV sociib Ju>tie'
I^'i'imi It'.gis, ad inquirend' per >acram* pro-
Ur.t'i ^ Je^al' lioininuni de civitate Domini
Xt.'i- L.fndon, iN: snhurhiis ejuMlcni, nc dc com*
Mii>i*ram infra tihcilates, <|uam extra, de om-
f.YNcv- *ini:ulii prodiiionibui ^ insurrenioni-
^>>. per ijiianipli'res bubditt)s Domini L{e>:^is
I.ji.ird /9 \ul^aiit* nuncnpaios, iS: alios in civj-
tiN. «>uliurbiit, ^ c'ofu* pr.rdiciis fact is iV per-
f^T .ir «, necnon cle oninihcis prodinonihns, in-
ii.T-«-:t; i!iihu«, robelli'inihu-*, ^V felon iis in eivi-
t?:i. <::brirhii'', ^ Cum* pra-d' per qnobcunque
i: ■! ;..!in:r< tinq; fattis, i»crpetralis \' ad eii*)-
*" 11 proditifinrr', in.-;jrrcrii«mes, rrhelliouis, \
■'-'lU) audii"id*M tf:rMiiii:ind* secundum Icircm
u '- iifUCMidiiein rctirii Domini Ur^'^ Annlia',
j-'l^ff rai i|/'»i"ii Doniini Regis patented, n--iL'.i'
».■.! VVi-^r die Mercurii priixinn* pM>t fi^-tuui
l| pli:i:':.r D'MMUii, anno rcjxni I{Cf;is llcnriri
V ■>(> {ci^L coiiipicrtuni priuiri, per .naeram' xii.
jir* r\;i"it pnpsen'tatmii, quod Johannes Oltl-
(■•?> de Couivng in com' Kane' <thr' Cv alii
L-:. L'dt vulgar* nuncti[):it*, r|ui coutra iid/ni
a!jrjUGain divcrsai upinioucs iKurcticaf, \ alirj^
errores manifestos legi catholiiw rcpugnantes
(liu ti'inoraric tcnucrunt, upiuiones ^ errores
{■n!>dic'.05 manutouore, at in I'aito miniine per-
inq)lere valentes, ({uaniliu re{ii.i poteiitas, ic tarn
.status rei;al' Doinmi no-tri Kon^is, quam status
♦S: oiUnum l*ra;lacia* diiinitalis mfra rei:;inun
Angl' in pi-i)»pcrilaie perjevorarent, faUo ii pro-
diiorie muchinando, tani statuni re(;ni, quam
^t.uum L^ otiicimn pra latoruin, necnon ordines
r^liuiosorum iniVa dicUini rc^inun Au::.!* pcnitus
adtiullare, nc Di)ininuui nostunn ]{c'gem, fra-
iw^ >uos, pral.\los l'v alios nui'rnato eju^dcm
reiiui interficcre, ncci: m virus relij^iosos, relict'
cult' divinis iS: rilijiiosis obscrvanciis ad ocju-
]iationC3 muudanas provocare, & t.nn ecclesias
c:»tln.dralcs, quam alias ccclefci'is & dmnos relj-
gios*.is de reliqitis 6: aiiis hunis ecclesiastic is
t:>talitcr sp(jliare, ad funchius ad terram pru.'-ier-
ncre, &c dictum Johannem UUicu^llc rcgcuiem
(fpjbdem regni constiiucrc, quampiiira rcgimina
secundum eorum voluntatem, infra regnnm
pr.rdictuin, qua^i gens sine capite, in iinalem
destnictionem, tani lidei cuthohca; &i rleri,
quam btatub 6^ majestatis dignitatis regal* infra
idem rc^num ordiuare, fal^D iV prorlitoric ordi-
naverunt & pniposuerunt, qu>d ipso insimul
cum quninpluribus rebellibus Domini liegif
lunotis, ad numerum vi;;inti milliuni hominuin
de divert is parti bus regui Angl' modo guerrino
arri\ai', privatim insurgent*, cfc die Mercurii
proximo post festnni Kpiphania? Domini, anno
regni Regis pra^dieti |>r;i:dirto, apud villani He
parochiam sancti /y.<j:nlii extra R irram vetcris
'I'empli London, in quodani magno campo
ibidem unaniniit' convenircnt, iS: insiinid ob-
viarent pnt nephando proposito suo in piu?-
mi«'!9is prrinqilend' ; quo quideui die Mercurii
apud villam l^ paroehiani pra'didi J. Oldcastle
iM alii in* l.aju'mndi liropD^ilto iruditorio pcr-
severantt^s, pr;""liciuin Doniiuum nostrinn Re-
jrem, fr.ures suos (vi.Ieliect, Thoniam ducem
Clarrneia' Johannem, de Laurabtre, fc Hum-
fredtnn de Lancastre) necnon pralato^ \* mag*
nates pra'dici;>> interficcre, necnon ipduui Do-
niinuni no^lruni ReiitMu, ^ huTede^ buos, dc
regno suo pra'dieto exhaTcdaie, \' pra nn^sa
onniia iV singula, necnon (piamplura aha m.da
ifc intoltrrabilia, facere & pcnmplere faUo iSc
proditorie propo^ucrunt t^ inniginavcrunt, i>e
ibidem versus campuni pra'dictum modo guer-
rino armati' proditorie modo insurrectionis
coutra li^ii'.uuia^ sua^ erpiitaverunt ad debeU
landinn dictum Domiuum nostrum Regent, nisi
per i[)«nni niarni f<irti gratio^e intpediti fuis^ent.
(^u«)d quidoiu inditament* Douiinu^ Rex nunc,
ccTtis de cansi>, rora:n eo venire ft cit ternti-
nandum. P«;r quod pra'ccptum I'uit Vic*, quod
non omifterrt, iVr. quin eapertt pra^fatum Jn-
Irmaein ( Jjilt-isih', si, iSiV. tc saUo, &c. ita
quod liat-CMi-i t.-.)rpus rjiis coram Domino Rege
a|)ud WesiiU'pn.iftorium ad ituuc diem, scdicet
fiio MtNciirii pniximo p<>bt octavas sancti
liilarii, i«!o eorli-m t* rmino ad respondendum
D'liiiini) IU_'\ de praMni-»»i'*, &c. Arl quondicm
^ locnui cnrain DomiuD Uv^v Vic*, (|Uod exigi
faci ret einn de crmi' in ctun' quosqui* nllai;i'tnr,
si noil, dec. 6c si, 6cc, tunc «uin CA^icret, Ac ml-
2fl7]
STATE TRIALS, 3 Henry VI. U2^.— Proceeding agamst the
[268
vo, &c. ita quod habercnt corpus ejus coram
Dominu liege in octuvas sancti Johannis Bap-
tists ex tunc proximum sequentcm, ubicunqnc,
&c. ad respondendum Domino lle^i de pro-
ditionibus & feloniis superius sibi imposiiis.
Ad <)uas octavas sancti Johannis Baptists, an'
regni R. Henrici quiuti post coiiquestum secun-
do, Johannes Sutton & Jo' MiclieU' Vic* Mid',
coram Doinioo Rege returnaverunt, quod ad
com' Midd' centum apud Brnynford die Joris
proximo ante tVstuni S. Barnabae Apostoli, an'
rcg* U. lien' quint' po»t conqueslum secundo ;
& ad quatuor com' ex tunc ex proximo prarce-
dcntcs, prsedictus Johannes Oldcnsde exuctus
fuit, & non comparuit ; & quia ad nullum eo-
rundem com'comparuit,idco praesentibus Coro-
natoribus com' prsedicti utlagat* fuit, per quod
inquiratur de terra & cataliis suis.
SI. Proceedings, upon an ej: post facto Act, against Sir John Mob*
TIMER, for making his Escape from Prison. 3 Hen. VI. a. d.
142 K [1 Cobb. Pari. Hist. 350.]
2>IR John Mortimer, of Bishop's Hatfield,
Hertford, having been indicted on the oath ol'
one King, servant to sir Robert Scot, keeper
of the Tower of London, upon the Statute of
Escapes ; an act was made this parliament on
purpose to dc»tro^ him, aliedging several other
Articles against him. As, first, " That tlic said
sir John had contrived with him to break out
of his imprisonment, and liad promised him
immediately a reward of 40/. a year, to be aid-
ing and assisting to iiim in his escape ; and af-
terwards an enridom. Second, that the said
sir John told him, that after his escape he
would go into Wales to the earl of March ; and,
having raised 40,000 men, wuuid enter the
kingdom again, and cut off tlie heads of the
protector and tlie bishop of Winchester. Third,
he had told this informant, that the earl of
March was ri);htful heir to the crown of Eng-
land, and that after him he was the next heir ;
wherefore, if the earl o^ March refused to re-
cover his right, he himself would take upon
him the regal power as his due. Lastly, that
when he came into Wales, if the earl of March
w(julii not accept his service, nor engage in tha
cause, he would then fly into France, and at-
sisi the French king against Henry, and did
not doubt hut in the end he should gain hit
desii^n/' — It appears by the Record, that this
sir John Mortimer had been committed pri-
soner to the Tower, fur suspicion of Treason
done against the lute king, from whence he
had made his Escape the first year of this reigo.
For which escape alone, wc suppose, ha was
indicted, and this indictment, by the authoritj
of parliumenr, was allowed to be good. And
the said sir John being again appreliendcd and
brought before this parliament, Judgment was
given against him, to be carried back to tlia
Tower, and drawn from thence to Tyhunki
there to be hanged, dru»n, and quartered; his
bead set on London biidf^c, and his fourqoaiw
ters on the four gates of the city.
32. Proceedings against Henry Beaumont, Bishop of Winchester,
for High Treason : 4. Henry VI. a d. 1426. [Cotton. Hall.
Holling. 1 Cobb. Pari. Hist. 334.]
About this time it was, that a dangerous
quarrel was set on foot between two very great
oien, both chief supporters to the house of
Lancaster; Humphrey, duke of Gloucester,
lord protector, and Henry Beaufort, the rich
bishop of Winchester, great uncle to the king.
The latter of these, hy his magnificence and
frandcur, seemed so much to out-bhine the
'rotector himself, though almost on the throne,
that be drew on him the odium and jealousy
of the otlier. The haughty spirit of the hishop,
being legate to the pope in England, was so
great, that the Protector could not endure his
Eridc ; and such an implacable enmity iircw
etween them, that great parties were raided,
on both si les, for each other's defence. In
short, a civil war, it was much dreaded, would
be the consequence ; and, all their mutual
friends could do, was not sufficient to pacify
the mind of the Protector, or to make the Pre-
late jrield any further, than, as be thought, was
becoming his high place and state. In ibil
situation the bishop, however, thought proper
to write a letter to the duke of Bedturd, rei^enC
of France, to come over and endeavour to heal
matters betwct'ii them. The duke came a^
cordiii^ly, and calling a council of the chief no*
bility :u Saint Alhans, many hot contests arose;
and, nothing being concluded at that time, iC
was n<ljourned tu Northampton, but to aslitdf
purpose ; till, at laiir,it was dctcrmined,that these
difl'ercnccs should be referred to purliamenC
Accordingly, writs of suuiuions were issiie4
out, dated Westiuinstor, Jim. 7, 142(3, for out
tu meet, at Leicester, on tlic 18th of Feb. A)
which time and pi nee be in;; assembled, in tbi
treat hall of the Castle ol JA-iccster, much car*
hud bi'cn taken to prevent any tumults between
the great trains of tUc prutcx'tor and tll9
bishop, by strictly pro!.ibiting any person what-
soever, to come thither with swords or auv
other warlike weapon. Which orders tbou||j^
2«9] STATE TRIALS, 4 Henry VI. 1426 Bp. of Winchester, for Hiirh Treason. [27(1
it fvas literAUy observed, yrt the lords and
tiicir attendants cainc armed with batts, or
great dubs, on their shoulders; from \\ hence
this meeting got the name ut' " The Parliamcut
of Biit^;** but tlii}(, also, ns soon as it was
taken notice of, was prohibited. Being all, ut
length, Mt in u peaceable manner, as afore-
Mid, the young king being there, also, present,
the bishop of Winchester, ns lord chancellor
bf England, declared the cause of the sum-
rnous, in a very sliort manner ; for, after telling
ibem that the king*s will was, that all estates
ibould enjoy their liberties, he took bis subject
from these words of Saint Paul : Sicfacitc ul
aahi sitis. These the learned prelate divided
into thrte parts, and referred them : * First to
God, for protecting the faith oi' the church,
igainst all invasions from Ldllards and Ilerc-
tKS : Sdly, by imparting sound counsel ; and,
hstly, by granting the several needful subsidies.
Bj whtchy he affirmed, three virtues and con-
veoiences would follow, viz. glory to God, by
protecting his faith ; honour to the kinj^i by
Rceiving good advice ; imd peace to tlie sub-
ject, by their liberal grants. In a'l which he
dnireii, that every estate of this parliament
vouki labour ; and that the commons would
dmse, and the next day present, their Speaker.*
^The same day the commons presented, bc-
ktn ike king, sir Richard Vernon, kni;;ht, to
ht their Speaker ; who, with the coimnon pro-
ksuiion, was allowed.
Then the commons expressed their great
dihiike to the Disscntions between duke Huro-
pb«y and the bishop of Winchester, and
■ored for their reconcilement. On which, the
A^e of Bedford, some bishops, and other lords,
aodc 1 solemn decree amongst themselves, to
^ud determine the s:u<l dilTerence, \%i(hout
fc»WTor aflfcction. Which order, after every
ME or' the lords had sworn to observe, they
>Bc a copy of it to the commons. They then
Kxeedvd in the matter, and, at lengtlj, caused
lU MJd duke and bishop, by ttseir formal in-
itnanent^, to have their disputes compro-
■Acd, and referred to the decision of a select
cnmittce of certain bi^llops and lords ; who,
iAcr some time, came to this resolution : first,
thtthe said bishop of Winchester should suf>-
■ic himself to the king's mercy ; which he did
Mcorditi;;]y. And, then the duke of Bedford,
i> open parliament, pronounced the f^aid bishop
Mooccnt uf wliut Wti<» nlledgcd against hio), in
Ibt be procijred a person to murfjer the late
Luf, wuen he was prince, as the municrer
kmstlf confessed who was drowned l>y the
cvl of Arundel. And, also, in that he .should
OAiisel and ti^vi^e the said prince to have dc-
pMeiilJcnry IV'. hi!» father.- Likewise', it was
•virdeci by the said committee, that ttic
kkhop slioidd acknowledge his olfence to ttic
ikkc of Gluucester, and, in a submissive man-
Itr, ask his pardon ; that the said duke should
fively l^irfeive him ; and, in token of a thopMi^h
feooDciiiutiun, each should lake the other l.y
tti hand ; wliich was accordingly done before
it whole assembl/.
This is all the account which sir Robert Cotton
ha.s thoui;hl lit to extract, relatini;: to this strong
contention betwciMi these two noblemen ; who,
thcjugh HO nearly related as uncle and nephew,
yet still curried on that implacable malice
against each oti.er, which ended not but in the
death of one (jr both of them. Hon ever, the
Chn^nicles of Hall and Tlollingshcad are not
so silent in this matter ; they tell ns, tliat when
the affair of the quarrel was hrout^ht before the
parliament, and each party allowed to plead his
cause freely, the Protector, who looked upon
himself as the person ag<i;rieved, exhihited Ave
Articles against the bishop, to all which he
was urged to give in his Answer, Wliich Arti-
cles and Answers are as f()llow :
Articles of Accusation presented to the Parlin^
went by the Duke of Gfoucexter, against
Henry, bishop of Winchester, with his An*
swiTs to them sev^rat/y.
1. "That Richard Woodvile, esq. keeper of
the Tower of London, did by the instigation and
encouragement of the said bishop of Winches-
ter, deny adjuittance to him the siiid duke of
Gloucester, then being Protector of the king-
dom, into the '1 owcr, contniry to reason and
duty, and in derogation to Uie kings autliority.
To this Article the bishop answered, " That
while the duke of Gloucester was gone into Hai-
nault, it happened that many pampldets and
reports bein^ dispersed up and down the city of
London tcnaing to rebellion, it was ordered by
the lords of liis majesty's council, that Richard
Woodvile, esq. should with n sufficient number
of armed men have the keeping of the Tower,
and should not permit any man to come into
tlie Tower stronger than himself, without the
special commandment of the king, by the ad-
\ ICC of his coimcil. After this strict charge the
duke of Gloucester returning out of Hainault,
and not approving the fortifying the Tower,
told the citizens, who were dissatisfiefl at it,
' That had he been in Kngland it should not
have been so ;' and imme<liately goin^ to the
Tower demanded admittance, but Woodvilf,
nr)t daring to give hhn entrance, came to the
bishop of Winchester for advice, who ti 1 1 him,
' that the duke of Gloucester took more upo©
him than he ought, and that before he admitted
him into the Tower, lie out^ht to provide himself
a sutlicient warrant of the kin<; and council for
his so (loin;! (■• Ultra ry to the ll>nner order."—
2. That ihi: lilshop of WinihcNtiT, without tlie
advice or consent of the duke of Gloocestcr, or
of his majiMyV privy conncil, contrived and
purposed to lay hands on his maje»«ty*s person,
and to have removed him from Kltham, the
place that hi' was then in, to Wind*or, there to
put him under the i^overnment of such persons
as he pleased. The bishop's answer to tliis
article wa<, ** That he never could propoimd to
hiinsrif any adi;intai:e by rcmovinu ti»ekin«:, or
takin<; him into l.ii cn-^t'idy or rinrge, nor did
ever intend to nieddU- with any thing about the
kind's person without the advice of tlie privy
council^ us in time and place he could pr ^
'271]
STATE TRIALS, 2S Henry VI. UbU-^Piocecdingt agauui the [272
3. That ihc bishop of Winchester knowinGr that
tiic duke of (iioucer>ter hud resolved to prevent
his dt>i>igi) 4)f bei^ing the kiug^s person at El-
tlram, hiid wail for nim, liy phiciii^ armed men
at the end of London-bnd^c, and in the win-
dows of the chambers and cellars in Soutli-
wark, to have killed him, if tie had passt^i that
^vay ; all wliich is against the king's peace, and
duty of a ti'ue subject. The bishop's defence
was, *' Thit true indeed it is, that he did pro-
Tide a certain number of armed men, »nu set
them at the foot of London-bridge, and other
places, without any intention to do any bodily
Dunu to Uie duke of Gloccster, l)Ut merely
for his own safetv nnd clefcnce, being inlonned
by several credible perscms, that the duke of
Gloucester had purposed bodily harm to him,
and gathered together a company of citizens fur
that end.*' — *. Tliat the bite kini; llenrv 5,
told him, that when he was prince, a man was
seized in his chambt>r, who was hid behind the
hangings, and coufe!>»ed after his ajtprcheny'ion,
tliat he was set at work by tlie bishop of Win-
che5ter, to kill the prhice in his brd. IJc was
delivered to the carl of Arundel, who drowned
him in a sack in the ThanxM To this nccus^-
lion the bialiop replieti, " That he was ever a
true and faithful subj(ct to his sovereigns, and
never purposed or contriver! any treason ai>;ainst
any of their persons, and e.-prciaily against his
so\ereign lord Henry 5. And this lie thought
was suthcienlly evident to any, tluit considered
the great wisdom and courage of the said
king, and the great tnist'hc repos'd in him sn
long as he remained king, Mhich he \><inld
not have done had he found him iiuiltv of such
unfaithfulness tohuiiuhile he was prince/' —
5. That the bishop of Wincfjestcr in the Hck-
nes? of king Henry 4, aflviseil his son princt
appoint them judges, that he might rindicate bit
honour, or eKc leuie him tu sue out his right
Ijefore buitable judges." — 6. I'hatthe bisliop of
Winchester iiad, in his letter to the duke of
Bedford, plainly declared hi» malicious jjurpose
i)f assembling the people, and stirring up a re-
bellion in the nation, contrary to the king*9
peace. The bishop's answer was, " That lie
never ha<l any intention to disturb the peace
of the nation, fir raise any rebellion, but sent
to the duke of Betlford to come over iu haste
to ^ettle all things that «%ere prejudicial to the
pence ; and though he liad indeed written in
the letter, * That if be tarried, we shall put
the land in adventure by a field, such a hrotlier
you have here :' he did not menu it of any de-
sign of his own, but conceniing the sedulous
asse*mbiits of masons, carpcnteis, tilers and
plaisterers, w!mj being distasted by the late act
of parliament against excessive wages of those
trades, had given out many seditious speeclicft
and n)enace> against the great men, which tend
ed much to rebellion ; and yet tlieduke of Glou-
cester did not use his endeavour, as he ought
to have (Uine in his place, to suppress such un-
lawful assemblies, so that he ttared tlie kioc
an Ibis good subjects must have made a £ela
tr) withstand them : to prevent wlucli, he
chit ilv desired the duke of Bedford Co come
o\er.
f*
This Charge, and the Answers to it, being
tl.ns dclivereil into the parliament, the further
cv'iminiition ofitwasby the houses dcroWed
upon a select number of lords, who having tbo-
r<inv;hly examined all matters, acquitted the
bi<>hnp, and by a ftimial award enjoined them to
be firm iVicnds for the future; and bv such in*
diicrnients wrought upon them, that they shook
hands, :ind paried %\ it h all outward signs uf per-
Henry, to .'\ssninc the coveriiiniMit of the na- j feet l<)\e and airreenient, which gave a mighty
tion he'forc his fdtherV de'iih, as the >aid prince ■ s.iii-^tMcuon to al! people, bo^h of llic dci^
hinixL'll'told him. The bishop replied ** That I and laity. And the king, by the advice of his
this w:u> mere cahnnnv, uhich could not hi- | comicil. made a mniinilicent feast at Wliitsun*
proved; and he hoped the parliament wouhi i I iili', to rejoice for this happy reconeiliatioa.
23. Proceedings against Willi a
for High Treason : S28 Hen.
Hist. 386.]
In the parliament whicli mot at Westminster,
on the 22nd of January 1461, came on the
Trial of the duke of Suttolk, on several Arti-
cles of High Treason : which, because he saw
that he could not avoid, he moved forhim>eir.
For, according to the llccord, on the twenty
second of January the duke stood up in the
house of lords, and required the king <* That
he might be specially accused, and be allowed
to answer to what many men reported of hitn,
that he was an unfaithful subject." He thrther
told the king, <* Tinit his father, and three
of hia brethren, died in liis ser\'irc and that of
his father's and grandfather's. That he himself
h«d lerved in the wars thirty-four yean ; and,
M i)E i.A Pole, duke of SufFolk,
VI. A.i). 14.51. [1 Cobb. ParL
bein^ but a kiii^ht, and taken prisoner, had
paid for his ransom QOuOf. That he had beca
of the Order of the Garier thirty years, and a
counselhn- to the king fiftee>n years, and had
been seventeen \ears in the ivars, M'itboot
rcturnini; home. And, asking God*s mcrcjf'WM
he had been true to the king and realiDy
he rcfpiircd his pur<:ntion.'* — ^January M,
the ( .iinnions came before the l^)rdi*, and
ri'(}uiicd that the duke, on his confessioBy
miL^ht be ronunitted to safe custody ; but the
lords and jtidires, upon consultation, '* thought
there \\a<> no (rood cause tor ir, unless some es-
pecial matter was objected against hin.***"-
January 28, the Speaker came agaiDi and dc-
'jrS] M'ATE TRIALS, 28 Henry VI. U5\,— Duke of Sufolh for lli-h Treason. ['274-
cl.irril, '* That tlie duke of StiiTnlk, ns it was if it Iind taken rllorf. For raiisinL^ tht- sul>si-
»:iii}, iti'l soici this realm co the French, who < rii-js ^r:iiito(l to \\v r-ontrnrilv cniplovcil. Fur
hail |)rr|Ktred to come hither; and Hint the I causing the kiiii;*s trcisiirc in l>o •'|Kiit on the
»nid duke, tor his own defence, had ftirnisthcd ■ French queen, niid oriicr French fjcojiU;. For
t;ieca«tlo of Wallingford with :di wnrhke inu-
iiiiion :*' «% hereupon, at llie Speakfr's ref|ue3t,
the »aid duke was coinniittcd to the 1 owcr of
Luiidon. — February 7, the Speaker of tlic coin-
loons, the chiniceHor, and tlie lord*, ivcnt to the
imi; a Bill of Articles, by which they nccii^cd
Wilhain dc la Pole, duke of SulVolk, lute of
Knclm io the county of Oxford, of suntlry
Treasons, viz.
'* 1. That the said duke hnfinf; the ward-
»iiip of Margaret the daughter and heir of John
duke ot' Somerset, he meant to marry his son
John CO her; and thereby for want of i<sue of
the king, to claitn the crown, and to procure
cijtt French king, by means of certain French
l^rds, there named, to depose the king. — 9.
That be procured tlie delivery of the duke of
Orleans, and practised with him to cause ihc
French to recover the £nglish connupsts in
hik(
thit kingdom. — 3. Uelated to the duke's pro-
nise of delivery of Anjmi and Main, to requite
the king of Sicily the king's enemy, without
liye assent of the other ambassadors. — 4. For
disclosing the king*s counsel to the earl of Du-
lUTs bastard of Orleans, and to others of the
French nation. — 5. For betraying to the
Frtnch the strength of the king's piles, onl-
nance, and munition, beyond ficn.— 6. That
the said duke, by disclosing the kind's secrets,
ctused the peace to be broken. — 7. That the
ttid duke supportt^l the king's enemies, by '
itating sundry arms uhich should luuc pasned
i^isii them. — 3. 'Fhut the said duke had
tTMttlier.ed the king's ennnies ajiainst hin»,
I; KA coiiipnjmising in the last peace the
^V'.*" Arrajfry.i, who is almost lost; nr.d the
o^eof Briiuny, who is wholly so," All which
•irckrs, the oinnnons require to he ciiroUtd.
9D^ d:;ii pro?«.'C'ution may be nwardrd tlicrcon.
On cl;e Otli of iViarch the coTiimons made a
Wm Comphiint against the duke, in eJ'ect fol-
I'/wii'j: ** F'lrsi, inT procuring the kiiiir, in l.is
CJjf'Lteenth year, to ^ive away the inhtritar.cc
Ui'l lands of tfic crown. F'or pr«jcurii»g many
liUrrties in derogation of the common Inw, and
uudrance of ju^ice. F'or causing the king
to {rive away the castle of Manlion dc SearJ,
ud oilier territories in Guicnne. F'or that rlie
cari of Armiuiac and other nobles of Gu-Ltmc,
*tre draw n t'nmi their obedience to the kinir,
tvtht iiid iljkt's discoxerinij; of «ccicts, to tl.o
UtfT iuip(ivcri*)linient of lhi*4 lenlin. For pr;-
ouinif ilie kins ro bestow the keepit)>r of fli\i:r>
to* I:) and otli c< s in Normandy and (itiii-nnc,
Ml uuvtortliv [X rsons. For pnicurin<r tire kini:
to^rao; tlic caridoms of Flnreney and [.onj;uf-
tile, and itiher 1 irdsliips in >l<irm:inily, to the
^itiirri of Orlcins, uud other IVcnchincn, tlie
bi^'i cliiefest enemies, without the as'tcnt of
1^ council. F'or that the duke pmcurcrl the
kiDz, in liii own presence, to promise the
French amha*^sador to attend in person at the
Cinvt'ti'inn in France, to the king's subversion
VOL. I.
consumin«» the sum of i/(),U()0/. lefi l»y the lord
Dudley the late treasurer. l'<»r convcvii'i; out
of the kinii's tnasjirv the <ihli«»ali(»ns of the
hnacicc for tl.-e duke of Orlcms. lor pn>-
cminj; hini>;c!ft(> h'J nmdc carl of IV-ni broke,
and ohcaininv^ the h^nNhips of llavoilord-wcst,
artcr the death of sir Kowlnnrl Lcnthal. For
-strjyin^j; the jiroross of 'Huli'wry a'.':iin'«l Wil-
liam 'Falii'iii, esfjJiire of IJiirolu, upon jcvcr.il
appeals of lU'ircl-T. l'"r pr scuiiii;; a pardon
to ti.c said William for not .ippciM-inf; ii[ion
suretyship of peace. Fi»r i)roc:inP2 pcjsous of
his confederacy t<i be nuule slieriiVs. I'or pro-
curing a garrison of Knc;!iahnic n to fight against
the Germ:ms, the king's allies on the part ot
the FVench, the king's enen)ic'«." All which
Articles the connnors reqiiiictl to he enrolled,
and that the said iluke miuiit answer tr) them.
— On the same day, the duke of Suiioik was
brought from the Tower, by the kin'i's writ,
into the Parliament Chainbtr, at Westminster,
before the king and lords ; to whom the Arti-
cles aforesaid were rehearsed, who di sired a
copy of them, \%l.'ich was granted. And, for
the more ready answer to them, he was com-
mitted to the custody of certain esquires, in the
Tower within the king's palace.
On the 14th of Alarch the said du;.:e ap-
peared again before the IihtK, and on his
knees denied the truth of tl-e fust cigfit Arti-
cles of 'JVeason a«^'.iin-t hiwi: and o,ie;e.l to
prove them falwin Hnymnnr.f.T the kiinj;sli'T..|j!
appoint. The lir^t '.'f ihcra he d»-niril os i-u-
po5»ihlo, inferrin-j, l\\\\{ s:>iiic of the l^rds ':..c*.v
Ijc meant to hii\emariiccl iiis son lo the earl nf
Warwick's <laiij^liter, if she had lived. To
many of the rc*t, he rcfeir.-d himielf to tlie
!iing*s letter*? patents, and to soir'i* ;!CN of li.t*
council. To the \ieIdin»T \ui of A!i))«i and
.Main, he referred also to the nets oi inr coun-
cil; which shew, that other lorLl-'wf re privy
thereto, ns well as himself, niid sai'l t!'«i the
same was delivered up by the bishop •?' Chi-
chester, then keeper of the privy «ra'. — ')n the
17lh, the said duke was brought a.':".:n hrfurt*
the lord% to v^hnm the chancellnr repeated the
Answer he had made, and t«)ld hiir, that
therein he had not put himself upon I lis peer-
age, end asked the duke wliich way he wonh!
hv. rric\l ? Who, kneeling, said thai l-.r^ I: iprd
he l::td ;ir^^\^eri>(l all thiuiis to the full, and so
i^rote-ting his innocency, referred hini-t'!f ea-
tir< ly to til'* k'Mii's meicy ant' award. — 'Ihere-
npon the (.li-'nee'lor, by the ki:i:;'s ciMuniand,
protionncid li is J^enttnc*', " Tliat sin<e the
dni.e (Ijil ii;ii [lit tiiii^rlf npnn his pcerat'e, the
kis' •, ui rdaiion to the .\r'Ji!i-> of 'Irea-*!)!!
colli' iiiert in the fir^t l!ill, %\oiilil be di.-ul.tfid.
And as to the \rtii h-s of Misprisiofi, the k:ng,
not as iiirlre hv the :if|vire ol the l')i<N, bur an
one t'» wliMst iinler the (hike hail eoinniittiHl
himself, doth bnnish iiini the renlni, and other
hia dominions, for five years; from the Ut ot
27.n]
STATE TRIAIA 1 Eowakd IV. U78.— Proac(fmg» dgai/iir
[276
May next mstiinij/* — After which Sentence
bt'iii); d^ei), lord Hcuuinoiit, lord hi^h consta-
ble, btood up, on the heiuiU'orthe biblnips and
lords, and required, *< That it might he en-
rulled, tliat the said Judgment was by the king's
own rule, and not by their assent ; and also
required, that neither they nor their heirs
should, by this example, be barred of their
peerage and privileges/'
The foregoing account of this parliamentary
inquiry into the misconduct of a prime mi-
nister, is taken from the Records thenisekes.
Undoubtedly, the miidnesa of his Sentenos
proceeded from the queen's great indulgence
to him; who was in hopes, that his short
banishment might last longer than the malice
of bis enemies against him. But, unhappily
for both, the duke was taken prisoner at sea,
by a private English captain, who bad way-
laid him, had his head struck off on the side
of a long-boaty and his body thrown into the
sea.
S4. Proceedings against George duke of Clarence, brother to
King Edward the Fourth, for Treason: 18 Edw. IV. a.d.
1478. [1 Kenn. 475. 1 Rapin, 623. 1 Cobb. Pari. Hist 436.]
^VhILE the duke of Clarence was in Ireland,
not suspecting any design against himself, the
queen uud his brother the duke of Gloster were
plotting his destruction. Upon liis return to
tlie court be understood that Thomas Rurdet of
Arrow iu the county of AVarwick, e^q. who ever
was dependant upon him, had been in his ub^
senoe app?e bended, indited, arraigned and exe-
cuted aU m the compass of two days. Tlie crime
upon which his Acrusution was principally
grounded) were incoiisidernte words, by which,
upon a report that the white buck in which he
much delighted was killed as the king was hunt-
ing in his pnrk, he wished the head and horns
and all in tbe king's belly,, wliereas indeed he
wished it only iu his belfv, who counselled the
king to kill it. Witb this Accusation were min-
gled many other of poisoning, sorceries, and in-
chantments : crimes which every judicious man
easily perceived, were only put iu the scale like
grains, to make his rash language full weisht,
which otlterwise would have been too light to
deserve the sentence of death. These proceed-
ings Clarence resented, as they were intended,
and expostulated with the king about the injus-
tice doae to his servant, and injury to himself.
And according to the custom of expostulation*!,
bis words vm'e bold and disorderly, and havin<;
teceived an apparent injury, built too much on
the riglit of his cause, and provoked the king too
iar into indignation; so that soon nfler he was
committed clofie prisoner to tlie Tower, where
being by act of parliament attainted, he was
secretly put to death. Tlie manner, as it is ge-
nerally received, was by thrusting his head into
a butt of Muhnesey, by which he was stided.
In his Attainder, according to the form^ are
Crimes enough to make his» death have appear-
ance of justice, the execution of which the king
seemed rutlier construinfd to, tlian to have
sought. For tliere are reckoned, ^* how tlie duke
of C'larence, to bring the present eoi*emment
into hatred with the peoplcf and Uiereby the
present state hito trouble ; had not only m his
kpeeclies frequently laid injustice to the king*s
clutrgc in attitinting Tliomas liurdet falslv, con-
vict of many notorious Treasons, but tubomed
many of his ser\*aiits and divers others, corrupted
with money, to divulge the like seditious dis-
courses : That he had sprtad abroad impioos
rumours that the kin^ dealt by necromaocy^
and upon offence agamst such of his subjects,
whom by order of law he could not destroy, be
was accustomed to take them away by pouon :
That he had not rested there, but tomby tm
advance liimself to the kingdom, and for ever
to disable the king and his posterity from the
crown, he had, contrary to truth, nature and
religion, viper-like destroying her who gave
him life, published that the king was a bastardy
uud no way capable to reign : that to make
this his so monstrous ambition more auooessfiily
and already to begin his usurpation, he had
caused many of the king's subjects to be sworn
upon tlie most blessed sacrament to be true te
him and his heirs, without any exception of
their allegiance ; after which so solemn oaths^
he discovered to them bis resolution to right
himself and his followers, who had both suffned
by tlie king*s violent wresting away their estates :
and in particuhir to revenge himself upon the
king, who (as he most impiousijf and wisely sc^
gested) had bv art-magic contrived to consume
him as a candle consumeth in burning. And
\>hat most expressed the treason of his designs,
that he had got out an exemplification under
tlie great seal of Henry 6,. late king ; whereiB
wasshe%\ed how by the parliament it was en-
acted, that if the said Henry and Edward his
son should die without issue male, the kingdom
sliould descend upon tlie duke of Clarence and
his heirs ; whereby cleariy appeared his inten*
tion, immediately to possess himself of tbe
cruun, witli destruction of king Edward and bis
children, by pretence of a general electieo of
tlie coniiiion wealth."
Tliis was the sum of his Attainder, which
we may well believe had not so easily past hot
by the king*s public declaring himself: the
secret working of the duke of Gloucester;
and the passionate uniing of the queen's
kindred. But this Attainder hath in it one
thing most renmrkable, tliat Clarence here
w;is accused of falsely laying bastardy to ti#
king, to endeavour possession of tbe crown ;
wliich atlerwards was al lodged indeed by Richard
duke of Gloucester, to tiie absolute disinbciit
«)f the king's sons.
277] STATE TRIALS, 10 Henry VII. U94-5.— -SVr W. Stunle^,for Ti-cator. (278
25. The Trial of Sir William Stan lev, knight, for High Treason :
10 Hen. VII. a. d. 1494-5. [Hall and Lord Bacon.]
[There is not a regular accoant of the Trial of
this eminent peraon, in any book we liavo
net with. Old Fabian, with his usual dry-
aess and brevity, only writes, that about
Cbrittinas 1494 sir Robert Clifibrd impeacli-
ed sir William Stanley, and that sir William
was beheaded the 15th of February follow-
ing. Fab. 530. Hall, with his followers
Grafton and HoUingshead, explains, by whom
sir William was accused to tlie king, what
was reported to be his offence, and how the
kin^ acted on the occasion ; addinj^ some
coDjccturet as to the cause of sir William's
alienation from the king ; but as to the Trial
itself, all they say is, that he was condemned
and executed. £ven lord Bacon, though he
Bppears to have taken uo small pains to
throw every light on the subject, owns, that
the memory of the case was dark; and
writes of it only from imperfect tradition,
aided by the streneth of his own conjecture.
However, our readers will scarce be averse
to seeing what a liistorian of such a deep
pcnetrsiion writes on a subject so interest-
iDp. We sliall therefore eitract the result
of this investigation, alU'r first giving Hall's
acociunty whidi will be fimnd to be tlie
groundwork of some part of lord Bacon's
more splendid and enlightened narrative.^-
Mr. liaif rave's Note.]
Extract from HalVt Henry VIL p. 35.
SVH Robert Clyfford, partely trusting on the
k)oges prumes, and partely niistrustyng the
tlsDg, b€^cnase he knewc that diverse that were
icciwed to be partakers of that faocion and
ooospiracf [in rav.ir of Perky n Warbeck]
•ere put in esecucion : and therfore perceav-
jog that their could not be a mure pernicious
lor BKire desperate begonne thinge then that
dcrdiihe enterprice, returned sodeynly agayn
iBto England. The kynge beynge certefied be-
fere of his coming, went streight to the Tow re
flf London tlie morrow after the Haye of Kpi-
ykany, and tl»ere taryed til suche tyme that
tfT Robert Clyflfbrd was tiiere presented to hys
pcrwn, which thinge he used under this pre
icnce, that if syr Robert Clifforde had accused
My of the nobilitie to be partakers- of this un-
gfKitnis fraternitie and diabolical conjuration,
tUt then et ery such person micht he called
thether without suspeccion of any evell, and
li>cre streight to be attached and cast in holde.
—But before I go any farther I wil shew the
spinioo tiaai at that time ranne in many meiu
heddes of tJiis knyghts goynge into Flaundcn».
Some men heJde this opinitm, tlmt kyng Hen-
ry for a polecy dyd sende him as a spye to
FUunden, or els hie woulde not have so son e
rtrceavrd him intf» Uu grace and favour ngayn.
Xeverthelea^ tliis is not like to be true by *di-
tcrftc reasons und apparant ar;gunientes, iir^tc.
after that attempt begonne by syr Robert, he
was in no smal dangicr hiiuselfe, and by that
was not a litle noted, and hys fame blemished,
but also hys frendes were suspected and had in
a gealosy. Secondarely, he was not after that
in so great Ikvour, nor so estcmcd with the
kynge as he had been in tymes pn^t, becnuse
he was blotted and marked with that r.ryme
and offence. And therfore he hearing liis fa-
voure to tlie house of Yorke, cntendvi>ge in
the beginniii)^ to administer displeasure to kyiig
Henry, sayled to the lady Margaret, beyng se-
duced und brought in lielefe that Perkyn was
the very sonnc of , kynge Edward. But to my
purpose : wlien syr ilobrrt came to the pre-
sence of the kynge, he knelyn^ on his knees
most humblye, besechcd hvm of grace and par-
done, whiche he shortelv oLteynud. And niter
that beynge requyred of the muner and ordre
of the conjuracioii and wliac was done in
Flaunders, he opened every pointe tf> his know-
lege, and after disclosed the names, as well of
the aiders and fautoures as of tlie i acceptors
and hegynners. Amongest whome he accused
syr Wmiarn Stanley, whome the kynge made
hys chicfe chomberleyn,'and one of hys prevy
counsayll. When he had so sayde, the kyng
was greatly dismayed and greved, that lie
shoidde he partaker in that preveous offence,
considerynge first that he had the Kovernaunce
of his chamhrc, and the charge and comfvtrol-
ment of all suche as were next to hys bt>dye,
and also callynge to remcmbraunce ihe niani-
foldc gratuities, whiche he had receaved at itys
handc, hut in especiall not A^niettynge that
bencfitc above all otlier, that one Iv by his »i(le
w mm
and ^succoure, he had v:>nquislicd and over-
throwcn his mortal 1 enemy kynge Kycharde.
Wherefore nt the hegynn^nge he coulde in no
wyso be induced nor persuaded to behve, that
he wiis such a prevy conspiratonre or nialirious
olFender; hut vihen the cryme was openly
proved and probably ulhrnud, then the king
caused hym to be reatrayned from his iibertie
in his awne chant hre wiihin the Quadrate
Towre. And tlicre appoynted hym by his
pre%y counsayll to be examined. In whiche
examinacion he notliiuge denied, but vtisely
and seriously did astipulale und ui;rec tu all
thingek luyed to h}'s chan;;e, if he were in any
of theiin culpable or blnnie woorihy. — The re-
porte is, ihut this was his ulVence. Wiicn
communicaciun was had bclwcnc hym, and
this syr Robert Clyfforde, as concerning Ptr-
kyn, wliiche faUely usurped the name of kyng
Edwardcs sonnc,* syr William Stanley sayde
and aliirmed there. That he ivould nevc^r (iuht
nor beare unnuro a^aynst the yonn» man, if lie
knew of a truthe that he was the indnhiinte
Sonne of kyn;; Kdward \, ThyM poynte argueth
and proveth Jivm al that tyme, beynge moved
with melanchuly, to bearc uu gn^at good will to
- .]
S'i'ATE TRIALS, U) IIexry VII. 1 l<)^-j Proceedings against
[2S0
I y:.- Ilcr.iv, v\l,c:\,t»f S!J»j>ir»cii lir-ji grcwc, i\iJ<l a lille displeased, and so when both tlieir
alitrthis tiisunl ilic acci;i>iicif)n o^^yr U. Cly!- luiitts were cnilaincd wiili im'lniicoi/, botlie
fori'-i'.— r'l litii il»e kyiiji doiibiiiige Vhat lo do lo.sie tlio friiilc of their lonp continued amiiic
with liim, did consult ami (uLath wiihhyinstirouf' ; and rnvourc. ^\nd so it oUen chaunceth, that
tliin sodcyiic cliuuiice. I't;r Ijc iVarcd'kast that wl« n men do not consider nor yet n»gard the
Lis iirothrr lordc 1 h 'tuns .Stanley, in whome ho grciit benelitpa to them exhibited, they rendre
liwd I'oundc ^riat I'lciidbhip, wo'uide take this ' agn)nc hatred tor liiiernlitcc, and for breade
mat ire prcvcuuisly. .'umI if he shouM remit gcvon, they ^cltle agayne a bcorpion. Nowe
iliat iaiilt, tiuit, ar.iisyci;!.- hib lenyic and incr- . to returnc to the matter.
Gv, he would he liio niwrc bolder to oiVende i At thys tymc the kyng thought it best, ye
and irta^iiacc u.orc hi'^iily. Albeit at the lust,
seve: jtee luokv' place and mercy was put l)acke,
and so he >vas ai reigned at Westmynster, and
adjnd<;rd to d\o, and accordingc to that
Jnd|;einente w.is 'brou;:hie to the 'I'owre-hill
the 1(i dave of FcLiuarv, and there had hvs
head siiikcn of. What \va!> t!ie occasion and
caii^e, why the syncerc and tuythfidl mynde,
tiiat syr \\ illi.un alKrays hcture bare to kynj;
llcn.y, was tuvncd into cancarde hatred and
di:[ iie, and why the ebpcciail favourc that tiie
kvnio hare tow aide li>ni wa^ transmuted info
di;:dcvne ai:d di^iilonsurc, dwcisc nu-n allediie
dyicr->o caMac-", asiirtnynLie thai when kynge
lleniy (v\ liat oihtr nuil'.iall lienf.'ii:e.-j ilie one
Lid Kceavcd of tl»e other, 1 wyll uowc pre-
tiiuiVl j'nd i)\«rpas>c) in that haltHile, in tiic
whif.'iC he Inrell l:yii|;e Uyi^harde holiiC ofhys
lil'e u'.A h; •» kyiiidi'in, heyniie asbociale and
ncc'ij.pMiiiid hiii with a small numhre, and
cijviiii:\ci;icl hy kyuiie Kit liardea arn:y, and
in {.:v:ii jei-pards of hi- l^te, ih\s syr Vv illiam
\n:\i' (■ .vei.t. iVoni ihe lujd .■•landley liy;» hiother
wilh a ii'HiA ciin-jany ul" slmn.'" and ha:clv
iiK i-, i;v\l ;. Lc Id;. .4- f-iauley wiMt nero the Telde I preparacion was made and provydcd ag:i^nst
wi:!i ii l;:c .1 ain:y) e;iine <ir}d<'ynly and for-.u- ! thcyrc tumulteons i:omniocion and francique
ni.-.'v i'.) tlif biju/Uis of kuige llenrv, and I ni Ire price, ihcy ol' their awnc swynge naceficd
M.xiii l.\ .) lioht dc-titircion, and ovcrihreue ! uu nHcU'e^, iind* i!et;anne to tume to their kynge
ky. i:e l-.tliaid i;s Ik fore you haw heard. ; and naturall lioge lorde.
^n^■l!v ih'.:* was a hi nelitc ahoAC all benefited j
and very nictssary, not oneJy to take hede
ahout him, but nUo to use some siiarpe pu-
nyshnicnt and corrcccion of tlie o^Tences ufhis
subjects, to the intent that the late begun so-
dicion mijiht the soner bu repressed, and tor
this cause specially that some penons voyde
of all honest feare and reverent dread, had
taken sucii courage and audacitie to tbem,
that they feared not to speake cvell of their
kyng and sovereign lord, with moost spiteful
and contumelious worded, as though thei nei-
ther feared nor woulde obey him, or his pre-
ceptes and cummaundemenles, expecting dayly
and honrely the arryvall and landing of the
feyned Rychard duke of Vorkc, now lately ry-
£en from death to lyfe. I)ut when knowlpire
of the blaunderousand opprobrious vvoordes
plices nel perceavyn^ tliat their entrcprice bad
no prosperous .successe nor toke any good ef-
fect, and especially .such as tenierariously be-
L, in to make masirics and farther seyn^ what
to I'o r*iiicin!inu, ly tl»c which kyui* Tlcnry
was nut iiiuiy jne.SLrved aly\e, hut al-i) oh-
ti uu'l I'i!' ( r.MMii' and k'riLid.jnio, which jire;it
Extract Jrom Bucou\ Henry 7. in 1 Kenneths
Complete History, p. 010.
rPOX Al-hallows-day even, being now the
bcii I'ltr, ai»Lr liie i^.Mi^d y-WL* onceohtcyut «l. he ! tenth year of the king's reign, the king's second.
«1 I iiuil.er fur:el lun- yii U a unrewarded. ' son 11 onry was created duke of York ; and as
J (fi- liie Ifirtl '111 )n;.is St-ijii-y hi' in\es{ed v. ifli j well ihc duke, as divers others, noblemen,
the. .vcijiuo of lii; i .iiM.;iiM»f .[)aili\, and ho-iilo , knights batchelljurs, anil j:c nth men ofquatity,'
oUii !• »;ii ..: Lii'v- .:n:i ot'ii*i» ^ ^^cacii In William j wiic made knijihts of the bath, aca>r<j:iig to
k l-.inlt y, lu' m-iiu hi-.n lii»i c!ii U- t ]iaii;i:erliyu. r.'ioceremony. l. jmn the morrow after Twellt li-
'riii> -vf Wi;.. !.i, ;'';i.:j:.h 1:' wvri* in fiwA day, the kiiiir removed from \Ve«'tniinster
fi\n.!i \.; . i:;i- kw.:-.and liwl In : i\.at MjiJ r-.-.iieic he had kept hi? ( hristmaa) to theTower
hi-jli
(•;r .
i . ■ ; ■
M ' ...
\'.: v. .
ti.- I .
I I
.1 II!
■n.
h:
l(
I.
C.i:l:.'.'.:z l!ii
he r>en-.>- •■! i.ondon. This Ik- did as soon as he lind ad-
k- . .-, ;!:i !i Lio rt wai'dts ^tiiisemcnt, that sir Hiiheit Cliftbnl (in whose
I :«. i.!i. r.:" :< ii c^*:vi'.|, i;i;nk- ho««nni «)r budget most ot Perkini** secrets were
i '" <#Jn. !; I . .■I'iniv! to. ihe : laved up) w us come inio ilu'.'h-.nd. And the
I ■ i!«).'. I iiu 1 i-yi!r:n>, and s'.> pi ire of iheTowtr w;s^ ci.(:>tn lo that end,
., 1. 1 ii- crlc i.f C'!i.-£t:e and ti.at if C li Mid *.hoa!d ju cu«ie :;ny of the great
I ' 1 r. I
li
t.
1^1.)-
.1 t.> tiiul^f ;:jm| di^deyiic ■ «ines, ihey njinlit withi)Ui suspicion, or noise, or
■ ■.:■.: iiMii <Hn- ihinj; enco- siieiinj: abioad of w:;rr; ins, be presently at-
> -i w:is tiie liehes anti t:iciieil : the court and pvi?4)u bein^; within the
l*.j.;rd, w|,i..|i lif «>neiy rinciure of one wall. Afcer a day or two, the
li . in I , : Oi' l.»!i«.\\i.i()iih : by riu- kin-: drew unto iiim a selected ci^nncil, and nd-
I. . '!■•. 1. iiiiA.' .if lyehes and LTcatfi niiittd Clifford lo his ])iesence; who first fell
. 1. . tiv' Ml ii'Mulit iiv ihe kyuji 'down at his fivt, and in all humble manner
nil xnil ina^iif. Win:! liu i raved ihe kind's paul.ni, \«hich the kinij; then
I"' ■ 'N»'«l ili:ii Ins sinniaik leti.m t» }xr.:nte(', iho::s;li he were indeed ?ecretly a'»sured
i.uiM I .ui i \«a\c rudt\, he was with Ilia iiot , of liis iifc before. Then commanded to tell
plM\ 1 I' I l|
1.1 ...V .
2^i] STATE TRIALS, 10 IIenhy VII. nQi-5.— .<?//• W. SianIfjf,for Treason. [282
his knowledgCy lie did Bmoiig^c inaiiy others (of
hiin&t'lf^ not interrogated) appcach bir Williani
Stanley, the lord chaniberluin ot' the king's
huushold. — ^The kinf; seemed to he niucli ainazed
ai the naming of this lord, as if he had heard
theueirsof some strange and fearful prodigy.
To hear a man, iliat had done him service of
so high a nature, as to save his Wie, and set the
crowD upon liis lieud ; a man, that enjoyed hy
bis &vour and advancement so great a fortune,
both in honour and riches; a man, that was
tied unto him in so near a band of alliance, his
brother liaving married the kiii{>'s mother; and
lastly, a man, to whom he hud committed the
trust of hi:» person, in making him liis chamber-
lain ; that this man, no ways disgraced, no
ways discontent, no ways put in fear, should be
ial^ unto him. (!litVord was required to say
over again, and again, the particulars of his
accusation, being warned, that in a matter so
unlikely, and that concerned so great a servant
of the king's, he should not in any wise go too
far. But the king fmding that he did sadly
and constantly (without hc>it»tion or varying,
and with tho!»e civil protestations that were tit)
stand to that that he had said, otfcring to jus-
tice it upon his soul and life ; he caused him
to be removed. And aflcr he had not a little
bemoaned liimself unto his council there pre-
sent, gave order that sir William Stanley should
be restrained in his own chaml>cr, where he
liy before, in the Square Tower. And the
Best day he was examined liy the lonU. Upon
bis examination he denied little of that whore-
vitb he was charged, nor endeavoured much
to eKCase or extenuate his fault. So that (not
Tiry wisely) thinking to make his odlncc k*S!>
Vj confession, he made it enough for condcm-
utioQ. It was conceived, that he trusted mncii
to bis former merits, and the interc»t tliut his
brother had in the king. T)ut those helps were
orer'weitihed l>v divers thiiK's that m:Kicn«:niiist
um, and were predominant in the king's na-
ture and mind. First, an ovci>merit ; fr)r con-
venient merit, unto wliioli reward may cnfily
rcach, doth best with ki:>i!s. Next thr ^rnso
of bis power; fur the kin-; thought, thiit lu-
tbnt could stt him up, was tlic ni(ir(> din^'UMiis
to pull him down. Thirdly, the glinnncrini; of
aoiiifiscr.tioi; : for he was tlu- rirhc^t sulijeci
for value in the kingdi>m ; there hciiH^ r.#inid
in his castle of Holt forty ihnn^-and inrirkN in
ready money, and plate, hcsidt's icwiK, h »;'s-
b'Jd-stuff, ««t>cks upon his ground*', sind o^Iut
pers^'nal ^.*taif, cxcetding grc-.it. Aim! I'^r iii-s
rtvffiiic in I tnd and I'uc, it v\nb three (hois.ind
poiiu.ls a yt jr of old rent, a ureal ni.it Iit in
tl.fi.j; inie-'. J :'.>tly, tlie niituro of tlic lijnc;
f'T jf tlir kin«^ Ind been (»!it rii' fctr of his .jwn
I'-tate, it was n')t unlike he woulil Ikivc sp.iicd
liinjifc. !> = !t the cloud of m) jircat a rthelli.'n,
banging r)\cr his li< arl, uxmU: iiiin work sure.
Wliercl'ore nftcr s ^tuc six weeks dl>t'incc oi
rime, whir h the kinj; did honoiirahly interpose,
loth to s;ivc fpace to hi:^ l-njitur's intcrceb-i;in,
and to shew to the wor!d, tliul he had a conOiit
v^ith himself vvhat he should do; he was ar-
raigned of hi<!:h-t reason, and condemned, and
presently alter beheaded. — Yet is it to this day
but in dark memory, both what the case of
this nohle person was, for which he sudered,
and what likewise was the ground and cause of
his defeciion, and the alienation of his heart
from the king. His case was said to he this :
that in discourse between sir Robert (Jlidbrd
and him, he had said ; that if he were sure,
that that young man were king Edward's son,
he would never bear arms against him. This
case seems somewhat an hard e\ise, both in ro
spect of the conditional, and in respect of the
other words. But for the Ciinditional, it seems
the judges of that time (who were learned
men, and the three chief of them of the privy
council) thoup:ht it was a ilangerous thin«; to
admit ifs and and^^ to qualitie words uf trea-
son ; wherei)y every man lui^ht express his
maHce, and blacch his daniier. And it was
like to the ca«;e (in the following times) of
Elizabeth Barton, the Holy Maid of Kent;
ivho had said, * that if king llenr)^ the Kighth
did not take Katherine his wife again, he should
be deprived of his crown, and die the death of
a dog.* And ii. finite cases may be put of like
nature. Which (it sotnieth) the grave judges
taking into con^^Kieration, wuuld not admit of
treasons upon con'^:lii)n. And as for the posi-
tive words, ' that he would not hear arms
against king Kdivard*s sun ;* though ilic words
seem calm, yet it was a phiin and direit over-
ruling of the king's title, either by the line of
Lane^aster, or by act ttC parli.unent. Which
(no douht) pierced the kin-; more, than if Stan-
Icy had c harried his lannce u^on hiin in the
field. For if Stanley would li'dd ilnit opinion,
that a siu) of kinc; Edwurd hud siill the better
right, he being so (u'ineipal a person or autho-
rity, aiul favour about the king; it \%as to
teach jail En^^land to say as much. And there-
fore (as those times were) that speee-h touched
the quick. liut some writers do put t]ii> out
of doubt; ft)r they sny, that Stanley did ex-
prasly proini<:e to aid Perkin, and sent him
bon.e help of lre:if«ure. — Now for the nn)tive of
his fallini^ 'if from t'le king; it is tiu-.', ihat at
IJosv,. iili rie!d tl-e king was beset, and in a
in;'.nner iiu hjjtd rouiiJ ab;iut by the troops ol
kiiiK ITu-iiard, ani ii maniUst danjjier ot" his
li;e^ wlicn this Sianhy was sei.t oy his brother
with three thousand iiien to his rcacue, \\hich
i.c ptif'^rmed so, that king Riciiard \va.s ^laiii
u! jn the jiace. So as the contliiion of mortal
iiien is not c-.pahle of a ^re:iter lenent, than
I lie kii-'i received by tlur hands of Stanlev ;
being like' the benefii of Chri^jt, ai ouce to £a\c
rindrrown. For which str^ice the king ga\e
him great gifts, nuAc him his counctlloiir and
chamberlain ; and, soinewhnt CiiUtrary to his
n '.Muc, had v%inkeil at the greut epoils of Hos-
worth Fir hi, which came jdn»'.st whollv ta this
man's bnnds, to his intinU.' enriching. ^CL
iKv<Ttl.ikss bloAii up \\i()i tl'.c cor.ccit of his
merit, he did not think lie htul receixedgood
mensure hnui thckinjr, at least not prest down
and running o\cr, :is he cxi ecud. And his
283] STATE TRIALS, 1 Henry VIII. 1500.— Trial qf Entptan and Dudley, [(iSit
ambition was so exorbitant, and unbounded,
as he became suitor to the king for the earldom
of Chester. Which e\-er being a kind of ap-
pendage to the principality of Wales, and using
to go to the king's son ; liis suit did not onljr
end in a dcnisil, but in a distaste ; the king
perceiving thereby, that his desires were in-
temperate, and his cogitations vast, nnd irre-
gular, and that his former benefits were but
cheap, and lightly regarded by him. Where-
ibre the kint; began not to brook him well.
And as a little leaven of new distaste doth
commonly sour the whole lump of former me-
rit, the king's wit began to suggest unto his
passion that Stanley, at Bosworth Field, though
he came time enough to su\ e his life, yet he
stayed long enough to endanger it. But yet
having no matter against him, he continued
him in his places until this his fall. — After him
was made lord chamberlain, Giles lord Dow-
beny, a man of great sufficiency and valour ;
the more, because he wa« j^ntle and moderate*
— ^There was a common opmion, that sir Robert
Clifford (who now was become the state in-
former^ was from the beginning an emissaTy,
and spie of the king's ; and that he fled over
into Flanders with his consent and privity.
But this is not probable ; both because he never
rea>vered that degree of grace, which he
had with the king oefore his going over ; and
chiefly, for that the discovery which he had
m»idc touching the lord chamberlain (which
was his great scr\'ice) ^ew not from any thing
he learned abroad, for that he knew il weS
before he went.
26. The Trial of Sir Thomas Empsox, knt. and Edmund Dudlet,
esc^. for High Treason; at Guildhall, London: 1 Hen. VIIL
A.D. 1509. [Lord Herbert's Hen. VHL in 2 Kenn. Compl.
Hist. p. 2.]
['' The most exact account of the proceedings 1
against these two remarkable persons being I
to be found in lord Herbert, we shall lay it
before the reader ; who, if he chooses to
purbuc the subject further, may consult Po-
lydore Virgil, jlutl, and Iloltingshcad. But
it is proper to premise, what we conceive to
be a great error, which is current in respect
to Empson and Dudley. Our historians in
feneral, not excepting lord Herbert and Mr.
lume, represent Empson and Dudley to
have been doubly attainted, first by judg-
ment on trial before a jury, and secondly by
an act of parliament. But the statute, thus
treated as an act of attainder, was in truth
only an act to relieve certain persons, in
trust for whom Empson and Dudley were
seised of various estates ; and to prevent
their attainders from hurting innocent per-
sons. Nor is there a word in the act, either
to confirm the attainder or to attaint ; as
will appear by consulting the act itself,
which IS extant in IlastalKs edition of the
Statutes. Yet even the elaborate writers of
the * Parliamentary History,' to whom lx>th
lawyers and politicians arc so much indebted
for their useful and important labours, have
adopted the error ; though throughout that
work, recourse is apparently hnd to the
journals and records of parliament, which
stamps it with great authority. How this
happened, we cannot otherwise account for,
than by conjecturine, that they were con-
firmed in ilie error of their predecessors, by
tlie particular manner in which the Journals
of the Lords take notice of the act, whilst it
was in its procrc&s through that house as a
bill. On the first and second reading, which
was the same day, it is stiled * A Bill^ con-
cemiDg Dudley and EmpsoDi nod their At-
taint and Conviction in parliament.* These
words certainly import a parliamentary at^
taiiider, and might well lead any person to
give credit to the prior representation of its
being so, without taking the trouble to ex-
amine the act, which is not in the later edi*
tion of the Statutes. But whether their
thus describing the Bill was an inaccuracy in
the penuer of the Journal, or the Bill was
at first to attaint, it certainly did not pais
in that form. Indeed the subseauent part
of the Journal takes notice, that the bill was
newly fonned, befure it was sent to the
Commons." llargrave.]
Mr IIILE the obsequies and rites [of Hen. 7.]
were preparing, (April 23, the particulars
whereof Hall after his manner relates) king
Henry retired privately from Richmond (where
his father died) to the Tower of London, both
that he might with more leisure advise with
his council concerning the present a£Rsirs of his
kingdom, us also the better to avoid those s»-
lutes and acclamations of the people, which
could not but be unseusonahle, till the lamen*
tations and solemnity of his futlier's funeral
were past. He thought not fit to mingle the
noises. Here then it was in the first place re-
solved to make good his authority, as having
more undoubted right to tlie crown by the
Union of the White-Uose and the Red in his
person, than any king e\'er delivered to us by
warrantable history. For this end he (bund
or took occasions. In one kind Henry Suf-
ford, brother to tlie duke of Buckingham,
served for example, who (uuon I know not what
siupicion) was apprehended presently, nnd com-
mitted to the 1 owcr ; whicti yet seemed after-
wards so frivolous, that, to repair this disfsnice,
be was the same year made earl of WUtshire.
2S5]
STATE TRIALS, 1 IIesry VIII. 1500.— /or High Treasm.
['286
III tlie other kind, doctor KutliHll bccnme the
object, being (togetiier with one of his council)
luude tlie same cuiy bibhop of Duresnie. Thus,
though it sceros lie hasted to take upon hini
ilie real marks of soveruignty, yet he su tem-
pered them, as to leave his subjects in hope of
an c%'en hand. Besides, that he miglit sliew
liimself gracious to his subjects, he nut only
Gonfirmed the pardon his father gave a little
before his death for all offences, except mur-
der, felony, and treason, (to wliich general
■bolitlont do nut properly reacli) but for fur-
ther performance of his father's last will caused
■ proclamation to be made ; that if any man
oould prove himself to be then wrongfully de-
prircd of his goods, by occasion of a certain
commission for forfeitures, he should (upon due
complaint) liave satisfttction ; whereupr>n so
manv Petitions were presently exhibited against
sir llichard Empson and Edmund Dudley, esq.
(employed lately for taking the benefit of penal
ttataieB) that it was thought fit to call them
before the council| where Empson spake to this
** Right Honourable and others here present:
I have remarked two causes in general, that
move attention. One is the greatness, the
other is the strangeness and novelty of argu-
ment. Both tliese concur so manifestly in the
wSun now questioned, that I will not much
iiiipk>re your patience. Though on the other
side, considenng my violent persecution, I can-
not but think it a favour, that I may speak for
myself; bur, alas, to whom? The king, my
mastery to whom I sliould appeal, as to my su-
preme judge and protector, abandons me to
m? enemies, without other cause, than that I
obeyed his father's commands, and upheld tlic
regal authority. The people, on whose equal
Crul I should put my life, seek my destruction,
onlv becaane I endeavour to execute those laws
thereof themselves were autliurs. AVliat
would have happened to ine, if I had disobey-
ed my king, or broke my country's laws ? Sure-
1t, if! have any ways transgressed, it is in pro-
curing, tliat these penal statutes might be ob-
served, which yourselves in open parliament
decreed, and to which you then submitted,
botli your persons, estates, and posterity ; and
if tliis Ijc a crime, why do you not first repeal
j'Hir proper acts ? Or if^ (which is truth) they
Kand sit A in full force and %'ertue, why do you
Bit vindicate from all imputation both your-
wires and me ? For who ever yet saw any* man
condemned for doing jnstice? Etpecially when
Vv tlie chief dispencer thereof (which is the
kag) ilie whole frame of the proceeding hath
been confirmed aud warranted ? Nay, whoever
n» man on these tenns not rewarded ? And
Btt%t that, which it the life and strength of all
other actions, be tlie subversion and overthrow
of mine? IIa%'e you read or heanl in any well-
|wrmcd country, that the infractors of laws
•Mde by publick vote, and consent, escaped
vichout punishment, and they only punished
•ho laboured to sustain them ? Or wlien yon
bd not read or lieard any f»uch thing, could
you imagine a more certain sign of mine in that
common-wealth. And \^ill you alone hope to
decline this heavy jud(<:nientr When, contrary
to all equity and example, you not only make
precedents for injustice and impunity, but to-
gether with defaming would inflict a cruel
death on those who would maintain them ; as
if this mi^ht be a fit guerdon for those who (I
must tell you) every where else would have
been thought the best patriots ; what can we
expect then, but a fatal period to us all ? But
let God turn tliis away, though 1 be the sacri-
fice. Only, if I must die, let me desire that
my inditement may be entered on no record,
nor divulged to foreign nations, lest, if they
hear, in my condemnation, all that may argue
a final dissolution in government, tliey invade
and overcome you."
To this was answered brietly, ^' That he re-
ceived a great deal of liberty to speak ill, as
well as to do : tliat he should find at last, he
was punished for passing the bounds of hif
commission from the late king, and for stretch-
ing a law which in it's self was se\'ere enough
to the common and poorer sort of people^
from whom he exacted most unjustly/'
The chief parts of liis Accusation (that I
can find) were : ''1. Tliat he had committed di-
vers persons to prison, without suffering tliem
to answer till they had compounded for their
fines. 2. For searching unduly mens estates,
and bringing them wrongfully to hold under
that tenure they call in capite ; without that
the parties could be permitted to a traverse,
till they had payed great fines and ransoms.
3. That wardb, being come to full years, were
not allowed to sue out their livery, till they
had paid an excessive composition. 4. That
out-lawed persons could not be allowed to sue
out their charter of pardon, till they had paid
half tlie profit of tneir lands for two years,
upon pretence that it was according to law.
5. That he usurped upon the jurisdiction of
other courts, in hearing, and detennining di-
vers matters properly belonging to them. 6.
That whereas a prisoner being indicted for
theft, in the city of Coventry, to the value of
one pound, was by the jury acquitted; the
said Empson conceiving the evidence to be suf-
ficient, committed the jury to prison, till they
eniered into bond to appear before the king's
council, where the matter being again consi-
dered, it was ordered, they should pay eight
pounds for a fine (which was thought so liein-
ous, us, at a sessions beini; held afterwards at
Coventry, a particular indictment was framed
against him, and he was found guilty)." How
many of these Allegations were verified, or
how far thev might be warranted by the last
king*s commission, appears not to me. How-
soever, for the present, they were (April 23)
coinniittod to the Tower.
This Empson, reported to be a sieve-maker's
son in Torcestcr, from this mean bc-ciiinin;;, hy
liib K^xx. and industrv, came to be of council to
king Henry 7, and master or surveyor of his
forfeits in divers kinds, in which place he served
237]
STATE TliJAI;.;, 1.; Henry VIII. \y2'l,-^Trial of the
[2SS
as an instrument for rni*>inf; jrre:it sums to the
kiiii; ; Du'ilcy fa gentleman of' hirth anrl s>iicli
parrs a* lie was clifnen Speaker of the pariia-
nieiit-hoiiMf, 10 lienry 7), :iv*)i^tin^ him. Tiiesc
men (cull Cfi by Poly 'lore V'irsil Judicis FUcuUs)
haviiii; it seems exceeded their huunds, were
dele >ted of all, hut cspceiully the poiirer sort,
who formd it easier to hate than to pay. Tu
katisfy thr ir coni|}laint^ therefore, it was thought
fit to permit them to the onlinary vtays of jus-
tice: the promoters thev used being so severely
punisherl in the mean rimei l)etviixt the pillory
und shame, tiiat they diinl all (a few days after)
in prison, save one Giovanni fiaptista Griuialdi,
who, foreseeing the storm, took sanctuary in
Westminster.
Kmpson and Dudley being (as is abovesaid)
committed to the Tower, new and strange
crimes were found and objected against them,
as appears in their Indictments upon record,
wiierein they are accused of conspiracy against
the king und state; and first, that during the
sickness of the late king in March last, they
iuimnoncd certain of their friends lo be in
arms at an hour's warniii^ ; and upon the
death of the said king, to iuisten to London.
Out of which, and other circumstances, it was
collected by the jurv, that their intent wa» to
seize on the person of the new king, and so to
assume the sole government: or when they
could not attain this, to destroy him. — Of which
crimes, how improbable soever, Dudley in his
Tryal at Guildhall in London, July 16, 1509,
and Empson at Nortliamptoo, October 1, were
found guilty by their Juries, and bi>th con-
dciimed of Treason, and so remanded to the
lower.
Empson and Dudley lying now in prison,
condemned and attainted by parliament^ the
importunate clamours of the peo])lc prevailing
with the king in this year's progress, he not
only restored divers mulcts, but for furtlier
satisfaction to the commonalty (by a special
writ) commanded to luive their iicads struck
off, August 18, doing therein (as thought by
many) more like a good king, than a good
master. — ^Thc attaint ai^iinst Dudley was '
versed in parliament, 5th Hen. 8. 1533.
27- Trial of Edward duke of Buckingham, for High Treason; in
Steward of England : 1 3tli May,
[Lord Herbert's Hen. \^III. m
Stowe's Chronicle, 510.]
the Court of the Lord High
13 Hen. VHL a. d. 1522.
2 Kenn. Compl. Hist. p. 40,
p' Some acc(mnt of this Trial is to be met with
in various writers, exclusive of the notice
taken of it by our more modern historians.
It is slightly mentioned by Polydore V'irgil,
whose history first came out within eleven
or IWL-lve years after the event ; and from
bim it appears, that the prosccutinn orip-
natcd fruu) the malice of one Ciuirles Kiic-
vet, who, ha\*ing been reuio\uii from the
stc\vard^hip of ^Mune of the duke's c,'<tutos,
for oppre^bint; the tenants, in revenue turned
informer agains^is turnier master, and be-
trayed him to his threat and |>owerrul enemy
cardinal NVolsey. Polyd. \'irg. ed. Basil,
Ct)0, G65. Hall, who w us also a cotcmporary
historian, gives many particulars, relaiiie as
well to the manner uf arrestni};; the duke and
bis execution, as t:) the Trial itself. Hall's
Hen. 8. ful. ft5. (irafton merely copies from
Hall : but Hollin«:>hcad and Stow state in
addition the scleral facts charged as Treason
in the indictment of the duke from the re-
cord of it. Gralion 10 VL 3. Hollin^sh.
yd. edit. Utio. Slow'}. C'hron. MowtiV t<lit.
512. Lord Herbert, in his Hi-jiory uf Henry
the iUli, as«ib ed by uiateiial:« fi-om the pre-
ceilini^ aulhurs, wri;es the narration of the
duke'b Trial, which we niiw otTer to the
readrr. 'I'here is an account of this 'J'rial
amon;:st the Harlcian .Manuscript r» ; hut il
is merely a compilcmeut from Hall and Stu-.v."
liargravc.]
About this time Edward Stafford duke of
Buckingham, emiuent for liis high bluud, and
large revenue, drew on himself a dangcrouf
suspicion; which though it was again fomented
by the cardinal, who disiiflfircted him for some
speeches he had cast forth, yet could not luiye
overthrown him, but that some indiscretion of
his own concurred. Besides, he sutTercd raucii
through ilie ill offices of Charles Knevct, fbc^
merly mentioned ; who yet durst not appear »
till he saw the duke not only discounteiiaucec^
but weakened in his friends and allies. An^lL
of the.^e I find two principally ; one, Henr^
Percy earl of Northumberland, wliose daugF
ter the duke had married ; the other, Thom;
carl of Surrey, who had marrierl the dukfl
daugriter. Against Northumberland, caiAJ
was taken for claiming certain w ards ; whi(
after close commitment, yet, he was forced
relinquish. Ajiniubt Surrey the cardinal pT
cecded othervMse : for, though he hated bi
for drawinii his dag;j;er at him on some ooc
sion : vet as the cail wab more warv thatt
give new ollence, he thought fit t » Mcud r»
away up-jn sume lionouruhle euipi-.iyuient|
which he luuiui this oACiture.
G«TaM Fitz-dcraiil, earl of Kild:u'e, m
deputy in Ircl-i;id to Henry duke of Y(
(now king, who at four years old was by J
father made l.tutenaut of that country) ha^
dune divers i;ood services against the
was made knight of the t:aiter, and enjoyed C
place till his death in 1513 ; when his stm GeV
being substitute therein, so behaved hii:
as he likewise gnt much credit : liumgh,
had thu house uf Ormond his cuciny, aad
5Sa] STATE TRL\LS, l^ IlF.xnY VIII. ^522 DuJcc of Bnckw^ham,for lixason, [2f)0
tlcuUrW sir Pierce Duller carl of Ossory, secret ilmt, if »iif;}it Iiut good come to the kin«r, the
iUutficts were douc liiiii. Nur did it uvoil, < duke of iJiickin^ltain should Ije next in lilood
that \tt hud given his »Lster in marriage to the | to the erovrn, the king having as yet no i*&ue.
uid Butler, and helped him to rtK:o\cr the Thar, to eonif.ly hcieiviiii, he did many things
earlduniofOnnond, detained uiimgt'ulW, since v.hich nr^ucd amhition, and dcbiie to muke
the deuth uf James, by a bastard of Ihur fa- , l.>inis«-lf ])upidar. 'J'liut he ^aid to one Gilbert,
ifiiW: tur it was impossible to oblitrc him ; es- \ his chanceilur, that whatsoever was dtine by
}.fcially, wliere he found so advantapeous un ■ the king's father, was done by urong; nuirmur-
occttion to dissent. Tor us he uateJied over j in;:; wiihal ngMin^^t the present government. 4.
the enri of Desmond, his perpetual adversary. , And to the said C'iiurlLs Kiie\ct, thut if he had
fincetlie division of Lancaster anH York, (in I'Ceii comtniited to the Tower, (vi hereof lie was
wliicli his uncestors were on the »>ide uf I.an- I in danger, upon occasion of one sirW. Buhner)
carter, and the Kildares and DeMnruiHs on . he would have so wrought, that the prnicipnl
that of York), he discovered more favours d^ne ' dners thereof should i.ot have cnuse i>f great
r.4: present eurl of Desmond, (whom he culled rejoycing; for he would have plaid the part
atni}tur) than he thought due to him ; in>o- | winiji his father intended to imvc put in pnic-
Bich thut he complained to the cardinal, w ho tice against king \U\.IS at Sidisbury, who made
ibereiipin sent for Kildare. Though Polxdoie €>arnost suit to comt> into the presence of the
niib, he come voluntarily, into Knghmd to
narui w ith ifome £ngli&h lady, and there be-
biTid himself so unrespectfully to the cardinal,
liat lie was cast into prison. But whatsoever
tike cause was, his charge was bestowed on the
oriof Surrey, who going to Ireland in April
]J20, reduced the carl of Desmond and otliers
to obedience.
The duke of Buckingham iK'ing thus exposed
and unfriended, the airdinol treats secretly with
Kaerer, concerning him ; who thereupon di5-
coTcre Ids late master's life; confessing, that
the duke, by way of discourse, was accustomed
tonjyhow he meant so to use the matter,
tbii, tfking Henry died without issue, he wouhl
aunn tiie crown, and that he \^ould punish the
cardinnL Besides, that ho hnd spoken hereof
uto George Neviil lord Abergavenny, who
■amed the said duke's danghter. By \\I:ii
moM vet the duke intended particularly to
tSect itme designs, I do not fmil exact iy set
■Ifwn bf Charles Knevet. Neitlicr dtj the au-
tkaojiho write hereof, relate his pLtli^rcii;
onlyov hendds say, he was descended fnun
Aone Plantagenet, daughter of Thomas of
Woodstock, SOD to king Kdward 3, How far
this yet might entitle him to the crown, in case
kiiig Henry should have no issue. I have neither
leiflire nor disposition to examine. I shall
ootj ibeneTore, for satisfaction of the render,
tenet some principal points out of his Indict-
■cat; leaving the reader, for the rest, imto
the Much of tlic record : In which, the points
dacin my opinion made most against the duke^
1. "That At se^-ern! times (1519, April 21,
nd July 89; and 1513, April 26; and 1517,
JalT 90,^ he had sent to one Hopkins, a monk
iatliepnory of Henton,to be informed b\ him,
OMiceming the matters lie imagined ; and that
the mook should return answer, the rluke
Aovid ha^x all; and therefore should l-.dionr to
lirQcnre tlie love of ilie people. S. That the
dake afterwards slvndd go in person to tlie said
Hapkins, who confinned the said prediction,
imi|[, that he knew it hv revelation. Whine-
opon the said duke should give him si><-cral re-
vaida. 3. That he should spcuk to Hul|ih
Kcvill cari ol Westmorland (his sori-iu-hiw),
VOL. I.
said king, which suit, if he might have obtained,
lie ha>ii]g u knife secretly about him, would
have thrust it into the body of king Uichai*d,
as he had made semblance to knceldown be-
f'>re him And that, in speaking these words,
he maliciously laid hands on his dagger, swear-
ing, that, if he were so eiil u>cd, he would do
his best to accomplish his intended purpose.
5. That being in spetTh \>itlisir Cieorge Neviil,
knight, lord Abep^aveimy, he said, that if tlio
king (!ied, he would have the rule of tlie realm,
in spij:ht of whosoever said the conlmry;
swe:iriug, that if tlu' lord AbergaAcnny revcultil
thi*i, he would fight with him.*'
This I conceive to be the substance of the
most special Articles in the e\idencc: which
the courteous reader yet may do well to eon-
-ider more at lar^e, ns tliey arc extant on Re-
cord. How far yet these particulars were prov-
ed, and in what 5ort, my authors deliver not.
Only 1 find (nut of our Uceord'*) that tht- duke
of Buckinghatn being committed to the Tower,
April ICth, did, under his own hnnd, declare to
sir Thomas Lovell, c«)nstable of the Tower, the
passages betwixt him and Hopkins, in this man-
ner ; that is to say, * That the summer before
our king made war in France (15 lii), Hopkins
sent for him ; but, not being able to go, lie
commanded one Delacour, his ehapluin, to re-
pair thither ; ho\%l)eit, that Hopkins said nought
to him ; yet that himself came the next Ixfiit ;
where, in shrifr, the said monk told him, that
our king shouhl v. in <:reut honour in his journey
to France; and that if the king of Scots came
to England then, he vhould neter go IxMne
iigain. And that, w hen he asked Hopkins how
he knew this, he said, ex Deohabco; It is re-
ve:ded to mc of (iod. And that Hopkins dr-
mnnding afl«'rwai-d what cliildren tlie kin|; had
had. he told the innnber ; and tint HL>pk:r.»
should say thcTiupon, I prav OoJ isis i--'.c
continue ;' for that he feared God wa* r ,: j -.-
tcnte.l, luTiiiis« he made no rtf:. *.* ": -.. -
conlin-j to \\\^ fnlher^s **ill, cLirr"r.r ". : . :
furih.er to ad\i*>e the kinr':^ c-.tT. . - .
resniuilnn. Further, That tr : .i -
c«*llor tbo-e wni-d*. and zz i i . •
France, came to lloclr-* iri -. *
had told hiui tmc : ai*:"- "^r: - . .:
I.
20 »]
STATE TRIAIiJ, 13 Henry VIII. \ 522.~Tnal of the
[20'J
came to Hopkins, to^ether witli his son Stnflbrd, i tiie latter, perhaps his account of the Trial miy
aiiit the i'iirl ofWesiiuoiliind ; and that Hop- be ncceptahle to hoiiic renders. The fullowiiig
kiii» a^lwcd who lie was ? and thereupon shouUI
bay, that some of his hlood or name should
urovc ^ri-at men. And that, after this, IIo()-
kiiis siiould send to the duke, to pmy iiim, ac-
cordint; to his promise, to help their house (be-
ing at lienton in Somersetshire) to make their
condnir; ihc ten pounds, formerly given by
him, being spenr.' And more than this he
confessed not. Xotwithst^inding which, when
the Indictment was openly read, the duke
fluid, it was ' false, untrue, conspired, and tor-
god* , to brin^; him to his death ; allcdging (as
he was an elorjucnt person) many reasons to
faLsifv the indictment. The khip:*s attorney, on
the other side, producinri; the examinations,
conlV'ssions, and proofs of witnesses; the duke
hereupon desired the witnesses, which were
KiU'«et, (lilbert, Delacour, and ilopkins, to be
hroi:p,hi forth. 1 hese confn'ming their dcpo-
•sitions, the duke was tried by his peers, (being
n duke, a marquis, seven earls, and twelve
baroii>«; before the duke of Norfolk, who was
for the time made lord hi«Ji stcwanl of Eng-
land. 'J'hey condemning him, the dnke of
Norfolk dciiiered iiis sentence, not \%iihout
tcar-^. To which he replyed ; ' My lord of
Norfolk, you have said as a tr.nytor should be
saiil nnt«>, Imt I was ncv(;r one. Jhit, my lords,
I nothing malign for what you h;i\c done to
mo ; but the eitrnal Ood for|;ivc you my dc:»?h,
and I do. i shall never sue to the kini; for
life : howbcit, he is a gracious prince, and niore
p'Qce may come from him, tluui I desire. Awl
80 ] desire you, my lords, and all my fellows, I bidden the kings presence.
extract from Stowe*s Chrunicle is therefore
added.]
Extract from St(ncc*t Chronicle, Houcis
edition, p. olO. to 513.
In this meane time Edward duke of Bucking-
ham was accused of liigh Treason, wherefore
the king directed his letters to the said duke,
being at his niannor of Thornebury in Gloces-
tersliire, that incontiuently he should come to
his presence, which commandenient the duke
obeyed, and came to Loudon, wliere bee was
straight wuyes arrested by sir Henry Mamey
cflptaineof thegard, and conveyed to the Tower
of London on the Itith of A prill : before which
time sir Gilbert Parke the dukes chunccllor was
taken, which had confessed matter of high
rreas<m, concerning the kings person. There
was also attached one Nicholas tlopkins n monk
of the order of Curthusimis, being of llcutoa
priory in Somersetshire, and John de Ja Court
the dukes confessor, and others. These were
prisoners in tite Tower.
Alier the n])prehension of the duke, inquisi*
tions were taken in divers sliires of him, so that
by the knights and gentlemen he was indicted
of Ilisrh Treason for cerCaine words spoken by
the said duke at Blechingly in Surrey, to Geoi^ie
Nevill lord Burgaveny, and therewith wm tbe
same lord attaclicd toi conceulement, and so
likewise was the lord Montague, and both con-
veied to the Tower: and sir Edward Nei-ill
brother to the said lord of Burgaveny was for>
to pray for me.' Wiiereupcm ho was brought
back to the Tower; where all the favour he re-
ceived was a me^ssnpe tVom the king, declaring
his Sentence was mitit:atcd so fur, that, instead
of receiving the death of a Tra^'tor, he should
linve only his head cut otf. Thus ended the
duke of Buckingham (^lay 17), nmcli lamentetl
by the people, (who libelled the airdinal for it,
calling him Ciirnificinfilium, Son of a Butcher,)
as being thous;ht rather criminal throuiih f(»lly
and rash words, than any intention declared by
overt-act against the king's person ; and there-
fore not uncapable of his mercy ; which idso it
w:is thought would not have been denyed, had
he sued tor it in litting terms. But since at his
arraii^nmcnt, he did, as it were, disclaim his
life, he w<>uld not obtrude it; and therefore
only caused a Idler of comfort to be written to
the'dutchess, and lord Stalford. Vet the tra-
i;edy eiidrd not so ; tor thou«:h (/eor^e lord
.\brn;:ivrnnv,htlera t'l'w months imprisonment,
_. . .1 i"! .1... 1.:....*^ «!... - j.i; 1. .... .
Moreover, in the Guildhall of London, be*
fore sir John Brugc knight, then maior of the
same city, by an inquest, tlie said duke was in-
dicted ot divers points of high treason, as by the
same inditement (which I have scene and read)
it appeureth, inferring, that tho said duke in-
tendmg to exalt himselfe, and to usurpe the
crowne, the roynll power, and dignity of the
reahne of England, and to deprive the king
thereof, that hce the sayde duke might take
upon him the same against his allegeancc, had
the tenth day of March, in the second yeere of
the kings raigne and at divers times beAire, and
after, imagined and compasbinl the kings death
and destruction ui I^ondon, and at Thornebury
in the county of Glor(>ster : and for tlie accom-
plishment of the wicked intent and purpose, the
524th of Aprill, in the fourth yeere of the kings
ravine, \\v «ent one of his chaplain es culled Ju£i
de hi Oourt, unto the priory of Henton in So-
mersetshire, which was an house of Carthusian
wa«i. through the king's fav<mr, dciivoi-cil; yi-t | moiike>(, there to understand of one Nicholas
Hopkins, ufu^ra si rious repentance that he had ! Ilopki^is, a monke of the snme house (wliu was
let II an author of so much mischief, dyed of: vaincly reputeil by way of revelation to have
f^wri. And here I nmst observe, tiint totirther foreknowledge^ of things to come) what should
with this duke, that greut place of lugh-con- happen concerning this matter, which he had
^t.)^^■ of I'.ngland remains exiinguisheil, unless imagined : which monke, causing tlie said de
vuie e\tc»ordinary occasion revive it. lu Court first to sweare unto him, not to disclose
t |.onl lli-rlHTt*sslatement of the elfect of the , his word^ to any manner of person, but onely
IniiietnuMit, not being nearly so tuli as btowe's, to the duke his master, thercNrith declared that
and there behig uImi some further particulars in [ his muster tlie said duke should have «il^ wiUiu
2D3] STATE TRIALS, 13 Henry VIII. 1522 DukeqfBuckiiti;ham,forTjrason. [294^
him for the ftccumDlishment of his Duniose ro seventh veereof the kinur^ riiiime. atiH at dirf*rft
for the accumplishment of his puq)ot>e ro
Hcke to niiine the favour of the people. De
b Court came backe with this an»H'cro, and
lold it to Uie duke at Th(jrnel»urv ilic morrow
ai'ter, bein|; the 26th of A prill. And on tlie 22
of July the same fourth veere, the fluke st^it
eke Mine de lu Court wiih leiterti unco the saide
aooke, to under«tand of him further of such
Batten, aud iIh* monkc told to him againc for
■astrcfe, ihut the duke should iuwe uU : and
heeue asked as well now as brfore at the fmt
tiaegiimv he knew this to bee tnie, he saidc by
tkr grace of God, and' with this nnswere de la
Cooft now also returning, declaretl the same
VBto the duke, on the 24. of July at Thoniebury
aforesaid. Moreover, the siude duke sent the
wne de ia Court againe unto the said oionko
with hit letters the 26. of April), in the 5. yeere
of tde kings raigne, when the king wiis to take
hb journey iuto France, requiring to understand
what should become of these warres, nnd wlie-
ikcr the Scottish king should ia the kings ub-
iB&oe invade this reaune or not. The monke
aowng other things, for answere of these letters,
KBt the duke word that the king should have
no issue male. Again e, the sold duke the 20
4a^ of Feb. in the 6. yecrc of the kings raigne,
beug at Thomebury, spake these words uuto
Balph eerie of Wcstmerland : Well, there are
tvo duk€.*s created in England, but if ought but
|Dod come to the king, the duke of Buckingham
Aoold be neit in blood to succeede to the
aowne. After this the said duke on the 16.
day of Aprill, in the said sixt ycere of the kings
B^ne, went in person unto the priory of lien-
(on, and there nud conference witli the foresaid
aoiike Nicliohft Hopkins, who told him, that
htt slM>uld bee kinK ; whercunto the duke said,
that if it cluinced, hoe woiUd bhew himselfe a
JMand right wise prince. The' nionke also
toM the duke that he knew this by revolution,
and willed him in any wise to procure the love
of ibe commons, the better touttayne his purpo-
Kd intention. The duke (lie same time gave,
lad promised to gi\e yeerely unto the saide
priory 6. pound, ihcrewiiji to Luy a lunnc of
wioc : aud further promised to give unto the
■id priory in reiidy money twenty pounds,
wkereof ten pounds he gave iu lumd, towards the
ooBvcjing the water unto die house by conduit.
Aid to the saidc mouke Nicholas Hopkins, he
gate at that present in reward three pound,
and at one other tiuie forty shillings, and at
nother time a luarke, and at another time sixe
ihiUiag« and eight-pence. Afler this, on the 20
dav of March, in the tenth yeere of the kings
ra^e, he cauie to the same priory, and eft-
KMieh had coufcrence with thesaide monkc, to
bee more fully informed by him in tlic matters
liiove specified, at what time the monke also
told kim ihai he should be kijig, and the duke
'•Btaike toldc the monke, that he hud done very
veil to bindc his ciiaplaiiie John dc la Court,
vnder liie seale of confession, to ki^|>c secret
locn matters, i'»r if the king should come to
bqw ledge thereof, it would be hi<i des miction.
Licwiac tlic tweutictb day of Octoberi in the
seventh yeere of the kings raigne, and at divers
other times, as well l)ef(>re as after, the said
duke had sent his cliancellor Koi>ert Gilbert,
chaplaiiie, unto London, I here to buy certuinc
clothes of goUie, silver, nnd velvets, evcr^* time
bO much as amounted to the value oi three
hundred pound, to the intent, that the saiile
duke might bestow the same, as well upon
knights, esquires, nnd gentlemen of the king's
house, and yeomen of his gard, us upon otlic-r
the king's suhiccts, to winnc their favours nnd
friendships to assist him in his cvill p'.ir|>o>e:
which dot lies the saidc Gilbert did buy, and
brought the same to the said duke, whik ^n
the 20th day of January in the saide seventh
yeere, and divers other dayes and yeere* be-
fore and after, did distribute, and give the biinie
to oertaine of the kings subjects, for the pur-
po<>e before recited. Furthermore, the saide
duke the tenth of July, in the tenth yeere of
the king's raignc, and divers other dayes and
times, as well before as after, did constitute
more severall nnd pariicular offices in his cas-
tles, honors, lonlships, and lands, than hce tvns
accustomed to ha\e, to the end they might bee
absisitant to hhu under colour of offices, to bring
his evill purpose to passe. Moreover, the same
duke sent to the king the tenth daye of May,
in tiic nnith yeere of his ruigne, for licence to
retaine any of the kinti^s subjects, wlK>m it
should please him, dwelling within the shiix's
of Hereford, Gloucester, and Somersetshire:
nnd also, that he might nc his pleasure convey
divers annuurs, and habilcmcnts for warre into
Wales, to the intent to use the same against
the king, for the accomplishment of his naugi}ty
purpose, which wiis to destniy the king, and to
usurpe the roial govcniuient and power lu hini-
selle: which suite for licence to have relnyners,
and to convey such armours and hahilementa
of war, the said Gilbert the 20th of May, in
the sayde ninth yeere, and divers other dayes
before and after at London, and East Greene-
wich did follow, labourin:; earnestly, both to
the king and counscll, for obtaining of the same.
And the 20th of July, in the said ninth yeere,
the saide duke sent the said Gilbert unto llcu-
ton aforesaide, to understand of the aforesaid
monke Nicholas Hopkins what l>eo heard of
him : aud the monkc sent him word, that bc^
fore Christmas iiext there should be n change,
and that the duke should Imvc the rule and gi>-
vernment of all England. And moreover, the
20lh of February, in the 11th yeere of the
kings rnigne, at Ulechingly in Surn*y, the sayde
duke sayde unto the saide Kobcrl Gilbert hia
cluuicellor, that he did cxpc^-l and tarry lor a
time more convenient to utchieve his purpose,
and that it might easily bfcdono, if thenoblcft
of the reahne would declare ilH.'ir mindos toge-
ther ; but sonu* of them mistrubted and feared
to sltew their niindes. Hee s:iyde furtlier the
same time unto the ^uide llolKrri Gilbert, that
whaiS4)ever was done by the kines father, was
done by wrong ; and hiill the duke murmun'd
against all that the king then presently rai^ning
did. And further be said^ that be knew him-
IV 3]
STATJ: TRIALS, 13 IlE\ny VIII. \y22,-^Tiiidofthc
[21»G
s'.'lio to bo SO wicked a dinner, tlint lico wanted anti ii)> blood tboidd prosper unci bavr rhe rule
(•o{i.> n!\our, and ihen tore he knew, that wbar-
•iDcicr lie t<)okp ill hand n^.iinst the kiii<; had
the \voi>c -"Kceifc:.*. Ami t'lirthermure, the
saidc duke (to alienate the king*s frubjteia
inindes t'roin duiiluU obedience, towards him
and his iicire'^, the *JOih of .September, in the
1st Y'.'cre of his rait;ne^ bceing llien at l<ondoU|
reported to Robert (.rdhcrt, tlint iie had a cer-
taine writing, sealed with the kin^s ^TCwt scale,
comprehending a certaine act of iiarliamcnt,
in the which it was enncte<{, that the duke of
Somerset, one of the kiiij^s progcnilo;", was
of the reuhne of Knghmd. I'heii said (Jhurles
Kne\er, the inonkc may lie di>rcivcd through
illusion of the devil, and thut it was evill lo
meddle with 6uch luutteis. Well, said the
duke, it cannot hurt me, ami bo the duke
seemed to rejoycc in the mimkcs words. And
further, tlie same time the duke told the &:iid
Charhs, that if the king had niiscarryed now
in his ia>t sicknes, hec would have chopped ofT
the lieads of the rardinall, of sir 'Ihomas Ijoveil
knight, and of others; and also said, cluit he
had rather die for it, than to liee so used as he
made lejiiimatc. And further, that the said | had becne. Moreover, lite 10th of September
duke meant to have delivered the same writint: ' in the said 11th ycere of tiiis kings rnignc, at
unto kiii;; Henry tliO 7t!i, but (said he) 1 would liieohingly in tlte county of Surrey, widking in
not that I had so d^nc for ten Lhr<usnnd pounds, the gallery there witli Geonie Nevill knight,
And fuithermore the sime duke ihc Ith of ; h>rd of Burgaver.y, the duke murmuring agamst
November, in the 11th yecre of the kin«;<; l the kind's cmnsellors, anil their government,
rnyi'ne, at East Grcenewich in the county of said unto the said George that if the king died,
Kent, ^aid unto one Charles Knevot, c-squire, ! hi: would have the rule of the realme m spite
after the kinv; ha'l reproovid the duke for re- of whosoever said the contrary, and withail
tayiiing Wiliium Buhner knight unto his ser- ^ aaid, that if the said lord of ihirgavenuy would
vice, that if he had prrccivc-d that he should | say, that the duhc had spoken sncii words, hee
have bin conunitted t<» the Tower, as he doubt- ■ would lli^ht with him, and lay his swnrd upcm
c(l he should have hetue, he would have ^o , his pate, and this he bound with many great
\vroii>;ht, that the piincipall doers therein oaths. — ^These were the points and articles
should not liavc Lad c:uihc of great rejoycini;, comprised in the iiulictment, ond laid to his
for lie would have played the part, which his
falh«'r intended to Xvwe put in practice against
kini; llichnrd the 3rd at Salisbury, wiio made
earnest suit to h<ive come to the {ycscnce of the
same king Richard, which suite if hee might
have obtwiined, he liavinga knit'e secretly about
him, would have thrust it into the body of king
Kicliard, as he liail semblance to kncefe downe
Lefore him : and in speak in«; these words, he
charge, whereof he was by the inquest found
guilty.
On the 13th of May, the said duke\vas broushc
from the Ttjwcr by water unto Westminster-
hall, before the dukeof Nortfolkc high tleward
of England, to accomplish the liigh appcale of
the peerc or pcercs of the realme, and to dis-
cernc and judge the cause of the peered.
There were also appointed to sit as peercs and
xnaliciourily hiid itis haml upon his dagger, and judges upon the duke of Buckingham, the duke
said, that if he weie so evill jsed, he would . of SulVolkc, the marques Dorset, the earles of
doe his Ijcst to a^colnpii^h his pretended pur- : Worcester, Devonshire, E'isex, Shrewsbury,
pose, swearing to confimie hi*^ word, by the ' Kent, Ox (l»rd, and Darby, the lords of S. Johns,
blood of our Eord. And liO'>ide all this, the dc la Ware, i'iiz Waren, Willoughby, Brooke,
Mtne duke the 10th of Mav, in the I'jth \cerc ! Cobham, Herbert, and Morley. There was
of the kinj;s rai^nc at London, in a phice called made within the hall at Westminster a scaAold
the Hose, within the |inri>ii of St. l^urcncc for thcac lortls, and a presence for the judge
PouUncy, in Canwikc-stitet ward, demanded railed, and counter-railed about, and barred
of the said Charles Kne%ti, es(|. what was the • with degrees. When the lords had taken their
talke amongst lh.c Londjncr<:, c.:ncfrning the* place, the duke was brought to the barre, and
king« journey beyond the seas: and the said . upon hit arraigncmcnt pleaded not guilty, and
Charles told him, that many stoodc in doubt ; put himselte upon his pecres. Then u'ns tho
of the journey, lest the Frenchmen meant >ome mdictcinent read, which the duke denyed to
deceit toworiis the king: whcreunto the duke bee true, and (as he w:is an eloquent man) ul-
answcred, it was to be feared lest it would i leaged reasons to falsitie tiie indirtcnicnt, very
conie to pubso, :u:cording to the words of an I pitliily. The kings attorney against the dukes
Wy monke: for there is (suitii he) a certaine : reasons, nlleagcd the examinations, confessions
charter-house moukc, that divers times hath and proofcs of witnesses. The duke desired
*^'a to luer, willing mee to send unto him my the witnev-tes misjht he brought forth: and
r^izaceUor, and I did send unto him J. de la then came before him Charles Knevet, sir Oil-
Towt nry diaplain, unto whom hee would nol; bert Perke his chancellor, John de la Court
fi^rx'z u'.v thing, till de la Court had s\\orne j his cenfesjor, and Nichnhis Hopkins the nionke
«KAL'.-«*(i keepc all things lecrec, and lo tel ; ofllenton, thai had fcfl his humour with vainc
u-i.. Tcsure luia^wbat he should hcnro of speeches: tlivers presumptions and nrcusations
via..*-9^^z«cteuiiiie; and the said monke | wei-e laid to him by Cha^le^ Km vet, which hcc
^*^^K ftCuBi^thal neither the king nor his would have covered. But the depo.sitions be-
,aBd ifaail should endea-
dM nod will of the
l^tbBStneduke)
ing read, and the depfioents delivered pri-
soners to the ntlieors of the 'I'ower, finally he
was fouud guilty by his pceres, and haiine
297] STATE TRIALS, 13 Hekry VIII. 1522.— Duke qf Buckingham, for Trrason, [208
judgement to suffer as in case of treason is
used, was led againe to his bnrge, and so con-
Tejed by water, lo the Temple staires, where
he was set ■ land, and from thence by land
through London to tlic Tower witb the axe
afore liim, sir William Sands having him by
the ru*ht arme, and sir Nicliulas V^aux by the
left anne. And on the 17th of May, bein*; the
Fryday before Whitsunday, he was delivored
to rlie shcriffes of London, who led him ti> the
icaflbld on the Towei^hill, nbont 11 of the
clockc, and there he was beheaded, in the
presence of sir Thomas Ijovei and all the ]>eo-
ple : his body with the hetid wns borne by tite
fryers Augnstines to tlieir church, and there
buried in the chappell church for the close.
And now foiloweth the publication nt the dis-
grading of the saide Edward late duke of
Buckingham, knight and companion of the
most noble order of St. Geortfe, named the
Gartar, which was read and published by Gar-
tar king at amies, at the feast of Saint George,
in the quire of Windsore-Coliedge, standing on
the high pase at the dexe, all the other ofliccrs
of armes about him, there being also present
the lord marcjucs Dorset knight of the same
order, then bemg tlie kings deputy for the feast,
ihe earle of Essex, the earle of' Wilshire, the
carle of Kent, sir Thomas Lovel, and the lord
la W^arc, knights of the said order, with great
audience assemble<l there on the eight of June,
the thirreenc veere of licnry the eight, the
ycere of Christ," 13'21.
« Bee it knowne unto all men, that whereas
Edward late duke of Buckingham, knight and
companion of the noble order of Saint George,
DAmed the Oartur, hath lately done and com-
nitted high treason against the king our sove-
raizne lord, and sovcmi<;ne of the saidc order
of the (rartar, in conipatisinf; and imagining the
destruction of the m«t8t noble person of our
laid Mivi>rais:ne lord the kinv contrary to his
c-ith and due allegiance, and for the which
Lich treason the said Edward hath bin indicted,
arrai!;ncd, convici«*d, and attainted, for the
irhicli detestable otlcnce and high treason, the
sniiie Edward huth dcbervcd to bee disgnided
of ttic suid noble order, and expellcil out of the
saide company, and not worthy that his nrmes,
en!>ignes, and hnchments should rcmnine among
nther noble cnsigiies of the other noble, ver-
tuou*>, and approoved kni<;hts of t!ic said noble
order, nor have the benefit of t lie said noble
order : wherefore our said sovcrai-;nc lord tiie
kin^, soveniignc of the said noble order of
Siiint (ieorge, named the Gartar, by the advice
of the other knights of the snitl noble order,
f'jr hiii saide olfences, and conmiitting of the
Mid high treason, willetb and cominandeth
thHt the said Edward duke of Buckingham be
diszradcti of tlie said noble order, and his
anm's, en«igni!S, and liachments cleerely cx-
p<-!lird, and put from among the nrmes, en-
«igncs, and hachments of the other nobii>
knights of the saide order, to the intent, that all
ncher noble men thereby may take ensample
Urrvafter. not to commit te anv such ha v nous
and detestable trea!»on and offences, as God
forbid they should. God save the King.''
It is to be remembred, that Somerset llerault
was in the roode lofi behind the hachments
of the saide duke Edward : and when Cvartar
spake these words, * expelled and put from the
annes,' then the saide Somerset Tiolcntly cast
downe into the quire, his creast, his banner, and
sword. And when the publication w:is ail
done, tlie officers of armes spurned the saidc
hachment with their feetc out of the quire into
the body of the church, first the sword, and
then the banner, and then was the crease
spurned out of the said quire through the
church out at the west doore, and so to the
bridge, where it wnb spurned over into the
ditch. And thus was the said Edward late
duke of Buckingham fully disgraded of the
order of Saint George, named the Gartar.
[" It is well known that, bv tlie Attainder of tlie
duke of Buckingham, tlie subject of the pre-
ceding Trial, the great office of high constable,
which was hereditary in his family, reverted
to the crown, and has ever since rested dor-
mant, except when granted for particular
occasions, such as a coronation, and the
holding of a court of the high constable.
See 3 Hollingsh. 365. Co. Lit. 165, a. Keilw.
170. 6. Dy. 285. 6. b. and the 3nd volume
of Ileanie's Antiquarian discourses. The
execution of the duke of Buckingham was
soon after followed with a parliamentary at-
tainder of him ; the reason of which is not
very obvious ; unless indeed this sanction
was added, that the two houses might havo
their share of the odium of his death witfi
the king, his then minister cardinal Wolsev,
and the particular peers, by whom the dulic
wns condemned. Ro. Pari, in 1 Joum. Dorn,
Proc. cv. and the private acts of 11 11. VIII.
3 Pari. Hist. 37. 1 Dugdale's Baron. 170.
However, some merry was shewn to the
duke*s family. The same parliament made
a provision for his duchess lor her life ; and
also confirmed a grant from the king to
Ilenrv, the duke*s eldest son, and his issue
by his wife Ursula, of some of the forfeited
estates. Ho. Pari. 1 Journ. Dom. Proc.
cxxxii, cxsxiv. Sir William Dugdaie calls
the last act a restitution of blood, except to
honours and lands ; but improperly, the rc^
cord shewing, that it was simply an act
to confirm a grant from the crown, of part
of the duke's real property. 1 Dngd. Barfui.
171. The king also a ti-w years afterwards
extended his bounty to the same Ilcnry,
granting to him some more ol' the latedukc*s
possessions, particularly the castle and manor
ofStafford. Thid. Further, in the first parlia-
ment of Edward 6, the same Henry StatVord
was restored in blood, so far as to take tho
barony of StaiTord, one of the family ho-
nours.'' 1 Journ. Doni. Proc. 30j, 522,
Ilargrave,
299] STATE TRIALS, 19 Henry VIU. 1 52i>.— Proceedings relating to the [300
28. Proceedings relating to the Dissolution of the Marriage be-
tween King Henrv VIII. and Cathaiiine of Arragon :
19 Hen. VIII. a. d. 1528. [Lord Herbert's Life and Reign
of Hen. VIII, in 2 Kennett's Compl. Hist. 98. 1 Cobb. Pari.
Hist. 507.]
Our king had now for many years enjoyed
the vertuous queen Katharine, without thai ei-
tiier scruple of the vuhdity uf their Alatch, or
outward note of unkiudncss had past ht'twixt
tlieni. NevcrllifU'ss, as, presently after ll»e
birth of the prince^is in lol5-l(i, ^'who alone of
all their children survived), Luther and others
controverted the authority- and extent of tiie
Papal jurisdiction, »o in this kingdom, tlic dis-
pensation of Julius '^. for tl)c uforesaid Marri-
age being privately questioned, many of our
learned men concluded it void, as being granted
in a case prohibited Jure Divint), and therefore
indispensable. This aeain, wliibptred in the
ears of many, begot such u muttering, as bein;;
brought to the kmg, made him think what he
was to do. For though he knew that a k(ei»-
ing of the succession doubtful was one of the
ill arts by which princcii cons<*rve themselves,
yet, as a desire to iiave posterity, which might
succeed him in the crown, prevailed over ail
other couaiderations, he resolved to clear this
point by all fitting degrees; and the rather,
m that he knew the same objectioni* had been
made (though wrongfully) to Edward -1, and
bis children. And certainly (as it appears to
m; by many circuoistances,) it was in the
beginning, as much as he could, in favour of
the princess his daughter. So that, althou!;h
the bishop of Tarbe (being sent by Francis
1527, to conclude the alternative formerly set
down,) did object openly against her legitima-
tion, as being got by the kinu upon liis brother^
wife, it did not much nidvc hiin. Bur, seeing
it now grown a publick doul)t, he thoutflit it
more notorious than coul.l besupprest. >»either
did he beheve that Charles would be greatly
scandalized at it ; tince, to avoid the Treaty of
Windsor, liimself had nlledgod some tliinp;s to
this purpose. All which again (as Polydore
relates) was secretly fomented by Longland
bishop of Lincoln (his majesties Confe*>bor,)
at the instigation of the cardinal ; who both
hated the emperor, and was averse from the
queen, by reason of her reproving his loos€\
and inordinate life. Though (whatever Foly-
dore saith,) it will appear hereafter, that WooU
sey indeuvoured not, finally, the Divorce.
Howsoever, on some or all of these causes,
the king was much pcrpicxt, as knowing how
deeply this aiTair concerned iiimst:lf, his pos-
terity, and kinccloni. And bcciiure it was
easic to collect (jf v%haf coll^equence any rumor
of this kind iiiighl be, he not onlv sent to our
ambassadors in Spain, as is >aid i)efore, to si-
lence the iioi«e thereof, but used all ineann pos-
sible both to appcasi* thosf: violent j<-alonsie9 ilic
queen had cimcci^ Vi, and to saiistie liis people.
at least until himself had 4ook'd further into the
business. In which certainly his intentions
privately were to proceed ; for besides his dis-
patching his secretary William Knight, doctor
of law, to Home, (wliom yet he C4>mmanded
to advise with our cardinal by tlie way, being
then ill France,) he took information some-
times about his present condition, and some-
times (it is probable a1s<^>) about such ladies as
might fnrnibii hiiii a choice for a genial, and
scrond Ijed. In wjiieli iiunil>er the dutches* of
Ahinzon, sifter to I'Vaucis, is the first I find
niention'd, whose picture (as Hall saith) was
sent over, about this time. Neither did tlie
cardinal, being certified of these passages, omit
to comply at least in a]}]>carance with him, and
therefore writ to the king, that the best way to
obtain his de>ire, was, to tell the emperor
plainly, that, * l^iless he set the pope free,* (at
this time in prison) * iie would proceed in the
Divorce upon his own, and his Clergies nutlio-
rity.* After which, he sent for John Clark,
bishop of Hiitii, (then resident ambassador in
Fnince) and commended him to the king, as a
person to wiioni he nii^ht discover himself;
and, together, delivered his opinion: 1. Tliat
becausi* the party would appeal, the business
could not be determin*d in England, unless the
Pope would gi^e bin) al>s}lufc authority, i/i
omnibus eusihta (a Minute whereof to be sent
to liome, I have si*en.) U. That she should
be persuaded, ad insirctsum relifiionis. And,
lasth', if neither of those could be etl'ected,
it should be thought of, Quid posset clam fieri
quoad forum coHscieniiai Concerning which
iioiiits, the bishop of Bath at his return speak-
ing (as I find in an Original from the said
bishop to Woolsey), the kint; reply*d, * My lord
of Bath, the Bull is good, or it is naught*; if it
be naught, let it be so declar'd, and if it be
good, it shall never be broken by no by-ways
for me.' Whereupon, the Bishop represented.
That the Pope's captivity liindered all suits ia
that court, and, howsoever, that the process
would be so slow, as it could not be determined
in six or sei'cn years. Besides, tliat there must
be three distinct Sentences given in ir, by three
dircrs judges, the two Inst to be chosen for the
adverse party. Lastly, that after all this, the
Sentence may be recalled ; Quia sent'entia
contra matvimoniumy iiunquam Iraimt in rem
judicatum ; adding, in coiidusion, us the knot
of the business, that t)ic party would AiipeHl.
'I'o which the king answered, *■ He thought she
would not ap|>eal from the archbishop of Can-
terbury, and the bishops of Uochester, Ely and
I«ondo'n : as for the tediousncss oi' the suit,
since he had patience eighteen years, that be
301] STATE TRIALS, If) Henry VIII. ^bin.— Divorce of Catharine qfArragon. [m»
would stay yet four nr fivctnorr; »inrc the
opinion of "all the clerks ot' his kin;<;doni, besideb
two, were lately declared for hiin; addinji;, that
lie hud studied the matter hiin^eU', and written
ofir, and that he found it was unlawful, dejurc
divino, and undispensnhle.* Uusineiises stand-
ing thus, and no probability of the queen's
fruitfulne&s since tne princess Mary's birth,
appearing; and the rather, that Spanisli women
are obser%'ed to be seldom mothers of many
children ; he resolves to have recourse to the
Pope ; com^rling himsclU*, for the rest, that no
oiner difficulty appeared ni removing all these
inconveniences, than the obtaining a Dispen-
sation to disH>lve that Marriage, which a dis-
pensation only had at first made. lie knew
the same key that lockt, could unlock. There-
fere he tliought fit to send to Itome, both to
represent the dangerous condition of himself,
his issue and kingdom, and to suiicite the pope
fer a licence to marry another. And the ra-
ther, for that so mony circumstances liad mnde
the Bull and Brere, upon which the first Mar-
riage was grounded, to he sunpected. The pro-
lecuting w-fiercof therefore (in a dispatch dated
8Ath Dec. 1527), was recommended, by the
cardinal, to sir Gregory Casalis, an It:ilian;
which abo he was required to urge so far, as to
ny, that our king could impute tJie punishment
God had laid on him in taking away his issue
male, upon nothing so much, as the unlawful-
Dcst of this Marriage ; which learned men did
al$o generally so detest, as they held it to be
more than the pope could dispense with (as I
&nd they declared afterwards, in a book, viliich
was sent thither.) Wherefore, that he should
procure a Commission for hearing and deter-
mining this cause, to be directed to the cardinal;
ur, if Uiat were refus'd, to bishop Staphylu:us,
dfcan of the Uuoota, who had been lately in
England. And that he should furthermore
tav, that he^doubted nor, but the Pope would
easily grant it, though against the will of
Charles; since he had granted Charles a Dis-
pensation and Absolution from the oath which
ha had taken to marry tlie princess Mary,
without so much as demanding the consent of
oorking. For facilitating of which business,
letterb of exchange, to the value often thiHi-
nud ducats, were sent him ; as also certain In-
struments for the pope's signing, which were,
1. a Conimisiion, m ample form, to hear, nncl
detennine the cnu>e in Kngland. 2. a Decri*tul,
•herein Che pope, upon probation of carnal
knowledge between Anhnr and Katharine,
Mbijuld prrmounce the Marriage void, ii, A
Dupciisacion for the king to marry another.
4. A Pollicitation, that the pope will not recall
anv of iliose Act§.
Uut it was an ill timer for sir Orcgor>' to no-
suciate with the pope; he being, (as I find by
aii cnginul dispatch of doctor Kniulit, d:itcd
from Home, .Stpt. 13, 1527,; so aw'd by ILcr- >
'undo de Alunzon, that lie dur-l ncitiicr giv(> I
the«aid knight u public nudi<'iic«*, nor so much
as admit a private message from him, IniL bv
the intcrrention of the cardinal Pi'^nni. .Si
I
that, what wisdom or piety soever our king
might pretend herein, the coijuntura certainly
was no way auspicious. And the rather, be-
cause the f)ope, during his imprisonment in the
castle of saint Aiigelo, had been requir*d in the
emperor's name (as I iind by a Dispatch of
doctor Knight's from Orvieto) nut to grunt any
Act concerning the Divorce, nor so much ss
suflfer the cause to be heard l)etbre any judge
in our king's dominions. I hnd also in th&
same letter that Lorenzo Pucci, cardinal Sane.'-
torum Quatuor, being chosen by the pope fur
dispatching our king's businesses, had told doc-
tor Knight, that the Commission penn'd here
in England, for the Popes signing, might noc
pass, but that he had mmuted another, which
the pope (thoui^h with some retuctation) had
granted ; earnestly intreating our king never-
theless, not to put it in execution, till th<!
Spaniards and Almains were gone out of Italy,
and himself left in his full liberty. To confirm
which grant also, the same doctor Knight, by
a letter (dated Jan. 9, 1528), did certifie, that
the king's Dispensation was obtuin'd under'
lea'd, as amply as the Minute sent from Ejigland
did contain ; and the Commission for the lord
legate likewise was granted sufficiently, though
not according to the form propos'd ; and tliat
it was drawn by the cardinal Sanctorum Qua-
tuor. Moreover, he tells (as in the popes name)
that if monsieur de Lautrech were come, the
pope thinketh lie might, by good colour, say to
the emperor, ilmt he was requir'd by the Englisli
ambassadors, and monsieur de Lautrech to pro-
reed in tlieliusiness. All which particularities
I have the rather set down, that it might appear
how the diiliculties that the pope mnde in this
business, seemed to proceed ciiicily from hu-
mane considerations. Which also is much
contirm'd by a dispatch from Gregory Casalis
13 January 1,')28, where (on the popcH pait,
and in his name) he suith, that if the kings
conscience be satisfied (which he alone can
best tell) his course were, Ut ttatim committat
causanif afiam ujorem ducat, litem scrjuaftrr,
fnittatur pro It^ato. &rc. and, that this was the
only wav for the king to attain his desires :
though yet he intreatcd this ad\ice might be
taken, as prorecdinr; from the cardinal Sanr-
tnrum qualuor, aixl Sim<mctta, and not from
himself And this, certainly, as it may bo
thought a politick advice, so wuuld^it have prav'd
srifcr and eai»ier tor both, than a Cr)mmi»sioii
tor two le;;atC8 ; which as it took uj) more time
on the kini^s part, so it caus'd a like danger
anri inconvenience to the j»npr. Ilowsouver,
it oppcared at'trrwrn-ds, thtit the kinf?, either
out ot t( iiderni -»s o(" consi.'icncc, or considera-
tion of lite ii;v/:ir(l he «i|joulrl run, if the pope
wdiild not continn this Act, tlion;;ht not Ht to
allow tlicrcof ; hut cho«e rather to demand ■
lapicr ('fnnin:'»sion tliRO lliat which doctor
Knight ohtaiiiod : the prornrinpr whereof also
he coniinittcd i;> .St««plu n (iiirdiner, doctor of
1 iw, and S' crcti-rv to \Vnf»|*t:v, and Kdward
I'ox, p.-ov«»-t rif Kiiins ('^||UM|^£C in Cnm bridge ;
not ne;:icrtin<^ in tlic niciin time, both to in-
503] STATE TRLVLS, 1 9 IIenrv VIII. 1 .52S.— Vioceedm^s relating to the [30i
struct the Pope \\\ iiis caubc, and do liiiii nil tlic protest in hi^ name, that he was no author of
{.^)ud otUcos he could \\\\\\ (christian princis tiiis Oimii^cl. Alter which they were desired,
and ^tut(>:4, and particuliirly the Vcnel'mns, ; hy hitn, to pFoceed lo tlic merit ot the cuum*,
^(JncLTnill^ the restitution of Uavenna and . and (luuhtics ot' the gentlewoman (bein^, ns I
Ceivia ; tliouf^h yet it took not such effect ns . take it. niistribs Boleii.) 'i'lie perplexed Pope,
was hoped. Neither did our king fori^ct, hy a who knew well iiow much the Spaniard wa^ in-
Letter of cardinal WoolaeyV to the protonotary . tcre^sed herein, heard (hem at ihis time with
John Cb&alis, to desire him to ai quaint the ' more fear, when ut another time he would have
Pope with some doincstick and private pa«sa- . g;ranted their reriucsi. Therefore, to^ieihcr
{;cs; which (though out of the re^.pect I hear with an ambiguous answer, which he i^uve them
to that vertuous queens memory) I cannot but ' by \%ord of mouth, he sent in cipher n Letter to
mention somewhat unwillingly, yet must not . our king, of so much irresolution, that it need-
omit, both for the &akeof that truth that ought I ed no other cover. Howsoever, as the corn-
to l>e in history, and as it seems (o contain some | mission o\l our ambassadors was to sUiy till fur-
motive of the kings intentions. 1 bhull set i ther order was given, they seemed to take all
down the words in Luiin as they arc extant in - in good part. At l&st our able negoiiatois,
our liecord, iiunt nohiiuUa sccrttv Sttnctmimo \ urging the aforesaid and many other motives to
Domino nosfro exponendu, 4' nou crcdvnda lite-
riSf qnas oh caustUf tuorbohq; tionnutiog, quibiis,
absque rcmcJiOy rt^inu labtirat. A- olt animi eliam
conceptum *crvpulumj liegia Mujculas nee po-
the Pope, and he again iinding tlie French and
confederate »nny puissant and victorious in tlte
kingdom of Naples at that time, made no difll-
culty to grant a full (Jomnii<*!»ion to two legates,
tctt nt'c vultf ullo tmquaM poslfmc tempore, ca i to hear and determine the Cause in England,
uti^telnt uxoreWfadmitlcretquottcunq; crencril. . being (according to the kings dc^^ire) Wuolsey
' There iure besides some particular reasons to ''< and Campeju9 (not long since made bishop of
be laid before his holiness in private, hut not i Salisbury.) lieside<>, it sc*ems he granted this
proper to commit to writing, upon which ac- ; following l*ollicitaiion, or Promise, dated at
count, ;is well as by reason of snine distempers [ \'ilerbo, July 23, 1j2U, which yet. being no
which the queen lies under without hope» of | originaUpicec, but an ancient copy, extant
remcdv, as likewise through some scruplcb - ammig sir Kobert Cottons Records, I shall
_■■*. Ill" * " ■ ■■ ■■ ■ ■"■ A
which disturb the kings conacience, insomuch
that his majesty neither can nor v\ ill for the
future look upon her, or live with her as his
wife, be the consequence what it will/
Gardiner and Fox, receiving their Instruc-
tions in February 1 j'2tt, repaired lir^t to Fran-
cis, from whom they readily obtained u pro-
mise to co-operate pui»santly with the Pope,
for eflectuating the kings desire, as also a pei^-
suasory and menacing Letter in ca!»e of refusal
to the Pope ; fur complying where» ith also the
bishop Stupiiyheus was sent by him to Home
not long after. Our ambassadors having gucn
the king account hereof, proceeded in their
journey to Italy, and coming at lust to Orviet<s
where t lie Pope then %vas, they found him
Iod;:cd in an old and ruimms monastery, his
outward chamber altogether unfurni»hed, and
mention but according lo the credit it may de-
serve from the equal iv;uler; only 1 must not
omit to t^ay, that, us divers original dispatches,
both befine and after, give some touches of it,
and that the date for the rest is added, so it
may challenge better credit than lo be thought
Q Minute, and much less a counterfeit and
supposed piece, which also is the more proba-
ble, in that the J\>pe granted onipher testimo-
riics than this, in favour of the Divorce ; how-
soever they were either controlled again, or dc-
t-iiined in the hands of his ministers, after that
sort, that our king mi^ht well take notice, but
neither copy nor advantage of them.
Tltc l*oUidtut'um.
** We Clemeni, by the providence of God
the 7 til Popeot that name, having duly weiglied
his bed-chamber-hangings, together uiih his j with how inuchjubiicc our well beloved son in
bed, \uIuik1 by them (as the oriiiinal Letter | L'iuisi, Henry i), kiiiii of Kngland, defender of
bath ii) at no more than 20 nobles. The Pope \ the faith, and lord of Jrchmd, hath laid before
yet receiveil them lovingly ; tliough not with- i us a^ a thing noiuriuus, publickly known, and
out the anxiety of one who could neither safely of tvil i-e| iTt, his case conreining llio nullity
grant, nor deny the request of a king to i\h(Mn i of a Maniiti^e, which lie did Itotli contnict,
lie so much owetl whats^oevcr Uberty he enjoy- \ mid dc Jmto^ consummate with our most dear
ed. Their InMruelions for the present, were \ daughter in (.'lin>*l, Catherine, daughter to the
only yet, to thank him for the Commission and ■ most CatholicL kinj, Ferdinand of Spain, of
Dispensation uranied in this business to doctm- | glorious memory, contrary ti) the laws both of
Knight, and atUT intrusted to Uambara his | (rod and man, which he tliereby grievouNly
agent here (siicce-sor mito Meh'iiior Laiigns, ■ traii«>gre<ised ; .ind haxing thii-euptm issued out
wlio was tirst authori/ed by the Pope, to give . mir (^)mlnl^^i^n in I'.miu and n>'.uiner there ex-
(]ueen Catherine notice of this ulfair, tOLiethcr 1 pre>sed rv^hicli ( i>iiiiii:'>'»i>jii wi- do hereby con-
%vith the Popes secret intnititm therein.) Fhey lirni and raiifh-, as unich a^ it here nsain ex-
'opes I
added further, that by Gninhara, as also by sir
Gregory Ca&alis, our king liud gladly under-
Blood, how all defect*:, upon due renumst ranee,
should be supplied and amended. They were
eharged also, from tlie cardinal y privately to
prer-^ed :ind incited) to our lu loved sims in
C'lirist, Thnmns .iiid i^aiirence, by the Divine
Grace, Cardinal^, Snucta Cri'i/'<r,and Sanetm
Mttritt i.i Traustibtrhnf our lA.*gais dt- Laietf
in the kiugduin of Knglund, from tlte Aposto-
3Uil STATE TRIALS, li) Henry VIH. } 52%. ^Divorce of duharine of Arragon. [:jOG
iical Se« ; ft hereby wc did constitute and ap-
point liieni (as we do by the tenor of these pre-
Milts, BKMi fully and eft'eciuuUy coiisritute and
appoint them either togctlier or asunder) in onr
«trud to exuiniiie, and finHlIy to determine as
cumpetent judges in this Cause; that we may
give the more inaiiifest and evident token ot*
our tefidemess and affection to the aforesaid
king Heniy, in speedily administring justice,
ind freeing him by our immediate iSciitence,
frum that tediousness and vexation wherewith
tiic most just causes (by the corruption of the
present times) are so iar embarnissed, as scarce
to be finished, and finally determined in an age :
and being desirous that the Process carryed on,
or to be carryed on according to the tenor of
tbe said Commission, may be firm, valid and
irreversible, we do engage, and upon the word
01* a Pope promise, that we will never by the
entreaty, request or instance of any person, or
from our own mere notion, or otlierwise, at
uy time grant any letters, breves, bulls or writs
of any sort, eitlier under shew of justice, as
■cts of grace, or on any other pretence what-
ever, to inhibit or revoke the matter of the
Commissions heretofore in the above-men-
tioned cause issued out, of the foresaid Com-
■UMion, or of the Process by these oar dele-
ptes, according to the tenor of the former
commissions, or said commission either yet
formed and made, or to be formed and made
hereafter, whereby any prejudice, hindrance or
ioterniption may be given to the full, perfect,
6nal and eliectual execution of the said com-
missions, commission or process, or whereby
ill or any of them may in any wise be revokecl,
opposed or retarded in the wliole, or in any
psux of them; but we will preserve entire,
ntifie, confirm and defend to all purposes with
oar utmost power and authority, most effec-
tually the conimibsions and commission granted
\it u<i to our foresaid delegates, and the Pro-
ztvi which the said delegates according to the
Unor lif the said commissions or commission,
hy their plenary power and autliority have or
ihall ^>rm and carry on. Lastly, we will effec-
(ualiy make valid, and without refusal, delay
^ any diriiculty whatever, grant all such let-
ters, breves, bulls or writs, which may serve
aay ways to strengthen or confirm the execu-
tion of the said commissions, commission, or
tore-mentioned proceso, or to ratifie and esta-
bibih any things by virtue thereof, by our fons
mmJ delegates decreed, determined or udjudgcMl.
And we do fnrthcnnore engage and promise,
spin the word of a pope, that wc will in no
»i^ ^unless by force and violence compelled,
'>r by fraud and ireacliery surprized; injure all
or any of the foresaid particuliirs, or act or
attempt any tliiiiv contrary to them, or any of
tbem directly or indirectly, tacitly or rxpressly,
nediately or imoiediaif^ly, upon any colour or
prvteiice whflts«>ever; but uill support and pre-
serve ail nnd every of them linn, valid, fixed,
Mid inviolable. And farther, if (which Ciod
forbid) me should act or attempt any thing in
aay wise against tbe preuiibts, or any of them ;
VOL. I.
we do hereby for that time, will niul declare as
effectuully as if this our Declaration were at
that time made, that eveiy such act and at-
teiupt shall be null and void : aud it is hereby
made null and void, and is declared, pro-
nounced, and adjudged, to be of no force and
etBcacy. — Given at \'ilerbo July 13, 1528, in
the fifth year of our Pontificat. Clkm ewt V."
This while, the queen, who understood well
what was intended nj^uiiist her, laboured with
all those passions which jealoubie of the king's
afiection, sense of her q\\\\ honour, and the
let^itiniation of her dau{ihter, could produce;
laying, in conclusion, the whole fault on the
cardinal ; who yet was less guilty than the
queen thought, or Polydore would make him.
i will not deny yet, but out of due regard to
his masters interests (so nearly concerned in
this great affair,) as well as care of giving satis-
faction to his Cdiiscieiice, which seemed much
troubled, he might comply with tlie Vwx^h de-
sires ; but to be tlie single author of a counsel,
which might turn so much to his prejudice,
when the king should die, is more than may
easily be believed of so cautious a person as
Woolsey. And this innocence, perchance,
was tlie reason that he neither suspected hinv-
self to be so much abhorred of the queen, nor
to stand in that danger of her practices which
yet procured at last his mine. The first who
gave the cardinal notice of the queen ^ displea-
sure (as I find by a Letter of his dated at Fe>-
versham, 5 July 1537, then in his journey
towards France,) was the archbishop of Can-
terbury ; the consequence whereof he so much
apprehended, that he thought fit to use all
means for satisfying her. I'lieretbre he pre-
sently laboured with the abp. to persuade the
queen, that whatsoever she heard in this kind,
was intended only for clearing the surmises of
tlie bishop of Tarbe, formerly mentioned. He
writ also to our ambassadors in Spain, to
quench all rumours there, upon the same pre-
text. But the queen had sent those agents
abroad, (and amongst them, one Abel, her
chaplain) who both informed her of all that
passed, and engaged the emperor to assist her
to the uttermost of his power. Therefore the
Pope stood more and more susfieudcd. The
pace of Cuiapejus (the promised legate) also
appeared stagverin^ and slow; and all that
might frusti ate the kind's intentions, was se-
cretly practised. This while the cardinal,
(who out of the king's designs would ever pro-
duce and subrogate some particular end of his
own, whereof, either in point of glory or profit,
he might make advantage) had so disponed this
of the Divorce, aa thereby to mediate rlie
Pope's entire delivery, not only fnmi the guards,
but even fear of the emperor. Again as, dur-
ing the Pope's restraint, he had, (under pre-
tence that It was the best expedient for the
kiiiir's proposed Divorce) projencd a meeting
of cardinals at A\i(>:nun, fur settling tht.' govern-
ment of the Church, where he himself intended
to he present ; so, now, since the king liked
not that course, and that the Pope was fr«e,
X
3f)7] STATE TRIALS, 19 Henry VIIL 1 328.— -Procwrfm^s relatbii; to the
[308
he per«iiaHi-cl him lo enrt some Cnlhcdral
^iiurriif."^ ill r.ii'^laixl, at ttie price of tiironin^
fln\in MJDre fnoiiJ«*'tcrics, Wlurtby il appears,
both hon- Ixuie thi^ C'aniiaal was, atui how
much he siiuiied his u^vn ends. For as he
knew tills would utcase the kin &; (nho began
to think ihat reliuKfUs persons might sen'e Gf)d
AS well in dcfendtn^ tiic kingdom, as praying
spcretary, for the Latin Toniiur) U> Uc»me ;
(their Instructions in !:t'iierai, liciiig ^i^ned with
the king's own Iniiid) t^orc t(» dissuade the Pope
from rntring into anv LcaiEue with the emperor,
v^iiose dtsign was (iie said) to diveht the Pops
of his means and autliority, hy the forcible
bringing in of one Angclo, a cordelier, to be
Pope, who should not intermeddle with secular
for it,) so he assured himself tJic authoritv j jurisdiction, and the patrimony of the Church ;
which therefore the emperor would take to him-
self and usurp, ior preventing wherefif, ibt
king wished him to keep a guard, oiHeriiig in
his own and Francises name, to contribute
thereunto. They were commanded also, to
search privately for a certain pretended Breve,
in Rome, (said to be a Supplement or Confir-
mation of the Bull of Julius 2, and authoriiing
the Marriage with queen Catlierine) since it was
not to be found in the king's Uecords. Fur^
thcrmore, they were cequired to discover (iu
the name of a third person) whether, if the
queen entered a religious life, the king mi^ht
have the Popes Dispensation to marry again,
and the children be legitimate, and what
precedents were for it ? Secondly, whether if
the king (for the better inducing of the
queen thereunto) would promise to enter
himself into a religious life, the Pope might
not dispense with his vow, and leave her
there ? Thirdly, if this may not be done,
whether he can dispense with the kinv to have
two wives, and the children of both legitimate?
Since ^reat reasons and precedents, e:»pecially
in the Old Testament, appear for it. All which
they were to do with that secresy and circum-
spection, that (because might not be publislied,
propounding the kind's case always tlkTefore as
another man's. Lastly (as in all other Instruc-
tions) some kind of menaces were to be added.
But persuasions and terrors wanted not on tlit
other side ; which did so nmch more prevail
with the Pope, as the danger was more imme-
diate and presbinir on the empcror^s part, than
on our king's. Iherefore our ambassadors were
so far from ohutiiiing any thing, but what wa»
formerly trranted in the Commission to cardinal
Woolsey and Camprjus, that they found the
Pop«! now more than ever disposed ii> favour
the emperor: insomuch that they observed
daily new delays and restrictions in him. Some
^lid graiit". f:is is abovesaiil) in appearance a whereof (besides the evidence in our Recordi)
l.ir e (.iiHiiiui-^sioii to Wt)olsry and Canipejus ; j Sanders doth coiiless, while he saith, that the
ver, in enfect, so restrained, as the emp«Tor j Pope, by four several messengers to Campejus
theriHif would be dtrived on him chielly ; and
the ]*ope, in the nie<in time, obnoxious, while
be could not but fear how far those inno-
Taiions might extend. When this project there-
fore was moved to the Pope, 1 fmd by a Letter
of the protonotary John Casalis, Oct. SO, 15V8,
that he answered, gravely, he liked the design
well; but that he \%ould proceed delil)enitely,
liecause it wns ad perpetuam rci mcmoriam.
Therefore he desired the two legates (for Cam-
pejus was by this tijne come) might be joyned
in determining this business, and that all the
revenues of the monasteries might be conferred
on the new biahons ; and that the two legates,
having advised with the Pope hereof, should
afterwards nominate them. So that it seemed
the Pope hchl it fitting to comply with the
king a little at this time, since Gardiner told
him plainly, that he had in his Instructions
these words to fell him, * Aa'cssi^ est supprimi
prosvrcniismi Regis Coliffiio Monaster ui eujui-
tun<{ue orditiis :* in coiicliision, a Bull was
granted fur up^ilying the Revenues of some
small Monasteries for maintenance of tbekinv\s
colleges in Cambridge and Windsor Castle; the
copy whereof is extant in sir Robert Cotton's
Librar}'. Jt may be doubted yet, whether
these apprehensions, that wertt now, in more
than one kind, given the Pope of our king's
declining the absolute authority of the Church
of Rome, did dispose the Pope more to oblige
or disoblige him. For, thougli the Pope had
reason to fear, lest he should lose his ancient
jurisdiction in this kingdom, if he denyed ; yet
he miuht doubt as well, that in adhering too
iniu*h to that *«id<-, he might otiend the emptTor
so far, as to ha/ard tiie loss of his own. He
ihcrefore, at once treats with the emperor of a
perfect peace and amity, and together of rec(K
vcrin;; C.'ervia aiid ll:;venna, and of elVccting
ce:*:kin other dt <«igiis which he had in F!orenc<
f
might see it was not out of his power to check
nr revoke it. And this w;is all that sir Oreg^orv
Cu«nlis and Stephen Gardiner, after much im-
poriumty, could obtain, 'j'hry mi»vedthe Pope
also to canonize lb. Miry ty^ 'vihirh I liiui wa.s
formerly propo«i'd tt) Alex&rtdei 6, bv Henry 7,)
f4» wliich the Pope ansivered, ' That if the
a.'i'hbi^hop « if Canterbury, and bish<)p «if Win-
c I II •.iter (who haii examined the mutter in par-
Uhus) did send the pn>cess thither, as their
C4iminis«>iou mj'iired, the Canonization should
folldw fthortly atrer.* Husi noises standing thus,
our kin^ th>vi£ht (it to send sir Francis Bryan,
fcnighr, and Peter Vaoues (an Italian, and his
(now (jn his «v-ay) gave him in charge : 1. ThaC
he should make easie journies. 12. Th.'%t wlien
he came to Knt^land, he should lainjur all Ym
could to reconcile the king and queen. 3-
That if tiiis c«)uld not be ctfix-trd, he should
persuade her to enter a monastery, and tsxVm
on her a rdiLioiis life. L:l^ti^, That \^hen tliis
could be obtained, he sb luid give no definiiive
Si»ntence for the I)i\orce, wiilimt express
commandment tn>ni him, ^V hoc (s'titii he) nrai*
wiim if viaxiwuM sif ttt/i wundutum, Canipe-
jus thiiii in-tnicted, protracts all things ; whereat
though our king seiiiied scandalized, as sus-
pecting it came from uuwiUingness^ yet, being
10.-)] STATE TRIALS, \9 llEsn\ \lU/l!)2i.— Divorce (ifQufiarim' of /.rrii^on. [SlJ
an active prince, he iiiarlc use ut* rlut time to cmsfrs iii;itriiii'>tii;il, the jirc-kcuct' ii tlu- iKutici
ne^ticiate in Spain lor ri'co\c'riiii; the Urevc, t-> bv i-xiiiuiiii'.l, hiiipj; r(.->|>i!:\.-(i :>ir ttiu lui-t
\*ft nhich above) coiiunanrliiig the bishop ut' p«irt, the empiTor might cu^iiv iiiui>j;i(iu imw
Worcester, and doctor Kdwanl Jah.*, by all until it was i'nr the iiiii^i; and (|iicin per' anally
scant to procure it. At length (and nut be- ' to go to Uunii'i Cbpeciaily at tiiat linit'. After
Mre the be^niiing of Oct. Id^H) Cnmpejus this, the enipcmr connnaudint; the Uiwu tri t>e
coming tiiruugh France, and beinij; conducted rend, the afnhus<>adiirb required a notary to be
dience into EngUind, by John Clark, bialiop of , allowed them, for netting down tiie wh'ije pa<^
liuiii, our king*A ambassador there, came to i>u^e of this buMUCss, together with their Pro-
London : where, being by our cardinal pre- testations. Hut no notary but tite enif)eror*:i
KOted to the king, he publicly a<:k now led t-ed being permitted, the auibaisadorb wire li -reed
10 ilie name of the pope, cardinal, clcrtiy, and to accept him, dtsiring notwitli>tanditi|j; their
people of Koine, that our kinti; was LiUrator ; Allegations might be set d'iwn apait. ilt-.'-e-
I'rbii. Shortly nfter, obtaining audience of upon the emperor luid the afnbab:<ador<', that
tlie qneru, he took oicasion both to acquaint he would .irnd an express messenger to our
her vrith her danger, and to per&unde her there- ! king, to intreat him to continue Mi*) Match,
open to renounce the world, and enter into i niid, in case of refusal, to protest a;;:tin^l tnu
VMM rehgious life. For wliich many pretextR . Divorce. Our amba>'>ad'.>rs yet persisted si ill
wanted nor, (as I find in our Rcrord>) she hav- in urging the emperor, for lii« own sak(>, to
ins; been obser\'ed, since the Connnission ob- { send the fireve for J''ni:lund ; lest the Jitdiie.'',
tained, to aljow dancing and pastimes more • wanting sight thereof, should procteJ a;;-.iiu;it
than before. And that her countenance not I the (pie^n, or o:licrwi>r, that he w-uuid send
only in court, but to tlie people, was more the said Urcve to the Pope. The emperor ri.*-
chearfui than onlinary; whereas (it was nl- ! ply^'^* ^'^'^^ therefiire he would nut send it.
, Jedged) »he might be more snd and pensive, \ For if it miscurryed, the Jnd«!es miifht (hen
' ron^iderine the kini;'s conscience was unsu- proceed as they wonhi ; but lor M'N-iiiig it to
[ liilied, and that he had refrained her bed, and ' the Pope he would ad\ i>e. And that, il niat-
, *as not wdliiig the lady princess, her daughter, ters wt're now a^ they weie herettMore, he
fkould come in her company. Jiut the ot- w<)uld n(»t fe.tr t'» send it to Enghmd. J)y a
Itoded queen replying peremptorily, * That L<.'tter uUo, 4lie 30ih of April 15'i9, they cer-
she was resolved Imth v.i stand to that iVlar- tdie the kin^, * That the emperor intended to
riage the Itonian Church hail once allowed; send both to Knt^land and Home, to make his
auil, h-iw'soever, not to admit such partial Protesiatitm^ iig:iiiiMt this Divoice; and that
iixlpes as ihev were, to give >eiit(rnce ni her . he would not senii th<: ori|[;iiial Iheie. Kur-
cau»e.* Cam pejus writes to I</»me. both to ' thermore, that he iiNpiiu'd our kiiii;;, according
inform the Pope hereof, and to deMire farther to an Ariieie of a finnier 'i'retty, to fall upnit
iiiaiructioiis: the .Answer whereunto tJie Pope | Francis, a>> a |icrinibcr of the |Miblirk p<Mre.
Ttt ^ loni; deterred, that very near SIX miMilli>i Labtly, l.rc.tUAe thi' a:iid aitibii^^^.tdtirs h-.ii
p-tued l>efore lh«; two cardinals sat in their heard, an J considered, at large, tiie Hr«'ve,
Cainnii«sion. ; tliey sent their Olj* I'tions auaiii.^i it.' W I.:ili,
Thi* while the biihop of Worcester, and Dr. beiiij; one id' the gronnd.s of the kiii-:'«> pr ici id-
Lrf, Inting given the emperor an oveilure of i»g in this gieat affr.ir, I ii:ne thought fit puiie*
tM Uivorce, did (by a Letter dated at Sara- 1 tiiully to set dtiwn, as they arc eMunt i:i the
COM, Aprd .S, \5'29) return our king this An- | original lett> r, writ (en in cipher, and ihn^ t'» be
>«tr, on the emperor's part: 'That he wa^ ! read, as T iin<l it deciphered in our Kceor'f<«.
nrry Id undersiaiid of the intended divorce, { ** 'J'hat wlieie it is |ircteiuled the linll :<iid
^'iriii;: oar king (for tlic rest) by the Saera- • Hreve to he icnju-rriite in one day, e tlur ihey
OKiit ot .Mairmge, not to dissolve it. Or, if' were iinpetsatt* in one suit, and hy one man ;
|k wuuliJ need) proceed therein, that the la^ar- ; and then it ii not to be thought, but th:ii thiA
iacaiid determiuing of the busine-s yet might suit, being tif so gn-ai imj».»ri:iini', was ei;in-
benriKrretl to R une, or a Oeneral Counril, anrl
mitled to su( ii a one, a:> ruuM fjercci\e, tl>:il
Biiljedeeidt.il in Kiijund.' .Adding further, < the Jiull, n-it eoiilHinin*; >•> 1 u-je dis|.eii>.ttion
'liiat h«- w.ju'd tU tend the qnteii'sjnst (ante. '; as the !he%e, i» snpcjllMou>, (»nppo»«iii'i ihc
^heienitli, the pioteiided oii^iinat Uri've wa^ I H.eve to be nece'^r^.iry.) If iht o-ie werr im-
pntdure<l, and a tran:«umpt or copy iherent ; petrate afd r t^ur oilier, and tin; suii> made by
dcned by iliree bi^bo|l^) otlered them, to send i one man, it in hard to think th.it one man,
toKiiglund : but the lireie iisf-lf wa>» deiiyed, | beini: in^inicted in the Miit tor both, would
^iT(enr(:i.s Ik* said; of miiearrring. To wjiieh put the di^|>ell^atioiI of le•^ in Jineiit in a Hull,
'•ur ainhusf afiurs answered, Thui our king wasi
■ pniue •)f th.ic piety, that he on^ht not to be
■IjuriNl; and for the Ilreve, that it war* uJeMcl
lrl<ni>:Ui<£ t'l t.'ar king niid his (pu:eii o«d\, and
bi.f to lie flrt-iine>i by any other fr>iin them.
Ahd for ap|*ealiiig to llomr, it iicedeil not ;
unre aiitluniiy of determining that bnsine.v
and of ure.itcr nMiinnt in a lirrvc, i>M>iiiu
the one iniiiht be as t'aeill\ iinpcirale ;is il.e
oiher, aiid that the diipi n.sation in h nd is
iiiore dur.ilili' to r< main ; and, ihit ihe two
kings i%eir bciiiid lo iiii|it iriiie Utdl-, and not
Ih'eves, nliert-nl' lir or they tiiat had sin h Coin-
nii^sioii (a> 11 Menicth; could not he i^iiorunl.
*as alreiidy given from thence to cardinal i And if the.-^o snit?« w< re niiide by divi-m pcrMn •>,
Woidrej Olid C«im|.ejus. Uesidcit tluit, in | and by scicral comnii^sioiis, there is no leuaun
311] STATE TllIALS, 10 IIeniiy VIIL ]52S.-^Procecdws relating to the [313
can be alledged, (the impetration being in one
day) why to two several per9ons several com-
missions should be piven heroin, the tiling re-
quiring no haste, the iMarriage tollowing Hve or
bix years after; but mnie likely it is, if the
Breve were then obtained indeed, tlmt it was
procured by kecret practices not known to all
parties quorum inicrcrut gcirt if coutentire ;
tor, both the parties consenting, I think there
can be no sutiicient cause alledged, why, tlie
thing being done hy common consent, the
Breve rather than the Bull should liave larger
dis|>easation ; for what needed two divers suits,
with divers commissions, if both the parties
were agreed up«ni the suits? Especially the
impetration of both being in one day. — 9. Sup-
posing it to be true, that master Abel saith,
the (jueen to have sworn, quoJ nunquam Juit
cogntta a Principe Arthuro ; the cause of the
impetration for so much is vain, (viz. quod Re-
gina cum Arthuro pnncipc mutrimonium car-
tiali (opula cofuummarerU.) If this l»c true,
it appcareth tliat he tliut sued the Breve had
no commission of the partitas, for they would
not give him cominiasion to im pet rate dispen-
sation for cause not true. — 3. Supposing it to
be true, that mastLr Ahcl suith to me, that
the (juepn never heard of such Breve, before
the emperors orators there presented it to her ;
how can it stand, that i^ reported in tiie Breve,
quoit iinpttratuM t'xt Bnroc ad Kf^iW instan-
iiitmf — 1. If your highness had made instance
and supplication for the same Breve, it is not
to be thought that it should be so far out of
vour leinembraiice, the causes of impretation
being such, as your highness might and could,
nnon, reduce it to the same. — 5. If it were
impctrnte at the instance of yonr highness, and
of the qiice:rs !;r:icc, no cause is why it should
be sent into .Spain to king Fernando (as the
emperor's folks liv-iX. said, but now swerve) and
not to your hi<:hne>s, and the queen's grace. If
any uill sHppo>c tlmt it was done by yuur con-
sent, no rca:»oii ui'ri.eth whv vou should consent
thereto, and not ratlier keep it in your own
hands, than send it to the custodv ol' another.
And yet, if y<mi did consent, it cainiot be
rluiui^lit, but ilval it bhould remain in your re-
nuunhranre, as the firmity of your Marriage,
antl discharge of your conscience, with other
tliin«<;s touching highly yonr succession, stand-
int; tliorcin : and it may be supposed moreover,
that some writing of the deposite thereof
should remain there, which is not found. — 6.
C'onsiderinc that the kint; of most noble nie-
iiir)ry, your father then alive, your highnes not
l>ein;! at the date of the Breve past 15, or 16
^ear^ of ngc,'* [tor so the Cipher is ; tliough as
king Ilenr}' was tlien but 1'^, and something
innre, I conceive these fi};ures were ciphers
only, signifying his true age : unless perclmnce
the cipherer or decipherer did otherwise mistake
it :] " it may ba well supposed that your high-
ness was not then much tosolicite the impetra^
tion of such things. And tluit, if any such Breve
thtmld have been impctrnte that time, that ra-
ther it should have been done at the instance
of the king your father, than of your highness.
And although then it might have been iinpe-
trate in your higbnes&'s name, yet it could not
have l>een done there without knowledge and
consent of tlie king your father, and also at
his setting forth. And, if any his inter\ention
and consent hud been in this matter, he would
not have bound king Fernando, and likewbe
iiuve been bomid himself, to get Bulls of Dis-
pensation. And surely it may be thought, that,
if tlie king your father consented, Don Fernando
of Spain did the same, so tliut it cannot be
douUed, but that as they say here, they have
two Bulls reserved in their arcliives, so should
also this Breve liave been, which indeed was
not there found, as hereafter sludl be shewed,
nor any such is found in your faiehness's ar-
chives. Wherefore it may be weft reckoned,
that there was no such obtained by the consent
of the king your father.— And so, 7tldy, mak-
etli the Breve suspect, that tlie emperor's
folks Arst said, that it was found in Archivis
Regum llispaniarum, as appeareth in my
lord cardinals graces Letters ; and now, forget-
ting themselves, the emperor's chancellor aud
Perinot have confessed to us, that it was found
I among the Writings of doctor de Puebia, which
was onitor of Spain, in England, in the king's
days of most noble memory your father.
Which contrariety maketh to appear that they
! do not upright. Of a nephew of doctor Pu»>-
bla's being there, I have *vritten in our com-
mon Letters the 5lh of April, and now do
again; hy whom peradventure some light might
be had.-^8. Whoso consideredi the high re-
nowned wisdom of the king your said fiither,
and his great sage council, men of singular
wisdom and learning for all purposes, may well
conceive that, or eicr any Dispensation for
Marriage to lie had between your highness and
the queen were sent for, that lier grace was
exanihied un eiaci vognita d principe Arthuro on
non f And that, li Jasia ttty that the two
khigs would have pmvided therefore Diipcn-
salionem in Bulla, as they were bound. And
on the other side, si nepiavat $efuiur cofinittm^
nihil erat oput Brevi quoad, &c. And for the
second part of the Breve, I cannot suppose
that your highness, in that time which the date
of the Breve pretendeth (your highness being
then not much more than IQ or 16 years of
oge, and the king your t'ather living) need any
Dispensation in that party. And if noue
ncetled tlien, why slamld your highness then
make instance for any, which is sup|K>sed in tlie
lireve?— Pih. If this Breve were impetrate io
the days of Dr. dc Puebia; the being thereof so
long in his liands, and the manner of keeping
of tlie same, civeih new conjecture that it is ■
thing cussat ; for tlie thing being of so much
importance, touching so nigh your highness and
the queen, why sImuiUI he keep it ; specially so
longf for he lived in England after the date of
the Breve 5 or 6 years, and died tliere, not
long aAer the king your father. Who can
think tliat such a king, and such a council,
would have suffered tbe Breve to be ont of
313] STATE TRIALS, 19 IIesry VIII. 1 52S.-^Dirorce qf Catharine qfArragon. [3U
ihf ir hands, in his hands, ail that time, if the
Breve had been known to them necessary for
thi» Matrimony^ and of any value ? And, m
I said, tlie manner of keeping thereof seemeth
m confirm the same ; whicli manner of keeping
I conjecture of two things : one, that it was
not kept in a case of tin, after rhc manner of
Breves ; for only in a paper they did exhihit it
to us twice. Another, that in tlie superscrip-
tion it appeared slubbered, by reason of often
hsadling, peradventure lying among so many his
writioes and old letters; wherefore, althougli it
were then iiupctrate,Tet it seemeth that he took
it as cassat, and void, peradventure as surrep-
litionsly obtained of his own head, witliout any
oonmission or consent of the parties.^-10.
Another suspicion is, that, aithougn the emper-
or^s chancellor and Perenot sav, they have
divers Letters and Writings of the said Pue-
bla's, concerning both the first Marringe and
second of the queen*s ; yet, because tl^ ut-
tered Dot that they have any thing specially
eoneemiog this Breve, (which they would not
have foi^tten to sa^, for so much as it roaketh
ibr their purpose, if there had been any such)
moved upon that suspicion, I demanded of
them, and divers times to the same, whetlier
they had any special letters concerning the
firtve ? They could not, ne did say tliat they
hui ; but the emperor's chancellor answered,
That the Breve was enough. Wliereupon may
be gathered ; that his Answer implied, that
they have none other.— -11. If any such Breve
«ere impetrate at that time, by the knowledge
and consent of both tlie kings, likely is, that
cither of tliem should have one. Let them then
here bring forth the Breve ex Archimi suit. If
they will say, this is it ; what likelihood is it,
that it slMiuid be sent into England, to come
iDto Spain ? F«)r this Breve, if it were in Dr.
de Puebla's custody, came out of England aftfr
liis death, with other his writings ; which I
think his nephew there (if he confess thiit it
«as found amongst other his uncle's writings)
will also confess. I say, why was it sent into
Knjrland f It is not to \fe doubted, but Don
Fernando had an ambassador in the court of
Rome, which might eusilier and nearer way
hive sent it into Spain. Wlierelore, if they
csnnot, out of their archives, bring forth any
luch breve, their diligence in custody of such
things supposed, and well deprehended in the
custody of tMo Bulls, (for some of the secre-
taries said to me that they have two) ihey may,
'*( this, gather (themseUes) that tliere' i^ lio
!iKh, ne any otherwhere, of any elVect and
value."
Tlie 12ih suspicion against the Brove is in it
idf ; that, whensoever it wiis impetrate, it was
nnt duly impetrate, may be {;atluTid of divers
thing! in tlie same, ana alM)ut tiu; same ; the
hsDu of some learner, and not of one exercised
in writing of such things ; and some dctiuilts
in file writing; such, as my lord of Worce^trr
<sitb, he hath not seen committed in any Urc\c.
And, nil he trusteth to prove, the date shnll
^eriy coudemn the Breve. And these Ex-
ceptions were, as I find in another Letter,
dated from the same ambassadors to the car-
dinal : 1. that there were rusures in it ; 2.
divers hands ; 3. names false written, as Arthe-
rus pro Art hums ; 4. the date false ; as being
Dec. S6. 1603, which, according to the date of
Bre\'es, beginning Dec. 25, was almost a year
before Julius II. was pope. It was ol)f>erved
likewise, that the seal swelled in tlie middle,
and appeared like some old seal newly clapped
on. And thus much out of thote Dispatches
of those able negotiators, the bishop oi Wor-
cester, and Edward Lee the king's almoner ;
who, sending the transumpt of tiie Breve to the
king, April 33, by a Letter the 12th of June
following, also certified our king of the send-
ing of Gonzales Fernando, the emperor*s chap-
lain, to the eari of Desmond, in Ireland, to-
gether with the return of a clinplain of the said
carl's in his company ; the emperor seeming to
take this intended Divorce so much to heart,
that he thought fit to give our king this jealousy.
Shortly after which, I find also the bishop of
Worcester repealed.
This while, the common people, who with
much anxiety attended the success of this great
afifiir, seemed, betwixt pity to queen Catherine,
and envy to Anne Bolen, (now appearing to be
in the kmg's favour) to cast out some murmur-
ing and seditious words ; which bein^ brought
to the king*s cars, he thought fit to protest pub-
lickly in an Assemi)ly of Lords, Jucli^es, &c.
called to his ptdacc of Bridewell, ' 'J'hat no-
thing but desire of givinj: satisfaction to his
conscience, and care of establishing the Suc-
cession to the crown in a right and undoubted
line, had first procured him to controvert this
Marriage ; lieint; (for the rest) as happy in the
atfection and vertues u( his (|ueen, as any
prince living.* To confirm which also, he
caused Anne Uolen to depart the court, in
such an abrupt and discontented fashion, that
she determined to absent her self ahogether.
Neither could she be induced (as Sanders liath
it) to come to the king any more, till Iut father
was conunanded (not without tlirea!>j to briii;;
her thither. Who by represcniin>: the coininon
danger to them both, obtained at length
(though not without much ditVicultv) the con-
sent of his unwilling daughter to return; where
yet she kept that distance, that the king mi£;ht
easily perneive how sensible she was u( lier
late disinisMon.
It was now mid- May 15^9, when our kin<:,
understand ins; liovv the Pope intended a siiitt
lA:ag\ie with the cnipeior, and judging v\i*«ely
also, that Francis, upon the restoring of his
children, niiglir easily be <lrnvvii from him,
did resolve, without relyin>; any h)ngcr on
either of their nnnnise^, to take tht> best course
lie could, lor giving a ronrln<iion to thi** busi-
ncHS. And the rather, in that mnttt-is seemcil
daily more and more indisposed for that cim-
clusion he desired. For thonuh C'ampi-jus, ar-
cordini; to the order he had frotn the pope (as
I fiiul by a dispatch of John C'asalis, dut. Dec.
17, 1628 ) did both persuade the queen to a I)>
5 1 .5] STATE TRIALS, W Hexry Vlll. \yjS,---Procecdmgs relating to the [3 1 rt
vorcp, :ind dissundo tlic kiup from it, as having
oither way the end \ n proposed : yet he thik'd
in both. Nor wouid he (as 1 hiidin the same
dispatdi) let go out of his hand the dicret^dBull
inentioiied liefore, being the absolute decision
ot the Cause, (the Dispensation bcin^ relative
to the queens entring into religion, or other
disboJution of the Murritige ;) in regard (as the
Pope pretended) it wa^ got by the importunity
of cardinal VVouhey, with intention that it
^'lOulri he shewed to tiie king and cardinal
only, as an arrhu, or token of his good will,
and afirrward* hurni ; protesting nevertheless
to the &:iid Casalis, that he desired the cardi-
nals .should proceed accorrling to their Com-
inis<>ion, but that the Bulla Decrctalis should
by no nieans he shewed to any of the kings
coun.-^ellurs, or other person whatsoever, though
upon oath of secrchie ; it being sufficient that
the king and cardinal had seen it already, in
Canipejus hand. Mow our king yet wu8 satis-
fied with this evasion of the Pope, appears
not to nie by anv record, more than he
still solicited tiie Pope, that it might be ex-
hibited publickly. Howbtit the Pope, who
had far other tiioughts, told our agents, that
ke kept the liulf'i JJfcretalU, secretly, as
well fnnn all his cardinahi; as fearing Jest
the emperor should call him to a council
for it. For the more caution, taking orU*Y
that the memory of it should 1k> raz'd out of
all his archives. And, not staying here, (as J
find by our Records) he commanded one Fran-
cisco Campnna (his servant) into England, on
pretence to confer with the king and cardinal,
but indeed to charge Cantpijns to burn the
DecretaK For colouring of all which, he
finally objected to our king that he had not
kept proniibc with him, about the restitution
of Cervia and Ravenna. Our king conceiv-
ing hereupon, (hat all these (hfliculties the
pope made, proceeded from the fear which
he iiad of the emprror, studs to sir Francis
Bryan, au<i Peter Vanncs ai::iin, to renew
his oiler of a guard of a thousand or two
thousand men, to U; kept at the cost of the
French kini: and his, w hereof the (Jonile do 'I'u-
rcniif, and sir Gregory (-asidis siiould he cajv
tnins; anrl, in the mean while, that a general
peace should be treated of. Hut whether the
po[ie, .'vs heini; hite enough otlended with the
guard which the emprn)r put on him, would
not now accept thcni from any other piiiice ;
or thai he thou;;ht thcin too slender to defend
him; or that it v^ould argue partinlily to do
nny thin*: on tht-se terms; or ihat otherwise he
had madf his private pence with the emperor,
(wiiich certainly was the truth,) I do not tiiid
the pope accepted this otTer. Iloivsoever, he
5oemed still to ti.'ir the I'lnpeior; insomuch,
that by a Di^pMtrh from ( Jie*;ury Casalis dated
.fan. :i, i;>'2<), 1 fniil the Pope' tor the better
making both his owd, aitd a general peace, is-
dinal Woolscy should go aloni; with him; not
yet as pope and cardinal, but as two legates, or
ambassadors, for concluding a peace. But
tliis journey (if at lea^t it were really mtcnded)
was' interrupted by the sickness of the pope,
which was thought so desperate, that our car-
dinal, Feb. 7, wrote to Stephen Gardiner (then
at Rome) that, by all means, lie should pmcure
liie papacy for him, being (iisalfairs then stood)
the most indiflferent and equal tluit could be
found in Christendom. To which purpose also,
besides our kings reci»nuncndittions, ine cardi-
nal had obt.iined the French kings letters,
written with so much earnesini*ss for him, llut
though the convalescence of the po|)c did frus-
trate this design, Stephen Gardiner yet was
wislicd to keep the Letter in omnem enentum.
1 iind also, onler was given, that if Woolsey
could not l)e chosen, the cardincls which were
tor him (being a third part of the whole number)
should put in a Protestation, and departing the
conclave, should in some secure place proceed
to an election, notwithstanding any to be made
ut Rome. But, whether the Pope having no-
tice of this untimely ambition of our cardinal,
were now offended with him, or that otherwise
his engagement to tlie Spaniard (whereof, in a
Dispatch from the pope to the emperor July Slf
IbWt that came to our king's hands, there is
mention) did hold him off; I find after this
time the Pope more averse than ever. There-
fore, notwithstanding adesii^n of his, that car-
dinal Woolsey and 0am pt; jus, having lioished
the business of the Divorce, shouhi afterwards
go to conclude an universal peace, yet ail that
past in this utTair afttrwards (on his part) was
little more than illusion. Which sir Francis
Hr^'au discovering, in a Dispatch to our king,
plainly told him, no good was to be done;
which our king also believing, had commanded
(rardiner to threaten the pope with liis sollici-
tation of the princes of Ahnaiue. Among
whom I tind particularly George duke of ^xony
(the liUtherans in vain opposing it) to liavc per-
suaded the Divorce. Gardiner, hereupon,
useth more than one menace ; though so mucli
in vain, thit, Tor a conclusion, he advised our
king to proceed upon the Commission given to
the legates, the Po|h; being (a!< he alledged
April '21, lo2i>), so awed by the Cesareans, us
he had rather sutlt-r much in a not hers name,
than do any thing in his own. To incourage
him the more aiy>, (isirdiner calls ihc Breve
fal»u and counteii'cit, as Ix'inii not to be found
in the registers at Home. Moreover, for se-
condmc this a«h'rce, Gardiner, by ;uHiiher Let-
ter, May A, savs there was danger of recalling
the Connnission given to Woolsey and Cumpe-
ius : which was conhrmed by diiers other let-
ters from our anciiis. Whereof Gregory Ca-
sahs, in a dispatch of V6 June foll>)wing, giic-s a
reason; in there words of the Po])e : who, be-
ins at (hat time more >l<icklv rLlie\e«l from the
pccially btt^\ixt Charles Hn«l Francis, (which | oouitile rates than h*- expected, and divers of
also tvillowed at Can. bray this year,) declared
to cjirdinal WooUey, he tluujght it necessary to
^o him^elf in }>er*on into Spain, and that car-
his subjects (htr the re>i) m arm:> against hnn,
said,' MnlU true in praccps dari, A' (Vr^iri, li
Slafiulti, ncduM it Sucris htstrvire, ^uum ia-
^17] STATE TRIALS. 10 Henry Vlll. Xb'l^.^Dhorccqf Catharine of Atragon. [316
t\:urum hottiinum, svbditorum, rassalonwui \
TtiilUum ttifitfias suiiiuerv* Tiic remedy
v^tK-reMihi.' i-xprcced only t'roiii the ciiipcrur.
>•! that not oJiiy tear, hut even hope making
l.::\ uhiioxious, he did, tor more than one rea-
yUf uichne tu the i-mpeior. ihir king ul-o,
It ii.i: well infonufd hereof by certain excnsa-
tvrv I^tccr:i from Uouic, an<i that a Treatv l>e-
:>*i\t the Pope and emperor (whereof ihere
st.ail he mention) was ah'eady upon term of,
CMiiciuaion, and an inter\'icw appointed; gave
oricr tirst to recall Gardiner and Bryan ; yet
sons he neglfcted not, at the hanic time, to
wliCMCt; in tlios<' parts a controversic hath arisen
which iialh no perplexed the minds of men, and
held them in suspcnce and expectation, what
justice and equity will determine in a case of
so peculiar a nature, and of so great monienty
not yet trycd in any publick court of eccU'&iai-
tical judicature, that it is but necessary tu pro-
ceed to some quick and speedy determination
herein, to avoid that dan!;er which mu^t un-
avoidably ensue upon di lerring it. But since
we, whom God has a|)pointcd Servant of hii
Servants^ to administer to all men imp:irti:ki
justice ill judgment and truth, are not able in
send William Rennet, Dr. of hu/, to Uomc, to i our person to inquire into the truth of tlic f.ict,
binder the advocation of tlie Caus€-; whereof I and examine this Cause ourselves: considering
he Mas !iojf'ulous, that he intercepted not only likewise that the fact, concerning the rii;].t of
tlfu^c di>})atches which were sent to Home
{'n)in Cam pejus, or any el.so, but ev*en those in-
lelligciices which queen Cathiirinc should give
t» her aunt the larly Margaret, governess of the
L)ir-Countries. So that now our king, finding
iui comicience unsatisfied, his nobility in sua-
pence, and the pttoplc murmur' ng at these pro-
crastinations ill an affair that so much con^
crrocd (he Succession, charged the two cardi-
nals to procec^i ; as being satisfied by a parti-
cular diycu^sioii of this busine:^iit before arcli-
L'tshop Warliani, and divers the Icarncd^t men
bi butli Universities, at Lambeth, that his cause
Has fair.
.And now, publick notice of a solemn hearing
biiu^giicn, the court was appointed to sit;
liif queen chasing: archbishop VV'arliam, and
Nuh lias West bishop of Ely, doctors of the
h's\ at.d John Fisher bishop of Rochester, and
hfury Standiih bishop of St. Asaph, doctors
ot ({.unity, her council, kc at.irding to the
teriii>«ii»n the king gavi? her in that behi'.lf.
il'*i pu.?.<Hi!t>s whereul, iiut of im anci.-nt and
.Vi.'htntie ItciMid m parchment, subscribed by
tiif- tiiic*' notaries (used in this busine^N and
nr:iiainin£; in the cu$ti>dy of that ^rreat antiquary,
*«' lli-ury Spelman, knight,) 1 thall set down,
«!ii': ■-•'• nuich particularity, as the context ot
nv H>tiry will suffer.
lie place appointed for hearing and deter-
ni.Tii.'.t; thtr Cause, was a <:^rcat Hidl in Blark-
irver>in I^<ndifii, ^commoniy called the Par-
.amcn'-Chambrr.) The time, the 'J 1st of
which the present debate is, may with niore
certainty, spqed and expedition be inquired in-
to and exiunined there tlian here; farthcimorey
being desirous, that in that kingdom, wliich ha^
always shewn the greatest alTection and obe^
dicnce to the «^postolical Sec, all inalter of dis-
sent ion may be taken away, the bond of peace
and love )>e strcngthned, and tht; blesse(i har-
mony of mutual charity, which has so many
years continued, may still flourish, and be cm-
veyed down to posterity ; and a Decision may
be made of the above-mcnrion»*d Cause, con-
cerning the foresaid Marriage, uccording to the
rules of justice, judjmeni. and truth, whereby
this Dispute inav, as it i^ most expedient it
shouli], obr lii) a fnm, valid, certain and speedy
conclusion and cud. Tor tl.cso purposes, we
do hereby civ'.i and grant u plenary auihoiity,
and most :.niple pi)wer and rnininis^ion to your
eminences in ourowti steiul t.-.'tiu-r both jointly,
nr in cas:* of niiwiilinfjiM'ss, or :iny nihcr inipu-
dini'-nt, to titlier of y.jii «.iiiL'ly ; liuit, bii;i^ sub-
ji;ct to the aiilhurity and jiirivIictiiMi of ni> cfiurt
or ;'.r.st/n whatever, nor liabie to :'.ny Ap])eal or
Ql:esli^n concerninj; yom JMri-ilii'iion ; you do
hear :;nd exa'riin** all and i\erv iliinu which
i;i:.\ n laii- to tiic valiili:v or i^^.1liuiIv of the
said Alirriage, orofativ .\po»,toiii al Di-spensa-
tii'M whaicMr, to be exlnbited and produced
I'cf'jre yon, and all other things, niaUers, eir-
cuni>tanci 't, allc«:ation« and cani-r<:, wiiich may
:iiiv ways rihiio to, and conccn the said Mar-
riaL^r, and the said DibpeiiMiliMn : and t.!:at you
3li'\ l')'Jl>. The .Tudues, liie two C<irdinnl^ ■ do proceed itidi(.i.ill\, without tlnuulto^di^turb-
>'...•'• e :iicntioiie<l, '^i.-'^c Commisaions 1 h;'vc
t.VM;.lir fjt to set t\*j\\n at larire:
UiiCf, ^uiom.'irily nnd plainl ,- to c x'uniiie all par-
I ti'^ oniMnt'd and kn«i\\ing in the case of the
■* Ciruient bisb'ip, >ervant of the servants f»f ; said M:irri.ti;e, ami of the valnlity •»!" tin? said
f/>ij. In uiir l>e!oved sons Thonuib arnhln-hop i Di-'jX'i.v.iti'in ; and if it bhall toyou aprfvar, that
o: V»ik. i.:irdin:d .S«//t7'£ CVr//t<£-, and Laurence ' :uiy sn/.li Apo^ll^iical Dispcn-^atldiis !>liall be
tj^ut^^iu^ K-Mt\iiKu Suncltr ^lurit^ in TratistUiC' [ >niHcicMi, i arc tnal and vallil, oi in\a!id, incl-
tn>i,'iin li-j.it* f/t' luttrc from the Apn«.iulical ' fct. liKil, iiiisniiirient, siirn|»l:;ioiii or arnptiii-
S-^ It t};e kin'.'dom of Jlhi^land, health and
»^*j-lM;',-.d b/.*ni.<liciion. The relation of very '
>u;t..v {4 roMii9 of undoulited credit hath reached
ou<:, or on any m.-iMint iniil ami xoid, sach you
>liidl trouon-.ii-e and rhi larc tiiiallv that tiicv
aie, and di:-. *a t(y he hfld ; and in like mannei
'-•'*.* rar-, i.inicvniinz tbe \;;liility of that Mar- 1 concirniii*: il«e "'Id ,M:irn:j!;c. vou shall, it li>
r.a2«- wnuh (Hif beUivid >on m Ciiri^i llii)r\ | eiliuTpajfv n .,n.r'.(l, d«llnr, drtt nnine, arul ti-
^'•1 ••> Kntihind, fiei*'-lirlcr of the f.iilh, aiio Ion' ' iially -t-nlc nii :!.. s:\uw fo be valiil, jl;^t, h'wfnl
'Ji lr«.!and. ^a Di'^petisation of tin- Apoivtolieiil and fn-'n, •-•' ou t!,** ii;her bi:{e unjust, in\:did.
V' rtjiig hryt badj wa^^ known lo have con-; aniJ unl lufi.l. .->[: i iiarcupfii lh:it it is ando'iil.t
t'a *H riud constiuimated with O'lr drarU belo- . to be v.iiti aiid iiiiil, and i«» ilnTrfors by yi)u
•?• da' ^hlcr »n Christ queen Kalhniint, from \ thtre dedan.d ". :v:i'il. nr»;ii'-t. unlaw !"i,i. \oi.i
319] STATE TRIALS, 19 Henry YIIL 1 52S.— Proceedings relating to the [520
and null, on either side pronouncing Sentence,
as 5hull appear most just, according to the hiws
of reason, and the dictates of your own con^i-
ences; and if it shall thus appear that the Dis-
pensation is invalid, and the Marriage null, that
you do judiciiilly, deliberately, summarily and
clearly, as aforesaid, pronounce a Sentence of
Di\'orce, and grant a Faculty and Licence in
the Lord to the foresaid king Henry and queen
Katherine to marry again. And we do hereby
create and depute you jointly, or (if as abovc-
taid any ways hindred) separately in our stead
to execute, finish, fully and finally to determine
all or any of the things contained in this Com-
mission in 80 ample a manner, that whatsoever
we by our power and authority could have done
in the premises, all that you are hereby enabled
to do as fully and effectually. We do likewise
of our own certain knowledge, by our aposto-
lical authority, and by the tenor of these pre-
sents, grant you power and authority to pro-
nounce, sentence, and publish, if it shall to you
seem convenient, that the children by the hrst
]Vlarriage as well as bv the second are legiti-
mate; and that you do confirm and establish
the legitimacy of both sorts, either by censures
and ecclrsius^cal punishments to be inflicted on
tlie gainsavers, or oy way of decree and perpe-
tual sanction, or by any other more valid and
effectual method or form that can be thought
ol^ or contrived to strengthen, and cflfectually
support the same : any General Councils, Apos-
tolical Canons, pubhck Ordinances or Decrees
whatsoever to the contrary notwithstanding. —
Given at Viterbo in the year of our Lord 1528,
6th of the Ides of June, m the fifth year of our
Pbntificat."
After the Commission was read, our Chroni-
cles say, the king was called, and apjicared
personally in court, at whose feet the qut*en
prostrated lier self, demanding justice, right,
and pity, &c. But now to come to the authen-
tick Record. I find the king and queen were
by bisliop Longland, tlie kings confcss<jr, cited
to appear upon 18th June next eni>uing. The
king (tor oDserving his time,) gave Richard
Sampson, dean of Tiis chappel, and John Bell,
doctor of the decrees, a Commission sealed
in green wax, and dated at Greenwich, 15th
June ; by which he constituted them his proc-
tors, with uutliority to refuse or accept the Court
and Judgment of the two cardinals, and, if
need were, to Appeal ; allowing them also to
substitute other proctors : binding himself fi-
nally suh hj/polheca t^- obli«atlone bonorum, to
ratiiie what they should do. But the qnecn
using a shorter way, appeared in peraon« pro-
te^tinfT yet against the cardinals, as incompe-
tent Judges; requiring further, that this her
Protestation might be recorded, and so de-
parted presently out of the court. This while
the cardinals, uho took into their Commission
John Longland, bishop of IJncoln ; John Clark,
bishop of Bath and ^Vells ; John Islip, abbot
of Westminster; and doctor John Taylor,
master of tlic ndls; sent unto the queen let-
ters monitory ; declaring, if alic appeared not.
they would notwithstanding proceed to execute
their Commission ; for which purpose the
abovementioned bi&liopof Bath and WelU, was
employed ; but she, refusing, is pronounced*
contumacious.
Certain Articles were then put in by tlie le-
gates, against bur king and queen Katharine,
the principal substance whereof was, tliat
prince Arthur did marry, and carnally know
queen Catharine, confirming also this Marriage
by cohabitation with her till his death. After
which king Henry being his brother, did marry
the said lady Catharine, An. Dom. 1509, in
facie eccleiite^ and liad children by her ; which
Marriage yet beings as well Dimno as Eccleii-
taticojure prohibited, and (unless it may be
otherwise made good) to be reputed in its self
nuUnm omnino Sf invalidum, had caused hm
scandal both in the clergy and people of JS^
land, and of many other places, insomuch MiM
it hath come to the pope's ears, who takine rk
tice hereof, gave Commission to those cardinals
to hear and proceed in this business, according
to the importance of it.
This being done, the queen is cited a second
time to appear; which she refusing, is pro-
nounced again contumacious. This hindered
not the court yet to proceed, and appoint
doctor Taylor, archdeacon of Buckingham, to
examine the witnesses ; whilb themselves call-
ing for the Disp<>nsations that were alledged in
favour of this Marriage, a certain Bull and ^
Breve were exhibit^, which I have thought fit
to set down at length as they are extant in the
same Record.
The Bull being tub plumlto, rn0r€ Romantt
Curiae, was an original ; but the Breve was only
a <M>pv subscribed and signed with the hand of
Juan Vergani, a canon of ToIimIo, and publicb
notary, Auihoritate Apottolicu ; and with the
seals of Baltha/nr de Castiglione tlie Po]>e*s
nuncio, and of the reverend lather in God AN
foasus de Fonsecn, archbishop of Toledo.
Tue Bull.
" Julius Bishop, ser\-ant of the servants of
G«m1, to our beloved son Henry, jjou of our most
dearly beloved in Christ Henry king of England,
and to our beloved daughter ('atharine, daugh-
ter of our most tiearly l>eloved in Christ Fer-
dinand and Klizal>eth, most Catholick king and
qucei\ of Spain and Sicily, health and aposto-
lical benediction. The supreme authority of
the Pope exercises its power grunted hxmi
above, as it shall seem most wholsom nnd ex-
peiiient in ('hVi<»t, according to the dillcrenc^
of persons, thini:s, and times. Your Petition
lately exiiibitcd to us did set forth that yoa,
dauii^htcr Catherine, luid Arthur (eldest son i^
the most ilhiMrious and our mo^t beloved son
in Christ Henry king of Kiii;land) since de-
ceased, for the better prcsen'iiiguiid continuing
the Ix^ngiics and Treaties of peace and friend-
ship t>eiween our mo«t dear sou in Christ, Fer*
diiiand, our most dear daughter in Christ Elh-
7abeth,mo&t Catholick king and queen of Spain
and Sicily, and tlie foresaid king and qaeen of
ajl] STATE TRIALS, 10 Ilr.xnY VIII. \529.,^Bhorceqf Catharine of Arragon. [32'J
►
Kn^Uiid, did lawfully contract a Mari'in;j:c in
wunla de prascnliy uiul did prrlinps con!>uiii-
iiiaic it bv canial kno\vlf?<|ve, wliicli jirijK'o Ar-
thur dyed, leaving iiu i>?uo by tlic said Mar-
riage; luiw whereas your l*ciui<.iii did furihcr
feC't forth, that to ilicend tint tiin said ninitv
and good friLMidaliip may he :<iill >t lengthened
and continued hctwccn tlic fonsaid kini^s and
queeOi you did desire that a Maniagu nti;:ht
be contracted between you, in order tu whicii
you did supplicate that we «\ouid of our npo—
tiiiical grace and favour |;rant yon a buflicicnt
Dispensation un account of tlu* prcnii<t>s; \Vc
ilierefore o<ic of our hearty incliuatiou and
earoe^t dL'?irt: that peace and concord should
ever Hourish and remain anions ;dl the faithful
mCbrisr, but more especially iunonij; ail (?ai ho-
ick kiutr-kand princes, hereby absolvnigyou »nd
either ufyou iroin all sentences of prohibition,
suspension, excou9Diunic;ition, and all otiicr lc-
aesiostical censures and penalties on any occa-
lion or pretence whatever, either by any person
or law inAictcd upon you, or that in I he c:i<c'
foremen lio lied may be, by suit yet dcpcndin;; ;
2:nd as wc do hereby judge you absolved, so in
rumpliance with your so reasonable re(|uest, by
our apostolical authority, out of our nufcr and
•pecial grace and favour, by the tenor of these
pri:>ciit!» we do dispense with you, ^o that any
M'pedimciiC through the foresaid atlinity be-
tureen you, any apostolical constitution, ordi-
bhiice or pretence whatsoever uotrtithstandinu;,
'you may law-fuily contract niarriaj;e togeihtr
pfrierha/le present i, lunl when it is so ron-
Incted, altiiougli it should ulrcady have been
lULer publicly and openly, or privately nnd
ciaiid<'!>rinely contracted, nnd perhaps by carnal
knouled^e con^umniatCil, tliat you therein may
laAtuIh cotitinue and remain, and we clu hv
tfi*- same autliority ab*io|vc and free you Jtr.d
t'U-f of y«iu from all CVnsure and 55?iitenc«- < i"
Exojinniunic.ition, ivliich xou mav h-.ive in-
Mne<l by luiving f/ey/^rr/o etiicrcd into tlii'* coji-
L-act of nianiai^e before this Dispensation ; and
we do further pronounce ail thv. chiidrcn h|iiii-
inate, cither alreadv or vet to he born from il;c
Mi'l marriage, en her noiv or to be hereafter
contracted. Provided that you (tlanjihter (^a-
tliarme; b.ive not by force and violence been
brreto compel led : provided also, that if vou
bale already actually contracted the said ^tar-
na'jie, your confessor, to be by you both r»r
ciilirr of you appointed, do therefore Iny upon
)«i ^tmt w hoUoni penance, \% hich yuu arc here-
by oUi«;ed to do. i^-t therefore no inort.'d man
presume to infringe this our Sf-ntencc of Ahso-
i'JtiOii and Dispensation, or with ra^sh boldness
tt contradict our will herein ; and if any one
ilail be so presumptuous as to attempt any
thin^ contradictory hereunto, let hiiu take uo-
ticeilut he <»b:dl therefore incur the \eii'^i':iiice
f>( the Ahrii«;hty Ciod, and of Lis blts-cd apos-
ti«St. IVler sind i?i. Paul.— (;i\en at Si. Pe-
ters in Rome in the yenr of (uir l/»rd i5u3.
Seienihof ibe Calend<t of Junuaiy, in the liist
year of our Pontif.cai/'
TClL. I.
The Dacvr. ti\sieiiier with the Af^sevi rat ions
of l/lOSC tl'flO SUhsCJlliVit it.
" We lialiliazar de Cakiiglione of Mantua,
Notary of the Apostolical isie, nnd >Juncio of
the s:ii(l See, in the kinL;doni of Spain, and all
other tiTritorica and places subject to the tem-
poral dominion of their must serene m:LJeslies
CInrles elected emperor, and Joan, most Ca-
tholick king and queen, and Alfonsus de Ton-
.••{'(.•a, by the grace uf God, abp. of Toledo, pri-
nr.ite ol" Spain, and high chancellor of the king-
dom^ of Castile, to all and (>very one to wlKjm
till -re presents may come and whom the know-
hljre thereof may anv v\:ivs concern. Health
in tiic Lord. Know ye tlu:t we formcrlv re-
reived with all due rt\crtnce the Letter of our
most holy lather in Chrisi, Pope Julius 2, of
happy memi?ry, in form of a Breve, under the
I Seal of the ri •'her; which Letter was shewn usin
I (he presence of his most sacred, and imperial,
and most c:ith')lick majesty Charles, by the
urace of God, clccie/1 tiuperor of the Uomans,
being whole and entire, no wayn viciated nor
cancelled, nor on any ae-count or in part of ic
to be suspected, but free from all nnunier of
suspicion or colour of deceit. Tli(: outward
supeTScription of which Letter was in this nmn-
ner: * To our beloved son Henry, son of our
mo.*<ldeaily beloved in Chiist Henry, Ling of
Kngland, and to our beloved daughter Cathe-
rine, daughter of our nmst dearly beloved in
Christ Terdinand and lllizabeth, most cathoiick
king and queen of Spain and Sicily.' And the
<*onti'nts of the LeUer within was to this cllect :
' Julius ?, Pope, sends you« dear son and dear
* (hiachtcr in Chriat, hcaltli and apostolical
* I lue'lictlun. 'Jlu- sujirenii; authority of the
* I'oj;*' exorcises its powir granitd from above,
' :is it sh:d! sicni iiij^t w!iijlcs.)ine and cxpedi-
1 ' ent in Christ, accord lii: to the dilVercnce of
i ' }>cr.v)ns, t!,in;5'-, and lii.us. Y«»ur Petition
I * l.itely exhibittti to uj did ?et fv»riii that yon,
j ' dangliler Catherine, and Arihur (eldest sun of
* the most iliustrion-) and our iiiost beloved son
* in C'hrist H(Mny king of J'.Mj;Iand) since dc-
* ceased, for the bet icrprr-crvii.^ and ci):jfi[>!iing
j '" the Leagues and 'I'reaiics of iH':ce i:iid Incnd-
* ship between our nmst dvf.' son in ( liri*t
* Ferdinand, our most dear (h;!ij;laer in Clirisc
' Klizabeih, most cathnljrk king and q'lccn of
* Spain and Sicily, and the tores;u<l kii)L> of
* England, did lawfiilU ciT.lruLl a MarriagiMU
'words dc prttscnti J -mmI did perhaps cimpuiu-
* mate it bv carn:d kno\\lrdL,(? ; Nt»vv becauM?
* prince Arthur dymg without i-iij.- by this
' Maninge, in ail like lihotid thi<> bond oi'pcacu*
* and utjMty between the said ki^|;^ and ({iiecti
' v\«)idd n<it last bo lirm, as if stn-n^tiu lu-d and
* supported by :i new tyo of a'.iiiiiiy : Wm
* therefore, for these and certain ot'-.t;- c^^J•,t^,
' (Ifsiri- It'v; I'ldly in worcU rA; priCnn': to loii-
* tract Marriage; which th-Mri- r.< yn i.'i;»y [.<•!
* in the premises fuhll \tiili.".st our .Aj'i'-t.i- id
* 1.)j«pcn«alir!n therein (ir>t h'.t«i, yji\ i!ici(i>>i(.-
* h-.ive inaclr i» your hiimlilo rv'qu."-t, i:i:it \m
* Would of our apostolici.l lm icc and fu ••.ir
.-523] STATE TRIALS, IQ TIenry VIII. Ib'IA.-^Proceedingit relating to ihe
voucli^ale Vi>ii our ]3isf?ens;ition in the pre-
mises. W c tlitTclorc, oiit (A' our hearty iu-
[
52+
climitioii :inij ciiniest desire that peace and
cuiicui'tl slioiild evertlouii-hnndri'iiiuhi aiiioii^
nil thu J'iiitlir.jl in (.'hri!>r, l>iit inv>re Cbptciully
amon^ ull Cnihuiick kin;:? siiid priiices : these
ami otiier leu^^ons ii.s (hereuntu moving, in
coni])IiMiu;c with your leijucsC hrrein, do hy
* these prt-^enis oi our apostolical muiiority
' ch!«pe..('e wiili y.nt, »o tiiiit it in:iy he uHd i>
* hiui'iill Tor \o!i, any impediuieni ari&ing from
* your artiiiiiy hy reason ot tlic premises noi-
' wiijibtniiding, to contract maina^e ti.<;ether,
*' and in ii no contracted laulully and tVcdy to
' iiie and comiiiue: And ina«mjch ns perlinps
* you may h;ive already publickly or chindes-
' tinely dej'ucto CDntrnctcd Marriage, and con-
* simimated it hy carnal knowk-d^e, uc dj in
' sueh ca^e hy the same authority Tree ai d nh-
* solve yju or titherotyou troui censure and
' the sentence of eKcomnmnicatiun, which v<iu
may liiereliv ha^e incuned, and mc in like
munner di^|:cnce vith yt)i: herein, that you
* may be impo-Aerod tieely and lawfidly to live
' and coatnuic in :lie Mania^e de Juvto iXwxa
* contiacted, or locontract it anew ; and we do
' declan* and pronownce tiiat ail the children
' hum or to l;c horn fhjm this marriage con-
* irn{'!ed or to he contracieil, he, and he ar-
* C'Miiited legitimate. Bat our will is, that il'
* tlii>) .Mai'ria<:e was contracted dejucto before
* this Di^pen-aiion, lh:it a cimfcssor, to he ap-
* pointed hy hoih or cither ofvui, do lliercfore
* injoin you iomc penance, v. b.ich you aie
* hereby bound lo d.). (iivtn at Rome al St.
* PeLer^ mxler the seal of the ri-sherman, Dec.
* li6, 1A03, in the fir>ty'jarof our Pontiiicat.
* SiGi'Mi'Nnc s.* — Which Letter beini; hy us
Baltiiiizar de Cav>tii;I:onc as Apostolical Nun-
ri»>, and ;\lf'on«>us (ie l-'onsica, as ordinary of
the place, diligent iy nad oxer and carerully
examincfl, and hccan-e we li)nnd it as is af.;ie-
5aid jicrfeci and entire, without any colour or
Mtspicions of deceit, therefore hy the r.\iJi''.«s
desire of his said imperial and catholic m:.-
]!k:it.y^ both in his own, and in the name of the
nio.Ht serene Catherine r^ueeu of Knt^hmd, hi-^
most dear nunt and cnsm, in as much as it
{greatly concerned b<ith himself and tlic siiirl
queen, for tiie per[>etual remcmhrance thereof,
that the firesiid on^<nal may not be consuntcd
by tia)e, and that certain knowledi^c may he
had of the tenor and conlent«< of it as of(en as
it siiall be necessary, and in 'such places as hy
reason uf wars or the ha/ard of carriage it ma>
nor be safe to transmit or tru^t thuOii^inal
Dispensation, in compliance wi'.h the »'> rea>or.-
uble and just request of his said most sacred I many'cl.iuvcs and circunislanres, differ iVoin the
majesty, we cause the said Letter to he cojjird, [ {fuU, m> tliat it may be thou|;ht forged since the
lime of the questions moved concerjiinii; this
Matrimony ; as hy comparinj; ihcm toj;eihcr
in:iy he manifestly palhtred."
'i '!.!:« also was urged hy these Keasnns :
'* L That in ihe UcKister-Dook of the
Ihvvo at Home, no such breve is found, or
uiiv argnmeiit that such a breve was made.
3. Yhat likewise ueither in the C liar top hyfaicio.
mation of the truth of these premises, we
liu\e both to this present instniuient set our
hands and seals. Given at Toledo this 12th of
Dec. 1528."
In the presence of these most nnble and most
illustrious h)rds, Hear}' count de Nassau ; The
marquis de Zenete, lord hi^h-chambcrlain.
Don Juan Manuel, Don Laurence deGorrcndo,
Knights nf the Golden Fleece ; Charles de
Popcto, lord of C'haulx ; Ludovicus ^ Flan-
dria, lord of Prato ; Nicholaus Perrenot, lord
of Graiidvdle. All of the privy council to his
.^aid most sacred, most impernd and most catho-
lick majesty, who were specially called and
appointed w-irne!>»es hereto. Balthazar de Ca-
stij^iione, nuncio and apostolical collector ; Al-
phonsus, archbishop of Toledo. I Johannes
V'ergara, canon of Toledo, professor in divi-
nity, and by the apostolical authority appointed
public notary, who was present at the signing
and sealiof; of all the premises, and saw the
said witnesses subscribe their hands, have sign-
ed this publick instrument, and set my name to
it, in testimony of the truth, being thereunto
called anfl required hy liis said imperial caiho-
lick majesty."
Against these Dispensations^ the Jolloving Ob-
J rcT I o N s were used,
** 1. That the peace and unity bctwiit Eng-
land and Spain was firm before the granting of
the Dispensatum, which jrct was alledjsed us a
cause. '2. That the said Dispensation, as
being <:rounded on this pretext, must l>c held
surrcpiiiious, Henry 8, being then not above
!.'{, and consequently unable for Marriage,
which also if the pope had known beforehand,
or that otherwise it had been represented to
him, he would not hnve easily granted any such
Dispensation. 3. Because il was pretended
that IlenrA' 8 had desired the Match only fur
mainiainini; peace betwixt the two kingdoms;
whereas, (being then not above 13) he mustl>e
thons^ht uncanaldc of such thoughts. 4. That
though this Dispensation might once he thought
to have his force and vertne, yet seeing tlic
motive of granting it was grounded upon the
above-mentioned peace, and that one of the
said princes died before the solemnizing of the
saiil Alarriage, the cause of the Dispensation
must he held vi)id. 5. That, snppoMng the
Objection of AlUnity were taken nwav by vertuc
of the viid Di'^peiisaticjn, yet the Or.jrction </r
p-tf:'tcu honest aie was iioi cleared. 0. That the
llreve al.ove-mentioncd appcHfs h) the tenor
of it to contain many faMioods and suspicions,
and rarticulailv that the siile, inditing, as also
lran.<«ciibcd and publickly attested ; williiii: and
dccrciinz that to lhi» Copy thus fait li! -illy
tmp^^cribed und publicly noticed as untpie^-
tioiiable credit shall, in all places whcic it is
thoui^ht fitting to produce it, he given as to ihe
ori«;mul letter it si>!f. To all which both (d*us
do give our authoritative decree and sanction.
And lor the fuller and nioie certain coniir-
325] STATE TRIALS, 19 Henry VIII. lb 2ri,— Divorce of Cathurinaif Arragon. ['S2h
or Paper- Chamber of the kin^, no sutli Brc-ve • tvlioin-iie told piaiiilv, tiitu llie Marriage !>c:cin-
k> lAtHiit, nor oxberwuys, in tiie private Trea-
ties of the Marriage, any mention is inadu
thereof. 3. That in ihe date of the said Brtve,
as it ii exeiupiified, the year of our Loni ib di^
crepant from the vulgar account ; for wliorcas
fd to him ncitlicT huiii)iiri\blt', nor wL-ll-pleas-
in«; to Gml. .■\d<hng further, that hL'Cull^e ilie
baiil kiiif; Henry 7 appeared not mnrii indinrd
to tiie Marriage, that iic the said deponent in-
trcatcd him to piT>iiade liis !»on prince- I Icnry
the atilft uf the court of Ilfjme begins always to pmipst that he would not tiikc tiiC lady Cn-
from the nativity of our Lf>rd, tiiis seems to be iharinc to wile, uiid th;ii lie should renew this
a year before Julius was made Pope.*'
All whidi OhjectioDS were delivered to the
kiug'k pructor, that lie might answer to them.
Whereupon witnesses being summoned to ap-
prote^tatioii when he can»e to tlie crown ;
which aKo lie the said deponent helieveth uas
made. Notwithstanding, that nhen the Hull
of Dispensation was granted, that he the said
sthip of Carlile, sir David Ouen, sir John Ilus- j Thmuas, knight, deposed, prince Arthur and
sey, sir liichard Weston, knights, «^ith divci*s ' the huly Catharine li\ed ti\e nionlh!» partly
uUiers, presented tliemsclves to he examined, I abnut London, and partly at Ludlow, in hou>e-
hy tlic archdeacon of Buckingham, above- hold together as man and wife : and that he
: __.! heard .sir William Nvodal, who w:is at the
^rationed.
In the mean while, these two Articles were
added to the former, as serving to strengthen
die Objections above-mentioned. 1. Tluit the
year for pope's breves begins Dec. 26, and the
nsr for bulls the 25th of March. 2. That in
prince's christning, say, that he was ahove 15
at the time of his Mariiaire, and the lady Ca-
tharine elder. G. Sir Anthony Puynes, knight,
deprf>ed, that prince Arthur was aljove 15 at
the time of his .Marriuge. 7. Thomas mar(|uis
all Marriage s contracted within the kinisdom of i Dorse r, dc-posed, lie saw a liC^istor of the niiti-
RugUnd, I lie form hath been iji words, De
fraentif e^o accipio te, cVc.
Businesses being thus lipc for examination of
^itoeskes, the IX'positions of ti\o ancient la-
dier, who excused themselves by their infmnity
6um appcuriug in person, were puhlickly read.
—\. The tirst, beiug Mary cfjuntirss of Kssex,
laid little, but in general terms. 2. Dut A^nes
ibe old dutchess of Norfolk, who was present
at the Marriage at St. Paul's in London, declared
t£t age of prmce Arthur at the time of his said
Marriage to be about 15 ; and more«jvcr, did
puutivcly atfinn, that she saw prince Arthur
and the ludy Catharine, nioiie, in hed together,
tie next iii^h: after their iManiage. Which
llitrefore, as also a following Deposition of the
lacountcss Fitzwater, niriy serve to answer
Siudcr's tale, where be saitii, n (>ravc matron
«as put into the same bed with hiin, to hinder
tbc prince? from knowing her carnally. S.
George earl of Shrewsbury deposed, the M.ir-
Tugts was celebrated at St. raur!>, Decunu svpri-
m Uenrici Sepiimi, 1501, adding further, that
prince Arthur was born at W iiichister, sccundo
vitv of the kini:'^ children ; bv \>hich he fouixl
the prince' Arthur born St- ptember 20, l-tHO,
and that at the time of his .Marria;;e (\^hich
was ujM)n a Sinuhiy, .in Nnv. 1501, he was of .'t
good and sanguine complexion, and able as
he supp<)?fe<l for that purpose. 8. Uohcrt
viicoiint Firzwater deposed, the prince was
thfn about 1.'), Mid queen Caih nine elder ; anil
that, the next d:\y after beinj» in bed toj;eiher,
(which he remciuhcred after they entered to
have been solemnly blessed) he waited at
hrcakfast on prince Arthur, where ^L'^urice St.
Johns did carve, and he the lord Fitzwatc r gave
drink : at which time the said MHiirico <lc-
miuiding of the prince how he had dune that
nijilit ? The prince answered, I have been iii
Spain this night. 9, 10, 11. Thomas lord
Darcv, Wm. lord Moniejoy, and Henry (inlde-
ford, laiight of the garli.r, said lilllc hut by way
of piililick report. 1;^. Charles d«ike of Suf-
folk deposed, that he was in the l»iohop rU*
London's paliice the inorn)vv next foll(n%ini! the
day of Marriage, and that he waited there
upon the prince at hrcakfast, confirming more-
flrariri Srptimi ; and that he believed the I over in effect the v\oid» of Maurice St. John,
{^ce knew his lady carnally, both as being { before set down, i'urthcrmore, he added,
iiUe so to do, as also because himself knew his that the Shrovetirlc I'ollov^ing the .Marriage,
*iie being not sixteen. 4. William Warham i (which was in Nov. precedinii) the said prince
alp. of Canter bur}', being examined, protests ' bejiaii to decay, and grow fteble in body; *%hich
DM to re\cal any >ecrets of the (pieen, as l»eing - grew, hs the said St. John relited, hy reason
her sworn counWltor. For the re>t, as he an- the said prince lay \>iih the lady Catharine,
iwered warily to (he <)uestioiis propounded him 13. David Owen <lepoved, that prince Arthur
OMuexmug tiie vahdity of the Match, iiisomiich ' wiis horn at Winciiestor, sccnndo Hi'nricisepti-
Uai tie re tirred himself therein to the Judges, I f//i ; wh'uh he know, hrcansir he was at the
«luj were to determine it ; so yet he niiide no I chn^tenint;. ] |. Thinnns dnke of Norfolk,
il'Ccuiiy I o confess that he approved it not at ! lonl irciis<ircr of Knuiand, (h'jjo'-rr], that he
^al; which nlso he declared, not only in a i heinir the d ;y nf the Mairi.iiiie in the bishop of
r 'iitcstaii'iii which be had with Richard Fox I I.iMidon*s palace, anti tie morrow iifler, at the
lihbup of Winchester, who persuaded it, hut i priiic«V breakfast, heard the prince's words to
•4 certain words to king lieniy 7 himself,
Maurice Saint John, when lie said be liud hctu
327] STATE TRIALS, lOllENnYVIII. 152^.— Proceedings relating to the [52i
that niglit in the inid^t of Spain ; by wiiicli
words, as niso U'causc prince ArlhOr was a
gontlornan ot* a good complexion and nature,
nnd above 15, he believes that he carnally
knew his lady ; because himself also at the
same aj^c did carnally know and use : and he
believes this the rather, that he heard from
credible persons, that the said prince Arthur
did lie with the said lady Caiharirie 6ve or six
nighfs aftcnvai'ds. i.^t. Anihony Willoughby,
kni<>ht, deposed, that bcin); the morrow after
the Marri:ige in the prince's privy-chamber, the
said prince spake afore divers witnesses these
trords, * Willoughby, j»ivc me a cup of ale, for
I have been this niiiht in the mid^t of Spain.'
After which he said, * Masters, it is a good pas-
time to have a wife;' which words he repeated
also divers other times. Moreover, he heard
say they lay at Ludlow together the Shrovetide
next following. IC. Nicholas bishop of J",ly
said, he could depose n^thing concerning the
carnalis copula, but that he doubted of it, be-
cau«>e the queen often sub testwionio coHicientia
x'/^ said to this deponent, that she was never
canrilly known of prince Arthur, though other-
wise he must confcrss them both to be legil'vr.a
dttatis Rt the time of thoir Marriage. He
doubted further, whether the cardinals were
competent judges, an Appeal being made from
them. 17. lid. Sachevcrcl, knight, deposed,
the people said commonly, that it was unfit
one brother •'hould marrv the other brother's
wife. 18. Thomas viscount Uoclicfort, depos-
ed, that he heard divers of prince Arthur's fol-
lowers conlirm the words he usnl, of his having
been in Spain llio ni^ht of his Marriage.
More.jAcr, he henrfl s.iy, that king Henry 8,
was persuaded by his confessor, about two
ye.irs sinre, to abstain iVoiu the bed of tlie lady
Caihaiine, lest he»h()Uid ollend his conscitrnre.
IP, '.'(), C>1, C3, '2r>. Sir Kd. Weston, and sir
John Hiis^i'v, knights, deposed, the age of kinjr
Uenrv 8, wa< 33 upon the evr of the fca>t of
saint Peter and saint Vnu\ last ; which viscount
Koc.hefort also conlirmVI, saying tiie place of
his biitli wa.<> Greenwich, and the year was
MOl, and day the 28lh of ,fune : which Ro-
bert viscount ?'irzwarer coniimrd also, adding
that king Henry7dif.l two days before the
feast of saint Oeorge, '20 years ^iiice ; with
whom David Owen, stnant and counsellor to
king Henry 7, agreed, save only, that h:- said
it was three day-i bel'ore ilic feuht. 54. Tho-
mas duke of NorfwIU deposed, that Pedro dc
Ayala or A Ilea, and df)Cti)r «le Puebla, nmbas-
•tadors from S[)ain, were much in favour hcieto-
fore with Henry 7, and tint Hrnry 7 died be-
fore the Miirriai;(' lK.-t\vixl his son prince Henry
nnd the princess Catharine ; and queen Isabi'l
or Kli/.abi:h her motlurditMl also l.K'fore that
time. 2o. Win. Wnrhani, abp. of Ciiaterbury,
and counsfllor to Henrv 7 and Henrvlt, for
i\6 years last past, deposed, lint he conceived
Hcurv 8 to be under 1,S. at the time of l)is-
pensation erautcd ; because king Henry his
fatlicr told liiiji that lie was impuUt after tliut
tiine. Whereupon this deponent reply *d to the
king, that any Protestation be should then
make, would Ik* of no force, and thcixture he
should make il again one or two days after his
coming to annoi puhfir talis* 26,27. Charles
duke of Suliblk, and Thomas marquis Dorset,
examined again, said little but what was for-
merly set down. 28. Pe<iro Mates, Utrinsgue
Juris Doctor, native of Barcelona in Spain,
w ho had lived in the coart of Rome SO years,
in exercitio causamm, deposed, that the date
of years there is computed after three divers
manners ; so that Judgments, Contracts, aod
hist Wills, bear date from the nativity 25 De-
cembris ; Literc Apostolica sub plumbo 25 of
March ; Liters Aposlolict per Breve tub an'
nuio piscatoris, ccrer- rubett imprrsso scribuntur
siinp/icitcr 4" absoluftr absque cxprcssione ipsiut
Domini aut Navitati^, aut Incarnatio-iiSf sed
udmn Anno M, JJ.^c. Yet so that he con-
ceivM it began aliTKvs « Nativitnte^ sciticel 25
Di'ccinbris ; neithei* doth he know any thing to
the contrary, except the pope's secretary alter
the stile. 20. Nic^daus Uusticus of Lucca iu
Itulv, saith that Annus Domini in Jirevibus
Apostoiicus iscom))uted from the nativity of our
Lo«l. 30, 31, 32, i;3, 34, 35, 36. Thomas viji-
count Rochcfort, Henry Guiltbrd, knight, 1'ho-
mas marquis Dorset, Thomas duke of Norfolk,
Wm. Falke Notarius Publicus, JohuTavenier,
and John Clamport, being examined, deposed,
that the forms of marriages arc always in ver-
bis de pra-senti, in England. 37. The lady
Elizabeth, wife to viscount Fitzwater, dt* posed,
that she saw the lady Catharine and prince
Arthur in bed together, which was blest, and
(h:it she left them alone together.
Hereupon the Depositions were published,
and the king's proctor summon'd to receive
those acts nnd writings he deliver'd into the
court : bur h-j not appearing, is pronouncitl
contumacious.
The coiiunissioners yet proceeded to require
the sight of the Archiva, and Record concern-
iiiu this buMuess ; tor which purpose Thomas
Wiioihesly, nnd Thomas Tong king of anns,
hid bet (I employed : these men certified that
prince Arthur died in the castle of LiidloV the
2d of April, 1502, and that his brother Henry
was born the 28th of June, 1491, and that the
Marriage betwixt piincc Arthur and the lady
('atharine was the 14th of November, 1501.
1 his being done, a Depot>ition of Richard Fox,
bishop of WincbesttT, taken by doctor Wool-
man, April 5th and 6th 1527, was read. Tlie
nio»t substantial part whereof was, that he
conceived doctor Puebla did first motion this
Match, and that nmre than one Hull was im-
peirati'd for dispensing therewith, whereof two
remained in England, one or two were extant
in Spain, but all of the same tenor, mid gotten
without nskim: the consent of He-nry 8. Fur-
thermore, that be did not remember that
Henry 8 when he came to ape, did expressly
consent to, or di«sent from the intended Mar-
ri^^c, yet that he lielievcd that a Protestation
was made in the name of Henry 8 to this ef-
fect : TImt notwitlistttiidiug any contracts or
j29] state trials, 19 Henry VIII. \j29^.— Divorce of CathanncnfArragon, [330
tokens mutually sent, or cohabitation in the
hi>UM' ot king Henry 7, he would not hold him-
wit* bound to nitific tiiis act done in his non-
w^ ; and that this Protestution is to he found
inter prodh-olla Magistri lij/den, then clerk to
the council, before whom it was ma<le. As
for the person liy whom this Protestation wns
made, Cvratn Alagistro Ri/den Notario pnblico ;
crtdit quod ret iptemety rei Mu^ister Thomas
Rut ha tunc Secrelarins Domini Re^is, cS* poS'
res Episcopus Duneim, vel Mr. Doctor West
tunc cmuiliarius ejusdem dennni llegis i^- nunc
Episcopus Eliene, Jtcit ctindcm protatutioncm
wmine domini nosiri Regis Ilenrici Octavi
tudemi ; pnesentihus tunc ibidem Comitc de
SHrrey tunc Thesaurario Angiiar 4* postca Duce
KinfolciiP ac domino Doct»rc Peoheltfti^ iV coram
Mfpi-dicta ciarissima Domina Cathatina. ut
recoiitf ac infra JEdes Episcopi Dnnelm. ru/-
sariter nuncupat. Diiresme-plare. Adding
Iqrther, that our king was nut prc>sent there,
that lie rennembers. rurthennore, that upon
^inference h:id betwixt Henry 7 smd himself,
he found it was the intention of that kini;, tliut
Qis!h>n Henry sliould marry the said lady Ca-
liiariiiey altimieli he defcrrM the solemnization
of this intended Matrimony, by reason of some
discord which was at that time betwixt him
aod the king of Spain, tor the callini; back of
(be dowry. He added moreover, tint kino
Henry intended not (that he knew) to marry
the mother of Chnrlc>s 5, but his aunt Margaret,
(lutchess of Savoy.
This Examination being complcat, and set
down by Andrew Smith, notary, the sai'i doc-
tor Woohiian required him to subscribe his
Land ; which was refused by the said bishop,
kth because he was blind of both eves, :is that
be nra^ not admitted to take any counsel or
^rice about it. Out doctor VVoolman pressing
inmon the kings part, that he should subscril>e
Uname, he at last assented, out of the rci'er-
t^Tice lie bore to the king, and tiiat lie never
ojniravened him in any thing. Whereupon
be ^uUcribed his name April 8, the year aliove^
ntniior.i'l, being 15'27. At'ter which alsoano-
iber In^trtiment of tliis tenor was pntdnced.
** Au;;nbtimus Spinola, Priest, Cardinal St.
SriacL in Tht'rmis, and high chamberlain of
ti^ holy church in Itorac, to all and singular to
*iyiin these presents may pertain, heidth in
ttt Lord. It is not only agreeable to reason,
bji a pfjint of honesty, that when enquiry is by
iny persons made into the processes of the
Hopes which have been written, reiri&tercd, and
tnitTed into their books, and preserved in their
Kriuves, that a true and just account of them
:boold be civen : for which reason we do make
known and tcstifie to every of you, by tlie
tcnrir of these present^ that in the Rooks and
Rceiiters of the Apostolical Chnmber, to wit,
'Aiiie Book of ilie liegister of the breves of the
K 9nd and 3rd years of J*ope Julius ?, of
l^jipy memory ; we have seen, and read a
'main Apostolical Letter in form of a Breve
'^ ihe Slid Pope Julius 3, registered according
itiushjfn, the tenor of which in to this «iVcct.
* To our mo«t dear son in C'lirist, the nioit
illustrious king of Knglund, health and apos-
tolical benediction. Most dc:ir son in C!hrisr,
we have received your highnes.-cs's letters, in
which you gi\o us iluinks tor so graciously re-
ceiving your ambassadors, for granting ihcin
such ready audience, giving them such kind
answers, and bcbtowing upon them other marks
of our grace and favour. To esteem so highly*
most dear son, which light favours is the etfect
of that piety and gratitude you have never
failed to sliew. We have indeed already made
manifest both in our words and actions, us far
as we were able, our good aiVection to you, nor
shall we ever be backward to manit'est the
same in more instances, il being but reason-
able and just so to do, on account ot* your
highncss's great zchI lor, and particular devo-
tion towards us, and the Apostolical See. As
for the Dispensation in the point of your Mar-
riage, it has never been by us denyed, nor
haie we ever given any just cause to suspect
thtit we woulrl deny it, as some have basely sug-
gested : on the contrary, our answer has been,
that we wait only till a more seasonable and
proper time shall otfcr itself, that it may be done
more to the reputation of both parties, and to
the honour of the Holy Sec than now. When wc
shall fuid this more proper season to grant the
Dispensation, as we have determined to grant
it, we do purpose to »end it (as a thing of great
trust and moment) by our beloved son Dr.
Hobert Sherbon, dean of St. PauPs I<ondon,
one of your ambassadors, who together with
his extraordinary learning, has given evident
proofs of his modesty, fidelity and diligence,
and this we chor>sc to do on two accounts ;
both that it may by him be conveyed with
secrecy and privacy ; and besides that, wc
may farther recoinmvnd one ot h>s great caiia-
city and integrity, as a person whoso fidelity
and services may be of further use to your
higliness at liome, since the disagreeablcness of
this air to him, and the exces^siveness of the
heal make it impossible for him to continue
longer at Komc without ha/ard of his life.
Given at Rome at St. Peters, July (5, 150 i, in
the first year of our Ponliticat.*'
Letter from the Pope to King llcnrj/.
The rest, having little material, save that
mention is made how tlie Cardinal Sitncti Petri
ad vincnlu^ the Popes nephew, was made Pro-
tector of the Knglisli, I have purposely
omitted, that I may insert another Letter of
the Popes of Zi Feb. 1505| the tenor whereof
is this :
" To our mo>t beloved son in Christ, the
most illustrious Henry king of Kugland, health
and apostdlical benedict itm. We have l>cen
informed by ourbolovcd son jn Chri«'t, theCar*
dinal St. Petri ad Vincula, the Protector of
you and your kingdoms, and our nephew ac-
cording to the tiesh ; and by our venerable
brother S\lve<u.'r bishop of Worcester, \oiir
highness*s aiiiba:>sador here, that the Letters
of Dispensation in the point of JO ~ "'age,
331] STTATE TRIALS, 19 IIeviiy VIII. lj2$.^Proceedingarciaimgtoike [332
wliicli thay have so long solicited in your hi^h-
j)c>M>*s imiiie to pr(K:ure, liave already been sent
to you from Spain. Know theretbre, most
dear boii, that at tiie instance of the foresaid
cardiuul and bishop, but in respect wholly to
ycAirselfy wo did grant the said Dispensation,
and in consequence appointed our Bull under
the seal of lead to be got ready to be sent your
liij^hncss in due time hy the foresaid cardinal
and bishop. But whereiis Elizabeth, of glo-
rioui memory, most C-Htholick queen of Spain,
perceiving licrself to be now finishing tlie
course of her mortal life, did uiih irriat ear-
nestness, and mo^ pressing instances by lu;r
ambassador, most humbly entreat us, that we
under the iiaud and seal of his olTice the 87lh
of Jan. lyVJ.
In eequenrc whereof, the commissioners
look oath of tlie kings of arms, that tJie copies
they delivered were true, appointing further the
next Wednesday, ad concludendum^ Upon
nhich duy (being 21 July) the commissioneni
being sate, John llu^hch, promoter, appeared
bclore them, and signified tiiat there is found %
certain Protestation made by our king, when
he came to ripe years, in the presence uf nota-
rifs and witnesses, and subscribed with tlie
liand of the said king (at tliat time prince of
Wuica) and some counsellors of king Heury 7,
\vhi( h he said were much to the purpose of the
would vouchsafe for her consolation to grant business then in qut'stion. Whereupon tho
her a copy of the said Lttter, that beii>«; by coniinisMoncrd rec(ivcil the said Protestation
us fully sutisfycd of this Dispf^ nb.it ion, she uiii;lit in prahuitiu diii Mu^i&iri litem di Sampiun
to her great comfort depart this life in peace ; J I'mcuraloris i.'c^ />, »}- in contuntucium licgintt ;
we thought it a piece of Chii«tianity, and an
indispensable part of our paternal love and
aifcctiou toward her, to coniilv with the queen's
earnest request at a tune she was ex^Miin^!, in
communicating to her the knowledge of a tiiini:,
which even to the commonest and mc»Mi-st of
of her subjects, would give com tort nltl-j and
chearful hopes iVuin the pro«peot of ^io near :iu
allyance uith y<mr lii<;hncsA ; especially \^ hen
her ambassador promised the grc<itcsi fji'hluU
ness and secrecy herein (v\hirh promise \>c iwv
greatly gneicrf and troubled that he hath
broken.) Tlic Oiiginal Bull wejwlucd meet
and convenient, to keep by us till we have an
opportunity to send it voiu by the s'.une our
must dear aud most fHithtuI bishop of W orce>-
ter, together with the sword which we thou^^ht
fit to present your hiuhncss for your singular
piety, and tilial obedience to tlic Holy Apos-.
tolical See, at wlmh time your hi^shniss will
receive more perfect intonnat ion, ;is well of the
reason of our delay ine hiihcrto to yem\ tiic
Bull, as also in some other aA'airs with which
we have intiuitcd him. Nor on«:lit vour nia-
je.<-ty 10 wonder, that we have not communi-
cated before any th-iii; hereof to our cardinals,
or your majesties aintiassador, since we could
lieverha^e thought it possible, that the uni-
bassa<tor of her said majesty should ha\e
herein thus decci\ed us, and that the said
I^ettc rs of ni>pens;ition should be transmitted
to you from Spain, the Copy of which we
granted only for the consolaiiun of the said
queen, who thus Vaw at the point of death :
and not denyinL! them to your highness for
want of inclination, which we with great reason
have, to gratisir vnur dcsiro herein, who Irive
fo wlII dcsLrM'l of iir', nnd »if the Holy Cu-
thohrk C'hnrrh, nor nut of diMnist or disies-
pect to tl:e said (.'iirdiiinl or bishop yo;ir ani-
ba-bsidor, of w'h'i^c lule'ity anil dili .v\w in
piMiiMting your atiair^^, we are ah-ii:il.i<<tlv
Kiii-fvi'l. (iiven at Komo, at St. Pticr'«i,
IVh. 'J;j, luO.'i, in the second year of our Pi-U'
liticat."
And that tliepe arc iiuc copies, Ausu^tiniii;
Coiinnaiiding luither, that it should remain
pttnis acta sua. The. it nor of which protet-
tatiiHi iathua :
Iuii<; llctttyi Puoi rsT vtion agaimt thcMaUh
btj'orc its Conaummalion,
*' Fn the name of (iod. Amen. In the pre-
senrcofyou thu Reverend Father in Chri&t, by
the gnice of (J (id, and ta\our of tlie Apostolical
^et:', Uieh'.u'd lord bi.sliop of Winchester; I
Henry prince; of Wales, duke of Coniwall, and
caW of Chester, do say, alle-dge, and by this
writing set iorih ; that althougii in my mhioritj
and l-'Ciiig not as yet arrived to ripeness of age
for giving my consent, I have de J'acto con-
tracted a Marriuge with tlie most sereiio lady
Catharine, daughter of t lie king of Spain, wliich
contruct, although it be of itself invalid, iin-
perll'ct, and of no eifect and force, by reason
of liiy said niiuority ; yet l>ecause this coatract
when I hliall conic to age and years of con-
sent, may appear and scem \alid, and contirm-
ed by tiu'it consent, mutual cohabitation, giving
and receiving tokens and fsilts, or any other de-
terminate way ; for these causes, I the fore-
said Henry pi incc of Wales, now nearly arrived
to maturity of atie, and being just at yean of
coii.sent, do hereby Protest, that by any thing
T>aid or to he said, done, or to be done, I do
ncit intend to raiifie, coniiim, or make valid the
said pretended Contract of Marriage; but by
these piescnis, being thereunto moved neither
by force, crait, nor intreaty, but voluuiarily,
freely, and wiihoat any cumpulsion whatever,
i dit renounce and dibdaiin the said Contract ;
and do resolve and intend by the most power-
ful means, in the niofit significant tornii, and
most etVectual manner 1 can, to renounce, dis-
claim, and (li^^ent from the said pretended
Marriage Contrart, as the siiue is hereby re-
nounced, di<>r.'luinie(l, and di3.>-cntcd from. And
I farther prot(•^t, th.it by any word, dee'd, ac^
ti'in or behaviour, said or done by myself, or by
any other in my name, or to be said, actecU
di::c or j)erforined hy any person at any time,
111' ill any manner wh:i(soevei', 1 do not cfinsent
Sfimohi, at the instance of kint; lluniy 8, nnd t > the s:iid Alarria^c Contract, or receive ibtt
by iliccouiuiandmcnt of the i*ope, did ccrtiUe • > lid lady Caihermc as my lawful spou»o and
■33] STATE TRIALS, if) Hf.xrv VIII. \52S.^Divarcc of Catharine of Arragon. [S3i
nifc ; to all «vhich premise^, tliis mv testimony j I'liomus duke oi' Norfolk, the bibtiop ol' Kly,
is given, set forth »iid published hy iih\ llciiry ■ :ind divers other porsutis.
Prinreof Wales." ' j And ihua iniich out of ilie Record formerly
The above written Prutcstntion av:i9 iniwlc ■ mentioned; whicli I have with more port iculii-^
r.nd rend by the most scrcnu piince the lord '• rity »et down, in thut it is s>u rare and unusual
Henry, lieture the reverend father in Ciiriat, a case to find a princt' submit himbelf, in his
Richard lord bishop of Winchciiter, who then own kiirgdom, to the Judgment of two pi-rsons,
sat judge, and heiorc me the undcr-writtf>n whereof one was a suspected stranjrer, thu
ntiiary publick, who took it in writing, in the
prc&ence of the under-written witnc^^es, in the
year of our Lord 1505, in the eighth indiction,
ui the second year of the pontificat of our most
holy father in Christ, by the Divine providence
Jnbas S, pope, on the S7th day of June, on
which day his mr>st serene highness the prince,
was entring upon years of maturity and a^e of
roflsenc, as he there asserted, in a certain
pound room, under the roval palace of Rich- i imagined
other, in birtli, but of the meanest of his sub-
jectit, and after all tliis, to receive no other fruit
hercMif, but delay and insutibfaction ; as a]--
peurs not only by this abrupt di^miftsion, but
l)y a sudden tulvocation of the cau^e, to the
[>ope, inhibiting further proceedings here (as
will appear sliortly after ;) the consequences
whereof extended further yet tliaa our kinj;
then thought, or the pope could easily have
These Proceedings were subscribed by tlie
notaries Wilham C'laybnr^h, doctor of both
laws, Protonotarius Apostolicus, Florianuii
Montinus, and Richard Watkins, who acknow-
ledged the rasures, interlineations and Hues in
the margin, together with the number of the
leaves in the parchment bo<*k (Ijeing 69.) To
which alao Letters testimonial from Nicholas
Wi)tton, doctor of the law!»y and the bishop of
Louf ion's oHicial, having the seal of the oflice,
were* annexed. A Iter ail w hich a Dispensation,
written by a later htmd, and in loose paper,
wnb found in the said book. Though that ulone
should not have induced mc to publish it, had
1 not seen it alri^ady printed in a book called
,Anw-.^nndenis, and met in our archives some
(iispatclies that make it probable:
The hull for a new Dispctisalion.
" Clement bishop, ser\ant of the »ervniits of
itud, lo our most dear son in Christ, the inobl
Bond, situate in the wc^stern part of the said
palncc. Concernipg all which, ami singular
dM premises, his said most serene highness the
prince, instantly ordered and demanded of me
the laid notary, to draw up this pnblick Instru-
ment, and the under-written witnesses, thereto
to bear testimony. In pn)of and evidence of
til wlijch things, and every of them, his said
na/t serene highness the prince, and the wit-
omes, as is aforesaid, being thereunto called
and required, set their names suhscribiMl %vith
dm'r own hands. The truth of alt which, 1
John Read testific, by setting tliereto my hand
md seal manual. 0. Dnubney, C SonuTset,
Tliomas Rowthale, Nicholas West, lUury
Mimy.
.•\mnng ivlinm Nicholas West, above-named,
new bi<>liop of Kly, in presence of the rommis-
iijner*, acLuonledged and ruufcsiied, that iliib
Protestation was &nbscribed with his own hand.
^Hicreupon the rtmmiissioners, in contumaciam
Xp:.ifi4', didj in the presence of the abnvc-nun- j iilustrious Henry kin^ of Kni;tand, defender of
tioncd prrK^or, continue and ])rorogue the <'oiirr, ; the faith, health and apostolical benediction,
till Fnday next following, warning the Diiid Vou havecau*:ed to be hii.i ix-fure us, that hcrc-
£foctor also t«) be lliere. Upon which thxy, tofore yon, and our l.elove<! daughter in Christ,
fine the 23d of July, the c<»urt beinii set, the • Catlicrme, wid«iw of ^ * "^^ your own brother,
ynjmoter ub«ive-inentioiied siirnificd mito the ! knowing the relation that was between you, of
aNnmiftftioMcrs, that all that Mn<« requisite for the fir.'it degree of atlin ay, did (/f^/r/c/o conir.ict
Hit instruction and infonnation of their nndrr- Marriiiiie in vtonU,// - /mfM///!, and did consum-
stauding and conscience*, had been judici:iil\ j niate the said .M:iri-i;i^e bv carnal knowknlge,
prripns^ and exhibited to them, and remaincii j arid fnjin tlicnce had fhildren born, having no
a their custody, and that therefore this day | si'lVirient canonical DiNpeiiv-iiion granted you to
•a« nAUgned, »iid appointed for conchidin<: the • (hat crUet, inriirrini: therefore the Sentence of
Uaioci'S. Notwithstanding because c;inli:ial . I'Acoini.iunicalion: And whereas your miijesty
tcinpejns alledred and protected in verhu nn I «ho cai.r. jt wiihi;-.it mu h\c in the said Mirriitge,
frf/ci/i, rhnt a certain genend vacatir)n, which i doe*) desire to e intiniic nn longer in ilu: said
HetennCfl Ftrias generates iftemu lit A- vindt.f.i' > .^in, nor li-.Mii»diT the sentence of evconnnuni-
wwii, was chsen I'd ill tlic court of Konn'e\ cry ! caiion ; bi:t l.y »o;ite coni|ieient ecclesiastical
ywr, l»efore the said Friday; and bcriuise he jndjie, to rtcfiic the l.cuL'fit (d' absolution from
aid his c«>UeB|?ue were bound to follo.v the I the irind >tnioi:<'C of e\L-(iinnnniicjiiirin,and that
itk- of the saiid court in the process of the' the Marrii':.- itsi If sli.nid be dechired to have
'biviMnenCionC'd Cause; therefore th'? said j been, tin;i ^till to be null and in\alid, and that
itil2t», in the prf-sence of the kiiiK** proctor, ] it is, un«i uvi\ hi* hiwful tor you to mnn-y any
M in contumaciam R^fiit*4r, <lid pn>niKiie t!ie . othrr wuii.-.m, any cniif.n to the contriiry nnt-
(onciu^ion of this biisiiieft», until th(> fir>i of . \\ith«t:indini!« 'ind tiiat in con»ri]iienee of Mich
'Jtl>U-f next following, warning the king's , d'cl.irannn (•!" J i-.c nullity of tlsc >ai«l Marrinjie,
p**>^or then to appear, and n-reive a roncbi- yni iiia\ in- di-^.l■ll^r■d with, lau fully to marry
■w of ibis business as should lit* acconlin^ tD < :<ny otin r wo!n..n, :iiid uiih her in nKn-iia*:<'
''^ti^e. All which passed in the prcscice of iVc<ly to iivc; aul lawful is&ue by her to ha\(.
S.J3] SrATi: TRIALS, 19 Henuy VIII. \d29.— Proceedings relating to the [35(5
tikli<'>n"li blie muv b<; one who has already ooii- f
tracU'd Miarriu!;i: \>ith some other person, pro '
vided «hc hulh not cdiisuiiiiuated it by La.'iuil .
knowUdkie; and although she may he rclutcd
to yuu ill the bccoud or more remote decree ol'
conbangiiiniry, or tirst degree of utfiiuty, either
from iuMf'jl or iorbiddcii wedhick, provided bhc
be not t!ic widow of your said hroihcr, and al-
though she may h? related to you by any other
legal or spiritual atlinity, whereby an impcdi-
lUCiU may otherwise lie against you therein, in
the common course ot'hiw aitd publick jii&licc.
And whereas yonr majesty has lurthcr laid be-
fore us, that it is evident from the Chronicles of
your kingdom, that many grievous wai-s have
often arisen in your kingdom, that all Christian
peace and concorti hatli been violated and dis-
turbed bv traiterous and maliciocis men, out of
their detestable ambition, and wicked desire of
power, but under pretence thai some of the
children born in jubt and lawful marriage of
some of your predecessors and forefathers, were
illegitimate, on iiccount of ^ome impediment in
the said marriages, by reason of consanguinity
or affinity, whom under pretence of the said if-
legitimacy, they have gone about to exclude
from the Succession, from whence has followed
most miserable destruction and bloodshed, both
of princes and nobility, as well as of the com-
mon people; on which account your majesty
has supplicated us, that of your apostolical
grace and favour, wc would xouclisafe herein
to consult the peace and quiet of your kingdom
and subject!!, to obviate these urcat miseries,
and apply fii<i>)g remedies to the aforesaid
grioaiices. We who favourably listen to, and
as far as with a safe conscience we may, rhcar-
fully comply with all petitions, e>pccially those
which concern the safety of their souls, which
wc at any time receive from Christian princes,
especially from your majesty, by reason of the
manifold marks of affection and kindness yon
have alway<« shewn both to us and the Apo^to-
lical See, over which by the Divine permi!>:>ion
we preside, which you have not ceased moat
courageously to maintain and support, us well
with vour power and sword, as uirh \our learn-
ing and pen, from the most v%ickeil attempts of
nefarious men, who partly by force and ()j)en
violence, partly by crall and subtle doctrines,
endeavoured to undermine and oxt-rlhrow it;
for the foresaid, as well as some other reasons
us thereunto moving, in compliance vx.di \o(ir
Petition, we from our aposiolicul autIiorit>, by
our certain knowledge, and out of liic pl( iitiude ■
of our apostolical power, by the tei;or .if these
presents do di^pcnce with you, that if your con-
tract of Marriage with the »aid Catherine, shall
l>e declared to have been, and still to he null
and invalid, and you to be lawfully freed fruui
the bond thereof, that then it niav, and i^ law.
ful for you to marry any other woman, and any i
other woman to many you, provided she be |
not thereto by you compelled, althout;h she j
should be one wiio has ahcudv coutracted iMar-
■
ringe with some other person, provided she
hath nut consummated it by carnal knuwledgc.
and althouph she may be related to you in the
second or more remote degree of consanguinity,
or tirst degree ol'allinity, cither from lawful or
forbidden wedlock, provided ^ho be not the
widow of your said brother ; and although she
may be related to you by any other legal <tr spi-
ritual nliinity, whereby an impedinient may
utlierwi.^e lie against you therein, in the com-
mon course of law and publick justice : and if
such Marriage i.^ contracted, that you may law-
fully continue and remain therein, although it
should be so, that this Marriage was co|)tracted
deJ'actOf by you either openly or clandestinely,
and by carnal knowledge cousummated before
this Dispensation was granted, determining
further, that all the cliildren born, or to^ be
born, from tliis marriage, be, and be account-
ed legitimate ; any prohibitions of the divine
law, constitutions or ordinances 3 whatsoever
declaring the contrary notwithstanding, viliich
wc <io, as far as liy our apostolictl power
wc niav, disannul and rescind so far as theT
• • • •
may aflect this special particular matter now
before us only, lea\ ing them in all other regards,
and to all oiher manner of purposes in their
full force and power. Strictly enjoyning, and
in virtue of their canonical obedience-command-
ing, under the threat of Di\ine vengeance, and
under penalty of Anathema, and other ecclesi-
astical sentences, censures and punishments,
which wc do now for that time pronounce and
publish, by the tenor of these presents, that no
person whatever shall presume or attempt to
allcdj^o, propose or object cither in open court
or in private discour&c, any impediment in tlie
Marriage which by the tenor ot* these presents
■you shall contract, or to si)euk or act, or attempt
any thing in word or deedagain&t the legitimacy
of the said Marriage, or the children whicli
{•hall be born of it on any insinuation or pre-
tence ofmairiagc pra>contractcd, consan}:uiuity
in the .st'i'(>nd, and more remote degree'of afli-
nity us aforesaid in the first, or any other spi-
ritual or \v^i\\ Hfiinity in the common course of
law and publick ju^uce judged an impedinient.
Let no mortal lunn therefore presume to con-
iradirt this our Wrie of Dispensation, Decree,
Ordinance, Iniiihiiion and command, or with
presumptuous boldness in any wise to gainsaj
It. And if ai.y one shall presume herein, let
hiu) know that l.e aliail incur the vengeance of
the luernal Ciod, ami of his holy apostles St.
Piicr :intl St. Taiil. Oi\£ii in our ciiy of Or-
viei:ui, in the \car «>f nur I<ord 1J27, 16 Ca-
1< ikU of .lanuury, aM<l in the (ill Ji year of our
Pontilicat.*'
W'ljile these l}:i:ii;<> passed thus in England*
the ([iiLen fuuiul nieana to inl'orm the lady
iMuiLiirct, recent »)t ilu* I.J\\-C.IS.ntrie:^, of the
ulioh' proLc.-:*), witvi llii-iriipoii scuds %^ord of it
toCharIc? and 1 ciclii-Mi«I, iiitreating them to
a'..*i.->t ihtir i.oiil ; wiiikli ihey accorded, dis*
purtjiiHit: llieir oL.t 11-9 ti> the Pope, whom also
the (pieen ton tMUt1.1l Iter proctors in tha
r<jurt of Koine; ^iviU;; tiicm Commission to
tender to the Pipe a Cop> of the Bull, Breve,
and hti* Dechiruiion ili.a she was never ca^
357] STATE TRL\Ii5, ID IIenky VIII. \52^,— Divorce qfCathtrincqfArra^on. [33S
nui!y known hy prince Arthur. Shoi-tly after
tthii.h. the fluid orator^,, in tiic (|ui-en's nuino,
uuide a Prote&cition u^uinsc the two Ic^att's
MOW in England (every pn^u viOtM^rihc-d W\\\\
'[uecn Catliarine'b ov^ii h^nid) iutreutin^ the
I'ope tu udvoke the Cause, tu annul the pro-
ceedings in England, to warn the king to debi&t
111* »uit, or At Teitst lo try it at Kome, &c. or,
o^liL-nvLsc tlmt they ivouhl seek their remedies
vl?»eulicrc. The Pope being thus pressed at
Kume, and having now concluded the treaty
«ith the einperur at Burcellonu, July 3rd, 15'29,
iii«ut three weeks l*ciore the Cause was pro-
ruj;ucd by Camprjus, could no longer, either
u<th safety ot* his person or dignity, favour our
Liii2 ; 6o that what excuses soever (in the fre-
quent flisipsitclicf lie made about tliis time) were
given tu our king, yet were they little more
tlian compUinent and evasion, till, finally, dc-
clariog hiiubelt' inure openly for the emperor,
be siened an Advocation of the Cause to hini-
Mlf, inhibiting further proceedings, under great
penalties. And herein (as our agents did oh>
lene) the l'ope*s principal ministers did not n
little concur, that the benefit of deciding there-
of might fall upon lliem. In vain therefore
did our agents (being sir Gregory Casnlis and
I)r. Bennet) both by representing the defection
of our king from the Roman bee, and the ruiiie
of the cardinal of York, labour to stay these
proceedings. For the Inhibition was brought
into England, about the beginning of Septem-
ber, the king then beine in his pn>gress ; and
Ucaiise it was sent to the queen to make her
Itntfit oi it, the king (by Stephen Gnnliner,
uow his tiecretary) sends to Woolsey, to pcr-
made the queen tn let this Inhibition (or, as
i.e kAU it, a Citatory Ix'tter; sleep, it nintain-
'-'.' matter prejudicial to lii» pei>on, and not to
U jiubli>bed to his subjects: and that it will bo
KtmciMit I'or the ceissation of th? process th:ii
ilie Pope by letter to Woolsey (July 10; hail:
siimtied hik Advocation of the Cause. Ne\er-
liieleM^ if the queen will needs have tht* Fnlii-
lnuon executed, then that it should be pri\ily
ciecuted, upon the two legates, (rather than lie
(iivuleed in Flanders;) which it seems was done
vcordingly. llowbeit, shortly after the Ad-
Txation wofl granted, the J*ope, eonccivin°
UiaC the censures and (lenalties mentioned in
1
the apostolical See, in which Cause perhcqis
some process liub been made; since which at
the instance of our mobt dear son in Christ,
Charity most Catholick king of Spain, and
elected emperor, and his mohi Calhitlick queen,
as well us for some other reusons us thereunto
moving, we ordered the said cause to be brought
before our ownselves, and restned the deter-
mination and'dccision thereof to ourselves, and
the sacred college of our most veneiiilile bre-
thren their eminences the Cardinals ; on which
account perhaps an Inhibition has been ^iven.
Now whereas \i e have heard that this Inhibi-
tion has been executed, and that therein arc
mentioned se«'eral Censures and Penal lies ; we
whose intention it never was, nor is tu subject
your highness*s person, who have so well de-
served of us, and of the apostolical See, to any
censures or penal tie:} w hatsoe\ er ; do hereby
signifie to your highness, that those censures
were inserted into the said Inhibition by our
judge or commissary without our knowledge,
and contrary lo our inclination : wl.ich Cen«
surcs therefore, and (jcnalties so far as they
may concern your own person, we do hereby
rescind, declaring them to be null, of no power,
efficacy or validity. As tor the ('ause itself,
we will that it be suspended till Christmas-day
ne\t ensuing, and it is by these prtMMits till
then suspended. And herein we have i\'i\\\i all
that we could with a safe ccmscienee, in favour
and aiVection to your hiiirhness, tltit as we arc
assured that you have for conscience sake pro-
pounded your e-.ise, you may have time duly
and carefiilly to consider an affair of so great
moment anJ importance as this is, and thereby
settle it, wilhouc the vexnti(»n and trouble
which suits of law injiendcr and produce, to
the great comfort and quiet of your mind ;
wherein you shall never t'^iil of our aid and
assi^lance: In the mean time, we do exhort
vour majesty in the Lord, that for the sake of
eonseience, you ^^ouId not Iea\e the queen, but
till tlie&e things shall be deiermined, comfort
aufl eheri^h her with the lovt* and affect ion of
an husband, as we trust, vour l.i^lnus*« of vour
great piety aiul goodness will do. (Iiviii at.
Ifomr Aug. '29, ISilO, in ihr si\tli \r:ir u\' our
Poniihcat."
Before yet tliese IJrevos were «<ent, tin* Pope
wisely considering thtit by the dlhgmce of <,ur
lite Inhibition would not be well taken by our
kug, dispatched a Breve to him of August '21), agents not only tin* first Minutes nf them wim>
«luch, fcir the Ijetter satisfaction of the readL-r, sent to F.ngland, but aUo liiat lii> 'IVcaiy wifli
I Lave tliougbt tit to transcril>c out ui the ori-
|:.nal and insert here.
Jkt Pope's Brerc to the King of Knglmnl.
*' Most dearly beloved son in Christ, hen 1th,
he. A cause heretofore depending between
four highness and our dearly l>eloved dati^httT
ittCtTiat, Catherine queen of England, of and
■^ooceruing your Marriage Contract ; \\i% at
ti«earne«t requei^t of yuur ambassadoi-s, coni-
Kiticd the said Cause w be deierrninefl by our
tekntd M»ns, Thomas lord bisiiop, and cardinal
Wctf Cecilia f and Laurence cardinal Stnn-t.r
Uarif ill trau&liberim our Icgatv (/e lulerc from
^OL. I.
the ensjjeror was more iintorinns than l.liui it
could be hidilt-n, thought til to ad\<.rii-e oar
earrlinal, Thai the l^^agiie bciwixl him ;iiifl tiio
emperor was made pro tdhpoirm rtJitmt' ^■
rernm C hint iininr nut utilihife: <'\lniriini; liim
therefore lo do liitn tn^nd ofVur^ wilh the kin*:",
which i'.lsi) he cxplitMiid in tinolhi-r di-patch,
Sept. '311, wis! in-' tfiat aid niiLhl l'<' s-eiit ai:;iin>t
the Tuik. All v\hi(!j beiu'j eoniriisv to iho
m
kind's prc.-e:it di'-i«:i -, cduIiI not u|Miri v. hi«r
teruis soever he npre-ie'iu-d willu.mi umh 'i
orfence, ami ill conrit of rvirdlni'l ^V^>nI- _\ .
Tlw' kiu'j briievin;:; t!:::r uncKibm-I In' hrl'i in
tclliciMice with the Pope, to t'lC prt )«ilirL of
/
339] STATE TRIALS, li) Henry VIU.
]:is ad'airs. Which Polvdore ulso athrmeth ;
buying, thai he writ |>ri\uiely to the Pope to
suiipL'ud ihtt Caiiso, till they could hriiig the
king to some bttier temper. Tliis ulbo I be-
lieve was confimied in ttie king's mind, by SKime
nutico he mi^lit have ot* u joint di^palch (ii
Minute uher(H>t'is extunt in our llecords) iVdni
Woolsey jind (.'>nnp(ju*«, during their session,
whirchy iliey licsiied the Pope to avoke ihe
Caiihe, in case it grew so doubtful that they
could not dcternine it ; both as they would be
tree Irunt the tr()ublc and danger, and as they
concriveii, he might better help tiie king ex
plcnitudtne. poleatatii ; who percliance, as they
said, would be content iheiewiih, if the Pope
would promi>e to end the matter, shortly alter-
ward^i to his satisfaction.
Our king, who at the first proro(j;ation of the
Sentence, by reason of the Ftri<e findemiarum,
hoped yet, that at least; Oct. 1st, when the
Court was appointed to sit again, lie might
have the ('au<:e determined, seeing now all
proceeding in Enghuid inhibited, the cause
avocated to Itome, Campejus recalled; and
tinally linding, by many di>patches, that the
pope and emperor had appointed shortly to
meet at Jiononia, was much troubled ; and
the ratlicr, t(>rthat the two cardinals proceeding
hiiherunto had been little more, than illusion;
whereupon also he b(*came much incensed
against them. Yet containing; a while his an-
ger, he neither altered his fasliion to Woolsey,
nor declared any dislike of Campejus : iuso-
much, that he cahidy gave him leave tit depart.
So that no argument of suspicion or dislike ap-
peared hitherunto on either sidei Campejus
thus dii>mist aud rewarded, Avas conducteil ho-
nonrablv to the seaside, where he expected
only a fair -vind. But when he came to take
ihip, the searchers, npon pretence he carried
either money or letters from Endand to Uome,
ransacked all his cotVers, btigs and )inpers; not
without hope, certainlj', to recover that I)«rre-
tal Bull our king so nmch longed for. I find
also (by some relation) that drvers love-letters
betwixt our king and mistress Bolen, being
conveyed ont of the king's cabinet, were songhc
for, thouiih in vain, they liavini^ been formerly
sent to U()me. Which usaj^c ^o offtnided Cam-
pejus, that he complained inunediately to our
Ling ; protesting ' he would not proceed in his
journey till he h:id repanition for the wrongs
done to his person and dignity; that the peo-
ple were satisfied concerning ceitain scandalous
rumours, which he heard were sc.iticred abroad
to the prejudice oi cardinal Woolsey and him-
self. But our kin<! hv his Ix^tler of Oct. 32nd
answered, I'hut it must not be expected from
biin, praitare, quicquid vcl vufgi ttmeriUu (•/-
f'utire, Tfl qumunduin niMiumfortassc serupulo-
sa ly ttiijia sedulitas designare si hat. As for
\\\Q jus Icgati pretended to be violated, our
kin^ answered, * 'I'hat he conceived, it was
expired, not only as it «\as rei'oked by the
Pope's lute Inhibition, but particularly by the
interposition of his own rrgol authority, which
alone hb subjects did ucknowledge.' -Adding
15*28. — Procfcdings relating to she [34<)
moreover, * Tliat he wondered somewhat that
Campejus understood our law so little, as not
to fear how he usurpeil after that time tlie
name of a legal in this kingdom ; since he, hav-
ing beim made bishop liere of Salisbury, was
bound by oath to the conservation of the royal
prerogiitivc. As for the searchers doings, it was
a misUike ; the commandment having been
given long since, when there was just occasioa
for it, and not in relation to his particular, who
therefore he was sorry to have been so ronghly
used ; desiring the cardinal, for (he rest, to ex-
cuse the said senrchers, since they are bound
thereto by oatli. So that he ought not to pre-
tend this as a cause of his stay. As for the
other part, which was the rumour, our king
said, It was uncertain from wlience it came ;
notwithstmiding that it was (though not allo-
getlier fixed in his breast, yetS so generally re-
ceived and believed in his kingdom, that it
would l)e liard to remove that opinion : in which
regard also, it was in vain for him to stay here so
much as one hour. Howsoc^'cr; that he might
make tliis use of it, as to know liow ill bis sub-
jects took this frustration of the business. Bu(
as his royal care should be to prevent the in-
con\eniences might follow hereof, so that it
belonged to Campejus's wisdom to continue
those good intentions he had made sliew of.
For we (saith the king) tutic demum dubitart
potfrimvsy cum ipxejactit palam divertiim otteih-
deris, — Campejus being now more than onc^
licensed, thought it time to be gone; so that,
coiikinnr at last to the Pope he acquainted him
with all the proceetling*.
Our king considering that Francis >>eingnofr
disengaged, might more ireely declare himself^
did (by a particular Messiigc) not only make
known the little hope he had of the Pope's fa-
vour in his particular business, but desired tliaC
king\ assistance, for obtaining the resolution of
the Universities and Learned Men iu his king-
dom concerning the huvfulnc^ss of his Marri-
age ; for which purpose he iaduced Guillaome
de Bellay (sent by Francis to him in the be-
ginning of this year) to co-oprnite with thcm^
as also those of Italy and Germany, not omit-
ting together to employ at Paris, his kinsman
and beneficinry Uegmald Pole, with sir Francis
Bryan, and Etlward Fox, master William Paget
(after) being sent to Orleans and l*holouse, and
Fnmcis together readily promising his assist-
ance. And l>ecnuse our king had many agenta
al)ont this time employed in Italy, as namelj
doctor lid. Croke, (a man excellent in tM
Greek tongue) at Padua; Ilierome de Obi*
iincci, bishop of Worcester, and Gneory Ca»
salis, at Home; doctor Stok€>ley at Venice,
Thomas Cninmcr (afterwards abp. of Canter*
bury) Andreas and Johannes Casalis, and Pre-
videllus, he had enough to d<i ; while somc^
times he laboured to reconcile, and sometimes
again (o make use of their various advertise-
ments. Stokesley writ a Letter (Hated Junt
13^) that lie had gotten the Opinions of tht
University of Bononia ; and that mure wonM
have concurred, hod not the Pope contradicted:
341] STATE TRIALS, 19 Henry VIII. \ 52^,— Divorce qfC(UharhieqfArrag:on. [342
Cntke said, the pope and emperor ihreatencd | jcsty d<>es only iiim iit. The reason why I
nil that subscribed in favour of the kind's C-uuse.
lie writer ulso that the emperor*s ainbas^iador
ill Padua, L'hallengetl one frier Thomas, for fa-
Tourine the king's csiuse, and told him, if this
conclusion slwrnld take eflfcct, many of the
peatcst princes of Ch^i^^tendom should be (lib-
lierited, ur taken :is illegitimate ; afroiiniiiitr in
tb^HC as well the empenjr, as the king of Por-
tugal. Notwithstanding which, he hud gotten
ttO principal mens hands a good while hiiu^,
tnd liad obtained 30 more, which yet hv their
means wen* burnt. By a Letter also of C'mkes,
Aug. S4, it appears, that the empeior laboured
with tlte State oi Venice, to oppose the king
in biff demand. Furthermore he protested
DOoe would take money (lawyers only excepted)
for delivering their Opinions, though he forced
fomecimcs a small reward on them when tiicy
had done. Which particular Dr. Stokcbley (in
a Dispatch Sept. 23, ]5S0) did confirm ; saying
it was tlicir manner both in Padua and tiononia
ID rcfuite money witli these wortls, Quod a •S/ii-
rieu Samclo gratis acceph/itis, gratis i^* iihenter
imperlimur, Morerner Croke by ii Letter,
Aug. SI, 1530, smd, Catar fuinis^ precibus, pre-
iio, Sf tacerdotiiSf partim irrritat noslros, par-
tim conjirmat suos : certifying our king fur-
ther, timt Andreas ('as;dis and Prevideilus did
ie«eal bis bigliue«s secrets to the C'esurians : in
eoadusioD I find that many would have given
liieir opinion in favour of the Divorce, if they
durst. So that iliough the king's agents did
low and then diiler in some points, they all
jet agreed that roost of the Learned Mvn in
those parts would have favoured the king in the
point of bis Divorce, bad not the pope and em-
peror oppugned it. C'roke adds further, that the
enperfjr got some hands in Mantua for money,
bat tbey were of the meiiner soit. Whereas
39 doctors in that place had freely subscribed
oa his highne:>»s part. Now, as Gregory Casalis
Kcmed umontr all his highness agents, at this
taae, the most industrious, so he !»olicited the
Pope continually on our king's behalf, not neg-
lecting alio the Cesarians, to whom he gave,
and from whom he received that intelligence,
n be made advantage of all. By which dan-
prous and suspected wisdom yet he prevailed
10 far, that at length he had authority, ns it
Kems, tu write this f«>llowing Dift)>atch, which
I have caused faithfully to be transcribed out
of the oriihnal.
" Most serene and most powerful lord, and
lay nHHt grncious sovereign, to whom all health
and happmeitH, and the most humble acknow-
ledgments of my duty and ntfection. Some
^5S a(*oe the Pope in private ofl'ered to me
ihii F'ropf»^d, as n thing of which he made
Duch account, that yonr majeMy might ha\c
a Dispensation to have two wives ; to
»iwia I answered, that I was very nii-
williag to take upon me to write t<i your
■ajfscy to know your ninjosiies pleasure
Lerein, because that I did not know whetlier
Ik's pn>pOMsil would satihfie your r()n«>cience,
(be case and '^nict nhercot^ was what your ma-
gave this for Answer, was, that in a certain
place, from whence 1 ha\c infomintion of the
designs and contrivances of the C'e:iarians, I
have certain intellig<M)Ce and undoubted knoiv-
Icdge, that this propobul was started, and is
promoted by the Cesarians; but uhal their
aim and design herein should bo, 1 dare nor
certainly athrm, and therefore Icaxe that
wholly to your highiirsscs great prudence and
consideration. And though 1 told his holiness,
that I could not venture to write to your ma-
jesty herein, yet was I unwilling ro keep this
from yonr inaji^ties knowledge, that it may
appear, that no care or industry is wanting in
me to execiile your majesties commands, or
fromote your services. I have done all which
have been able with one of A neon a, with
whom I have u^reat iiilimary. As to all which
1 refer to the <"onnnon letters. JMav God
pr(*serve yonr majesties health. Home Sept. 13,
1530. Voiir most excellent in'.vjcbiies most
obedient servant, (fitrcrmv Casai.is."
How this J^elter was believed or accepted
vet, doih not appoar to me ; so that nltiiou^h
Alelancthon is said to have concurretl in sonic
such opinion, no elfcct followed thereof. Tor
[ iind, that at this very rime, king Henry,
jealous of the cpieen's, or (as our Historians
say) of \Voolsoy*s prvjcuring UulU agaiiiat him,
set forth this Pix)clamation, Sept. 10.
" The king's highness streightly chargetb
and conmiandeth, that no manner of person
of what estate, dfT»ree, or conditi'tn s<jcvtT
he or they be of, do ]>urchnse or aitcinit to
purchase from the court of liome or elsi where,
nor use and put in execution, divii);je or pul>-
lii»h any thing heretofore wiihin this year pass-
ed, purchased, or to be purrlia>ed lierealUT,
containing matter prejudicial to the hir;ii au-
thority, jurisdiction and prerogative royal of
this his said realm, or to the let, hindrance,
or impeachment of bis graces noble and virtu-
ous intended purposes in the preniisse> ; upon
pain of incurring his hij^lmess indivmtiion. and
iiiiprisonn:ent, and farther puiiisiunnit of their
l>odies, tor thtir so doing, at hih gr.:ces pleaauie,
to the drcadtal example of all other."
DiCiaration of the House of Lords to the Pope,
Thus did the king be;;in to shake oiV the
Iloniish yoke ; to which he was nnuh animated
hv the concurren<'e of bis subiects in l^irlia-
nient, both spiritual and temporal, who (as it
appears by our i-ecnnN) in July this year nndrr
their hands and seaU sent a Declaration to the
l*o|)»'. The tenor whereof is this ;
•• To the most holy lord, our lord and t'nthcr
in Christ (' lenient, by the Divine pro\id(iicc
the seventh pope of tiint name, we wi>li and
pr.iy for perpeinal filirity in our Lord Jesus
('hri^t, \\\\\\ all humiiity throwing our selves at
his feet. Most bli-'Jed tather, althoigb the
('an*e coi'cerning the .Marriage of the most in-
vincible jirince our s'iverei«;a lord the kinji of
Kiiiiland and Franci', det'emier ofilM* tairh, and
lord ot* Ireland, d.>e» for sundry great, and
343] STATE TRlAI^i, ly Henry Vlll. l.02«.^Proc«Ji«i;« rduting to dtc [3Vi
weighty rca!»ons of it.hclf, require and (Iciiiaml i
3«>ur h(>liiii.^s('S a!>si<>tuiicr, that it muy be |
iToiijiii to that. bpc'CMiy vm\ and dcteniiiimticin, '
wliuMi MC witii ho great ami eurnest desires j
have wished, and with so very great, tliourrli |
very vain .expertalioiis have long looked tor |
from vour Imlitu's^ : we could not nevertheless
prevail wiili our Mrlvcs to keep silence herein
any longer, especially since our kingdom and
the aiV.iirs thereof euil'er so much, and are
broii^lii into so great danger through the ini-
seas'iiiable delay of Sentence herein : so that
since his inajoiy our head, and by C(Misei]ucncc
the life of us all, and we in his words, as sul)-
ject nienibcrs, hy » ju.<«t union annexed to the
liead, li.ive wiih great earueslncss prayed your
holiness, but pr.iyed in vain, we arc by the
greainesh of our urief, f.jrced separately and
disiinctly by these our Letters, m■J^t humbly to
iutre.it ycHir speedy determination hereof. Be
justice «jf the cause it selli apjirovci! of by tlie
Opinions of tiio most Learned Men every
%vhei*e, and determined by the D(»rre<'s of the
most famous Universitie-i in the world, and
esteemed and Judged m:i!»t righteous by all
persona cither in Kn;;|-ind, I'Vance, or Italy,
who arc most eminent for their learnin*!, mi|;ht
Fo far prevail, as that your holiness, though no
hody entreated it, nay, thou(;h some opposed
it, should v\ith your own voice and anrhority,
contirm that Sentence which has so universally
been pronounc^'d just, especially when your
dctennin.ition of this Cause is a piece of jus-
tice done to that king and kingdom, wiii(*h
upon so many several accounts have deservtuJ
well of the /\po»>loliral Sec ; althimi;h entrea-
ties to you herein seem not to be ncv«ssary,
liowc\er we make them, ii» persons over)M)m
yKitU troubles, who indulge their grief, and fre^
qneiuly pnnr lorth repeated ami unnecessary
})t-ayer.s. J>ut since your holiness is not to be
])revuile<l upon, either l)y the ju.Hti(*e of the
Cause, the remembrance of the pnu\ ^enices
yon havt.' always Inund, or by the earncbt and
<'oniinu(Ki requests of the best of prince.«, to do
that which might be expected iVoin your pater-
nal love and aflPection alone, our ^rit- f is by the
remembrance of our miseries ami calamities
incieused to that immense dt-^ree, that it
overspreads the whole l>ody of the realm, and
givett a voice of complaint to each member ot
it, forcing them botli by their words, and in
tiieir letters, to lay beiore your holintbs this
their insupportable grievance. For how great
u nusfortune is it, that what our own two Uni-
versities, tiic L'ni\crsitv of I'aris, as well at» i
many oihcr in IVance, uhat almost all men of -
learning, kintwledge and integrity, both at
home and abroad ha\c determined and athrinc<i
to bo true, and the truth of which they are rea-
dy to defend and support both in their discour- .
tm and writings; yet caimot aconfinuation of'
tins so universally acknowK'dged u truth be ol>-
fiiined from tlio holy apostolical see by that
prince, by whose support and assistance that
see btili keeps and presenes its authority, which
hu bccQ shi»k«a and uudcnumed by so many,
and so j)owcrful adverssirics, till he tvitlbtood
and opposed their designs, partly by his^wuid,
partly by his pen, at other times by his colu-
mn nds and authority, supporting that power
and authority of the church troui wtience
others are enabled to obtain those mi|;hty ad-
vantages from which he now iinils liimseli'only
excluded. What answer can lie made hereto
we see not, and yet we see that from hcuce a
flood of mibCries is flowing in upon the com-
monwealth, and a sort of deluge of calamities
overwhelming us, from the disputes about Suc^
cession, which will soon overtake us, never to
be settled without intniite slaughter mid eilusion
of blood. We n«iw have a kmg most eminent
tor his virtues, seated upon the thmne of his
ancestors, by right undoubted and unquestion-
able, who would entail lasting peace, and unin-
terrupted tranquillity on his realms, if he leaves
a mm to succeed him from lawful and true Mar-
riage, nor will that be possible, unless your
holiness will by your authority, pronounce the
same Sentence concerning his former Alarri-
age, which so many Learned Men have already
delivered. But if your holines*«, whom wc
justly call our Father, shall by refusing to com-
ply herein, esteem us as cast-awayk, and resolve
to leave us orphans ; we can make no other
con^t^lctio^ ot it, but that the care of ourselvts
is committed to our own hands, and that we
are left to seek our remedy elsewhere. But iliat
we may never be driven to these extremities^
we bt'g your holiness, without delay, or farthest
lo-s of time, to asBi>t these his maje>ity*s most
ju«t and reastnmblc desires, we most earnestly
intrcat a conBrmation of the judgment of these
mo<tI>earned Men, humbly imploring, thai for
the sake of that mutual line, and that paternal
aiVection which your pastoral office requires you
to shew us, not to shut up your bo%\els of pitv
and compassion against us, your roost duuful,
most lovmg, most obedient sons. The Case
of hif most sacred majesty, is the case oi us all,
since the head cannot stifTer but the members
nmst bear a part, the grief arising herefrom, and
the injury suffered hereby does e(]ually ail'ect ut«
who bear our proportion of all his majesties af-
flictions ; the remedy of which, as it must pro-
ceed wholly from your holiness*s power so is it
a duty necessarily arising from your paternal
authority and affection : Which remedy, if your
hnhness shall refuse or delay to grant, our con-
dition will indeed herein be more miserable, that
so long we have fruitlessly and in vain sought
redress, but it will not be w holly desperute«
since it is possible to find relief some other way.
Dcspenite remedies indeed are not wittiout ex-
tremity to be applied; but he thai is sick, will
by any means get rid of his distemper ; in the
change of our miseries the le is some comfort,
when if we cannot obtain perfect relief, yet we
nuiy change our condition t'or that which s less
nflhcting und more tolerable. 'I'hat your holi-
ness would be pleased to take these things into
your most serious consideration, we do again and
again beseech yim, fur our lord Jesus Christ's
•akey whose vicar oq earth you stile yourself,
3^j] STATE TRIALS, IQHenkyVIII. \5*2^,^Dii'orcc of Catharine qf'Arragon. [310
and lluu you would now con form your actions i two grievous otVences, iiigrutitudc to his high-
tu that title by pronouncing your sentence to
tlie glory tnid praise of God, uud thereby giv-
ine your teatuuony and sanction to that truth
wliich ha^ been caainined, approved, and after
much deiibemtiuu continued by the most Learn-
ed Men of all natious. In tiie mean time we
will beseech Gud, whom we infallibly know to
ne!>^, and denial of justice. Wc do acknow-
ledge that your king has dcstT\cti all that your
Letter mentions, nay, even much more, that
the remembrance of bib many uimtorious ac-
tions towards the Apostolical 6cc, will not only
live fresh in our memories, but be traii:imitted
down to late posterity. We cannot but own
be truth, that he would vouchsafe s<j to inform I likewise, that not only with respect to our
lud direct your holiness's deliberations, herein, ' oftice and character in the Church, but also in
that having by your holiness's authority, a con- ' our own private person, we owe so much to his
finnation of wlmt is jubt, righteous and true, ! highncss*s all'ection, as we shall scarce ever be
«c may therein rest satisfied, and be tree from | able sufficiently to recom pence. As to what
the trouble of seeking to attain this end by other j relates to the controversy concerning the Mar-
means. (Signed) Archbishops; T. Curdinalis ■ ria^c between his highnuis and queen Cathc-
Ebor, Willielmus Can. — l)ukcs;Tho. Norfolk, ripe, we have been so far from disappointing
Cliar. Sudolk.— Marquesses ; T. Dorset, 11. , the king's expectation therein by denying him
Eieter. — £arb; W. Arundel, Jo. Oxenford, justice, that we have even lain under the cen-
11. Northumberlan<), Kauf. VVestmerlniid, Geo.
biirewsbury. Hen. Essex, £dw. Derby, IJ.
Worcester, Tho. Rutland, Hen. C uinberlnnd.
sure ot the other party, and have been thought
partial, and too much inclined to favour his
mnjt'sty's desires herein* But to give a more
Robert Sussex, Geo. Huntington, G. of Kil- , undeniable proof of our constant affection to
dare. — Bishops ; Robert Cicestrens. Job. Car- i your king, it will be necessary to mention what
liaieaii. Job. Lincohi, Rich. Menevcuiiis. — Ba- ! has some time since passed : When first, about
KMis ; Hen. Montague, G. Hochford, W. Wes- "
ton, £. Abergavenuy, J. Audley, Hen. ScroopCj
Tho. Dacrcs, Tho. La-Ware, W. Dacre, Thf>.
three years since, his majesty's ambassadom
laid this Cause before us, rather seeking redress
herein from our atFection and kindness to his
Ikirkley, iien. Morley, (^eo. Cobhain, Rich. : highness, than from the rigorous cuune of jus-
Latinier, £dw. .Stourton, Jo. Fitzwarren, Jo. ticc, we committed it to ihe determination of
Semers, Jo. Lumley, W. Mount joy, Chris. ^ our beloved sons, Tliomas ubp. of York our le«
Coniers, Hen. Daulieny, T. Darcy, T. Mon- ; «!ate in Kngland, cardinal Sunca Orcilurf and
te^le, W.Sandys, Jo. Husey,Andr« Windsor. — I^urence Cainpej us, cardinal Sancta Maria;
Abbots ; Jo. of Westminster, Jo. of Bury .St. transtiberim our legate de later e, who were
£dmund. Rich. Glaston, Will. Gloucester, Tho. ! l>oth in your kingdom, and upon the spot to
of Abeudou, Hugh of Reading, £dw. of York, examine into the matter; whereby, as far as
y». of Peterburgh, Jo. of Ramsey, Jo. of Croy- , wc were able, we satisfied his highnesses de-
Uod, lio. of Tliorney, Ro of Selby, W. abbot sires. But when the queen began to suspect
of Bardiiey, W. abbot of St. Benet de llulino, j them as partial judges, and on the account of
Tiin. ab. of St. John by Colchester, Jo. ab. ot* ; some grievances she had imposed on her by the
Hide, Clem. ab. of Kveshaiii, Ric. ab. of said legates, had appealed from them to the
MalmsbiirVi Ric. ab. of Winchelcoinb, Rob. i Apostolical Tribunal, and had on her part ap-
ab. .St Crucis de Waltham, Jo. ab. of Circes- I pointed proctors to prosecute the said Appeal
ler. Hen. abbot of Teuxbiiry. — Knights and at Rome, even then our great inclination to his
Doctors in parliament ; W. Fitz-Wiliiain, Hen. majesty's service was sntlicicntly evidenced.
Guildford, Steph. Gardiner, Jo. Gat/e, W.
Kington, Bryan Tuke, Rich. Sacheverell. Rich.
Saiu pson, £dw. Lee, Rich. Woohnan, Jo.
Beitat."
*' To our Venerable Brethren the archbishops
and bibhops, and to our beloved sons the
abbots, noblemen, dukes, marquisses, earls,
barons, knights and doctors assembled toge-
I her in Parliament in Kn gland : Clement VIL
Pope. Venerable brothers and beloved sons,
health be to you, and apostolical benediction !
There are many expressions in your Letter,
Waring date July 13, which we received some
days ago, which wc could not have thought
well of, did we not wholly impute them to the
great duty and tender affection which you bear
For although we could not in this Cause deny
the queen a Commission of Appeal, yel seek-
ing rather that this controvei'sy might be finish-
ed by the agreeable methods of peace and con-
cord, than by course of law, we framed seve-
ral delays in granting our Commission of Ap-
peal in the saiil Cause, under pretence that
this being a cause of the highest nature, must
therefore be brought before the Consistory.
After thi^ we held frequent ccnisultation with
our most venerable brethren their Eminences
the Cardinals, whtTcby this aflfair was still far-
ther put oiF; till at length by the unanimous
vote of all the Cardinals it was concluded, that
a Commission of Appeal in this Cause could
not be refused. It was therefore appnintcd to
to nur most dear son in Christ your king. We be (examined, beard, and in the said Consistory,
thail therefore without taking these things
aBii%% sedately answer your Letter, that you
mar thereby learn with how little reason you
ba\e Complained of us, and that your private
d'Jty and affection tu your king, ought not to
cttend so fmr| ai Co justify your excusing us of
by us to be finally determined. For as in all
cases we ought to proceed with the greatest
caution, so ought we more cspeciallv to do in
that which concerns the majesties ot kings and
queens, on which we see tho eyes of all the
Christian world placed. Since which no law«
3 1.7] STATE TRIALS, J 9 Henry VIIL J 52T .—Proceedings rcltUing to the [3 VS
ful {A'octor has appeared on the ktng*s pnrt, to
ser forth his majesiy's pretensions euhcr in
Mr-ritinii;, or hv word ot' inuuth, from whence it
is that this Cause could not yet receive its de-
termination. Since it must be decided accord-
ing to what is allcdged, and by witnesses
proved ; not according to favour and nf^ec-tion.
There is therefore no reason why this del'criing
our sentence of deterniinution, of which yon
complain, should be ascribed to us, and your
complaint herein sceins to us the more strange,
because his mnjcbty's ambassadors in scvctnl
places, particularly at Bononia, did request and
solicit this delay of Sentence from us, contrary to
the inclination and demand of the queen's proc-
tors herein. Since therelfore we have no wn>s
' occasioned these delays, or hindred this Cause
from being determined, after mature examina-
tion, and due consideration of all the circnin-
stnnces of it, ^e see not on what reasons tlicsic
your complaints arc grounded; unle&b you will
venture to say, that the services which his ma-
jesty has shewn us, and the Apostolical Si-r-, are
such, tiiat the Cause should l>e determined in
bis favour, without regard had either to right
or justice; ibr that must be the mcanini; of
your words, nhen you say that Sentence ought
to be given by us, though nobody entreated
it, nay, though some opposed it in this case,
which has been adjudged just by all the learn-
ed in England, France and Italy, and by the
Decrees of so many Universities : which words
to us seem not to proceed from your ubual pru-
dence and modesty ; since we see not %\ ith
what reason yoa can desire, that we should in
a cause of the greatest moment give Sentence,
though none entreated it, nay, though some
opposed It ; when on the other side is alled;;ed
the great scandal and offence that all Chris-
tians would take, at a Sentence of Divorce
from a Marriage which has continiierj !>o many
years, which was contracted by Dispensation
from the Holy St^, at the request of his most
excellent majesty Henry 7, and the most C:i-
tbulick king Ferdinand ; from whence the
queen has luul so many children born, and still
has a daughter living; contrary to the opinion
of several doctors (which you urge also on your
behalf) and those very learned and grave men,
and who confirm their judgment both by the
laws of God, and by arguments taken not only
from the Latins, but likewise derived from the
Jewish law : Notwithstanding all which, we
kept ourselics unbiassed, inclined to favour
neither side, but to hear both, looking on thi<
inoit extraordinary Cause, not only to concern
Ike whole Christian world, but uUo to belong
to aU posterity. As for the opinions of
lieiraed Men, and the Decrees of Cniversities
«kidi 7<ni mention, few of them have come to
<»r aaice, shewn us not in proper form by
^r labaKadon, nor in the name of the king
aSrianA, nd tWMC were bot bare opinion^t of
1^— iii.iMiT^pTi^nD m'mm firr their De-
m Mpponing them by any
l«ie,orth« Canons, which
demand tliat we should rasltly, and wiOiout due
consideration, determine any tiling herein in
his majcsry's f\ivour, is a thing neither righteous
in itself, nor agreeable to your wisdom. Vat
although we owe much to his highness, yet in
executing Judgment we must necessarily much
more regard him, ' by whom Kings reign and
Princes decree Justi4;e ;' and further, it is the
duty of a good Father, to take care that by
over fondness, he do not too much indulge his
children : bcHides, wc should not only entangle
our own, but also his highnesses conscience, by
siirrh an hasty and inconsidenitc 5x;ntencey
uhich if thus unduly given, would by its dan-
ueroiis exam[)lc% greatly dnrnage the whole
Chri*iti;in world. As for that deluge of calami-
ties, whi«rh you fear is impendnjg over your
kingdom, sure it were nmcii more to be feared,
if we should nitlily hasten that Sentence which
ought calmly to proceed in the stniit way of jus-
tice and n'u^.on, thireby \iolating both our f>wn
duty, and departini; from the rules of justice
through too great favour and affection to your
king: ycm cannot with more earnest desires
wish his majoty a son, than we do, and tliat
not only his highness, but all Christian princes
had sons like so great a king, the inheritors not
only of their realms, but of such princely vir-
tues, but »e are not in the stead of <Jod, that
wc can give children. As to what you say,
that wc were unwilling to con6rm by our au-
thority, a truth concerning the fonner Marri-
age, which by so many Learned Men in the
kingdom is agreed upcni ; we are truly willing
to gratify his highness in all things wherein we
are able by our authority, but then our ability
cannot extend to those things which will de-
stroy that authority, as it would if we should
judi'riully give sentence contrary to the usual
methods and due course of law in any thing,
though it mi;:ht appear never so plain and
manifest to us. As for what you mention in
the end of your Letter, that unless we grunt
ytmr re<iucst herein, you shall imagine that the
care of yourscKes is remitted into your own
hands, and that you are letl at liberty to seek
remedy herein cisewhere; thi> is a resolution
lurither worthy of your ])rudence, nor becoming
your Christianity ; and we do therefore of our
fatherly love, t'xhort you to abstain from any
such rash attempt : though it would be no
fault of the physician, if the patient %%-t;:u*y of
his dibtcmpcr, should rashly and unadvisedly
^entllre n|ion measures riestructive to his health;
we indeed never denyed you ;»ucli remedies as
might with safety be given, and with advantage
received ; ' for who is we:ik,and T am not weak,
who is oU'ended. and T burn not r* 1 write not
these things to shame you, but as my beloved
sons I warn you. Wt* <-annot imagine that his
majesty, on who^c accour.t you write, can ap-
prove your writing m tlii> manner; for we
know, and are so fully acquainted with hiD ho-
nour and integrity, that we are assured he
would not accefit of any thing that is unjust,
although it were rifl'ered him; and although
«^ ta ^icfai. Wherefore, to your uitercession is in all ca»cs of great puw^r
m] STATE TRIALS, 19 Henry VIII. \ 'j2^.^Dvcorce of Catharine (^fArrou^on. [350
•nd prevalence with us, yet is our lovt* nnil nf-
ftctiun to his highness such, as to need neither ,
tbe entreaty nor Hulicitiition of iiny perhous i
whatever, to influence or f}uickcn it ; and as
we never remember that hia highness has ever
jet made his request to us, and received a '
denial, where it cuuld be granted with sat'ety to •
our own, and the honour o^ the Apostolical |
See, so we shall always shew liim the same re-
gird and good will. Justly, as to the present
Cause, we shall give no Jiindroncc or delay to
its decnion, so that when it is ready for Exami-
nation, and all the circumstances of it have
been beard, it shall be brought to a speedy de-
termination, and final conclusion ; being cur-
oesrly desirous to free your king and quc*en,
and our ownselves from this most troublesome
affair. But this we must desire of his higlmcss,
and of your go«docss, that you would not re-
quire more from us, by reason of his majesty's
sreat doservings of u$, than we can without of-
fendini; God perform ; and then you may a»-
Mire yourselves of all the good olHccs which
can oe expected from us, considering the person
aod office we bear, and the justice we lu-e in-
dispensably bound to administer. Giveii at
St. Peter's, Rome, under the Seal of th,? Fish-
erman, Sept. 2r, 1530^ in the 7th year of our
Pontificat.''
TU ChancelUn-i Speech to the Commons re-
specting the Divorce.
The fbnner proceedings of king Henry, being
advertised to the Pope, made him fear a total
defection in our king. Insomuch, that at Rome
they studied nothing more than how to retain
him in bis ancient devotion : some arguments
whereof have been formerly mentioned. To
the 'furthering of which intention aKo it did
sot a little ccmduce, tluit he hud taken some
distaste against tbe emperor : who, being de>ircd
to appoint certain judges to determine all dif-
faences betwixt him and the duke of Ferrara,
coDceming Modena and Re^io, chose such as
sentenced on the duke*s heiialt ; m hidi so in-
oenwd the Pope that he fell off from the em-
ptror. For which reason also it is pnibahie,
that our king might have closed with him, and
ffeoaived anme satisfaction in the atluir of the
IKvorce, had not his Ptu-liamcnt, at this time,
asn abor^said, concurred to the setting uj) of
the Kgal authority in ecciesiaijtical uifuirs. To
whom therefore he thought fit to communicate
wfaM hb agents in Italy and other places had
done, concerning that s-..- much controverted
point of the lawfulness of his Marriage. Where-
vpon, the parliament yet sittin^r, the h>rd chan-
cmr, accompanied with Dr. Stokeslry bishop
of London, and divers other lords spiriuinl and
temporal, came into the Lower- 11 ouisc, 31st
March 1531, and told them ; *< That thiy could
not be jjgnomnty how the kino;, liaving marriiMJ
liibnuber's wife, was troubled in consciciice,
ind therefore liad sent to the most learned L'ni-
VRiitiesin Christendom, to be resolved in tint
point: Mid nftmcly bad employed the hisliop of
London thirra present, f tr this pur])uso. Not,
I
yet, but that his own Universities of Oxford and
Cambridge could have sutliciently decided the
point, but that he mi^ht the more amply satisfy
himself and the world." Whereupon sir Bryan
Tukc was commanded to take our, and rc^ the
Determinations oi the Universities of Paris,
Orleans, Angiers, Bourges in Berry, and Tho-
Ifiuse in France, and of Bononia and Padua, in
Italy, who all agreed in declaring the Marriage
unlawful. After which, above a hmidred
Books of several doctors, (whereof Dr. Cran-
incr was one) conHrming the same Opinion,
were exhibited. The perusing of which yet
(ihe day being far spent) was referred to a fur-
ther time. As also the Resolution of our two
Universities (brought after the rest to our king)
w liich because Sanders calls in a sort surrepti*
tiou«, I shall relate out of some Original pieces
which I have seen.
To the Univerbity of Oxford, the bishop of
Lincoln was employed, where, neither easily,
nor by general vote, there past this Decree,
April 4, 1530.
'^ We John Cotisford, commissary of the
University of Oxford, by the authority, and
with the consent of the whole venerable Con-
vocation, do declare, determine and adjudge,
that the major part of all the doctors, masters,
as %Tell regents as non- regents of all faculties
in this famous University, have agreed and
given their consent and assent, that the De-
termination, Resolution, and final Answer to
the Question lately, propounded to us by his
most excellent majesty the king, which shall
be given by the 33 doctors and bac helors in
the faculty of divinity, chosen for that purpose,
or by the mnjor part of them, be esteemed
and accounted the Dcterminatif)n, Resolution,
and final Answer of this whole University, and
therefore that it may Ic lawful for the com-
niisssiry and the proctors to affix the common
seal of the University to the Decree, which
shall be made in pursuance to their said De-
termination."
Which Copy, thoui!li blurred (upon what oc-
casion I know not, for it is not probable it
should be intended to tho kin^in that manner)
was dispatcht the dny following, as the Act of
the Univer>ity, by the bishop of Lincoln. As
for the University of Cambridi;e, I find Stephen
Gardiner, and Kdwurd F<i\ were employed ;
where, notwitlManding the king's Letteis, and
the diligence us(:d on their part, not a few
dltlicuhies did occur. In^oniuch that it was
lin>t denyed, then the voices on l>t>tli sides were
l)rr)ui!ht even, and at last, (>ome absenting
themselves) it was agreed, that the question
should lie disputed by '^H ilelegates, and that
two parts of three sfionid determine it ; which
accordingly was di^ne in fuvuur of the king,
by the vice-chancellor, and the two prt»ctor<,
ten donors, and titieeu cithers, \^hosc names
are extuni in the same Record. Which
av(.Tseness, more I ban in foreign Universitit^,
sWiftherit blioiild be attributed to the power
of the Pu|>e in F.n^l.mil, or to their particular
scrupulosity of con-jciencc, is more titan I will
3 J J ] STATE TRIALS, 10 Henry VIII. 1 ji^S.-^Proceedings relating tp the
rietnuune ; tliougli, on this occasion, I can do
uo less, t)mt re|jeac some arguments drawn (in
favour oftlie t)ivorce) out ot'our Records. 1.
Tlic place in Leviticus, chap, xviii. vers. 16,
■ ' Thou sliaic not uncover the nakedness of thy
brothirr's wife.* 2, St. Basil's Opiuion, tending
this way, wliere he saith, ' that he sliall be
excommunicated that marrieth his wife's sister.'
I), Bcciiuse two Epistles, transcribed out of the
INipe's Registers, and sent into England by
Dr. Siokesly (whereof one was of Gregory, the
other of Innocent the 3rd) do profess, tliat the
Pope cannot dispense against the law of God,
the particular CHse being then a Marriage. 4,
That granting the Pope can dis[)ence, ex urgen-
tiuima causa, with that which i:> ex jure divino,
(which yet divines for the most. part deny) there
was no occasion here, since the peace betwixt
England and Spniu, wliich was taken as the
ground of the Breve) stood firm and intirc.
Lastly, that the Jews tliemsclves (for our
agents consulted with them also) did not hold
the law of marrying the brother's wife, (Dcut.
S5.) as necessary in tliis time, but did often
pali discalceatiottcni. All which l»cing ma-
turely considered by the Lower-House, made
them detest the Marriage, as our Historians
have it. Whereupon the king thought fit aUo
to prorogue the parliament, to the intent that
every man repairing home, might satisfy hia
neighbour of these passages ; not omitting, to-
gether, to cause these foreign Determinations,
tQ be printed and published this year, ns the
Book yet extant m print shews. Notwith-
standing which, so far was the king from remit-
ting any tiling of his gentle behaviour to the
queen, that, had he not forhorn to come to her
bed, neither could his outward liivour towards
her, or her fashions towards him, have argued
any diminution of love ; all those wonted cere-
monies by which they sustained the dignity of
their place, and civilities which might imply a
mutual respect, continuing firmly on cither side.
Which our hist<jrian8 amplify so far, that they
say he sore lamented his chance, and made no
manner of mirth or pastime as he was wont to
do ; without yet that they can be thoui^ht to
speak iinprob'ably, when we consider both how-
dear this liberty cost him, and how much it en-
dangered the Succession. However, that he
might both prevail himself of the occasion, and
alsio sati^fy the doubts he had rnibcd, not in his
own alone, but subjtK'ts breasts, he sent to
quocn Catherine some lords of hi* ronncil,
wishing them to acquaint her with these Deter-
minations (which also I find had been shewed
the Pope,) and together to demand of her for
quieting the king's conscience, and ending this
business, whether she would rather reffr herself
to the Judgment of four spiritual, and four tem-
poral lords in this kingdom, or stand to her
Appeal. To which the sud queen answered,
" Iliat her father, before he ( onsented to her
second marriage, had taken the advice of
doctors, and clerks, whose opinion she beheved
rather than any others; and that, the Pope
liaviog coofinued it, slie Hoodtred that any
should question it. And, wliereas for qui
tlie kind's conscience, you would have nn
the business to eight lords ; that which ]
i<, I pray God send liis grace a quiet co
ence. As for answer to your meuage ; I
you tell the king, I am his lawful wife, an
will abide, till the cuurt of Rome deter
to the contrary." But our king, who ulU
his procecidings were according to tiie ia
God (which therefore he said should be
insisted on, than any other authority)
other messengers, exhorting her still to
form herself; among whom one spake to
eflcct : " Madam, you cannot be ignorant
much you have provoked the king's displei
agahist you, since his grace having used ]
means to clear his own, and subjects in
factions, concerning the lawfulness of his
riage, you yet continue refractory in that
lent manner, as you not only refuse the ge
Determinations of Universities, and Lcc
Men ; but conti-ary to the laws of the
and the royal dignity, have cited his '.
ncss to appear in tne Court of Rome ; nc
have those many admonitions you hav<
ceived concerning the danger and consequ<
hereof, been able to divert yuu from your
poses, or reduce you to reiison and your <
Of which therefore his highness is so sent
that he hath forborn of late to see your g
or receive your tokens, giving you liberty
ther, to repair either to his manner of (J
or Estainsteed, or the Monastery of Bi»l
for, since you were known by his br
prince Arthur, you cannot be his lawful \
To which the virtuous and sorrowful q
replied little more than this : ** That to
place soever she removed, nothing couh
move her from being the king's wife."
here the king bid her a hnal farewel : for,
this time, L^ing July the I4th, I fiud utj
king e\er saw her more.
The Pope*s Letter tonersuade the King to
his Tf//c again.
And now queen Catherine by her proct
Rome, assisted with the advice and pow
the imperialists, negotiated puissontly with
Pope; so that, notwithstanding our king'
dignation for her jirosecuting him in
manner, she urged i«till the Appeal, bescet
the Pope to cite the king, by himself or pro
to appear. But the Pope thought fit r:
gently thn<i to exhort our king to take r
his wife (.'atherine; which he did in the
lowing ]^ttcr :
Ci.LMrNT VII. Pope,
** To our most do.ir boii in Chrisi, &c. h.
and apostolical lieiiodit^iinn. What in
tender affection tov^ard> vou, tor the sat
both your honour here, and your salvj
hereafter, we should be glad to tiiul false
been reported to us, and l>\ many hands
firmed, concerning your highness, that altb
not only before, but since the Controvers)
been de|M>n<ling ahout the lawfulness of
Marriage Contract l^eiwwen yourself, wdlt,
533] STATE TRIALS, !9 IIesry VIII. }5'2S.^Dhorccof Catharine rf A rraqon, [.'04
Di'Ki dear (JatigliU'i- in Chribt, tlie mo»t excellent
Cutherine queen of Kngiand ; you eiitertiiiiicd
lh« said Cmlierinc in your palnce, and lived
nitli Iter ai yuur qiiefti and wife, us it \v:i$ fir-
tine yuu »liuuJd (io ; yet now ofli^e you have
nut unly rvinuvcd lier from your person and
court, Imi have baniahcd her from the city, the
mual place of her rettidencc, and sent her t«i
see what measures will he most proprr for us
to take. We wi^h, tlear son, a> \\c lia\c biud,
that these tilings were false, or at Ici'si not so
had as they are represented to us ; ;;iid Hu'ihcr,
that you yourself wouhi take sucli care, of your
siinijuhir witidom, that nohody may in tiii> thing
have occasion to speak ill of y-iur hiiilmch^,
wiiose virtues have in all otlier your actions
mother place, taking in her room puhhcly to 1 been >o Ci)ns|)icnous. For if any catholic to
yuur bed and conversation, a certain lady Anne,
with whoDi you cohabit, and to whom you shew
tint conjugal love and utfectioiu which is only
due to your wife, the said queen. Which
liune, moat dear son, if it be true, and you
vituld lay aside carnal atVections, and |;ive
yourself leisure to think, we doubt not but that,
although we were silent herein, \ou would soon
perreive upon liow many .sevcnd accounts it is
■o«orihy your highness, either as it is a groat
contempt of our Judgment and Sentence, which
TOO thus refuse to >tny for, as it is a pnblick
Kandal to tlu; Church, or as it is a manifest
TioiatJon of the public peiice; ail which thin^>
arv Sfj cuntniry to the principle^ of a virtuous
and religious prince, as we have always esteem-
ed jour highness, that thougti they have daily
latire and more been confirmed nnio us, yet
re have found great ditliculty to lielii^vc them,
•I things wluilly repii^uant to your naiure, and
perfectly contrary to your usa-re. For what
can be more unnatural to you, or less aurecahle
l« your integrity, on one hand, both by your
letters and by your ambassadors, to implore
our aisiatuncc in determining your C'aus4.-, anrl
*ia the other, by your actions to judge and
dtcide it vonr own&i'lf? To contemn the au-
itwrity ot the (.'hutch by such a proceeding,
Inn milike is it to the action^ of him, who has
» well defended by the power of the swcird, and
bv the strength of argument, our most holy faith
wl tlie catholic Ciairch? Surely the public
ptuce and trampiilhty have by no prince of our
k^, been more carefully preserved than by you,
•ho piously undertook a war for the Church,
fl'mouvly prosecuted it, and at length for the
lake of public peace and quiet desisted from it,
tPAa whence your highness luis been justl)*
esteemed the arbiter of peace and common
Oinu^rd among Christian princes; wherefore
■Leu we liear these strange things coiuvniing
y*u, it raiseth both our admiration, and en-
rrea«eth our grief, that tiiis one action of yours,
if it l»e true, should cast a blemish upon the
f^try of your former life and behaviour. Where-
f;ire ai we could not but en(|nire into the truth
Icreiif more carefully, and ought not to pass
b* a mattt r of this weitsht with nfuht-t, we
»ere willing to send you this kind adnioniiiun,
tiof a having and atfectionate f;ither, before we
ve iorced to deal with you in the severer
BiCth'His of an impartial judge. I'lio high dig-
»»»'y of your majesty, ycmr nujst (lescrxini; ser-
'Kn to us, and our most tender lovt? and at-
frttion tii vou, makes us claio^e to act towards
}nu, with all respect and gentleness in the per-
»«n of a kind parent, and so lonn lay aside our
vffice as a Judge, till by your Letters we shall
VOL. I.
his great grirf, or any lierrlic to his »«»ighty joy,
should hear that you have nriw removed afar
olF from your I>ed and pre-^ctice, your queen
whom you married, the daii>:hter of a king, the
aunt of the emperor, and kiii\; of the Romans,
alter she had lived witli you more th»n twenty
yeiii.^, and had several children by you; that
you have openly taken another woman to your
bed, not only without our lircnce and dispen-
sation, but also contrary to our e\prcss prohi-
bition ; he cannot but in some measure make
this judgment of the be&t of kin*;.-., that he is
one that little regards the anthoritv of the
Church, and nothing valuer the puMic peace,
than which we are satisfic*! intthinij; can be far-
ther from your highnesses will and i::tontion ;
insomuch that should anv one in vour kinvdom
dare to do this which is repoiK.'d of your high-
lu^s, we surely know thi-t yoa wmi'd be so far
fnun i'p[»rovinff, that you w-j'ild rn'^-t s'.irrly
puni-jh it. Wherefore, v.\y sin. ,?s i^e iiijst
i'criainlv bcliuvc that vt^nr !.:i I'^i,':!-.;; U li ']:ilv
informed iiereiu, so ouglu y-)i;r piMCil.c t j b.>
snch, as not to nivc occasion to sc mdaious re-
ports ; especially in tlK-»e dan'^crous times,
I which so abound with heie^iv^, aiul otiitr most
grievous calainiiii->, lest what, you do, should
grow a precedLiit and e\.:impli' f-.r olhcr>: hti'
the acti«>!»s of j'nnci."j, esptii.liy iI;ost' so illus-
trious as your highness, arc l>)oked upon as
inarkh and patterns whereto otiicrs may direct
their aim, ami whereby thi'> may turin their
practice. Nor ought your i-.i^lincs to mjilcct
the common safety, and overlook the peace and
tran<|iiillitY of Cb.ristcndom, to whii'Ii the bi.'^t
of princt> have never failed lo pay, :is in duly
bound, a reiiard. Nor oni:ht \oij, my son, to
offer thill injury to ihu most sorcnc priiicc-s, tlu*
emperor and the king of tlte R')maii>, tlic said
ijupen Catheiim-'s mplu-ws, who ha\«.* never
glxen yr)n oiii nco, by thus proceedirii; before
your Cause i^ diieimined, thertSy di-»:iirliing
that univu'sai poaco amouii Chri»ti:ui ]>riii(-C's,
when in alone our sat'tty from t lie Turks con-
sists: Icrt you gi\e occasion of much !«candal
in the Cluirch, and of great rlimuor in the
Chri<i(ian \xorld, ami so pr.ivoke ilif Almi^ihty
so i'.ir, a> to chaii'^c the "rciii liie--iu:> he has
so Ion.: poured down upon yon into bificnn ss
and allliction. We ilierctiire of our t( nder
lo\c ami atlection exhort you, and of our ]>a-
ternrd dntv, warn VuU, my son, tiiat lor the sake
of that kind induU'ence and i:t\our which we
have aIw;l^•» shown, and ^hall continue i\ir
to xlii-^N vou, mjlc'ss yi.u hiiuK:- us, that, if ll»e-e
thiriizs be true, tliat tarnish your tormir rrpii-
tatioii of piety and Lilorv, vnu vour>»'lf woiilii
amend theni by alVeciionaiely lUiimg ugam to
'2 A
STATE TRIAUS, 19 IIlsry VIII. Ij'JS.—PnKecdinga relating to the [35(5
y.mrM'lf your queen (larlierlne, by giving her
the honour and respect due to a queou, and
the tenderness and atfeclion due to wile : and
by rciwoviiig the said huly Anne from your
bed and conversation, so long at least till your
Cause sliail be determined, and we have given
Sentence herein. Which, although it be no
more than your duty, and what will greatly
conduce to your iionour, and advance your
glory; yet we shall take as a great mark of
your highnesses respect and good will towards
us. For fls our most earnest desire is always
to prespn c in you your good esteem of us, and
your customary duty and aH'ection to the apos-
tuhcal See, which in your regard and your
actions, you have never failed to shew : so we
cannot without the greatest grief betake our-
selves to the sharper remedies of Justice ; to
which the indignity oH'ered to our own person
herein, which we can wiliinglv pass by, could
never prompt us, nor indeed can any thing
force U6 to it, but the honour of Almighty
God, the sidvancement of the public good, and
the salvation of your immortal soul, as our
Nuntio with you has orders more fully to ac-
quaint your highness. Given at St Peter's
under the Seal of the Fishcnnun, Jan. '25, 1532,
in the 9th year of our Pontificat/*
// IS woroedf in the House of Commons to peti-
tion the Ki/ig to take his Wi/'e again.
Bnt the Pope had no good Answer thereunto ;
for as the people for the most pait exi^laimcd
against the mutch (as our Historians relate) so
tJie king would have found perchance s»ome dif-
ficulty to appease tlieir scruples, when otherwise
he could have satisfied his own. The queen
wanted not yet those w \vi defended her Cause
publickly, both in Books and Sermons (of whom
the chief were Thomas Abel, her chaplain, and
John Fisher, bishop of Rochester) and privately
in discourse, (especially women) though not suf-
ficiently either to clear all objections, or to re-
move tlte king fmm liis affection to Mrs. Anne
Bolen. Among w^hich I must not forget one
Temse, of the I^ower House of Parliament, who
motioned tliat they all sliould Petition the king
to take his queen again : which lM*ing advertised
to our king, he sent for lliomas Audley, the
Speuker of the House, and told him to this ef-
frH*t: " That be marvelled any among them
should meddle in businesses which could not
pro}>erIy be dt^termiued there. As for tbis par-
ticular, that it concemiHi his soul so nmch, that
be many times wished the Marriage had been
cood, but since the Doctors of the Universities
n:id getiendly declared it unhiwful, he could do
DO less tlian ubsbiin fiom her company. Which
therefore be wi><hed tljem to take as the true
ren^m, without imputing it to any wanton up-
periit' : since, being in the one and /ortieth
year of liis ase, it mit^ht be justly presumed such
n>otion«i were not so quick in him. All wJiich,
that tticy iniglit rhi* better underst-ind, he bad
informed himself in all parts of Cbri«>tendrMn,
cnnoemioi; strange Marriagei; and thai, saving
ia S|Mun and Poitugal, be could never Imd diaC
any man bad so much as married two sisters, ii
tlie first were carnally known. But for the bro-
ther to marry the brother*s wife was so abhorred
among all nations, that he never heard an}
Christian so did but himself; and therefore
wiished them to belfeve that his conscience was
troubled."
While these things thus passed, king Ileory
commands his agents at Rome, (the bishop oi
Worcester and sir Gregory Casalis) to present
unto the Pope the Opinion of divers fumoui
lawyers, in favour of his Cause; procuring also
learned men from all parts of Italy, to come to
Home, to offer disputation for the same. To
second this again, king Henry in Jan. 1539,
sends William Bennet, doctor of law, to Romei
with instructions to this purpose. But because
it was found, that, by the continual intercession
of the queeu and emperor, the Pope hitcnded
shortly to cite the king to appear at Rome, ei-
ther in person or by proxy ; he dispatches thi-
ther about February, Edward Karne, doctor of
law, to be his excusaior; and to remonstrate,
that his grace is not bound by law so to appear.
But the Pope making difficulty to admit this
excusator, it was disputed in the Consistory,
whether he ought to be heard or no f But much
time being spent herein, the queen's agents re-
quire the Pope to proceed in the principal
Cause. In tlie meanwhile our kin^, by sir
Francis Bryan, importunes Francis to intercede
for him with the Pope ; who, thereupon by
I^'tter, dated March 10, informs his holiness,
' that the request of the king of Fngland is just,
and ho ought to relieve him. Or else they two
(being une mcsHic cho%e^ and who have so well
deser\-ed of him) shall be forced to seek such
other remedies, as shall not please him,* &c.
To enforce this most earnest letter, Francis
sends Gabriel de Grainmont, bishop of Tarbe,
lately made cardinal, to the Pope, who yet, i»e-
ing coiititiually urged by the Imperialists to
proceed against the king, and liearing besides,
first, the Prohibition of Annates above men-
tioned, and afterwards that a certain priest wof
committed tor maintaining the papal authority,
and tliat another priest (being put in prison by
the abp. of Canterbury for favouring Luther)
after he had appealed to the king tunt^nam Ikh
miatUH Suprcmunif was set at liberty, proceeds
to Citation ; and calling a Consistfiry, July 8,
commits the hearing of the Cause to Paulus de
Capisucci, dean of the Huota, and appoints the
month of October 1532, fi^r the kiiu;*s appetr-
unce, protesting alitufui ptoccdetur, &c. In the
mean time, he writes to our king, certifying
him what was done, yet omittin*: the (Clause of
alioqui procfdftur, in treating him further to
send a proctor; making also this overture to
our agents, that he will be content that all tlie
prfK:css shall be in Kngland, except only tlie
final decision, wliicli, Ih^cjuim' there is ({uestion
of tlie papal authority and the law divine, lie
will reser^-c to himselt. Tlie tfnii prefixed for
our king's appe-urance l>eing expired, Capisucci
cites our king again, or bib proctor*, or fiiiaMy
Ills orators. To all which Kdwurd Kunic »■-
3.i7] STATE TRIALS, 19 Henry VIII. \5*2S.— Divorce qf Catharine of Amig<m, [3J8
swercti publickly, Nov. 14, 1532, That the Pro-
reeding was undue, both as the question con-
cerning hif £xcus«it)on was not decided, and
ihcit he could not get a copy ol'thc C^itatiun ;
and finally as it was not cou^ruuus (o tlie Breve
sent to the kin^ concerning: this bn»iiie5s. lie-
i]di*s, that the emperor \v;i5 so pdwerful in
Itiuic, that he could not expect justice, where-
fore, unless they desisted, he decinred, that he
must appNcal fruni thence to the able men in
some inditTerent universities. And tiiat, if this
were refused, he protested then a nullity in all
that tbey did. But the Pope, as little regard! l)^
diis,goes to Bononia shortly after, to meet the
emperor, according to an agreement made a
|0od while since betwixt them ; promising our
■gents yet, that notwithstanding the queen's
proctor s solicitation, nothing of moment slionld
be done in this Cause, till the empcDr were dc-
parted. — Our king fmding he could obtain no
sskti»faciion from the Pope, hastens the League
vith Francis, formerly projected, to a conclu-
sion ; and the rather, th:it he heard this meet-
ing betwixt the Pope and the emperor would
slwrtly follow.
The king finding tliat the emperor, who
vemed a while to desist from the eager prose-
cution of his aunt's cauM;, was now mure vehe-
ment than ever; sends Instnictions to his
Afsents at Rome, to proti'.-it in his nume, that
he was not bound either in his own person, or
by his proctor, to appear there, mixing for this
purpose, the Deternimation of some uni\ei*si-
ties, and particularly of Orleans and Paris.
Kotwitbstanding which, he permitted doctor
Bennet to make (as of himbelf ) divers motions
to tlie Pope, the principal whereof in our Ile-
oirds I rind these. First, that seeing by the
0[«ini HI i){ lawyers, and tin; (^JUllcil of Nice,
tb» matter ought ti » be decided in pMrtibus ;
and that by the laws of Ki);;laMd the dctenni-
DAiion fit concerning the Succession) cannot
elsewhere be made ; it would please liis holi-
B«M that the abp. of Canterbury taking to him
two eminent bishops or abbiit!>, or the wholt>
der^ of his provin(*e, should decide the same.
But this being dislikVI by the pope, Di'nnet
secondly propos*d, whether he would refer the
determinati«>n to sir Tho. More, or the bishop
of London, to be nominate by (he kini;, and
)f\ the queen or emperor niune another, and
the French king the third, and le^ the abp. of
Canterbury be the fourth. But t!iis also being
rejected, 6ennet came, it seems, to the last de-
pee of the Instructions, which was, that if the
( ause might be heard in Eughsnd, and that
the queen refused the Sentence, she should
bafe the benefit of her App(>;d I.efore three
judges, one of England, one of Fnmce, and the
third from the Pope, who also should discu-s
the matter in some indifferent place. But the
Fope allowed not this, saying, * Since he saw
tiie king would needs conserve his authority,
he iroiilil likewise conserve his, and pn)cced
r«a ordinar i»i .'
Our kin J thought it now bis best expedient
to stand v» tlie deci^on of lus own clergy :
Whereunto it conduced much, that Warham,
abp. of Canterbury, being lately dead, 'I'homas
Cranmer (an able person; much tUvoured by
the nobilitv, as our llisturians say, and lately
employed in the king*s business in Italy, and at
this pre?>ent in Germany, was, though absent,
chosen to tiiis place. Neither, indeed, could
the kiug*s Clande:>tine AJarriMge be much
longer hidden, the new queen being quick with
child : so that he resolved shortly, both to ])ub-
lish his Marriage, and to require his CU-rgy to
proceed to a Sentence concernin>; the Divorce,
ilis parhamcnt, in the mean time, so favouring
his intentions, that they made an Act against
Appeals to Rome, to the no little disple^i»ure of
queen Catharine, who found tbcrehy how dan-
gerous it would be (in point o{ our law) to in-
fiiist on hers. Howsoever, 1 find .she had many
openly fa^oureil her Cause, v/ithout that our
king thought tit to puni*<h them.
Sentence of Divorce pronounced against
Queen Catharine.
Queen Catharine . was now at Ampthil in
Betifiirdsliire ; and bccause.it concerned tlie
king to acquaint her with the causei of this
second Marriage, he sent again some grave
persons to prepare lier thereunto, wishing her
together to sutinit. But she persisting still,
Cranmrr, abp. of Canterbury, cited her to ap-
pear at Dun?>table, being six miles olf. Where
for deciding this business, he appointed a
Court to be held ; and with him came the bi-
shops of Londtm, Winchester, (bein*^ Stephen
Gardiner) Bath, Lincoln, and many great
clerks. Their first proceetjing (as Sanders hath
it) was a citation to our king to put aivay his
wife Catharine, protesting otherwise that tliey
woulrl censure iiiin. But the Hecordt which [
have seen, mention only that Cranm4'r de-
manded sold obtained leave of the king to de-
termine the matter, since it caused much doui)t
among the common people, and tears of grtsit
inconveniences in mailer of Succession. The
Court being now held, and the (}uren sum-
nioiiM 15 davA to;'e:her, without yet that she
appeared, the archbishop having first pro-
nounced her contumacious, proceeds to Sen-
tence, which also he rauMnl to be publickly
read in the chapel of (Mir Lady in the priory
of Duiistable, beforf> two notnrie-t, and tlx'n
sent to the king, <lesii'iug further to know his
mind concerning hs second Marriage, as soon
iis he had advised with his council.
The Tenor of the Sentence was this.
'* In the name of Go I, Amen : WeThmnas
by divine permission archhi.Khup of Canterbury,
primate of all England, and legate uf the
apostolical see, in a certain cause of enr|uiry
of and concerning the validity of the Marriage
contracted and (;onsuiniuated between the
most potent and most illustrious priacc, oiir
sovereijiii h)id Henry JJ, by the grace ot' Ciixl
king of England and France, defender of the
faith, and lord of Ireland, and the most serene
princess Catharine, daughter oi*hu uioi»t watho-
3;!)] STATE TOIAIaS, irnitSRY VIII. \ yi^.-^Pi-ocecdings rclmting to tlie [360
lick maj'.'bty, Fenlinaml kin;^ oi' Spain, &c. of
glorious iiic'Uioi'Y ; we pnjctetlinj» accurdine to
law and justice in the .said Cause, which has
hecn bnm^^ht judicially before us inviitueof
our odice, and >\hich for some time has lain
under examinutiou, us it &till is, bcmg not vet
finnlly deterniinttd and decided, having first seen
all I he Articles and Pleas vihich have ht.«eu ox-
luhiied and set forth of lier part, tooerher witii
the Answers made thereto, and{^iven in on the
part of the said most illiislrious and powerful
prince iienry 8; ha\inu; likewise seen, and dili-
gently insptcted the Infurmations and Deposi-
tarns of mauv noblemen and other witnesses of
unsuspected veracity exhibited in the said Cause;
havinj; also seen, and in like manner carefully
considered not only the Censures and Decrees of
the most famous Universities of ahnost the whole
Christian world, but likewise the Opinions and
Determinations both of the most eminent divines
and civilians, as alao the Resolutions and Con-
clusions of the clerjry of Ijoth provinces of Kng-
Innd in convocation assembled, and many other
wholesome instructions and doctrines nhich
have been given in and laid before us concern-
ing the said Marriage, llavinc; farther seen,
and with like dilij;ence inspected all the Trea-
lhn and Leagues of peace and amity on this
account, entered upon, and concluded between
Henry 7, of inunorial fame, late kin^; of Kng-
land, and the s.iid Ferdinand of glorious me-
mory, late king of Spain, having besides seen,
and most carefully weighed all and every of
the Arts, Debates, Letters, Processes, Iniitru-
ments. Writs, Ari;uments, and all other things
which have passed, and been tr.msacted in the
i-aid Cause at any lime, in all which thus seen
and inspected, our most exact care in examin-
ing, and our most mature dchl)eratioH in weigh-
ing them, hath by us been used, reserving here-
in whatstiever of right ought to be by us re-
served. I'urthennon? the .said most illustrious
and most powr rftd prince king Iienry 8, in the
forementioncd Cau>p, by his pn>])er proctor
ha\ing appeared before us, but the said most
serene liuly Cailiarine in contempt absenting
luTitlf, (whose absence may the divine pre-
sence always attend) bv and with the ad\ice
of tiie most leiirncd in the law, and of persons
of n)ost eminent skill in divinity, wliom we
Jiave consulted in the premij.es, we have found
it our duty to proceeil to give our final Decree
and dellnirive Sentence in ihe said Cause,
^vhich accordiu'Lily wc do in this manner. Be-
cause by acis, ivarrant*, dcdiictions, propo-
6:itions, exhibitions, allegations, proofs and con-
fessions, artirles drawn up, answers of wii-
iies"«e-i, depo!>iiions, infonnations, instruments,
argiuijdit^ letiiTs, writs, censures, determina-
tions of profosors, opinions, councils, asser-
tion's, ai'iirimiiions, tre:ities and leagues of
pe.ice, proce-j^es and otlier mailer^ in the said
C'ause HS is above-mentioned beOtre us laid,
had, done, extiibitedy and respect ively produced,
as also fnmi the same and sundry t)ther reasons,
causes and considerations, manifold arguments,
luid various kinds of proof of the greatcbt e%'i-
dencc, strength and validity, of which in the
said Cause wc have fully and clearly informed
ourselves, we find, and with undeniable evi-
dence and plainness, see, that the Marriage
contracted and consummated, as is aforesaid,
between the said most illusiholis prince king
Henry 8, and the most serene l:idy Catharine,
was and is null aad invalid, and tlmt it was c«in-
tracted and consummated contrary to the law
of God. Therefore we Thomas, archbishop,
primate and legtite aforesaid, having Hrst called
upon the name of Christ for direction herein,
and having God altogether before dur eyes, do
f)ronounce sentence, and declare for the nul-
ity and invalidity of the said Marriage, decree-
ing that the said pretended Marriage alivajs
was, and still is null and invidid, tliat it was
contracted and consummated contrarv to the
will and law of God, that it is of no force or
obligation, but that it always wanted, and still
wants the strength and sanction of law, and
therefore we sentence, decree and declare, that
it is not lawful for the said most illustrious and
powerful prince Henry 8, and the said most
serene lady Catharine, to remain in the said
pretended Marriage ; and we do separate and
divorce from each other the said most illus-
triotis and most powerful king Henry 8, and
the said most illustrious lady Catharine, in aa
much as they copiracted and consummated the
said pretended Marriage de J'uclo and not de
jure, amf that they so separated and divorced,
are abs<jlutely free from all Marringe Hond,
with regard to the foresaid pretentled Mar-
riage, we do pronounce, decree and declare bji
this our definitive Sentence, and final Decree,
which we now give, and by the tenor of tliesc
presents publish. May '23, l.W:*.'*
The king hereupon (according to the Decree
of the last parliament) commands strictly Ca-
tharine should no more be called queen, but
princess dowager, and widow of prince Arthur
Tl^e King proceeded against vigorousfy a'
Rufnc,
And now the news of the archbisTiop ol
Canterbury's Sentence, and open Marriage ol
mistress Anne Holen, being con>eto tlic Pope's
ears, and together with it an Initirmutiun con-
cerning the Book our king had compose<l
against the Pope's authority (which also mort
than any thing eUe oHended hnn) the v%hoU
coliciie of cardinals, especially such as were foi
the emperor, became humble suppliants to the
Pope, that he would proceed ri^onuisly against
our king; which also the Pope accorded, t lit tugl:
not in that peremptory ami pnblick manner as
was atlerwards done ; for I find that this Sen
tence was not definitive in the principal Cause
(as tlie imperials desired, and Sanders mistaket
it) but only declarative in the point of At-
temptats, (as they call it) in that king Henri
(the Cause yet depending;) had divorced himseil
without the leave and authority of the Pope
Therefore it was declared that all his action:
herein were subject to a nullity, and himself ic
eicommunication, unless he restored things n
S«I] STATE TRIALS, imiEKRYVIII. 1528 Divorce qf Catharine of Arragon. [3G2
intffsrum, fur which time was ullowed him till the
eiid of (Mfpteiiilier tbllowing. These proceed-
insjs being reserved, und tlit? censures thus sus-
pended, argued that the Pope was willing bo-
lore he fient mny turtlier to see tiie success of
his inteniew with Francis, which was accele-
rated by this means. — ^This while, our king be-
ine contidenty thiit either by tlie Fope*s good
pemii»>ion, or his proper authoritv, he should
be able to justity a Cause which so many Uni-
vmities had sentenced on his side, proceeds to
the coronation of his new queen, which also
vas performed with much solemnity. — ^Thc
Voye was often solicited by Francis in the be-
Ulf of our king, that ut least the time of de-
dtriii^ the Censures agsunst hiin might be pro-
rogued. But the Pope answering only, that
though the term prefixed for fulraination were
BOW past, yet he would omit furtlier process
till he came tu Rome. Our ai^enta not con-
tent hcre\%ith, proceed in their Instructions,
uul Kdmund I^>nner, as I find by an Original
of his to our king, getting audience ot the
Pope, Nuv. 7, in res(>ectrul terms, and under
protpstatiun tliat his majesty intended no con-
tempt of the see apo^tolick f)r holy church, inti-
mated to him kin(]r Henry's' Appeal to the next
General Council lawfully assembled,* exhibiting
also the untheutirk Instruments thereof (made
beff>fie the bishop of Winchester ;) at which
the Pope being much incensed, said, '^ he would
refer it to the Consistnry.* Which being held
XuT. 10, he answered Bonner, • That, con-
cerning ilie king's Appeal he rejected it, as
being unlawful, and against a Con«ititution of
P^pe Pius. Q, For the Council, he would pro-
nire ir, as belon^^in^ to his authority, and not
to Lin^ flenry's. S, Tor the Original Instru-
loeni^,* which Boimer rcc|uired back, ' he de-
nied them.' and so dismissed him ; desiring
Frni;ri» imly, that he would persuade our kinu;
to roiifftnu 'himself to his ancient devotion and
obedience to the Roman Church.' Shortly af-
ter which, being the 12th of Nov. 153:J,' the
Pope miiriKtl. J find moreover that the abp.
of Canterbury at this time suspecting the Pope
would proceed against him, by the advice of
our king made liis Appeal also to the Council :
vhich he dtsireti our agents to iathiiate to the
Pope. 'I'he success wberei if yet doth not ap-
pear III our Ucc(»rds.
Ikt Pope's Si'utcncc €t»ainst the King set up at
Dunkirk.
AUmt this time the Pupe's Sentenrc ns^ainst
tKf kin)! was openly set up at Dunkirk in Flan-
HtrPo; si) that to prevent turther inconveniences,
the kin^ (as our Records alH>w) Hdvi>ed with his
command it to be Umght, that the General
council is above the pope, and that he hath no
more authority in England by (iod*s law than
any otlicr l^)rcign bishop. Lsistly, to send into
(iennany, to confederate with the king of Po-
hmd, John king of Hungary ; the dukes of
Saxony, of B:ivaria, the landtgrave of Hess, ^c.
as likewise the Hanse-Tfutonick towns, lieing
Luberk, Dantsick, Norentburgh, &c. These
things being resolved on, for a tinnl Answer, he
desired the bishop of Paris to certify Franci:*^
That if the pope would supersede from execut-
ing his Sentence, until he liad indiiferent judges
sent, who might hear the business, he would
also supersede from the cxec^ution of what he
wsu deliberated to do in withdrawing his obe*
dicnce from the Roman see. But the bishop,
who tliought this alone not enough to reduce
things into good terms, made an oHTer to nego-
ciate the business at Rome ; which our king
gladly accepted, assuring him withal, that as
soon as he had obtained what was demanded,
he would send suflicient power and authority
to coiilinn as much as was accorded on his
part, as having entire confidence in his discre-
tion and suthciency, ever since his two years
einphiyinent as ambassador in this kingdom.
Whereupon the bishop, though in Christmas
holydays, and an extrcam winter, posted to
Romt? : where lie came before any thing was
done, more tlian what formerly past : and here
obtaining a public aud.ence in the Consistory,
he elor]uently declared our king's Message, re-
presenting both what he had obtained of our
king, and shewing withal how advantagef)U8 it
would be to the whole church. Which so pre-
vailed, that tliey prefix t a day l'»r i-ecciving Jrom
our king a contirmation thcrinjf. Ti)s<miuch,
that a courier wasdispatcht'd to our king Henry,
desiring his Answer, within the time limited.
But the term l>eing expirtxl, and no Answer
brought, the pope r(^*<ilved to proceed to ful-
inination of the Sentence ; which Iwing adver-
tised to Bellay, he repaired to the pope and
cnrdiiials, (then sitting in full C#)nsi>>iory) flc-
.siring them to stay a while, it being probable
that llie courier, either tiirough cross winds, or
other accidents in long joiiriiies, niighr be de-
tained ; iroiu'luding bis speech, thsit if the
king of Kiiulaiid had six years tngetlu.T been pa-
tient, they ini<:lit attend six days ; which space
only he de?ired them to give him, fiir the ro-
cei\i')g of our king's .\nswer; this proposition
being put to the question, the plurality of
voict*s carried it against our king, and' the
ralheT, iliat in this mcau time, news came to
Home, that the king had printed and published
the fiook written against the Pope's authoritv,
lounril, Dec. 9. First, To inform his subjects j (which yet was nntnie, for it came not forth
'ff his Appeal to the Council General, and tlx'
j«i«ice thereof. SSecoudly, Of the ITnlawful-
Dr6^ (if ihe dowager's Appeal to Itonie, and the
Ute ktatnte ngainst it, which said statute was
(ftirtliat purpose) f) be set upon every church
^rin England, asals<» his niajcsty*!i said Pro-
Tocatiou, or Appeal, whereof transninpts also
*efe to beicDt into Flanders. Thirdly, To
till alUTwards, though it was not yet kept so
clo^e, but a copy was now; c«)me to the Pope's
hands) and that there was a comedy repre-
sented at court, to the no little <lefaiuation of
certain (-ardinals. Ijy reason whereof ihe
Sentence was si» precipitated, that, what ac-
cording to th<Mr usual tonus could not Itedone
in less than three Consist uric -;, was now di9>
303] STATE TRIALS, 19 Henry VIII. 1528 Ihvcecdhtgi rtUaing to the [564
patched in one : and so by a final detennina-
tion the Marriage with queen Catharine was
pr )nounced good, and king Henry commanded
to accept her tor his wife, and in case of refusal
~ Censures were fulminated against him. But
two days of the six were not past, when the
courier arrived with ample commission and au-
thority from our king, to conclude and confirm
all that the bishop had agreed in his name.
Which was this, (as the wntcr of the Concilio
Tridentino hath it) that king Henry was con-
tent to accept the Judgment of that court, upon
condition that the suspected and imperial car-
dinals should not intervene, and that indiife-
reiit persons should be sent to Cambray to be
informed of the merits of the Cause ; giving
authority further for his proctors to appear in
thiLt court. At whirh, the more wise and torn*
p€ratc canlioals were so astonished, tliat they
becimie humble suppliants to the pope, that he
would advise how all things niight he repaired;
whereupon the business was again discussed.
But all remcdi(fs being judged either late, or
impossibh't the Sentence stood, and the empe-
ror was made the executor of it. The bishop
now returning toward France, met (as I find by
our Records) Edward Karne and \Villiani Re-
vet, who were employed by our king for solicit-
ing this important business. But as they un-
derstood by the bishop, that the first Marriage
was pronounced good, and the issue by it legi-
timate, so they jud«;e(i it lost labour to proceed,
and advertised all to our king.
The Sentence uas to this tffect.
" Tliat Pope Clement the seventh with the
consent of his other brethren the cardinids as-
sembled togctlicr in the consistory, sitting there
in the throne df Justice calling upon the name
of Christ, ancf having God only before his eyes,
dotii pronounce, define, and declare in the
cause and causes between his dear daughter
Catharine queen of England appealing to the
see apostolique, and his beloved sou Henry the
8th, king ot England, concerning the validity
and invalidity of the matrimony heretofore con-
tractt'fl lictween them, and yet depending in
the Consistory Court of the said Pope Clement ;
that the said matrimony always hath and still
doth stand firm and canonical, and that the
iMiie proceeding, or which shall proceed of the
Mme, standeth and shall stand lawfull and le-
iptimate ; and that the aforesaid Henry, king
''England, is and shall be bound and obstrict
ibe matrimonial society and cohabitation
b ibe said lady Catharine liis lawful wife
queen, to Iiold and maintain her with such
iund princely honour, as becometh a loving
bandy and his kingly honour to do. — Also
the said Henry kmg of England, if he shall
le 10 to perfonn and accomplish all and
pilmr the premises, in all elfectual manner
f| be condemned and compelled hereunto by
wncdies of the law, and enforced, accord-
"4 we do condemn, compell, and enforce
p to doy providing, that all molestations
iifiiMls whatsoever made by the said king
Henry against the said (jueen Catharine, upon
the invalidity of the said marriage, to have
been and l>e judged unlawful and unjust ; and
the said king from henceforth for ever to hold
his peace, and not to be heard in any court
hereafter to speak touching the invalidity of
the said matrimony : like as we also do here
will and charge him to hold his peace, and do
put him to perpetual silence herein ; willing
moreover and adjudging the said king Henry
to be condemned, and presently here we do
condemn him in the cxpenccs on the said queen
Catharine's behalf here in our court, expended
and employed in traversing the aforesaid cause,
the valuation of which expences wc reserve to
ourselves to be limited and taxed, as we shall
.judge meet hereafter. We do so pronounce, I,
at Home in our Apostolical palace publicly in
our Consistory, 25th March 1534. Blosius.
The King^s Marriage with Catharine made void
bj/ Act of Parliament.
In the year 1554, QS Hen. 8, upon the suit
of Parliament to the king for the establishing
.of the Succession to the crown (the uncertainty
whereof hath caused heretofore great division
and bloodshed in this realm) it was enacted,
that the kh)g*4 Marri;ige with the lady Catha-
rine, wife and carnally known to liis brotlier
prince Arthur (as was lawfully proved betbre
Thomas, abp. of Canterbury) as contrary to
God*s law, shall he held void : and she styled
no more queen, but Dowager to prince Artliur,
and the matrimony \vith queen Anne shall be
taken for firm and gr>od ; and the issue thence
procreate be accounted lawful ; the iiihentaoce
of the crown to belong to the same, in manner
following, viz. Fii-st to the eldest son begotten
by the kmg on queen Anne, and to the heirs of
the said son lawfully begotten, and for default of
such heir then to the second son, &c. and if
queen Anne deceai^.■ without issue male, then
the crown to descend to the sou and heir of the
king*s body lawfully begotten, and the heirs of
the said son lawfully begotten, and for a default
of such issue, to the second son in like manner,
&c. And for default of sons, that tlien the
crown shall belong to tlie issue female of the
king by (|ueen Anne ; and first to tlie first be-
gotten the princess Elizabeth, ajid to the lieira
of her body la\% fully begotten. And for de-
fault of such issue then to the second daughter
in like sort, &c. And for default of all such
issue, to the right heirs of the king's highness.
It was ordained that this Act shall be pro-
claimed before May next throughout the king-
dom. And all persons of age shall swear to
accept and maintain the same. I'hey wiio re-
fuse the Oath standing guilty of misprision of
High Treason ; and they who speak or write
against the Marriage or Succession here esta-
blished, to be adjudged iraitoi-s.
Two Bishops sent to acquaint Queen Catharine
with this Act,
The Pope having proceeded in those rigor-
ous terms with our king, (as is ibrmerly men-
5«51 STATE TRIALS, 19 Henry VUL 1 52\i. — Divorce qfCatharitieqfArragon. [360
tioned) aod for more authorising hit Sentence,
made the einperor executor thereof, hoped now
to have his revenge, but he was deceived. For
though the einperor did gladly accept this over-
ture, for his auiii queen Catharine's sake, and
tJie hope he had to dispose of the princess Mary,
as inberitrii of the crown, yet as he had deeper
dcsignSy in aspiring to the conquest of Italy,
and indeed to an universal monarchy, he was
DO less glad of the occasion to take off our
king firom the Pope : howsoever each side pre-
pared for war. The emperors intention was,
to give the princess Mary to some one, who
opon her title might pretend to the crown,
whom therefore he promised to second. Our
kin^ and Francis not ignoifuit of the emperor's
designs, agreed on the other side, partly to
join with the duke of Gueldres for invading the
idjoiiiiog territories to France, and partly to
renew the ancient claim to Navarre, and assail
tJie emperor in those quarters. Yet neither
did that of the emperor take effect, because
there was no means to recover the person of
the princess JVlary. Nor this of our king's, be-
cause Francis employing his thoughts wholly
on the aflfairs of Italy, did not thiuk fit to
comply openly with one against whom the Pope
bad folmmated. Howbcit, our king for defence
of his authority and second Marriage, neg-
lected not to obtain from the parhiimenta con-
firmation thereof, and of the. Succession in
that line, (as is mentioned before;) sending also
to queen Catharine at Biigden near Honting-
dno, in sequence thereof, Edward Lee, abp. of
York, and Cuthbert Toustidl, bishop of Du-
icane, to signify unto her, that he took it ill
that khe still claimed the title of Queen, &c.
t!te passages of uhichnt'^)ciation I have thought
fit to mil scribe out of die Original Record, as
containing many matcriul points concerning
liie whole frame of the business.
TAfir Letter to the Kini^f was this :
" Please it your highness to understand, that
tbi> day we repaired to the princess Dowager,
and there I, the abp. of York, fur an introduc-
tjon to declare to her the effect uf our coinniis-
fiun, said to her ; 1. That your hij^hiiess had
often sent to her divers of your conncil, and
vnoiifLht tiiein iru*, one, to declare unto her the
invalidity uf the Slurriage, belwcen your hi^h-
Bc^ and lier ; 2. Tiiat carnal knowledge, which
I! the great key of the nmtter, is ^utficlently
proved in the law, as also some that were of
tlif ciuiicil do avow ; 3. That upon proof so
aiScientlv made of carnal knowledtir. Divorce
*r» made between your highness and her ; 4.
Tlirii upon Di\orcc made by lawful Sentence,
ihe wai admonished to leave the niune of a
f\w.i'n, and not to account or call herbelf hvro-
feltcr your hii;hne«s wife; 5. How that after
Jbur Lkihness wna discharged of the Marriace
vi9f\e with lier, you contracted new Marriage
•1th your dearest wife queen Anne : 6. That
itr «o much tu, thanked be God, fair issue is
timiiy sprung of this Marriace, and more
Htljr to follow, by God*s grace, that tlie whole
body of your realm gathered tr)gether in par-
liament, hath for the cstabli^hment of thi:i
issue, by your dearest wife (juecn Anne, and
tlie Succession cfjniin<; of this Marriage, made
Acts and Ordinances against all them that
would in word or in deed witlistand them, imd
that for these purposes, we were sent to her
grace, to the intent she might understand the
true purpose of these Acts, with the pains ;
lest by ignorance stie should full in any of
them, and so I declared the Act. Which thing
being thus declared to her, she being therewith
in great choler and agony, and always inter-
rupting our words to the aforesaid points,
made these Answers following. To tlie first,
that she took the Matrimony between your
highness and her for good, and so always would
account herself to be your highness's lawful
wife, in which opinion she said she would con-
tinually, till death, persist. To the second,
she utterly denied that ever carnal knowledge
was had between her and prince Arthur, and
that she would never confess the contrary, and
with loud voice when mention was made of
that point, she said they lied falsely that so
said. To the third, she answered, that she is
not bound to stand to that Divorce made by
my lord of Canterbury, whom she called a
shadow, and thai although he had given Sen-
tence against her, yet the Pope had given Sen-
tence with her, whom she took for Christ's vi-
car, and therefore would ahvays obey liini, ns
his faithful daughter. To the fourth, she ans-
wered, that she would never leave the name of
a queen, and she would always take herself for
your highness wife. To the fiiUi, she said that
this Marriage, made after her Apped, which
she made by your highness leave and consent, is
of no value. To the bixth, she answered, that
she is not bound lo the acts of the parliament,
for so much ns she is your highness wife, and
not subject to your highness, and also because
these Acts ivere made by your highness sub-
jects in your favour, your lughness bcin«; party
in this matter ; with divers other unseeminj^
words. Unto wliich her Answer I the bishop
of Duresme replying, forasmuch as she had
said in her communication, that both I and the
residue of her council had always shewed unto
her, that her matter is just and good ; 1 said,
that all the question whereupon we were con<
suited at such time as the legates were here,
dtpended only uiM)n the validity of the Bull
and Breve, albt- it I said, that sith that time
(livers other questions had risen ond heen de-
h:tted l»v nianv 1 iiiversities, the chief of
Cllri^tcnlloIn, of \%hicli one \m«s Bononia, the
Pope's own town ; and by them conrhided,
I hat after the decease of the brother, who had
hari Ciirnal knowledge with his wife, the hroiher
livirii; nii«rl)t not nr.irry the saifl wife by any
dispensation of the Popp, Ijccause it was for-
bidden by the law of (iod. And forasmuch as
the Pope (albeit the said conclusions, have
l)cen by learned men sent from your hiiihnrss.
declared unlo hnn) ne^'er made an<^\M>r tu
maintain lawfully liis power to the coiitrary.
$67]
STATE TRIALS, 20 Henby VIII. Id^Q.—Proctedings against
[368
but .rather in confirmation of tlic Opinions of
tlie said Universities, said ot Marseilles, tluit
if Your grace would send a Proxie thither, he
would give the Sentence for your highness
against her, because that he knew that your
Cause was good and just, which liis siiying was
mccordingly also to an Epistle Decretal sent
hither by the legat Cnmpejus, whereof the ef-
fect was*, that if marriage and carnal know-
iege were had betwixt prince Arthur and her,
the legates should pronounce for the Divorce,
according whereunto proofs were brought in
before the legats, and also since, beibre the
convocations of this reahn, and tlie bishop of
Canterbury, and by them allowed and approved
as sufficient and lawful : whereby doth plainly
appear, that the Sentence given by the Pope
to the contrary was not vailable, because it
pronounced the Dispensation, (which he bad
no power to grant, seeing it was against the
law of God) to be good ; therefore I had now
changed my former opinion, and exhorted her
to do the semblablc, and forbear to usurp any
more the name of a aueen ; specially for that
this Sentence ihe stickcth so greatly unto, was
given after your Grace's appeal to the council
general, and intimate to the Pope, so that it
could not l)e vailable. And that if she should
so do, she might thereby attain much quiet-
ness for herself, and her friends, and that
slie being conformable so to do, I doubted not
but your highness would sulVcr her to have
about lier such persons as should be to her
pleasure, and intreat her as your Grace*s most
dearest sister, with all liberty and pleasure,
with divers other thhigs wliich by her much
enterlacing, I was forced to answer unto. The
s|>ecialties whereof, and of her obstinacy, that
she will in no wise, ne for any peril of her
life or goods relin(]uish the name of a queen,
we do remit for tediousness unto the wisdoms
and discretions of my lord of Chebter, Mr.
Almoner, and Mr. Redell, who like as they
have very substantially, wisely, and elTcctually
ordered themselves in the execution of the
premises, so we doubt not, but that they
will sincerely report the circumstances of the
same unto your highness, \%hom we beseech
Almighty God long to preserve in mach ho-
nour, to his pleasure, and your hearts desire.
At Huntington, the 21 day of May. By your
highness most humble subjects, servants and
chaplains, Edovaru Kbop., Cuthbert Dv-
RESME.^'
Queen Catharine, or Cas the king commanded
her to be called) the Princess Dowager, finding
now no assistance but spiritual from tlie Pope,
nor reparation procured by the emperor but
incertain and slow, and for the rest grieving at
the prosperity and fruitfiilness of queen Anna
(now with child azain, whereof yet she miscar-
ried) fell into her last sickness at Kimbolton in
Huntingdonshire, in the 50th year of her age,
and the three aiid*thirtieth smce her coming
into England ; during which time, though com-
forted by the king and Kustachio Chapnyt^
doctor of both laws, and ambassador resident
from Charles, she fell so desperately ill, as
finding death now coming, she caused a maid
attending on her to write to the king to this
effect:
** My most dear Lord, King and Husband x
The hour of my deatli now approacliing, I can-
not chuse, out aut of love I bear you, advise
you of your soul's health, which you ought to
prefer before all considerations of the world or
tlesh whatsoever. For which yet you have cast
me into many calamities, and yourself into
many troubles. But I forgive you all ; and
pray God to do so likewise. For the rest I
commend unto you Mary our daughter, b«-
secching you to be a good father to her, as I
have heretofore desired. I must intreat you
also, to respect my maids, and give them in
marriage, which is not much, they being bot
three; and to all my other servants, a year's
pay besides their due, lest otherwise they
should l>e unprovided for. Lastly, I make this
vuw, that mine eyes desire you above all
things. Farewell."
Besides wliich Letter she dictated another
to Eustiichius, desiring him to procure that the
emperor might put our kin^ iu mind of her re-
quest, when otherwise he forgot it; and soon
aftenvards she died.
29. Proceedings against Thomas Wo isey, Cardinal and Archbisliop
of York, upon a Praemunire, and lor other Offences : 20 Hen.
VIII. A. D. 1529. [Lord Herb, in Kcnnctt Coinp. Hist. 123.
4 Co. Inr^t. 8y. 1 Cobb. Pari. Hist. 490.]
Cardinal Wol^ey hcin^ now divesti'd of
his late power (wherein he had the glory, in
some port, to have been superior to his ting)
and for the re^t bclnt; left alone, and exposed
not only to a general hatred, but to the private
machinations of the present and future queen,
became semuble of his ill estate ; though yet
be did nut believe himself so near his over^
tbrov^'y Bt it appeared afterwards. But wliat
could he hope for, nhcn buch puissant enemies
did procure his dfatructiun ? Therefore, though
he received some nd\ ict-s from Xtome, which
might ar{iuc a eurc rather than a power fur his
conservation, ytt in elVcct what secret intelli-
gence snever passed hetivixt the ]H)pe and liim,
came to the emperor tiisr, and after to queea
Catharine, who cunningly caused it to be
whiipcrcd into the king's ears, by 8om« more
360]
STATE TRIALS, 2() Henry VIII. 1 520. —Cardinal JVolsa/.
[J7(»
indirect ways, tliun it could possibly iH'iuia!!iii-
cd ti# pructrcd from htr. LikewiMC lllist^c^^
Anne Ui^leii, having learned tVom SDint* of the
kn»g*s wisest niid j»ravest ronnbcUors <livcr»i
mdrersatiuns of thu cnrdinul, was so fur iVoni
disgiiisiiii; them, thut she even nii.siiiterpretcd
his ia'tter nctiuus. Ednuind (tampion iidds to
thcsi* reasons, that sir Francis Bryan h^in^ in
Rome, did by the means of si familiar of one
who kept ihe Pope's papers, obtain a Lttter of
the cardinal's, which wroudit his ruiii, in thi>j
manner : Having first >he\>ed her the curdinai'*)
bnod-writiiis:, mid then corrupted her, this
courtezan so dexterously pfrfornied the rest,
as upon pr<*teDce of visitms; her Movant in liis
>iudy, she conveyed away this letter, and gave
it Urjan, who iliiled not nnmediately to send ii
to our king. Whicli reUition of Campion,
though I \%ill not contradict, yet I suppose to
, be the more improbable, that I find by orit^innl
dispatclies, Bryan was come from Roine before
tiiy ari^uraent of the kind's disfavour to the
Litrdinul appeared. Howsoever, the way the
king took to overthrow him was merely legal,
though approacliing to Su»mww Jus, after most
mens opmion. In ilie carriat;e whereof yet
that <!ecresy was used, that the cnnliual did
out, or perchance out of greatness of mind,
«>juid not take notice df what was intended
against him. So that thouji^li the Bill or Jn-
dictment was put in Tat the be£;inniug o^ ^Ti-
chaelroab tenn) yet did he ride tliat day to tiie
Cliancery with his accustcmicd pomp. Ul
vluch our king being adverti*ied, thoui;ht fit to
forbid him the place ; as think int; it uiuh'Cf?nt,
that a man, who was upon tenns of conviction,
should administer that high char^^c. Therefore
tb>.' dukc*> of Norfolk and ^uA'olk were sent, the
ly.h of (Jctober, to rc^juire the jireat. ve:d of
him. But ihe cnrdinui, instead of reiuh riiii;
u, disputed their uutliority, alliH-tging the piaco
''I I'jnl chancellor, was by the kinj»'s letters
fratent'* gi\en him during life. [(jn. the vali-
dity of *»uch a patent, see Co. -1. Insr.] The
two dukes hereupon reUirned to court, brin>:-
ingihe next day the kinu*!» lettcis to the car-
dinal, who liaviiiiT read then), deli\ered imnie-
diaTely the jireat seal ; in sequence thereof,
ako <*uhniittii;^ him!^«.*lf to the king, who rom-
niAiidfd him to leave York-l'lace, and simply
It depart to A(>her, a country-house near
Mainpton-Conrt, belonging to the In^^hop of
Winctie«ter. He chartieil his oilieers aUu to
I HMfiiCory and brine; tiirtii his goods. Where-
■[lon much bra\e furniture made into han^io;v«,
ItCiidfs whole pii*ccs of ri(hstufl*s were set
I Ufifjn divers titble^ in his house; the variety
I itid niniilHr whereof may be imauined, when
< :;>« Cavendish hath it) ol' fine llnllaiid cloth
•Wjne there were a thoiisaiid piert:s. Besides,
1 'h*- whIU of his siallerv on the one side, were
luneed with rich %mts of cloth ot' i^iild, cloth
of -.iher. cloth uf tissue, and doth of bodkin :
oil the other side was placed the most ^loriou> |
Viitof copes that had been s«.>en in tln^land.
hi a chamber near to the e:illciy was a ^rr at
cupboard «if platVy of ma^>.y guM : and in u
VOL. J.
chamber adjoining, vast quantity of other
fdate. AUwIiieh tttc cardinal coiiiinanded sir
William Ga">coj;ne (his treasurer) to deliver to
the kintjL, when he was reiiiiired.
The Bill against the CttniiauL
In the mean while the Bill against the
cardinal proceeded, the most sub^^taiitial partit
whereof beinj; extracted out of the Orij»inal
llecord, 1 ha\c lhou^llt fit to ])iesent to the
reader. The ground upon which Christopher
Hales, the king's .Attorney, prosecuted the c:ir-
dmal, was a statute of 10 Ui<r}iar(l V>, in nhich
is enacted, " That whereas the coiuiiKiiis ot' the
realm ou^ht of right, and were \% out of old
time to sue in the kinji's couit to renner their
presentments to churches, prebends, and other
benefices of holy church, to wh:eh they Imd
right to ]iresent, and whtMi jndcnient shall be
given in the said court upon such a ple-a and
presentment, the archbishops, bishops, and
other spiritual persons, which have in<)titutions
of such benefices within their jurisdictions, bo
(>ound, and have made execution of such judg-
ments by the kiiif^V commandments, of all tlie
time aforesaid, without intcrriiption, and als«)
be Ixnind of right to make e\ecuti ju of many
otlier the king's commandments: of which
ri«;ht the crown of I-Jigland hath been peace-
ably sci/ed, as well now, as in the time of all
his proiienitiirs. And whereas the bishop of
Uonie" (tnr so lie is termed in the :ic^) ** had
made divt-rs proctsses and <*ensures of exconi-
nmnication upon ccitnin bishops in England,
b«'cause they have maile execution ^^f sih'U
cnniinnndnienls, and als(} lifc:iii^e he liaih or-
daiiic-d and porpost-d to traiislaic some prelate^
of tljc realm. >oine out of the realm, and :s'*'mo
li-oin one bi<»hopricU to another within thi^ .s<id
realm, without the kin*;'s assent niid knowledge,
and wiiiioiil li.e absent o{ the pn laits, wfuth
so sli.dl be tran>lnte.{; which prelateH l»e min'ii
profitable and lurcr^biTv to our loid the kiiii!,
and to all his realm ; which tranblation?) if they
should bo siiilcred, the >latntcs of the n-al-n
^'hoiild be defeat L'll andnindc void, and U'n sa;d
!iei;r sai:«"s of' his council, without h.is iir-MMsr,
and nfisiiiist l>i» will, carriiMl away and L'oitcii
oiitof his realm, and the substance and treasure
of the realm shall be carried awav, uiul mt the
realm <le-riiun' a> well of eonnscl as i»t sub-
stance, to the final destnation of' the same
r<>ahn ; and so the crown of lai^land, which
hath beiM) so tiee at all tinit'S, thai ii hath been
in no eartliU siibiection, but immediattly sub-
ject to (fod in all things touching tlu- le^aliiy
of' the same crown, and to none otbei, shouM
be submitted to the pope : and the l.iws ;tnd
statutes of the ^iiid realia, bv him deteaied and
avoided at his will, in per| t'liud drstruL-tion tA
ihe sovt'reiiznty of the kmi: our lurd, his crown,
hi> regality, and of all hi> re.dm, \*c. There-
fore tSio kinL% by the assent of his lord?, and at
the request of the commons, hath ordained ami
estublishdi, that, if any purchase or pui>iie, or
cause to be purchased lU* pursued, in tliec>mrt
of Utmie, or eUewhert. unv Tiaii'ilaiion*, Pio-
571] STATE TRIALS, 20 Henry VIII. 1 620. --^Proceedings againsi
rcsscs, Hiifi Sci-.iencL'S of KxconiiriUiiicutinn,
Bulls, In^triinuiil?, i rulliir tilings whaisoeior,
which toiidi tlie king, :)^i>iiisc liim, his crown,
qikI re^nhty or ixiilm, and they which bring
within tlie realm, or them receive, or make
tliereof notificntion, or anj other execution
Tvhatsoever within the banie reahn or without ;
that they, their notaries, procurators, inain-
taiiier«, obetiors, fuutors and counsellors, shaJl
be put out (if the king's protection, and their
lands and tenements, goods and chattels, forfeit
to the king, and that ihe^ be attached by their
bodies it' they may be found, and brought before
the king and his council, there to answer to the
cases aforesaid, or that process be made against
them by a writ of Pro'inunirgfaciaSy in manner
as it is ordained in other Statutes of Provisors,
and other, which do sue in any otlicr court, in de-
rogation of the regality of our lord the king.**—
Upon which statute it was alledged, "That
Thomas, legatus de htere, cardinal^ archbishop
of York, and primate of England, being not
ignorant of the prcmisrs, had obtained certain
Bulls from Clement 7, by which he exercised
jurisdiction and authority kgatine, to the de-
privation of tie king's power established in his
courts of justice; which suid Hulls he caused
to be publicly read in Westmhister, (Aug. '^8,
J 533) assuming to himself thereupon the dig-
nity and iuri>diction of Legatus de latere,
which he hath exercised from the said leSth of
Aug. to this day, to the prejudice of the right
of both secular and ecclesiastical persons, and
that by colour thereof, he had given away the
Church of Stokc-Guildford in the county of
Sun ey (being of right in the donation of the
prior of St. Pancrase) to one James Gorton,
who also enjoyed it accordingly. All which
was to the contempt of the king and his crown,
and contrary to the aforesaid statutes of 16
lid. 2. Moreover that, by colour of the said
authority, he had caused the la^t Wills and
Testaments of many (out of his diocess) to be
exhibited and proved in his court, and their
goods and chattels to be administered by such
as he appointed. Also that, under colour of
the said authority, he had made diveis vi:$ita-
tions out uf his diocc^s, and drawn divers Pen-
sions (rom Abbeys, to ih^ contempt of the king
and his laws.'*
'I'he proofs of which particulars, though evi-
(h nt and notorious were not yet urged to iiis
conviction, tilt, through the kind's special per-
inijision (by writ of October 28.) John Scuse
and Christopher Ocniuv appeared in court as
his Atiorniys : where, lor all oilier Answers,
ihey protested in the said cardinurs name, that
the said cardinal did not know the impeiration
of the said RiiIIa to have been to the contempt
and prejudice of' the kiiitj, or that it was aguinst
any Statute of Pixivisors heretofore made. As
for the partiriil.il ^ uluiewitli he was cliuiiied
bv mister Aitornt v, he CHofest theoi all true
in the manner and form allc<lged : and so sul>-
uu(tel Liuiself to the king. \^' hereupon the
court pave Sentence, that ** he was oat of the
king*t protection, and hit land.*, good:i, and
[372
chattels forfeit, and that liis person might be
seized on."
The Cardinal is condemned iu the Star Chamber,
Not contented herewith yet, another proof
of the same kind was by the. king's attorney
produced against the Cardinal, namely, that
contrary to the right of the true patron (l>eing
the master and fellows of the liospital of St.
Laznrus in Burton- T^zur), he had, by the saine
authority, given away the parisii-church of
Galhy in Leicestershire, and dioccits of Lincoln
(then vacant by the death of one Woodrotf) to
one John Allen, doctor of both law s^ and placed
him in it. — And thus fell the Cardinal, togetJier
with all his vast possessions, into the king's
hands. But the king did not think it enough
that he had particularly advantaged himselt* u£
tite Cardinal's punishment, unless lie made
some use thereof to the general, so he called a
Council of the nobles, to sit in the S tar-Cham-
ber, who having sufficiently condeinne<l him, be
aAerwards remitted him to the Parliament,
which began November 3, 1529. Wherein the
king also did wisely, since by hiterc sting tlie
publick in his condemnation, he both declined
the censure of th'>sc who thought the late I-Vo-
ceedings to have been of the severest, and en-
deiu^d his people by putting the power of
punishing him into their hands. Therefore
they took it as an intire satisfaction for all they
had hitherto suffered ; and by applauding of
the kin^, made him know how thankfully they
took this favour. And thus did the king return
to that former good opinion he had of hif
subjects.
Articles preferred against the Cardinal ti|
Parliament,
Hereupon, certain Articles aguinst the Car«
dinal were preferred in parliament. The ori-
ginal whereof, found among our Records, I
have thought fit to tnmsciibe ; and the rather
for that our vulgar Chronicles misreport them.
" Constrained by necessity of our fidehty
and conscience, complain and frhew to your
royal majesty, we your graces humble, true,
faithful, and obedient bul>jccts, That the lord
Cardinal of York, lately your graces chan-
cellor, presunjng to tal^e uuon him the autho-
rity of the Popes Legat de latere, hath by
divers and many sundry ways and fashioni
committed notable, high, and grievous Offences,
misusing, altering, and subverting tiie order of
your graces laws, and otherwise contrary to
your high honour, prerogative, crown, estate,
and dignity royal, to the inestimable damage of
your graces suhjtrtH of every degree, and am-
sequently to the greiit hindranre, diminution,
and dcray of the imiversal wealth of this your
graces realm, as is it touched summarily and
particularly in certain Articles here following;
which be hut a l\ w in comparison of all his
enormities, exre>«e^, and transgie>sion9 com-
mitted against your graces laws. Tliat is
to say,
1. Finty where your grace, and your ooblt
373]
STATE TRIALS, 20 Henry VIII. l529.—CardinalWolscy.
[374.
progenitors within this your realm of England,
being kings of England, have been so free, that
tiiej have had in all the world uo other sove-
reign, bm immediate subject to Almighty God,
in all things, touching the regaiiiy of your
crown of England, and the same pre-eminence,
prerogative, jurisdiction, lawful and peaceable
possession, yuur grace, and your noble proge*
nitors have had, used, aud enjoyed without
iniemiptioii, or busine<iS therefore, by the
space of 200 years and more; whereby your
grace may prescribe against the Popes lioli-
uess, that he should not, nor ou^ht to send, or
make any legal to execute any authority Icga-
tine, contrary to your graces prerogative within
this your realm. Now the lord Cardinal of
York being your subject, and natural liege
bom, hath of his high, orgullous, and insati^
able mind, for his own singular advancement
lad profit, in derogation, and to the great im-
Uenushmeiit and hurt of your said royal juris-
(hctioo, and prerogative, and the large conti-
laaoce of the possession of the same, obtained
nthoiity legatine, by reason whereof he hatli
■ot only hurt your said prescription, but also
by the said autlmrity legatine hath spoiled and
taken away from many houses of religion in
Ibis your realm, nmch substance of their goods ;
sod also hath usurped upon all your Ordinaries
vitbin this your realm much part of their juris-
diction, in derogation of your prerogative, and
to the great hurt of your said ordinaries, pre-
lates Bic^ religious. — 2. Also, the said lord
cardinal, being your ambassador in France,
Bade a Treaty with tlic French king for the
Pope, your majesty not knowing any part tliere-
of,nor Bamed ni the same; and bindiuii the said
French king to abide his order and award, if any
controversy or doubtshould arise upon the same
betwixt the said Pope and the French king. —
S. Also, the said lord cardinal, bcin<;your am-
bassador in France, sent a (!onimib»ion to sir
(irvgory dc Casalis, under your great sea), in
joar graces name, to o^nclude a Treaty of
Aaity with the duke of Ferrara, without any
command ur warrant of your hi^hncbs, nor
tour said highness advertised ot m.ide privy to
the same. — 4. Also, the said l«ird cardinal, of
bH presumptuous mind in divers and mnnv of
bis Letters and Ill^t^uctions hent out of this
mlm to outwarrl parties, had joined himself
»iih vour grjcc, as in saying and wriiin;^ in his
faid letters and Instructions; * The kin^ and
1/ And, * I would ye should do thus. The
kiii^ and 1 give untti you our hearty thanks.'
WUereliy it is appaient thnt he Uhed hi'iiselt
more like afelUiw to your higinipss, than like a
wbject.-— 5. AI'Hi, where it hath ever been ac-
ciMomM witiiin this your realm, that when
auUemcn do swe:ir their household sen'ants,
the first part of their oath hath been, That they
iboold be true liegemen to tlie king and hik
betrs kings of England ; the Mime lord cardinal
<3asefl his ser^'aiits to be t)niy sworn to him, n^
if therr had been no sovereign above him. —
0' And als«>, whereas your grace is our so-
vereign lord and licod, in whom stundeth all
the surety and wealth of this realm, the same
lord cardinal knowing himself to have the Ibiil
and contagious disease of the great pox, broken
out upon him in divers places of his body,
came daily to your grace, rowning in your ear,
and blowing upon your mobt noble grace with
his perilous and infective breath, to the mar\'el-
ous daiv^cr of your highness, if God of his in-
finite goodness had not better provided for your
highness. And when he was once healed of
them, he made your grace to believe that his
disease was an impostume in his head, and of
none other thing. — 7. Also, the said lord car-
dinid, by his authority legatine, hath given, by
prevention, the Bunehces of divers persons, as
%vell spiritual iis temporal ; contrary to your
crown and dignity, and your laws and estatutes
therefore pri>vidcd ; by leason whereof he is in
danger to your grace of forfeiture of lands and
goods, and his body at your pleasure. — 8. AlsiO,
the said lord canUnal, ta'ving upon him other-
wise than a true counsellor ooght to d«>, hath
used to have all ambassadors to come first to
him alone, and so hearing their charges and
intents it is to be thfjnght he hatli instructed
them after his pteat«ure aud puipose, before
that they came to your presence ; contrary to
your high commandment by your graces mouth
to him given, and also to other persons sent to
him by your grace. — -9. Al^o, the said lord Car-
dimd hath practised so, that all manner of let-
ters sent from beyond the sea to your highness
have come first to his hands, contrary to your
high commandment by your own mouth, and
akoo by others sent to him by your grare : by
reason wherei>ryour highness, nor any of your
council had knowledge of no matters, hut such
as it pleased hioi to shew thcni ; whercbv your
hi^ilniess and your roinicil have hccn conipi>llcd
of very force to foMow hi:< devices, which often-
times were set forth by him under such crafty
and covert means, that your highness and your
council have oftentimes been abused. Inso-
much, that ^\hen your council have found, and
put divers douhts and things which have tifitr-
wards ensued, he to abuse thtin used these
words ; *■ I will lay my head tliat no such thing
shall happen.* — 10. Also, the said lord ranlinal
hath pnu!'.i.sed that no manner r.f person, hav-
ing ch:i»'ge to make espial of ihiuL's done heycmd
the sea, should at tiii'ir rt-turn come first to
your gr:H*e, nor Lo any other of your council,
hut only to liiios( If, and in case tliev did the
contrary, he punished tlicm for so doing. — 11.
Also, the saici lord caniinal hath granted ]J-
<'tn-e undt r your great seal for carrying out of
gram and other \ic:ual, cifter tliM re^itraint hath
been made tluTeof", lor his own lucre, and sin-
gidar arlvantajre ol hiin and his b^-rvnnts, for to
send ihiditr as he bare secret favour, %\ithout
your {ira'Tcs warrant or kno\% ledge thereof. —
12. Also, tltf" said lord caniinal nv/d, uiaiw
years tugeiher, not only to write unio all your
;uuha<isadors re*.iflent with oilier prinre^ in bis
own ni'.me all advertisements com i.rnin^ yonr
graces affairs, l>eing in their rhar^ie ; anl in
the same his Letters wrote many things of his
STJ]
STATE TRIALS, IH) IIlnrv VIII. J .VJ9.— /Vof«(///?ifj against
[37fl
Dwii mind, uithout \(»ur graces plensure being , cxerut<irs, to refuse to meddle. — 18. Also, the
known, concciUiiigiiiierb tliin^rs which had been said lonl curdiiuil constrained all ordinaries in
necessary for them to knuw ; But also caused
theiu to write their Adveiii^ements unto him :
nrd of the same Letters he used to conceal for
England yearly to compound with him, or else
he will usurp iVili* or tlie whole of their juris-
diction by prevohlion, not for good order of
thf compassing of his purposes many things tlie dioress, hut to extort treasure; for there
both troni all your other counsellors, and from is never a porir arch-deacon in England, but
yourself «lso. — 13. Also, where good hospitality that lie p«id yearly to him a portion ol his
hath been used to he kept in houses and places living. — 19. AUj, the said lord cardinal hath
of Religion of this realm, and many poor people ; not only by his untrue suggestion to the Pope,
thereby relieved, the said hospitality and relief '> shuiiiofuUy slandered many gtK)d religious
is now- decayed and not used; and it is com- I iiouses, and good lirtuous men dwelling in
monly n ported that the occasion thereof is, \ them, but aUo suppressed by reason thereof
because the said lord cardinal hath taken such ' abo\e 30 houses of religion; and where, by
impositions of the rulers of the said houses, as ! authority of his Bull, he should not suppress
well for his favour in making of abbots, and ; any house that had more men of relii^ion in
priors, as for his vititatifui, by liis authority
fegatine: and yet, ncrcrtheless, ttiketh yearly
of such religious houses, such > early and con-
tinual charges, as they be not ulile to keep hos-
pitality as they used to do; which is a great
cause that there be so many vagabonds, l>eg-
numbcr, above the number of 6 or 7, he hath
suppressed divers houses 'that had above the
number: and thereupon hath caused divers
olliccs to be found by verdict, untruly, that the
religious pcrsims, so suppressed, had volunta-
rily forfiakcii their said houses, which was un-
gars and thieves. — 1 1. Also, where tlie said ' true, and so hath caused o|>cn pcijury to be
lord cardinal said, before the suppression of romuiiltcd, to the high displeasure of Almighty
such Houses as he litith sn.ipressed, that the j God. — 20. Also, the said lord cardinal hath
possessions of thcin should be set to farm | examined divers and many matters in tlie
among your I ay- subjects, after such reason- | Chancery, aller Judgment thereof given at the
able yearly rent as they should well thereupon ■ common law, in subversion of y<mr laws ; and
li\e, and keep c«»o(i hospitality; and now the ! made some pentoub restore again fo llie other
demain po«iscssions of the said house«, since party condemned, that they had io execution
the suppression of them, hath In-en stincycd,
mele, and meaMiietj by the acre, and l>e now
set above the \aluc of tho old rent; and ids:)
s«<*h as were farmers by covcnt-seal, and
iiy urtuc of iheJudynent in the common law.
— 'Jl. Also, the said lord cardinal liath granted
many injunctions by writ, and the parties never
called tiiereiinio, nor bill put in against them,
ropy-hohiors bo put out, 'and moved of thair ! And, by reason thereof, divers <)f your subjects
farms, or cUe comprllrd fo pay new tines, con- I have been put from their lawful possession oi
trary l<» all equity and conscience. — 15. Also,
the said lord (Mniinal, <ittini; amon<; the lords,
and other of vour mo<t honourable council,
used himself that if :iny man would shew his
mind according ti) hi^ duty, contrary to the
opinion of the said cardinal, he would so take
hnn up with his accustoniable worils, that they
were In'tlcr to hold their peace than to speak,
so that he would hear no n^aii speak, but one
or two great per>onage9, .so that he would have
their lands and tenements. And, by such
mean«, he hath brought the more parly of the
sutors of this your realm before himself, where-
by he and diiers of his servants have gotten
iiiuch ri<'h«*s, and your subjects suflfered great
wrongs. — 22. AUo, the said lord cardinal, to
augment his great riches, hath* caused diven
pardons granted by the Pope to be suspended,
i« liirh could not be revived till that the said
lord cardinal were rewarded, and als*» have a
all the ««ords himself, and consumed iTiurh time yearly pension of the said pardon. — Q3. Also,
with a faif tale. — 10. Also, t'lcsaid lord cardi- the siiid lord cardinal, not rfgar«bng your laws
nal by his ambition and piide, hath hindered nor justice, of his extort power, hath put out
aiul undone many of y<jur p'-or subjects for i divers and nmiiy fannrrs of his lands, and alsc
want of di«patrhnient of matters: for he would , patents of ttie archbishoprick uf \ork, and bi*
no man should meddle but himself. Inso- ; rhoprick of Winrlu-ster, and ol llje abby of bt
much, that it hath been atVirmcd by many wi.te Albans, which had good and sutlicient grant
men, that ten of the most wi^e, and nio->t ex- ' thereof by your laws. — 21. Also, thesame lore
pert men in England, were iM>t sutlicient in c.irdinal at many times when any booses oJ re-
convenient time to order »hc matters that he i liiiion have been void, he hath vent his otlicen
would retain to himself: and many timi's he thither, and with crafty persuasions bath in
deferred the ending of matters, Ik cause that
sutors should attend and \%ait upon him, \\ here-
of he had no small pleasure that Ins house
might he replenished \\iih sutors. — 17. Also,
the saicj lord cardinal, bv bis authority Iciin-
tinc, hath used, if any spiritual man luningany
riches or substance, deceased, he hath taken
their goods as his own; by reason whereof
their Wills be not performed : and one mean
he liady to put them iu fear that irere made
duced them to com prompt their elirtion in him
And that, before ere he nanuni or tf>uiimH*c
any of them, he and his str\'ants leceived sc
much groat gor>ds of them, that in manner ii
Lath been to the undoing of the house. — 25
Also, by his authority legatinc, tlie same lore
cardinal hath visited the most part of the reli-
eious houses and colleges in this your realm
liHth taken of them the twenty-fifth part ol
their livelihood, to the great extoriion of youi
577] ' STATE TRIAI^, 20 IIexry VIII. 1520.— Cardinal Wolsey. [37S
subjects and derogation of your laws and pre- which is ready to be pmved. — 33. Also, the
rogative ; and iio law to bear him so to do. — said lord cardinal^ offaccrs have divers times
S6. Also, when matters have been near at
Judgment by process at your common law, the
same lord cardinal hath not only given and
sent injanctions to the parties, but also sent
for your judges, and expressly by threats com-
compelied your subjects lo serve him with carts
for carriages. And also his servants have
taken both corn and cattel, tish, and all other
victuals at your graces price or under, as though
it had been for your grace, which is contrary
manding iliem to defer the Judgment, to the to tlie laws. — 3i. Also, the said lord cardinal
evident subversion of your la^\s, if the judges
would so have censed. — 2r. Also, whereas nei-
ther the bishoprick of York, nor Winchester,
nor the abby of St. Albans, nor the profit of
bis legation, nor the benefit of the chancery,
Bor liis great pension out of France, nor his
wards, and other inordinate taking could not
suffice him, he hath made his son Winter to
ipeod 2700/. by the year, which he taketh to
kis own use, and giveth him not past 200/. yearly
to live upon. — 28. Also, where the said lord
cardiual did first sue unto your grace to have
your assent to be legate de latere, he promised
and solemnly protested before your majesty,
and before the lords both spiritual and tempo-
ral, that he would nothing do or attempt by
virtue of his legacy, that should be contniry to
your gracious prerogative or regality, or to the
damage or prejudice of the jurisdiction of any
ordinary, and that by his legacy no man should
be hurt or oflfended : and upon that condition,
lad no other, he was admitted by your grace
to be legate within this your realm, which con-
dition he hath broken, as is well known to all
yoar subjects. And when that he made this
promise, he was busy in his suit at Home, to
visit all the clergy of England, both exempt and
But exempt. — 29. Also, upon the suit of the
laid lord cardinal at Rome, to have his autho-
ritv legatine, he made untrue surmise to the
Pnpe*s holiness against the clergy of your
realm, which was, that the regular persons of
tl« said clergy had given themselves in repro-
hrw tenxum ; which words St. Paul writing to
tbe Romans applyed to abominable sin ; which
ilaoder to your Church ef England, shall forever
remain in the register at Rome against theclerjiy
of thi!» your realm. — 30. Also, the said lord
rvdinal had tlie more part of the ^oods of Dr.
Mth, late bishop of I^ndon, bisiiop Savage
ol Vork, Mr. Dalhy, archdeacon of Richmond,
Mr. Tornyers, Dr. Rothal, late bishop (if Dur-
bani, and of Dr. Fox, late bishop of Winchester,
contrary to their wills and your laws andju^tire.
hath misused hhnself in your most honourable
court, in keeping of as great estate there in
your absence, as your grace would have done,
if you had been tliere present in your own per-
son.— 35. Also, his servants, by virtue of your
commission under your broad seal by bun to
them given, hath taken caltel, and all other
victual, at as low price as your purveyors have
done for your grace by your prerogative, against
the laws of your realm. — 36. Also, where it
hath been accustomed that your purveyors for
your honourable . household have hud yearly
out of your town and liberty of St. Albans 300
or 400 quarters of wheat, truth it is, that since
the lord cardinal had the room of ui)bot there,
your said purveyors could not be sulfercd by
him and his officers, to take any wheat within
the said town or liberties. — 37. AUo he hath
divers times given injunction to your servants,
that have been for causes before him in the
Static hamber, that they nor other for them
should make labour, by any manner of way
directly or indirectly, to your grace, to obtain
your gracious fav(;ur or pardon, whjch was a
presumptuous intent for anysuhji'ct. — 38. Also,
the said h)rd cardinal did call before him sir
John Stanley, knight, which had taken a farm
by covent-seal of the abbot and covent of
Chester, and atlerwiirds by his power and
might, contrary to right, committed the said sir
John Stanley to the prison of Fleet by the space
of one year, until such tune as he compelled
the said sir John to release his covent seal to
one Leghe of Adlington, which married one
lark's daughter, which woman the said lord
cardinal kept, and had with her two children.
Whereupon the said sir John Stanley, upon
displeasure taken in his heart, made himself
monk in Westminster, and there dieil. — 39.
Alr><i, on a time your grace beinc at St. Alban»,
according to the ancient custom u«»cd within
your verge, your clerk o( the market doing his
office, did present unto your officers of your
most honourable houM'hold ti.e prices of all
—31. Also, at tbe Oyer and Terminer at York, i manner of victuals, within the precinct of the
I^Krlamation was made, that every man should I verge* ; :ind it was commanded by your said
put in iheir bills for extortion of ordinaries, ' officers to setup the said prices both on the
umI wlicn divers bills were put in against the gates of your hoixmrahh* hou»ehold, and aUo
ofiicers of the said lonl cardinal of extortion, | in the market-place within the town of St. .Al-
f»r taking \^d. of the pound for probation of ; bnn<i, as of ancient custom it hath been used :
teitaments, whereof divers bills were found be- and the lord cardinal, hearing the same, \ re-
f»re jnstice Fitz-IIerbert, and oiher commis- sumptuously, and not like a subject, cim«»c«l the
vioner^, the same lord cardinal removed the aforesaid prices which were sealed with }our
^:inie indictments into the chancery by Certio- graces seal, accust<miably used tor the s«in)r, t(»
nri, and rebuked the same Fitz-IIerbert for l)c taken oif, and nulled down in the said in.tr-
tbe tame cause. — 39. Also, the said lord Car- kct-plnre where they were set up, and in the
ilinal bath busied and endeavourc<l himself by same place set up his own prices sealed wiih
crafty aiKl untrue talea to make dissention and
delate amongst your nobles of your realm,
his seal, and would, if it ha<i not bei n Irttt^l.
in scmblable manner used vour S4>al stuTidii>g
579]
STATE TRIALS, 20 Hesry VIII. Ib^^.-^-Vrocecdrngs against
[380
upon your graces gates ; and also would of his
presumptuous mind, have openij set in the
stocks within your said town your clerk of your
iniu*ket. By whicii presumption and usurpa-
tioQ your grace may perceive, that in his heart
lie hath reputed himself to be equal with your
royal majesty. — 10. Also, the siiid lord cardi-
nal, of his further pompous niid presumptuous
mind, hath enterprised to join and imprint the
cardinals hat under your anus in your coin of
groats, made at your city of York, whicli like
deed hath not been seen to liave been done by
nny subject within your realm before this time.
41. Also, where one sir Edward Jones, clerk,
parson of Crowley in the county of Bucking-
ham, in the 18th year of your most noble reign,
let his said parsonage with all.lytlics, and other
profits of the siune to one Win. Johnson by
indentures for certain years, within which years
the dean of the said cardinal's college in Ox-
Ibrd, pretended title to a certain portion of
tythcs within the said parsonage, supposing
toe said portion to belong to the parsonage of
Chichley, whicli was appropriated to the priory
of Tykeford, lately suppressed, where of truth,
the parsons of Crowley have been peaceably
possessed of the said portion, time out of mind :
whereupon a subpiena was directed to the said
Johnson to appear before the said lord cardinal
at Hampton-Court; whcr» \iithout any bill,
the said lord cardinal commit leii him to the
Fleet, where he remained by the i<pace of twelve
weeks, because he wuuld not depait v%itli the
said portion ; and at the lust, uj)on a recog-
nizance made, that he should appear before
the said lord cardinal wheresoever he was com-
manded, he was delivered out of the Fleet.
Ilowbeit, as yet the said portion is so kept
from him, that he dare not deal with it. — 42.
Also, where one Martin Docowra had a lease
of the manner of Bulsal in the county of War-
wick, fur term of certain years, an injunction
came to him out of the Chaiicrry, by writ, upon
pain of 1000/. that he should avoid the pos-
session of the same mannor, and sutler sir Gt^.
Tbrogmorton, knt. to take the profits of the
same mannor, to the time the matter depending
in the Chancery between the lord of St. Johns,
and tlic said L/ocowra were discubt; and yet
the said l^ocowra never made answer in the
Chancery, never was called into the Chancery
for tliut matter. And now of late he hatfi
received the like injunction, upon pain of
2000/. coiUniry to the course of the common
law. — 43. Also, whereas in the parliament-
chamber, and in the open parliament, commu-
nication and device!} were had and moved,
wherein mention was, by an incident, made of
mutters touching heresies, and erroneous sects.
Tt was spoken ami n ported by one bishop there
being present, and confirmed by agiMxl number
of the same bishops in presence of all the lords
spiritual and temporal then assembled, and two
of the said bishops were minded and desired to
repair unto the University of Cambridge, for
exmnination, refonnatiou, «nd correction of
juch erro» as then seemed, and were reported
to reign amongst the students and scholars of
the same, as well touching the Lutheran sect
and opinions, as otherwise ; the lord cardinal
informed of the good minds and intents of the
said two bishops in that behalf, expresly inhi-
bited and commanded them in no wise so to
do. By means whereof the same errors (as
they amrmed) crept more abroad, and took
greater place : saying furlliermore, thai it was
not in their defaults that the said heretics
were hot punished, but in the said lord car-
dinal, and that it was no reason any blame or
lack should be arrectcd uuto them for his of-
fence. Whereby it e\'idenily appeareih that
the said lord cardinal, besides all other hi^
heinous offences, hath been the impeacher and
disturber of due and direct correction of here-
sies; being highly to the danger and peril of
the whole body and good Christian people
of tliis your realm. — 14. Finally, forasmuch as
by the aforesaid articles is evidently declared to
your most royal maje>ty, tliat the lord cardinal
by his outragious pride hath greatly shadowed
a long season your graces honour, which is
most highly to be regarded, and by his insatiable
avarice and ravenous appetite, to have riclies
and treasure without measure, hath so griev-
ously oppressed your poor subjects, with so
manifold crafts of' bribery and extortion, that
the conunon wealth of this your graces realm is
thereby greatly decayed and impoverished:
and also by his cruelty, ini(piity, affection and
partiahtv, hath subverted the due course and
order ot'your graces laws, to tlie undoing of a
great nu'iiber of your loving people; — Please
it your most royal majesty therefore of your
excellent goodness towards the weal of this
your realm, and subjects of the same, to set
such order and direction upon the said lord
cardinal, as may be to the terrible example of
others to beware so to offend your grace and
your laws hereafter : and that be be so provi-
ded for, that he never have any power, juris-
diction, or authority, hereafter to trouble, rex«
and impoverish the commonwealth of this your
realm, as lie hath dune heretofore, to the great
hurt and damage of eiery man almost, high
and low. Which for your grnce so doing, will
daily pray, as their duty is, to Almighty God,
for the prosperous estate of your most royal
majesty long to endure in honour and good
health, to the pleasure of Gofl, and your hearts
most desire.
" Subscribed the 1st dnv of I)eceml»er, the
21st year of tlie reign of our sovereign lord
king Henry 8. T. More,* T. Xortolk, Char*
iSimolk, TiiO. Dorset, II. Kxcter, (». Shrews-
bury, K. Fitzwater,,!o. Ox ni'onl, H. Northnnn
land, T. Darcy, T. Kochford, W. Momitjoy,
Wm. Sandys, Wm. Fi:z-Williain, Henrv Guide-
ford, Anthony Fit7-IItrbert, John Fitz-James.**
* Concerning these signnlures, lord Coke,
(4 Inst. 95), olisen'es * So these Articles began
to be subscribed by sir Tlii»s. More, ion! chan-
cellor, and ended with the two judges of tht
2bl]
State TMALS, 20 Heney mil IjaO. —cardinal JVolscy.
L3S2
The^e Articles being agreed to by the whole
fauu^c were presented to the kiug by the iords,
ami then bene down to the lower house : where
Tho. Croinwcl (obiuiniiiK the pluce of a bur-
||[es»)M wittily defended tbecardinnl his master,
that no Treason could be laid to bb charge.
Vet crmld not the resisting of this brunt, nor
rven the eracioiuf Messages received frequently
from tiie King, chear up the cardinal. For as
he found tlie Pope had now a long while neg-
lected CO give the king any satisfaction, which
Certainly was the only way to procure the car-
dinal's restitution, and that, for the rest, no
eiident sign of the king's relenting appeared,
to being not able to support any longer his
many aflliccions, he fell dangerously sick. The
news whereof being brought to the king's ears,
■nved so much compassion, as not only he,
lot, by his intreaty, mistress Anne Bolen,
nhom the cardinal had in vain importuned to
intercede fof liiin, also sent him several tokens;
vbereof one was a ruby, wherein the king's
image was curiously engniven, a gift heretofore
«f the caniinars, together with a gnicious mes-
nee delivered by Dr. Butts, hb physician;
' lliat his highness was not angry with him in
liis heart, which he should know slM)rtly.'
U'liereupoQ the cardinal recovered his
health, for the king, so confirming his pro-
.Tuset, sealed his pardon, Feb. 1?, and three
^■fs after, by letters patents, restored him to
the arcbbiuhoprick of York. Moreover, he
Milt him money, plate, rich han$;ings, and fur-
nicare for bis house and chapel, in tliat quan-
tity, as the cardinal was for the present much
reofjvered : hoping also, that since he had re-
hired his house called York-house, but aftcr-
^ud by the king styled the Mnnnor of Wist-
min^tcr, now Whitehull, that his punishment
todc-d there, and himself now upijn terms of
rt«aining the kini;*s favour. The confidenre
•hereof nhu made him to be an humble sup-
|kliaot to tlie king, that, for his health's sake,
lie might have Ica^ e to remove to Uichmond-
hooMf, the use uf which he* had received in ex-
cban)£e fmm the king, ftir tiiat his sumptuous
palace wliich lie built, and culled by the name
U Ilampton-cuurt.
Tlie Cardinal sent to his Bishop rick of Yuri:.
And now Canlinal \Voolsi:y, it seems, had
tried his utmost t>kiil for recovering of the
ktii;:s fii\uiir ; wh<^rcof also some hope Mas
i^^cn hifu in his being pennitted to remove to
Ui^hniund. Dut us his enemies suspected he
Hbuld make use ofilii^ nearness, to obtain uc
ci>a to the king, so they, luhoured instuntly
to •''lid him to the north. Whcreiu thny prc-
vai'e'l at length, obtaining furthtr, tlitir the
R< vfi iic-» of the bishoprick of Wiuche.^icr, niid
atft'i.'V uf Snint Aibun«, as also &0I110 dtiier
pi'Cts ui his, forfeited by tlie IVwnniuire.
Uivclit l-e applied in purt to the kii)£N $>er\-uhtb;
a (-«ii«>i!]n only out #if Wincheattr, being re-
»fr\ed CO fhe cardiiuil. The revenues also of
iui two C'dlcires were torn and divided, which
(riwcd hiiu luorc titan any other afiliction :
inbomuch, that he wrote to tlie king, Imnihly,
as on \m knees, with weeping eyest, that trie
college of Oxford might stand, and importumd
Cromwel to this purpose, since they an in -^
manner, saith he, *■ Opera manuam tuarum*
But Cromwel returned him no comfort herein,
saying, ^ the king was determined to dissolve
them, though whether he meant to restore tliem
iigain, and found them in his own namo, he
knew not ; but wisliesi him to lie content, &c,*
howsoever, in the tralHck of these and other
lands, as well as negociating his masters busi-
ness, Cromwel shewed that dexterity, which at
last won him much credit, both with the king
and his principal counsellors. And now the
cardinal being commanded to York, had no
excuse for retarding his journey, but want of
means, which also he signified to the king;
who thereupon sent him a thousand pounds^
with which and a train, reduced now to about
160 persons, he set forth, giving by the way
much alms, and not a few other arguments of
devotion, which also made him gracious with
the people, who resorted from all places ad«
joining, to him. And thus with slow and un-
willing removes, he came to C*awood castlo
near York, about tlie end of Sept. 1530, where
lie prepared according to the antient custom,
to l>e installed with much ceremony about a
month after ; all access to the choire, being
till then forbidden. But whether tlie solem-
nity of this action was thought by our king to
be unreasonable, and misbecoming one in dis-
grace ; or that otherwise tlie cardinal had cast
forth some iliscuntented words, which were re-
lated again to the king ; here certainly began
his final mine. Which, as his enemies (at this
distance) did with more Mdness and advan-
tage procure, so had he less means to repair
himself. Insomuch, that without being ahlc
to diiicovcr or prevent their machinations, he
was forced to sulTer all that could be either
trulv, or almost falsly surmised against him.
Neither had he other hope, but that the punish-
ments he had already endured, might be accept-
ed as an intire satisfaction for all his oiTunces.
The Cnrdinul is arrested in York, of High
Treason,
And now his stallation grew near, when tho
earl of Norlhumbcrland, warden of the marches,
with one sir Walter WeUh, gcnilcmun of the
kings privy chamber, came by the kings com-
mand to Cawood, to arrcift the cardinal,
wherein he u^'d that dili-:cnce and sccreaie,
that he had placed his guards in the hall, be-
fore any e<(Mpcd to advertise the cardinal
thereof. XcithtT did he, at the carls coming
up stairs, rinivc liim in other terms than ihosc
oi'a ^'lUist. (ill ciitring into a private chamber
t<iKCLlicr, tlic eail in a low and troubled voice
ai reared him of lli;:h Treason. The dismayed
and )i«-n^iv'e canlinal stayed a while befiTe he
ai»*iivtred, but: nt last recovering his bpirits, de-
manded thf! sight of the eurU (:oinnii^>ioii, pro-
testing that olher\%ise he would not obey;
urgi-ig fuither. that he wu> a member of tht
3b3]
STATE TRIAIjS, 20 IIexry VIII. \ 320. ^-Pivccedings agaimt
[3fc+
coUfgc of rardiiKils at Home, and so exci'mpt
from all princos jurisdiction. But uliilc the
eurl H'plied, that hu ini^ht not aIicu his com-
mission, sir \V:dlcr Wflsh, who hud now «ir-
nsled Dr. Aujin^tine tht* cardinaU physician,
comes ill, and confirms vvJiat the earl had said.
The cardin:«l helieving, by this time, tiiat they
were in aood earnest, yields to sir Walter
AVtlsh, a» the kings servant, and not to the
t>arl ; to whom he said he would not submit
hiniiselt', before he was better satitied of his au-
tlioritv. Which whether he did out of stul>-
bornness to the car), who had been heretofore
educated in his house, or out of de^pight to
inihtress Anne Bolcn, who (he mi^ht conceive)
Lad put this affront upon him, in finding meanb
to employ her antient sutor to take re\enge in
Ijotli their names, doth not appear to me by
my author. Howsoever, he protested he was
no way faulty in his allegiance. Dr. Augus-
tine, whose offence yet doth not appear to me,
wa^ dispatche<l to I^ndon, in the posture of a
traitor, his legs tied to his horse. But the
cardinal had some respite; though yet com-
manded to prepare for his jouniey ; which he
be>;an at lenirth in that delil>erate nmnner,
that if he removed slowly before from the
kini;, tie moved now more slowly to hhn. In-
»umu«:h that had not the earl of Shrewsbury,
to whom, being the steward of the kings
lioushold, the earl of Northumberland was
rctmmanded to deliver hhn, till the kings fur-
ther pleasure were known, told him, that the
kiniT conmiandtd he should be used kindly, as
one whom lie highly favoured ; it is probable,
that the afllictcd cardinal would have fallen
under the burthen of his own griefs, rurther-
more, the earl assured him on the king*s part,
that, thoui;h his highne>s could do no less than
put liim to hi> Trial, yet lh:it it was more lor
ihc- saii-fvins:; of S(Hny pcr'^ons, than out of mis-
trubt otliis traiterou^ doings.
The Ci'i'iUfwrs Itist Speech^ and Dcrilh.
And iliii^nt Sliedield castle, he sLiid a fort-
niiil'.r, \\\hi\ i\ wiiul-colick, wliich ended in a
dv«%i-iite. V, took hiiu. In which t-iulc, .sir W ni.
Kinji^'.or', captain of the king's L'uard, and con-
jtable ol'ihi- Tower, utlt-ndt'd with ',.'4 vcon.en
of till' L''iniil 'all of ihcm formerly s<rv;»rits to
(ho ( iMliti-il, did find him. So that, notwilh-
>t;iM>l.ii:; tlio iniuiv inr(>urni:(.-nunt'? oitlie earl,
K iiiMiJ'-l l.v m;- W im. Kinysti'U (who on Ins
kn««>- ^-.jliiiid hii:i ■ ill*. curiJinal rern;iincd ^till
si- u ;;'"i (• Hiii-M{N.>«. \illljcr did it nvail hiin,-
tli.U ^:r \\ II. Kni.'stnn (.»ii t'lw kii"i;S pail; gave
li'Mi iiiunv L'i'!« ■'"'- ^•. fii"'!>, a'.Mio'j furllirnnon-,
tl'iit \.c r-\. ■)■.'•<] '!■ '..(.■ 11 > i'l -rt li.isto liian stood
with 111- luiii:-! •^. i' '■ ■■:i\i ill-.-: ( I', rortlii. <aidi-
l!.»l |i( * .»'!.(■ -
Willi-:.'.;;'! ; ,
liui -..'.z- •■ •-
l,ci< « -■■< I i''
\M'll !i: ■ I'll:
iMii-^litd. im!
«,nd J5e • '
I.-
I
(. i" '11-
V ;:l
til i^
, . :'.i I ni'i.v.' ii«. i.- ri'.d. Not-
( ■'.; ""ircjl t ir.iL d»>iav woidd
. - I iiv.' }: ■•tcccNjc'j in iiis
[•a: I :vi!''. till lie came to
■•ii'i.» a :''.cvcr, complicate
; n-r. •;' !'.1"j: on hiui, he lan-
.);.L ui:n.U'?t ^ii;n8 of his
iip)n 1;!6 led, sir WiUiUD
Kingston came again to comfort him, but tiie
cardinal, finding now that death would dis-
charge him of all Trials, but that before God,
spake to this effect :
' Had I served (iod as diligently as I have
' done the king, he would not have given me
' over in my gray hairs ; but this is my just re-
' ward. Notwithstanding, I pray ye commend
' me most humbly to the king, desiring him to
' call to remembrance all matters that have
' I)ast betwixt us, and specially about queen
* Tatharine, and then snail his grace know
' whether I have ofiV:nded him. lie is a prince
* of royal courage : but rather than he will want
' or miss any part of his will or pleasure, he will
^ endamage the loss of one half of his realm.
' For, I assure you, I have often kneeled before
' him, sometimes the space of three hours, to
' persuade him from his will and appetite, but
* could never dissuade him from it. Tbere-
* fore master Kinjj^ton, I warn you, if ever you
' be of his council (as for your wisdom you are
' meet) that ye be %veil assured aud advised
* what you put in his head, for you shall ne^'er
' put it out again.'
After which words, as Cavendish hath them,
he began an exhortation to take heod of the
Lutherans, ' by the example of those of Bohe-
mia, lest they should likewise subvert tlie secu-
lar power.* But as in the prosecuting of this
discourse his speech failed him, bO did bis
breath presently after, insomuch that he
died, and was buried there in the Abbey
Church, Nov. 30, before day. And not, where
he had l>eguii a monument for himself, long
since, wherein as appears by our Records he
had not omitted his own image, which one
Benedetto, a statuary of Florence, took in hand
1521, and continued till 1529, receiving for so
much as was already done 4'J50 ducats. The
design whereof was so glorious, that it exceeded
far tluii of Henry?. Nevertheless, I find the
cardinal, when this was finished, did purpose
to make a tomb for Henry 8, but dying in this
manner, king Henry made use of so much as
he found tit, and called it his. Thus did the
tomb oi'tlie cardinal partake the same fortune
w ith his roilegc, as being asbumed by the king ;
both which yet remain still imperfect. The
news of the carrlinarr> death being brought to
our king, did so much aillict him, that he wish-
ed it had cost hiin twt-nly thousand pounds
upon condition he ha<l lived. llowbeit he
omitted not loimjuirc of ab(»ut one thousand
and five hundred pounds, which the cardinal
iiad lately got without that the king could ima-
gine how. So that, till it appeared ho borrow^
cd it of divers persons, he might perchance
pect it to be the remuiuder of tome of hit
cicnt acquisitions.
And thus concluded that met rtrdhmlf.-?
man in whom mbiirt^ "
equally eoi>
whoUv ^
gem
^95"}
STATE TRIALS, 26 Henry Vm. 1535.— &> Thomas More.
[380
this kin^om, but of Europe ; tlicrc beiti!; no
potentate, wliich, in his turn, did not aevk to
aim; and as tlii» procured liiin divers peuHoiis,
so, vhea he acquainted the king thcTc^vith, his
manner wa% so cunningly to disohlige that
prince who did boe hiui last, as he in:ide w.iy
thereby ofteutimes to receive iis much on the
other aide. But not of secular princes nione,
but e\'eo of the pope and clergy of Itrnne he
WHS no little courted ; of which therefore he
nude especial use, while he drew them to se-
o)nd him on most occision:). iiis birth bein*;
o:kcrwise so obscure andmcnn, us no man had
enr btouil so single : for iThich reason also,
li4c!iiel' endeavour was not to dispioa&e any
fpi it perMin, which yet could not secure iiini
•S'liii&t the divers pretenders of that time. For
mil tilings parsed thriiu^h his hands ^'> ^''^X
who faikd in their suits generally huted him,
allahicb, tlioiigb it did but exasperate his ill
Bstdrey yet this good resultance followed, that
il made hiiu take the more care to be just ;
whereof also he obtained the reputation in hi^
puliLck hearing of causes. Fur as he loved
■II body, so lii) reason carried him. And thus
lie »as an useful minister of his king, iii all
points, where tliere was no question of disst^rv-
iflg the Roman church ; of wliich (at wliat
price soever) I find he was a zealous serv:tiit;
lolloping thereby to aspire to the pnpncy,
uliereuf (as tho factious times then wen.') he
[irraiefl more capable than any, had he not so
iminoder.'itcly aifected iL Vvliereby also it
wu not hard to judge of his inclinations. Thnt
prince, who i\as ablest to liclp him to this di;:-
liiry, being e%'er preferred liy him, which tliere-
fon: was the ordmary bait by which th') empr-
roraud French king one aftf*r the ctthir, (li<i
• catch bini. And, upon these term*, he d ud>t-
cd niit to convey vast treas^ires out ot' tliis
iin^um,es|)eci:dly unto Rome, where 1-e had
not a tew curdiiials at his devotion. Hy 'Al'.o<>e
Irfap, Cliough he could not olj^aiii thnt t^nprcme
di^iity he so pauionoti iv desired, yet he pre-
vailed himself so much of their fiiVour, as begot
a kind of absolute power in spiritual matters at
homo. Wherewith again he so served the
king's turn, as it made him think tho less of
usinv his own autlnritv. One error seemed
connnon to both, whicii was that such a multi-
f}Iici(y of ofiices and places were invested in
lim. For as it drew much envy upon the car-
dinal in particular, so it derogated no little
from the regal uuthority, while one man alone
seenieil to exhaust all. Since it hecometh
princes to do Uke gond husbandmen when they
sow their grounds, which is, to scatter, and not
to thrf)w all m one |'.l:ice. He was ni great
dissembler, fr)r so qu ililie.i a person ; as order-
ing his businesses f.jr the Rio>t part so cautious-
ly, as he got more hy kcopiMg his word tinn by
breaking it. As tor his loaruin<r, (which was
far from exact) it consisted cldcily in the subti-
lities of the Thomi^ts, wherewith the king and
himself did more often we.iry than satisfy each
other. His i^tyle in missives was rather copious
than eloouent, yet e\er tending to the point.
iJ.ieily, if it le true (as PolyJore obser\'es) that
uo man ever did rite with fewer viitucs, it is as
true, that few that ever fell from so hi^^h a place
had lesser crimes objected :f;i'»ii:st him-
Though yet Polyd:)re (f>r being at his first
coming into F.nghr.ul cominitted lo jjri^nn by
him, as we have said) may be suspected us n
partird nuth ir. So that in all probability be
mi<rht have subsis^ted longer, w hen either his
pride nn<l immense wealth iiad not made liim
obnoxious, and suspected to the kin*:, or that
other than women had opposed him : Who
as they are vigilant and clli^e enemies, so tor
the mo^t part, thry carry their businesses in
ilv:t mnrsiu-r, they leave? fev^or advantages
acuiiidt themselves, ihiui men do. In conelii-
^i»n, as I ciiunot :\<-t'nt to iliot;* wl:o thou^l.t
him li:ippy for enjoying ih'Miiitiinely conpassion
<;f the people a little ticfore his rnd, '^n 1 «'nn-
not hut account it a prinripal felicity, tl..\t dnr-
ins his fivour with the ki'!*;. all thinij^succecd-
e.l better than afterward.-', li.ouoh \et il innv he
doubted whether the im)»re-<ions he g:«ve, liid
not occasicm clivers irrej^ulariiies which were
obser\'cd to follow.
30. The Trial of Sir Thomas More, knight, Lord Cliancellor of
England, for High Treason, in denying the Kings Supremacy :
26 Henry VIIL a.d. 1535. [Hall. Lord Herberls Life of
Hen. VHL More's Life of Sir Tlionias More.]
A BILL being preferred in puiliamcnt, Nov.
1^34, to attaint Klizabeth B.irtou, an<l bexeral
Mbertp uf nigli-Trcason, bishop Fibber and sir
Thornos «Morc were also brought into it for
.Mhprihinn of Treason for tlie refusing i>f the
OiUh of Succession — says my loni Herbert.
The same author avows the liill did so pass ;
W sir Tlvinins's peat-crandstm, in his Life,
ihcw<« tiie Cfmtrary, and that notwitliManding
tbe wrbbishop of Canterbury, the lord chan-
cvlhir, duke of Norfolk, and secretary Crom-
well, by th« king's conuuand, wei*t to bim and
VOL. I.
prcf^ed him ro a compliance, yci the chancellor
intliienced the king s ) fiir, thnt the matter of
Mi^pribitm was dropt. — Sir Thomas, was also
examined at (»ther times hy the lonl chaiicel-
lor, dukes of Norfolk and SiifTolk, !\Ir. Secre-
tary, and others «)f the privy-coiimil, who
pressed him, \%ith all the arguments (hey cnuld
think of, to own the king's Suprnnury in direct
and o|»cii tcnns, or plainly to deny it ; but he
being h)lh to aggravate the king's displtasure,
would say no more than that it-e St:*iute \ns
like a iwocdged bword. f«»r it" he >ii'.'ke if.rninit
'J c
3S7] STATE TRIALS, 26 Henry VIIT. Ib^b.-^-Trial qf Sir T. Mart [388
it, lie should be the cause of the death of
Lis body ; and if lie assented to it, he should
purchase the death of his soul. Those Kxami-
nations being over, Richard Rich, newly made
solicitor general, and afterwards lord Rich,
with sir Richard Southwell, and Mr. Palmer,
Secretary Crom well's man, were sent by the
king to take away his books. Rich, pretend-
ing friendship to him, and protesting lie had
no commission to talk with him about the for-
mer affair of the Supremacy, he put a case to
him thus : If it were enacted by parliament
that Richard Rich should be king, and that it
should be Treason in any body to deny it,
what offence it were lo contravene that Act ?
Sir Tliomns More answered, that he should
offend if he Siiid so, because he was bound by
the Act ; but that this was cutus levis. Where-
upon sir Thomas said, he would propose a
higher Case : suppose it were enacted l^y par-
liament, Quod Dtus non sit Dcut, and that it
were Treaton to contravene, whether it wore
not an offence to say it, according lu the said
Act ? Rich rcpUed, yea ; but said withal, I will
propose a middle Case, because this is too
high : the king, you know, is constituted su-
preme head of the Church upon earth ; why
should not you, muster More, accept him for
such ? as you would me, if I were made king
by the aforesaid supposition. More answered,
the Case was not the same, because, said he,
a parliament can make a king, and depose
him, and that every parliament-man may
give his consent thereunto, but that a sul)-
,)ect caimot be bound so in the c:tse of
Supremacy. Quia consensum ab €o a<i Parlia-
mentum p'rahere non potest (so, says nly lord
Herbert, it is in my copy if it be not mistaken,)
if quanquam Rex sic acccptus sit in Anfiiia, plu-
rimtt tamen Partes cxtera idem non affirnmnt.
Sir Thomas, having continued a prisoner in
the Tower somewhat more than a twelvemonth,
for he was committed about the middle of
April 1534, and was brought to his Trial on
the 7th of May, 1535, he went into tlie Court
leaning on his staff, because he was much
weakened by his imprisonment, but appeared
with a cheerful and composed countenance.
The persons constituted to try him, were, sir
Thomas Audley, lord chancellor, Thomas duke
of Norfolk, sir John Fitz-James, lord chief jus-
tice, sir John Baldwin, sir Richard Leicester,
sir John Port, sir John Spelman, sir Waller
Luke, sir Anthony Fitz-IIerbert.
The Indictment was very long, but where to
procure a copy of it, I could never learn ; it is
said in general, it contained all the Crimes
that could be laid to the charge of any noto-
rious malefactor ; and sir Thumas professed it
was so long, that he could scarce remember
the tliird part of what was objected therein
against him. It was read aloud by the Altor-
ney-Gcneral; and sir Thomas's mortal siu
seemed plainly to be his refusing the Oath of
Saccessioo, already mentioned. — To prove
this, his double Examination in the Tower was
alledged 8g;aio8t liim, the first before Secretary
Cromwell, Thomas Beade, John Tr^onnel,
&c. to whom he professed he had giveu over
all thoHghts of titles either to popes or princes,
though the whole world should be given him,
he being fully determined only to serve God.
The second time before the lord chancellor,
the duke of Suffolk, earl of Wiltshire, and
others, before whom he compared that Oath to
a two-edged sword, as before observed.
Presently after the Indictment was read, tha
lord chancellor and the duke of Norfolk spoka
to him to this effect ; ' You see now how
grievously you have offended his majesty ; yet
lie is so very merciful, that if you will lay asiJa
your obstinacy, and cliange your opinion, wa
hope you may obtain pardon and favour in hit.
siuht.' But sir Thomas stoutly replied, * Most
itoble lords, I have great reason to return
thanks to your honours for this your great
civility, but I beseech Almighty God, that I
may continue in the mind I am in, throngh hit
grace, unto death.' — ^Then luixing intimation
given that he might say wliat he thought fit in
his own Defence, he began thus : ' When I
consider the length of my Accusation, and
what heinous matters are laid to my charge, I
am struck with fear, lest my memor? and un-
derstanding, wliicb are both impaired, together
with my bodily health, through a long indispo*.
sition contracted by my imprisonment, should
now Hiil ine so far, as to make me incapablo
of making such ready Answers in my Detcncfi'
as otherwise I might have done.'
The Cuurt being sensible of his weakness,
ordered a chair to be brought in, wherein he
nii^ht beat himself, which he did accordingly,
and then went on thus : ' This my Indictment^
if I mistake nor, consists of four principal Heads,
each of which I purpose, Ood willing, to answer
in order. As to the first Crime objected against
me, that I have been an enemy out of stubborn-
ness of mind to the kinj^'s second Marriaee; I
confess, I always told liis majesty my opmion,
according to the dictates of my conscience, which
I neither ever would, nor ought to have con-
cealed : for which I am so far from thinking
myself guilty of High Treason, that on the con-
trary, being required to give my opinion by so'
great a prince in an affair of so much import-
ance, upon which the peace of the kingdom
depended ; I should have basely flattered him,
and my own conscience, had not I spoke tlie
truth as I thought: then indeed I might justly
have been esteemed a most wicked subject, and
a perfidious Traitor to God. If 1 have offended
the king herein ; if it can be an oifcence to tell
one's mind freely when his bovcreign puts the
question to him ; I suppose I have been suffi-
ciently punished already for the fault, by the
great afflictions I have endured, by the loss of
my estate, and my tedious imprisonment, which
has continued already near fitteen months. The
second Charge against me is, lliat I have vio-
lated the Act made in the last parliament : that
is, being a prisoner, and ti^icc examined, I
would not, out of a malignant, perfidious, obsti-
nate and traitorouAinind^ tell them oiy opmion,
589]
STATE TRIALS, 26 Henry VIII. 1535— /or Hi^ Treason.
[5dd
whether the king was Supreme Head of the
Church or not ; but confessed then, that I had
Dochiag to do with that Act, as to the justice
or injustice of it, because I hud no benefice in
the Church : yet then I protested, that I had
never said nor done any thing against it ; nei-
ther can any one word or action of mine be al-
Icdgedy or produced, to make me culpable.
Nay, this I own was then my Answer to their
honours, that I would think of nothing else
hereAfter, but of the bitter Passion of our Blessed
Saviour, and ofmy exit out of this miserable
world. I wish no body any harm, and if this
does not keep me alive, I desire not to live ; by
all which I know, I would not transgress any
law, or become guilty of any treusonuble crime :
for tliis Statute, nor no other law in the world
caa punish any man for his silence, seeing they
can do no more than punish words or deeds ;
'tis God only that is the judge of the secrets of
our hearts.'
The Atiometf General (Christopher Hales.)
'Sir Thomas, though we have not one word or
deed of yours to object against you, yet we have
joar silence, which is an evident sign of the
malice of your heart: because no dutiful sub-
ject, being lawfully asked this question, will re-
dot to answer it.'
Sir Thomat More. * Sir, my silence is no
sijp) of any malice in my heart, which the king
himself must own by my conduct upon divers
occasions ; neither doth it convince any man
of the breach of the law ; for it is a m:mm
amongst the Civilians and Canonists, Qui tacct
idueHtire videtur^ be that holds his peace, seems
to ^ve his consent. And as to what you say,
that no good subject will refuse to give a direct
aossier ; I do really think it to be tlie duty of
e\-ery good subject, except he be such a subject
as will be a bad Christian, rather to obey God
than man ; to be more cautious to oB'end his
conscience, than of any tiling else in the whole
world ; especially if his conscience be not the
occasion of some sedition and great injury to
his prince and country : for I do here sincerely
proteM, that I never revealed it to any man
alive.— I come now to the third principal Arti-
de in my Indictment, by which I am accused
of malicious attempts, traitorous endeavours,
aad perBdious practices against that Statute, as
the words therein do alleoge, because I wrote,
while in the Tower, divers packets of letters to
bishop risber ; whereby I cxhortefl him to vio-
bte the same law, and encouraged him in the
like obstinacy. I do insist that these letters be
produced and read in court, by which I may
be either acquitted or convinced of a lye ; but
bccaube you say the bishop burnt them all, I
will liere tell vou tlie whole truth of the matter.
Some ofmy letters related only to our private
affairs, as about our old friendslup and acquaint-
ance: one of them was in answer to his, wherein
he desired me to let him know what Answers 1
made upon my Eiaminations concerning the
Oath of Supremacy ; and what I wrote to him
spon it was ihis, That I had already settled my
cooscieocei and let him satisfy bis according to
his own mind. God is my witness, and as I
hope he will save my soul, I gave him no other
answer ; and tiiis I presume is no breach of tiia
laws. — As to the principal Crime objected
against ine, that 1 should say upon my Exami-
nation in the Tower, That this Law was like a
two-edged sword ; for in consenting to it, I
should endanger my soul, and in rejecting it
should lose my life: 'lis evidently concluded, as
you s:iy, from this Answer, bccau!>e Fisher niada
the like, that he was in the same conspiracy.
To this I reply. That my Answer there was con-
ditional, if there were both danger either in al-
lowaig or disnllowing that Act ; and therefor^,
like a two-edged sword, it seemed a hard thing
it should be put upon me, who had never hither-
to contradicted it either in word or deed. These
were my words ; what the bishop imswerod, I
know not : if his Answer was like mine, it diil
not proceed from any conspiracy of ours, but
from the similitude of our learning and under-
standing. To cuncludo, I do sincerely avouch,
that I never spoke a word against this law to
any man living, though perhaps the king's ma-
jesty has been told (he contrary.'
There v/as little or no reply made to tliis fuH
Answer, by Mr. Attorney, or any body else;
the word Malice was what was principally in-
sisted on, and in the moutlis of the whole court,
though for proof of it no body could produce
either words or actions : nevertheless, to set
the best gloss that could be upon the matter,
Mr. Ilich was called to give evidence in open
court upon oath, which he immediately did,
afhrming what wc have already related con-
cerning a conference between him and sir Tho-
mas jn the Tower. To which sir Thomas
made answer, ' If I were a man, my lords, that
had no regard to my oath, I had had no occa^-
sion to be here at this time, as is well known to
every body, as a criminal ; and if this oath,
Mr. Rich, which you have taken, be true, then
I pray I may never see God's face, whicli,
were it otherwise, is an imprecation I would
not be guilty of to gain the \^ hole worhl.'
More liaving recited in the face of tlio Court
all the discourse tliey had together in the
Tower, :is it truly and sincerely was, he added :
' In good faith, Mr. Rich, I am more concern-
ed for your perjury, thmi my own danger ; and
I must tell you, that neither myself, nor any
body else to my knowledge, ever took you to
be a man of such reputation, that I or any
other would have any thing to do wiih you in
a matter of importance. You know that I
have been acc^uaintcd with your manner of life
and conversation a long time, even from your
youth to the present juncture, for we lived in
the same pariah ; and you very well know, I
am sorry I am forced to speak it, you always
lay under the odium of a very Iving tongue, of
a great gamester, and of no good name and
character either there or in the Temple, where
}rou was educated. Can it therefore seem
ikely to yoiir lordships, that I should in so
weighty an alTuir as this, act so unadvisedly, a*!
to trust Mr. Rich, a man I liad always so mean
39)]
STATE TRIALS, 2G Henry VIII. 1535— 7V/ai</ Sir T. M&rc
[592
a:i opiiiitjn of, in reference to his truth »nd
h >jie3ty, w) very much betore my sovereign
I'jrA I he king, to whom I :itu so deeply indebt-
ed i\}C hib inaiiifuld fax ours, or :inv ot'his noble
and grave colI!I^ell()rs, lh:tt 1 should only im-
part to Mr. itich the secrete of my conscii-nce
in respect. Lo the king's Supremacy, the |jariic«-
iar suhject, and only point about which I have
been so lon^ presiicJ to explain my&elf ? wliich
I never did, nor never would revcMl, when ilie
Act was once iiiiule, either to tlie kin;; liimselF,
or any of his pcivy-coiniscllor*, as is well known
|o your honours, vilio have been sent upon no
uthv.'^ acro^.iiit at several times by liis ninjesty
to i:ie in iLe Tower. I refer it to your judg-
ments, my lords, wlicther this ciin seem credi-
ble to any of your lords!)i)«s. — Hut supposi]ig
what Mr. Rich has swore sliuuld I e true, see-
ing the words were spoke in familiar and pri-
vate conversation, and that there was nothing
at all asserted, b'jt only c.iscs put without any
oi^cnsive circums'aucf s ; it cannot injustice be
said, ih:U they were spuke mtiliciously, and
where there i> no m.ilice, there is no oftcnce.
Besides, my lord«, I cannot think so many re-
verend Libhops, so many liononrnLly jierson-
age^, and so many virtuous and learned men,
of uii '\\\ t!-.e parliament conMsied in the enact-
ing iif tl:ut law, ever meant to hive any man
punish: d with death, in whom no Malice could
be found, taking the word MuUtia for Maiero-
/cntia ; for if Mu lit id be taken in a general
sit;niilcation for any crime, tliere is no man can
be free : wherefore this \xord Jilaliciousii/ is so
far bigniiicant in this .Statute, ns the word For-
cible'i^s in that of Forcible En trt/ ; for in that
case if any enter peaceably, and puts his ad-
versary out forcibly, it is no <:n(.'ncc; but if he
enters forcibly, he shall be punished by that
Statute. — Besides, oil the unspeakable good-
ness of h'b majesty towards mo, who has been
to many ways my iiingular good and gracious
lord, who has so dearly lo\ed and tru.*ted me,
even from my first entrance into his roval ser-
vice, vouchsafing to honour me \\ it Ji the dig-
nity of being one of his privy-c«)uncil, and has
most generously promoted me to oflices of
giTat reputation and ht.nour, and lastly to that
of lord high-charceilor, which honour he never
did to any layman betbre, the s:mie being t!ic
highest (hgnity in this famous kiiigdom, and
next to the king's royal person, so far beyond
my merits and qualiiicatious; honouring and
exalting me by his incomparable lKni;.'nitY, for
these twenty vcars and upwards, heaping con-
tinual favoiu2« upon me ; and now at last, at
my own humLle request, L'ivin^ mc Uberty to
dedicate the rejnainder of my life to the service
nf Ciod for t!ie better vtiving of my soid, hai
been piensed to (iisch'i:^o and free me fn)m
that weighty dignity ; beibrc v^hich he had still
heaped more and more honours upon mc : I
say, nil this his maje»ty's boimty, so long and
&o plentifully conferied upon mc, is enough, in
my opinion, to invalidate the scandalons accu-
mtion so injuriously Biinuixcd oud ui'ged by
this man against me/
Tliis touched the reputation of Mr. Rich to
the very quick, and was a slur that could not
l>e effare<l, without the utmost diHiculty ; and
tlie only way to do it, woi, if possible, to pro-
duce substantial and creditable Witnesses to
attest the contrary : and ilierefore he caused
sir Kd. Southwell, and Mr. Palmer, wIhj were
in the same room with bir Thomas and Mr.
Rich when they conferred together, to be
sw-orn as to the words that passed between
them. \Vhereup(m Mr. PalDier deposed,
< That he was so busy in thrusting sirTho-
mas\ books into a sack, that he took no notice
of their tidk.' And sir R. Southwell likewise
swore, < lliat because his business was only
lo take care of conveying his books away, be
gave no ear to their discourse.'
Sir Thomas having urged other reasons in his
own Defence, to the discrediting of Mr. Uich*!i
Evidence ; the Judge proceeded to give tho
Charge to the Jury. Whether sir Thoinan hid
challen;;ed any of' the pannel, when they were
returned to serve, does not appear; but the
twelve persons on w hose Verdict his hfe now
depended, were these: sir Thomas Palmer, knt.
sir Tho. Peirt, knt. George l/>vell, e-c|. Tho.
Burhage, esq. Gcoffry Chamber, Edw. Stock-
more, Jasper Leake, Wm. Browne, Tho. Bil-
lington, John Parnel, Rd. Bcllame, George
Stoakes, gents.
Now the Jury having withdrawn, scarce
were out a quarter of an Lour before they re-
turned with their Verdict, by which they found
the prisoner Guilty ; upon which the lord chan-
cellor, ns chief m the Commission for this
Trial, immediately began to proceed to judg-
ment: which sir Thomas observing, he said to
iiim, * My lord, when I was concerned in the
1-tw, the practice in such cases was to abk the
prisoner betbre Sentence, whether he had any
thing to olVer why Judgment should not be pro-
nounced against him.' The lord chancellor
hereupon stopping his sentence, wherein he had
already proceeded in parr, asked sir Thomas.
* What he was able to soy to the contraiy ?*
who presently made Answer in these words:
' For as much as, my lords, this Indictment is
grounded upon aii act of ]>arliament, directly re-
pugnant to the laws of God and his Holy Church,
the supreme government of which, or of any
part thereof, no temporal person may by any
law presume to take upon him, l>eing wfuit of
right l>clongs to the See of Rome, which by
special preiogative was granted by the mouth
of our Saxiour Christ himself to St. Peter, and
the bibhojis of Home his successors only, whilst
he lived, and was pcrsonolly prtsent hereon
earth : it is thcreftire, amongst Catholic Christ-
ians J nsudicient in law, to charge any Christian
to obey it.' And in order to the proof of his
as.'4ertion, he dirhircil among other tliini^s,
' Hint whereas this kiiiudom alone being but
one memher, and a sn.all part of the Church,
was not to make a particular law disagreeing
with the general law of Christ's universal Ca-
tholic Church, no more than the city of London,
being but one member iu respecc'to the whole
393]
STATE TRIALS, 06 Henry VIII. 1535.— /or High Treason.
1-394
kingdom, mif^lit enact a law against an act of
)iarTiameiit, to be binding to the whole realm ;
so lie shewed farther, Tlmt law was even con-
Iranr to the laws and bUitutcs of the kingdom,
jec unrepealed, as mi|ht evidently be seen by
Ma^oa Charta, wherein arc these words ; Ec-
eltiUL Anglicana libera si/, 4* habeat omnia jura
integraf Sf iihtrtatet tuas iUeesas : and it is cTon-
trary also to that sacred Oath which the king's
ouyesiy himself, and every other Christian
prince, always take with great solemnity, at
their coronations. So great was sir Thomas's
leal, that be further alledged, that it was worse
ID (he kingdom of £nglnnd to refuse obedience
10 the See of Rome, than for any child to rlo to
hit natural parent : for as St. Paul snid to the
Cnriutliians, ' I have rcgenemted you, my
children, in Christ :' so might that worthy Pope
ot' Home, St. Gregory the Cireat, say of us
Englishmen, * Ye arc my Children, because I
kire given you everlasting Salvation :* tor by
St. Augustine and his followers, his immediate
iBefl8eni;er9, England first receiied the Chris-
tian faith, which is a far higher and better inhe-
rimnce than any carnal fatiicr can leave to his
di'Idren : for a son is only by generation, we
are by regeneration made the spiritual children
of Christ and the Pope.'
Here the Lord Chancellor took him up, and
said : ' That seeing all the bisfiops, Uni\ crsit ies,
and the most leanied men in the kingrlom had
agreed to that Act, it was much wondered that
be alone should so stiflly stickle, and so vehe-
mently argue there against it.' Ills Answer
was, 'Tint if the number of Bishops and
Uniiersitics were so material as his lunlship
Meoied to make it : then, my lord, I sec no
rtasoo why that thing should make any change
in my ctmscience : for I doubt not, but of the
Seanied and virtuous men now alive, I do not
^ak only of this realm, but of all Christen-
dom, tl;erc are ten to one of my mind in this
Blatter; but if I should take notice of those
imrned doctors and virtuous fathers that are
already dead, many of whom are saints in hea-
TFfi, 1 am sure there are fur more, who all the
while they lived thought in his c;isc as I do
iHiw. And therefore, my lord, I do not think
myself bound to conform my conscience to the
counsel of one kingdom, against the general
consent of all Cluristendoui.'
Here it seems the Lord Chancellor not will-
ias to take tlic whole load of his conrleiiination
npon him«t'lf, asked in open court the advice
f>f sir John ritz-*fames, the lord chief justice of
1-Jizlind, Whether the Indictment was valid or
no? who nicely answered tlius: * My lords, all,
bv 8t. GilHan' (for that was always his oath)
* I must needs confess that if the act of par-
liiroent be not unlawful, then the Indictnicnt
is not in my conscience invalid.' Some have
vrote, Tliat the Lord Chancellor should here-
u|Kjn say. Quid adhue detideramus tatimoniuw,
ran at moriiifUnd then presently proceede'I
to give Sentence to tliis efSect : ' That he should
' bf carried back to the Tov%er of Jjjudon, by
*<bebclp of William Kingston, sherilf^ and
< from thence drai^n on a hurdle through the
* ciiy of London to Tyburn, there to be hanged
' till he should be half dead; that then he
' should be cut down alive, his privy parts cut
' oflf, his belly ripped, his bowels burnt, his four
' quarters set up over four gates of the city,
' and his head upon London-bridge.'
This was the Judgment pronounced upon
this great man, who had deserved so well both
of the king and kingdom, and for which Paulus
Jovius calls king Henry 8, another Phalaris.
This severe Sentence was afler^ards, by the
king's pardon, changed to U;heading, because
he had borne the greatest otlice in the kingdom ;
of which mercy of the king*s, word bciue
brought to sir Thomas, he merrily said, * God
lorbid the king should use any more such mercy
to any of my friends, and God bless all my
posterity from such pardons.' When he had
leceived Sentence of Death, he spake thus with
a resolute and sedate aspect : * Well, seeing I
am condemned, God knows how justly, I will
freely speak for the disburdening my consci-
ence, what I think of this law. When I per-
ceived it was the king's pleasure to list out
from whence the Pope's authority was drrived,
I confess I studyed seven years together to find
out the truth of it, and I could not meet with
the works of any one doctor, approved by the
Chun'h, that avouch a layman was, or ever
could be the Head of the Church.'
Chancfllor. « Would you he esteemed wiser,
or to have a sincerer conscience than all the
bishops, learned doctors, nobility and commons
of this realm ?*
More, ' i am able to produce against one
bishop which you can produce on your side, a
hundred Holy and Catliohck bishops for my
opinion ; and against one realm, the consent of
Christendom for a thousstnd years.'
Korfuik, * Sir Thomas, yt)u shew your obsti-
nate and malicious mind.'
More, ' Noble sir, it is no malice or ol>sti-
nacy that makers me sny this, but the just
necessity of the cause ol)lii;es me to it lor
the discharge of my conscience ; and I call
God to witness, that nothing but this has ex-
cited me to it.'
After this the Judtj^cs kindly olieriiic; him their
favourable audicMici: if he had any thing else to
say : he answered most mildly and chaiitaldvy
' I have no more to say, but thai as the l>h ."Sod
Apostle St. Paul, as we read in the Aris ul ihe
Apostles, was present, and consenting to the
protomartvr Stephun, kcr])in;r tlicir clothes
that stoned him to death, and yei they arc
both now holy S'.iints in h< avcn, and tliere shall
continue friends to eternity ; so I vciily tru»r,
and shall thcrelore hcunily pr.iy, that alljeit
your lordships have been on earth my .ludges
to condeinnatioii, ytt that we may hereaficr
meet joyfully tojictlier in llouvcn to our ever-
laslin<; salv:;tii)n : and G.iil prehervt'yi>ii, e^pe-
cially my sovereign lord the kiii{:,aii'l grant liiin
faithful <-ouns-elIors.*
Sir Tliomn*", alter his (V'nicnmMtion, ^^'^s
conducted iVoiu the bar to lIic Tower, au axe
335]
STATE TRIALS, 20 Henry VIII. 1 j55.— 7>w/ qf Fisher, Bis/top [S90
being carrycd before biui, with the edge to-
wards him.
Sir Thomas More haviiij; remained a prisoner
in the Tower about a week after his Sentence,
on the 6th of July early in the morning, his old
friend sir Thomas Pope came to liim with a
message from the king and council, to acquaint
him, That his Execution was appointed to be
before nine that morning. Whereupon sir
Thomas' said, ' He thanked him heartily for his
good news. I have been,' says he, ' much
obliged 10 his majesty for the benefits and ho-
nours he has most bountifully conferred upon
me ; yet I am more bound to his grace I do
assure you, for confining me in tjiis place,
wrhero I have had convenient place and oppor-
tunity to put me in mind of my last end. I
am most of all bound to hiui, that his majesty
is pleased to rid me out of ihc miseries of this
wretched world.' Tlien sir Thomas Popo ac-
quainted him, it wiis the king^ pleasure he
SDOuld not use many words at the place of
execution. * Sir,' said he, * you do well to ac-
quaint me with the king's pleu&ure ; for 1 had
otherwise designed to have made a speech to
the people ; but it matters not, and I am leady
to conform mvself to his highocbs's pleasure.
And I beseech you, sir, you would become a
suitor to his majesty, that my daughter Mar-
garet may attend my funerul.' To which Pope
repIyed,That the kmg was willing his ^ife and
children, and other friends should be pi-escnt.
Sir Thomas Pope being about to take his leave,
could not refrain from tears. Whereupon sir
Tliomas More said, < Let not your spirits be
cast down, for I hope we shall see one another
in a better place, where wc shall be free to live
and FoA'e in eternal bliss.' And to divert Pope's
grief, he took up his urinal and shook it, saying
merrily, ' I see no danger but that this roan
may live longer, if the king pleases.'
About nine he was brought out of the Tower;
his beard was long, hii face pale and tliin, and
carrying a red cross in his hand, he often lifl
up his eves to heaven ; a woman meeting with
him with a cup of wine, he refused it, saying,
' Clirist at his rasbion drunk no wine, but gall
and vinegar.' Another woman came crying,
and demanded some Papers she said the had
left in his hands, when he was lord chancellor,
to whom he said, ' Good woman, have pati-
ence but for an hour, and the king will rid me of
tlie care I have fur those Papers, and every
thing else.' Another woman followed him,
crying, he had done her much wrong when he
was lord diuncellor, to whom he said, * I very
well remember the Cause, and if I were to
decide it now, I should make the same Decree/
When he came to the scaffold, it seemed
ready to fall ; whereupon he said merrily to the
Lieutenant, ' Pray, Sir, see me safe up ; and
as to my coming down, let me shifl for myself/
Being about to speak to the people^ he was
interrupted by the sheriff, and thereupon lie
only desired the pe«)ple to pray for lum, and
bear witness he dieil in tlie faith of the Catholic
Church, a faithful servant both to God and the
king. Then kneeling, lie repented the MUerert
Psalm with much devotion ; and rising up,
the Executioner nsked him forgiveness. He
kissed him, and said, ' Pluck up thy spirits,
man, and be not afraid to do thine ollice ; my
neck is very short, take heed therefore thou
strike not awry for saving thine honesty.' - Lay*
ing his head upon the block, he bid the execu*
tioner stay till he Iiad put his beard aside, for
that liad committed no Treason. Thus he
suffered with much chearfulness ; his head was
taken oif at one blow, and was placed upon
London-Bridge, wheie having cooftinued for
some months, and being about to be thrown
into the Thames to make room for others, his
daughter Margaret bought it, inclosed it in a
leaden box, and kept it for a relique.
It is said, when news of his death was broi^ht
to the king who was at that time playing at
tables, Anne Bullen looking on, he cast his
eye upon her, and said, ' Thou art the causa
of this man's death :' and presently leaving bis
play he betook himself to his chamber, and
thereupon, fell into a fit of melancholy. More's
great grandson, in his ' Life,' relates that money
was miraculously supplied for the purchase of
his winding sheet, and that one of his teeth pre-
served as a relic was miraculously converted
hito two.
31. The Trial of John Fisher, Bishop of Rochester, before Com-
missioners of Oyer and Terminer, at Westminster, for High
Treason : 26 Hen, VHI. a. d, 1535. [Dn Bailey's Life of
Bishop Fisher, p. 188.]
[" The reverend prelate, whose Trial we now
offer to the render, was one of the mo'<t emi-
nent sufferers in the reign of Henry 8ih, for
opposing the kin<;'s Divorce from his first
Sneen, and his chiim to the Supremacy over
le Church of Kn gland. Opinions so avei-se
to that prince's views and pas>ions, involved
the bishop in three different prosecutions.
The first was on a charge of Misprision of
Treason, in concealing the predictions agsiinst
the king, made by the famous visionary
Elizabeth Burton, known by the name of the
Holy Maid of Kent ; one of whose prophe-
cies denounced, that, if the king did not de-
si'it from the Divorce, but married again, he
should not continue king more than a month
afler. For this oifcnce the bishop was in-
cluded in the Act for punishing Elizabeth
Barton and her accomplioes ; but was one
of tliose, whom the act attainted of Mispri-
397] STATE TRIALS, 20 Henry VIII. \ 5^5. -^of Rochester, for Iligh Treason. [393
iion of Treason only. Tliis Act was passed
in Jan. 1533-4. See 25 Hen. 3. c. 12. Rhs-
tall's edit, of Stat. The sniiic parliament
passed a law, which declared Henry's first
marriage void, confirmed liis marriage with
Anna Bolloigne, made it treason to do or
saj any thing in derogation from the latter
marriaee, and required every person to take
an oath to adhere to the contents of the sta-
tute, making it misprision of treason to refuse
the oath. 35 Hen. 8. c. 22. and 26 Hen. 8.
c. 9. It was for refusing the oath formed on
the 25 Hen. 8. that the bbhop endured a se-
cond prosecution ; for on that account the
next parliament attainted him of mbpnsion
of treason, and deprived him of nis hi-
tboprick. See 26 Hen. 8. c. 3. of private
acts. The third prosecution, which termi-
nated with the bisliop*s life, soon followed.
Ttie statute of the 26 lien. 8. annexed tiie
title of Supreme Head of the Church to the
crown ; and by another statute Of the same
parliament, it was made High Treason by
words or writing to attempt depriving the
kinc of any of his titles. 26 lien. 8. c. 1.
and 13. The operation of these two last
statutes gave the opportunity of reaching the
lifeof the bishop, «« ho, as will appear from
the following Trial, having been ensnared
into a denial of the king's being supreme head
of i)^ church, after tne accession of that
title, was tlierefore deemed to come within
the succeeding statute, which made it treason
to deny tlie king any of his titles. — ^The fol-
kming Trial b extracted from a very scarce
book, which was printed in 1655, with a
title describing it as the Life of bishop Fisher,
tij Dr. Thomas Bailey. But the real author,
according to bbhop Tanner and others, was
Dr. Richard Hall, who wrote several pieces
in the reign of Elizabeth. Tann; Biblioihcc.
Britannic. Hibern. voce Hall Edwardus. In
number 7049 of the Harleian MSS. at the
Britbb Museum, there is a Life of bishop
Fiiber, which contains an account of his
Trial in the same words as the printed life.
—It is proper to apprize the reader, that the
book, whence we borrow the Trial, was cer-
tainly written by a very zealous Roman Ca-
tholic, and that on other accounts he should
be believed with caution. The writer through-
oat strenuously supports the Pope's claim of
the Supremacy. He relates a very inipro-
btblc story of queen Anna Bolleyne, accus-
inig her of great indignity to the head of
bishop Fisher after his execution, and of
even striking it. His book is also full of
■niracles ; one of which b, that, though the
bishop's head was parboiled, and the wea-
ther was very warm, when exhibited on
London- Bridge,it not only continued fourteen
da^s without wasting, but in that time daily
grew lo much fresher, that the bishup was
Btver seen to look so well. However, so far
^•i^rds the relation of the Trial, it must
^ anifetsed, that it carries with it great ap-
ptannct of cmth; and inore especially
seems to de^cn'e credit, because the hard
measure it represents the bishop to have ex-
perienced at his trial, so much resembles
what we read in the triol of his eminent
fellow-suflerer sir Thonias More. Nor in
these liberal and humane times can we ima-
gine, that many will be found, however
averse to bigotry and superstition, who will
not concur in the sentiment, that the pro-
ceedings against both sir Thomas and the
bishop were attended with extreme cruelty
and injustice. This censure more particu-
larly belongs to the bishop's case. His crime
was simply an opinion agaiubt the king's su-
premacy, which he was urged to give by a
message from his sovereign, who at the
same time sent a promise of indemnity. If
thb was really so, which tliere seems too
much reason to believe, the bishop's death
was one of the worst passages which polluted
the reign of Henry ; because the injustice of
the case was highly aggravated by super-
adding insidiousness and breach of faith.
What an idea must we form of a prince,
who could stoop to devbe such unworthy
means to accomplbh hb cruel purpose ?
What must we think of the subject, who
could be so void of feeling, as to become the
instrument of such perfidy ? What must we
conceive of the times, in which judges and
juries could be found to eive the form and
colour of justice on such bad proceedings?^
Hargrave.]
After this good l>bhop was recovered to
some better strength, by the help of his physi-
cians, and that he was more able to be carried
abroad, he was on Thursday the 17th of June
brought to the King's Bench at Westminster,
from the Tower, with a huge number of hol-
berts, bills, and other weapons about him, and
the ax of the Tower born before him with the
edge from him, as the manner is; and because
he was not yet so well recovered, that he %yas
able to walk by land all the way on foot, he
rode part of the way on horseback in a black
cloth gown, and the rest he was carried by
water, for that he was not well able to ride
through for weiiknesse. As soon as he was
come to WestminstiT, he was there presented
at the barre before the commissioners being
all set ready in their places against his coming,
whose names were these : sir Thomas Audely,
knif^ht, l(ird chancellor of England ; (.'harles
duke of Suilblk ; Henrvearlr of Conibcrlande ;
Thomas carlo of Wiltsliire ; Thomas Cromwell
secretary; sir John l-'itz-Janies chief justice of
England ; sir John Baldwin chief justice of the
Common Pleas; sir Win. Pawlet; sir Rd.
Lyster chief baron of the exchequer; sir John
Port, bir John Spilman, and sir Walter Luke,
late justices of the Kinu's liench; and sir An-
thony Fiizherbert one of the justices of theCom-
inon [Mens. Being thus presenied before these
cummiiisinners, he was commnnded, by the
name of John ri*«hcr late of Rochester, clerk,
otherwise called John li^her bishop of Ro-
'J
1 1.1 .11-
• >
> « ft - ■ ■ ■ •
STATh 'I JMALS, 20 IIlnf-.v Vill. J .Z'J.^Trial qf FUha; Lishop [400
fi.'ifi'jf: li'j ha/t ill me more thtii uny other.
ill- fi']»l«-l .'i^.'iher, that ii I would herein iniakly
aiirl I'lic'.y utJvcTtiM' Jus majesty my kuuu ledge,
tl.rtt upon cfertiiicatc of luy nii.siikinj^, l.e was
vrry lik<' Co ndracc inuchot his fonuer duin^s.
iiiul iiial;c buti'ifdcli'in tor tiio batiie, in ca«e I
shfiiiM si» afKcrii^-c itiin. When I had hcmt a. I
liiii nir.s<tHgc, and con&idcrcd a liLtle upon hU
Mifiiiv, I pill, him in mindc of the new net of
p'irlianicn;, niiich .standing in torcc a» it duih
.'i;*;iiii>l all ihoni that shall directly say, or do
any thMi«r that ia iig-.iinst it, ini^ht tliereby en-
(i.in>;iT hic \cry much, in cmsv I should utter
nnto hi.n any thing that were otTwMiaive a<Taiii>t
th(.* i:i\\. To that he? told me, that the kinq;
uitlcij liini to iLSbure nie on his honour, nnd in
liiu word of a king, that \vhatc\er I should say
iinlo him i)y this his secret messenger, I shouln
ahidc no danger, no jiorill for it, ncitlier that
any lulvantagi; should be taken against lue for
the same, nr), although my words were iicver so
directly against the slutuie, seeing it was but a
declaration ol'my minde secretly to him, as to
his o\inc person : and for the messenger him-
seli'e, he gave me his iaitjilull promise that he
would nc«er utter my words in this matter to
any man living, hut to tlio king alone. Xow
there fore, my lords, quoth he, seeing it pleased
the king's niiije^iy to send to mc thus secretly
under the prctcniv ofplaine and true meaning,
to know my poore advice and opinion in theae
his weighty and great affairc-s, nliieh I uiobt
ghuUy was and ever will be williii^ to ^end him
in; luethiuks it L< %ery iiard injustice to htare
tiie me>Mnt;i>r'> accusuriun, and t) alltAv the
same as a ^utlioii-nt tcstimoay again:it tr.e in
easei»t"tre:;6on.'
To thiN the messenger made no direct ar.swir.
but ^neither denying hi^ i^ords a> I'aUc, r.nr
contesting them as trne> «ai.l, that whatever he
iud ^.lid unto him on the king's liehah', he sai 1
nj more than hi$ u.ajo y comm.mdcJ ; an J,
^.ud iie, u I h.jd <hik\ io yuu in >:;:'h stirt :i> y '.i
have decl.:ri.d. I v.ould i;Ln.jly kMvUv%«luc dl—
il'-irue ii > !> t " V.»U !;j l.iw ;i^ i..n.t liiS lli»iit*<:v,
.' r -* » iii.ecil* M%.i.\! li: .'.linsi t!:e siatiice:
Mi'.eu .: >v\kie oi" li-.c .'u<ii^.> ii'ii^i'^ qv»i:L hoA
' .'.'.'.I..- ac.v ' v.". ?•;.:. l'::.;t tl..'* int"»L-,*ce, or
j-.-.jai.'s :' . ai ;^ie k. • c> ." :ia, iiciU.wv c.-d,
■ ..i ..\v., \i sc barge ..,. :
» :•.." I'-.^.dii Ail i cja>:;t.icc
■ • ^^
. . k .l.,a . , . . V • . C . «.l^> . . P.tC
\ ' •' ' .' w .' i " "*• •
, I'l h'lld lip hiH Iroid, niurh \,¥ did,
Willi H iii'/-.r f li<-i ihil rotjiitenaii'.e and rare
f '>ii«lHiii/. 'I Im II u:tH l.ii Iiidir:lrnf:itl. r(::i'(,
wliif.h vv.i". viiy )<<ii{( iiiid lill ofwiiidi; hut t.'.i-
• li«-( I ol ii wHn ihtM, 'I It.tt he NialiCHjii'lv,
li«'a< ill iKU'ily, and i.i\ * ly, had hnid ihc*ir- v/uids,
' I III I lit;', our novf i(-it*iif \itn\. i:t not Supriinr;
IImhI Ml ihiiMirhul I lie ( Jnirehot' Knglarid, and
bi'ini.^ Mini l-f til/ Mill, it w:i» a:d.ed him, vAw-
fhf-r hi; via^ ^nd'y ui' this treavju or nor
Wliririiiiio h«i pir.iih'd. Not ffuilty. 'I'heii vva<^
•I Jiiiy fd ivvelvi' iiiC'ii fheiiip riee*h<dderM ol
IVIidilli'iki-«; I :dli-d Ldiiv ihiti ii^iiie, whose names
iMifi ihi're. «ii' Hugh V'aii^h:iii km. sir Walnr
l.tiiii/'riMil kill. 'I ho. MMrhiii/e, Jtilin Nndygaie,
Will. Mm*^\ii(', .hiliii lli'Met, .las|t('r Jx'ak,
Joiin I'uhiM-r, \U\. Ilnny Vonnf;, 1I< luy I^idit-
iiiaii, Jiiliii Klim^Mon, iiiMJ lieorge llcvening-
htiiu, i'-ii|iini ^, 'I'hrie twelve men b( iliKsworiie
III fun v^lii'iliri I III* piiH'Hier wi'ie L'.nilly ol' this
iitsiiiiiiii III nil. Hi l'i'>i I iiiiii* I'orth to give evi-
ili-iiii' ii)'jiiiisi hiin Ml. Kali, the si-nvt nnd
I hinii iiM-.*<'iiL*i r tli.ii piUM'tl Im'Iwi'imi the king
iind hnii, us )i< have rend betine, who opeidv,
III ihi' pii'M-iii eorilie jnditfii, and all tlv piiiple
there usriciiihlrd, deposed and swore, that he
lietiril the pii^iiiter nu) in phiine word«, within
llu* Town n|' Liindtin, ihiit he believed in his
I iiiisi leiii i\ and by hin iMiriiiiig he asNiiredly
knew, thill the kinu. nriiher was, iiur liy right,
eniild be Supreiiu Head in rnrlli of the church
nl' I'lngl mil. When tliiH Meioed lather he. ird
the art iMittimis of thu most wretched anil I'iilso
pcf rm III, contra ly to h.s tonner (latli ami pro-
luipe, h«i was itiit a little nNtonislted tluu'c.it;
wbeieloic he miuI Io hnn ni thi» manner : * Mr.
Uu'h, 1 ciniiol but iiicr\.iile itk he.n* Niiu come
III. and I'lai' witncHs a^^nn^l me ot'tl:e>e words,
knowing; III «%h.it mvicI manner \on c«ime to
nil* hill »uii|»t*-M* 1 ^i> sai.l unto vou, \et in
ihiit ^.i\<ii)^ I conniutUil no trr.iMMi : tin- iip'o
«ihiil iHCii^ani, and Im' wimI cau^i' it on*':. I'e
siiiil. \(Mti mIi tiolli kn.tw is'.ia w«!l. a'.uiit.«u--
loK) U'lnu n.'w ui«Acd y^aul \w\ l»\ lb ^ *»» c.iM.'».
til (»*p«'n %-MU'whiil i>t thi» iiiuu-i, I ^Inti dc<».'-v
iitv Ittul'k, and o(livi« lu'iv, to Iasc a is;;.»- p..;i
41UV ni 1kmiiiij5 what I >\>.,\\{ *;:\ f,.»r n>\M'*.'
• riu* mm' ymc.in'"»i ^b. U c'-^ ' *.•■:» .
\\\c ii*»ni the ki'V* "^s* he '».i! I. o:« .i -^^x- ^ : i. « *•
s ».•»• wi.h c\»iir.v»e:»d.i::.*!''» -.v.'.i !..■* i, ' k.. •.^•
ei.uiui; a; Kev.v. \\\\M a .•..•.\i .'j*; v.v; ' » :l^.-
l».s.\ .-.:»» »*i iiu*. .»i^*i i. •»* ■»■ !V ::e ".-■' ** y
iu»u!-.»". ^* • ■ ;i*4.'^ ;"•• e »»■ ■•;* i »»i' .:■■' • .';».
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|.H] STATK TRIAI-S, ^-IIlnkvVIH. I yr>.-^qf l:. cluster, for lU^h Treosnn. [tuJ
way oi' a(!\irt* and couiihcll, \\hv'^ it \^:l< ro
qui-«U(i ul' iiic by till' kio^ iiiiu^fr!!'; i'.ud tli:.t
la\our the \orY words of tlif «*taiiiU: do tri\e
nic, lii'iiiL; iiKide oiU'!y ii«;ainsL micIi :is *-haII
iiiiiliciiiii>I} i^aiiiiiHy the kiii(>*!> :iiipiviii:icy, and
iiuiie other: %vhcrcf)r(', ulihoncli by rigour of
i;iw vou may t:i.ke occa<»i(>ii tints to cuiidcinn
iUf, yvi I lio|ut yon raiiiiuC fiudc taw, except
Y'lU adde rigour to thai law, to cast me duwiie,
wiiii'h herein I hope I have not dr!)eivcd.* To
«»liich it was answered by some of t lie judges,
Uut the word maiicMu$lif \t> but a su]K-rihiou>
und void word ; lor it' a man speak at;ain>t the
kiiis's suurenincv bv anv manner of mcanes, that
•peakiai; is to be understood, and takiu in hivv
u nialicioijbl J.
and |)rotoiind!\ ut(<rid. and [h;it \mi'm a mcr-
\ailiiiiS, courai'joii-, autl r.i*e e'ji.sf:.r.«-y, in n-
niuch as many of his liearcrs, yea ^iome of his
Judf^e*, lamentid j.o trif\o'i^l\, that ih-ir ju-
ward sniniw in all >i(lts vv:is rxpn.'r'^O'! hv il.t-
outwarri tearfs in their eye »;, to perr. i\»- swrli a
fanious and rexervud ni;in iit d.in<L,e:' lo bu c )n-
denin(dti>a ciiull deai:i, iiiioii s'>\Uiikcvi-
(It nee given by sacrh an acru^cr, contraiy lo
all fdtii and iMuiniM' of ihe kinij; hmix'If. Ih^t
\\\\ pity, nuMvy, and ri^'hl, bein>; set aMtIc,
riiiour, cnieliy, and nrilice, lotjk plaee; foi the
tuil\t*n»en licini: shurtlv returned from their
c«)n>ultaiion, Verdict wms iiixcn thai he a:i»
dadty (»f the 'I'li-i^nn, wincrh alih-iiiuh thev
thus did, npou tiie ni"i»aeliig; i\\n\ thixatiiin*;
* My l'jrd»,' said he, ' if ilie law be S:i under- words of the connni'.-iiMjrj^, the kiiijfs K;irntd
sto»d, then it is n luird exposition, and, a^i I councell, yet was ii, no do.ibr, fail mhv against
Like it, contnirv tu llic meaning of them that i their conbcience, as M)M)e of tliein uonld atrei
in.(ile the huv. Hut then let me demand tiiis
ijucrdioii, whether a sini:le testimony of one
mm luny be uihnitted iis sutlicieiii to prove me
£uilty of Treason for speaking these words, or
no? and whether my answer, nej;atively, iukv
report, to iheir tluii;; daios onily for safely of
tiiiir pjorls and li'.is, uhi''h ihoy were well
as>in\:'d lo lo-^c, iaca-.e liit.v had jaMj-jiiled hnn.
After the X'erdiOL i!.ns tiivui by li»e twelve
men, the lord cruincellciir, ro-.iTiandiiejj siloi.ce
not be accepted against his nttirniative. to my to be: kej)t, said utito the pi-i.-niier in i hi.- sort.
* My Itiid of !{(»( l:oster, you l;aye been iii*re
arraigned of Ili^h TreaTjon. and liuitiii:: voui
sclfe lo ila- hiall of i\Mi\<» men, yon have
f>!eadefl ,\ut C'^uilly, and ihcy n«>;\\itl5-ianding
lave fr>i!nd you (iuilty in ihcir <■ )nMUuice ;
wherefore, if you haxe a:iy nnTe lo >:iv fir v«)ar
st:lu', you :iir now to be hu.nif, or f.l-e to re-
rtfive judi^ineiit :irci»rdi. l; t'l ilu- onler and
order, into a se<:rct place, tlare to \.\^cqq upon | eoiirse of law.' Tiien >.ii'l ti:!^ blcs-ed fatl.-ej
ik" Verdict; but btfjre thev went iVum the 1 au'.iine, * Trulv nu- l(;rd, if ili.ii wXwiiu 1 have
piace, the ca'ie was so ajiJiravatcd to ihcin l»y ' be fore spi>Iien hv »i .? c.uH-.' ear, I ha\e tio more
araiie and benotit. or no r' Ttj that the jiiii^es
au4 hiw vers uiisweretl (tJtat beint; the kiiif^'a
caoe) ic rented nmeh in the conscicnrc and di.^-
• reti'in of ti-.c jury ; and as they upon the evi-
'lence f>iven before them shall tinde it, you are
either to be acrpiitted, or elt-e by j*idi:nunt to
tx- C'Mideniiied. The Jury havini; heard all this
siapic eviffenee, departeil, accord i a i; to the
.'iiv liird chanceUour, maivink; it sd hain-KiS and
»i.nifc'er/us a treason, that tl;cy iM>:ly peiceivcd
v.iKit iirdi'.'t ilifrv mu-^t riturne; olliLr'^avs
)■■ ip -^.ji li dan&^iT up<in t!ii >r owne he:itN, as
(nine <if them were \\ii!in»j; tiMiiuieJLO. ^'is.i-
oilu-r ijf till.' conimi!}>i(ini r<> iMr.ir^-ed tiii-* mo-t
ri-verrnd inan \sv\\ oSstiiiacv and ^llllr^I:tritv,
to i^av, but o:ielv H» tl'-in- '\l::n«;lif\ i.t n[ t*
for^'ive ilieni ili;l l.a\e l!. ;■ •.•■iiidcnnu.'d me, foi
I lljii.k r^t-y ki:-!'.- ;i -t v l:;:t lb. y Irive done.'
Tljcn my h)rd t;li;inc»''i'i'ir, l';auMMiT him^ebe la
a •;i^li.ai;'i:y in t'»«. :;ti nii.i'i', pr ;cl i:!ntMi Srn-
i( i.cc of deal'i upon him, ii nMnner und fiirmc
ii'Ilov\in:_' : * Win sh-ll i)e !«• ' ii ihc place from
a:.e:LJi>L', that be beio;. bill one man, did pii-- vxhenee ym ca.i.e. i-iid f. in ll;« nee ^lja'l 1,4;
vjfiiutii»ii<]y •'land aniinst thiit, which wa- in <hMwn ihi Vx):\\ liie ei:y t'l 'lie p:;i;"i- «»:' e\fcn-
'Jjc rreal coune*. Ii of parliament aj;rc(d nptjii. , lion ai l\bo.i.c, v|,' lo '..);.r bi.ly shall be
:'iid tniiillv was r.)i:si;nted nnto by ;:!l liic lian::t<! h\ il ■ ;, c! . ) -.If .:I-ve vo:j :,liali b*; eut
bj»hiips >)t tbi"> reahi;!-, -:avin«; himsr Ift :!innr. d-M-. n ;'.ijd ri^ovvi: ■ m :'■<■ • ..'MoJ. y.wv 1.:;smIs
liul to llnil he answered. *' Tiiac indcLd he
t" be \ iil»« :i I'!' i\\ \
ii'i !\ b'-i'Hi' y.iii, beir.'
nii«:ht Mt.ll be ai'ri;iinted •^mijnl.ir, if he abnn- ■ ali'. e, \i>iir !.: .id !. ' .- -■••.:ltiM (;!', un:l '.■•u:
I'l'iuld stand in tbis 'tialtcr (a-* ihcy s.iid,: but body ti> hi- li.-.i i.-d ii.:.» I'-i: <ji;ar!e»-«., nnd iit':-.-!
hiuuii: on Jiiii part the re it of the bi-hops in yom* head . imI <]:l•l:l'■I^ t-* be >.<.t u;;. uh*:' i!:{*
C hri>tiiidiime, tar ^nriiionntiiiu ihe ni'i.iber iif kir.j, fcliail :;ii.».i.t ; and (^n! i;.\v«- Hierty upi;::
ti.e l»i-hiip<* of Kn-il'intl, lie miuI thfv c i:;i i nol vonr '■'i:,!i«.' •
Alter li.i- :''-.Mi!)!m( uil' of lI; -, (."uvll Sen-
tence. »!.e I'l i.!* i;..'-.T I'.' li:.: T I- "r, w.lh 1.!-.
!).■;. d '»! ' II n. ";•• i •■< :i i^ l.» :\ee;\ •■ ;ii.d cur*
I'liii \-'.w.. ;;:":i \\ \\ h;:-
.:i
I
l;r-ii:-.«
pai ';..<• 'i di-.ii<l iiud:;*'!' »• of t1..' < .-mhi...
' 111 :• f>r :; :• ■ \%i»r«!'. uti>h b'-:;,i". ; i:.'!:!--!.
iu-lly aec'i'iiit lipu "ininl:;!. .\,'io liiuiMi (.ii
bi> p;irt a!t the ( ''ithtjiiiiks .mil bishops ul ti.e
v%Mri.| from (..'hrislV a-( i iihl'iii, till nuw, j .y:. -1
wiiii 1114. %vi»'»le «'>n.-*c-nL i/f Chrisi's iini\fr!-:ill
iieirfh, I iii'i-i ne;d* acriiunt idjiu; i'vmi p:iii
lirrithi- surtr: and a^ i^n Ki\t<.\\\w{ \y wi.i'.h
I* iiktui.-r obiMMft! ai];in.i.-; me, 1 i;.ivr eo vv:i,- '.■ -..il 'hn.- i'l !•..• ' • • '0 \ I ;. <! . I
t<i cte«iri' inN-^t;!! tluMi-;!, I»i<: iiiv o'.-.im* s«»l4'\ii: ■
Wi»rd and proon-i- li* ti**- i -iMirarv, if y.»'i plc'-e
to betii*\e It. iir eine, if ihiK v. i!) >i:il M-.\f, I an
here ready ^*t conf:rnie me *«;nm: ''V my r. iil:.*
lliiis, nt eii'cf.'t. In; an-iWfnd t!-:;- olij«. i:ii"''-*,
U»«uph Willi many more \\o:iiv. \,:Am wnilv
VOL. U '
)•:
•... I.
. . I ■ ■■
il e -t; .
di !.i:.»'l !ji f ;i . '. ■ '■■! I '.:■.' "v :!■ Mij '.i; di !;: ."I
• i llie KiM«;*- .*"..:•: I ar.M' ...-r li-.i* ('.iini'. n;
I II- II. d, b-.l il", W: k'. ur-ji : <■' ;•■•::. r ; li ;■.*■♦
r>« ■/■!. uiij ! ;!i > :.r. i : 1 ■•!« 1)1 !:.■ 1 |i:''.
;n.- c-l \*s 1 '•'■ .. "ei ..ml \ i: • . \.vcr.''l»
'ion] STA'Ii: TRIAIA l.>7 IltNRY VIII. IjSo.—Tnal qf FMcr, Bisfiop [404
inii^i be <:niiit;iitul Mith nllthat God .oliiilUcml, ac;nnc, for all llmt report thou sceH me yeC
10 v\liiiiif will 1 >\h(»lly retVrif and ^^l^mlit my- alive, and therefore A^luitsocvcr iicwc* thuu
bil!(-. And now to lell you uioie phiinly iny &halt heure of me hereuftiT, let me no mure
niintie, louchiuK this matter of the kin^'i .Su- lark my dinner^ hut make it ready as thou art
prcmary, I think indeed I, and ulwHics have wont to do ; and if thou see me dead when thoif
thought, and do now Justly utlinn that hi5 grace comest, tlien eat it thyselfe: hut 1 promise
canMi>l jufctly rluiinc any such suprfuiacy over thee, if 1 be alive, I niinde, by God's grace, to
the church of (iod, as he now taketh upon him, ' cut never a bit the Icsse.
nuilher haih it e\er been seen or heard of, that | Thus while this blessed bishop lay daily ex-
any ti nipondi prince before hi?» daies, halli pre- pectint the hourc of his death, the king, who
suined ui that di;;nity. VVherefwic if the king j no lesse deaiied hi» death than himseite looked
will now adv(Miture himselfe in proceeding in | for it, caubed at last a writ of execution to be
this strani^u and unwoutcd ca»e, no doubt but I made, and brought to sir Edmond Walsingham
lie sh'.dl deeply incnrrc the grievous displeasure - r,- « . . •
of .Mmighty (tod, to the great dannmi);e of hia
uwnesoule,andof many other?, and to tlie utter
ruint' of thib reahne, conuaitted to his ehur{;e,
whereof will en«iue some sharp punishment at
bin hand : where tore I pray God his gnice
may ri'mend>rr him>elfe in time, and hearken
lo •;ot>d counsell, for the preservation ofhim-
.selle and his reuluic, and the quietnesse of all
Chn«*iendomc.* Which wonls bciuK ended, he
was convened back a^aine to tiieTower of Lon-
don, part on foot, and part on hoi>eback, \%ith
a number of men, bearinc holberts and other
weapons about him, as was before at iiis com-
i\\)f to arraignment: and Miien he \^as come to
the Touer-gate, he turned him back to all hia
tr:iine that hud thus conthu'ttd him forward
and backward, and said unto them, ' My zmi!»-
ters, 1 thank vou all for the jrieut labour and
paincs Miu have taken with me ih?> dav : I am
not able to ^i\e yxni any tlnn^ in recoinpence,
lieutenant of the Tower. But ^here by his
jiidj;ement at Westminster, he was condemned,
as ye have read before, to drawing, hanging,
and quartering, as traitors alwaies u«e to be,
yet was he spared from that cruell execu-
tion. Wlierefore oi-der was taken that he
should be led no further than Tower-hill, and
there to have his head struck off. — After the
lieutenant had received this bloody writ, he
called unto him certaine persons, whose ser-
vice and presence were to be used in that bu-
dincsse, commanding tliem to be ready against
the next day in the morning : and because that
was vcr}' late in the night, and tlie pris'mer
asleep, he was loath to disease him of his rest
for ttiat time ; and so in the moniing before
live of the cluck, he came to him in his cham-
ber in the ikll-tower, finding him yet asleep in
' his bed, and waked him, shewing liim that lie
was come to him on a message from the king ;
and atlcr some circumstance used with per-
f«)r I have iiothin>; left; and thtrcfore 1 pray ! swasion that he should remember himself to be
yon accept in iiood part my hearty tliunkb.' I an old man, and that ibr age he couhl not, by
And this he spukc \xith so lusty a couruKe, so ! course of nature, live lon^ ; he told liiui at last,
amiable n cnuiitenance, and with so fre»h and { (hat lie was come to siunifie unto liim, that the
lively a colour, a> he seeni«*d rather lo have ' king*s pleasure u as ha Ahoutd sut!*er death tliat
coiue fn>m >ome preat feast, or bainpiet, than ! foienoone. Well, (pioth this* blessed father, if
finm his arrai>;iunent, ^llOwm^ by all his i.e>- this be your errand, you brin^ me no great
tore »ntl ouiuaid ciiunteuanco, nothing el>e | ncwes, for I have l>in^ time looked for this mes-
but I >y and «;laflae<>M'. ' s:it;e, I most humbly thank his mnjcsty, that it
1 Ir.io luMiiu. aiu-r his condi-nmation, the ^pacc ]>iea<'eth hiin to rid me t'rom all this v^orldly
til ilirce or tiiur dalt^, in Ills priMin, he occupied busiiie?>e : and I thank vou ai>o fir u»ur
hiiiiM'll'c in couiiiuud prayir mo>t fervrnily; cidmp. Hut I pray vi-u, !Vtr. Lieutcnaiit, said
and .i.'iluuiiih be looked daily tor death, \lI he, uhcn is mine honre tiial 1 must gn hence?
o>iuld ve not h.ive percei^id him one \>liit Vnnr houre, said the lieutenant, must be nine
di>inuycd tlie.c.it, neither in \sovi\ nor iMuiite- of the clock. And wh;it houre i* it now, said
n.iiH-e. but s::li iiiniinucd ids lormer trade of he? It is ihiw about five, suiti the lieutenant.
iOn^:aiic\ and patience, and that rather with a Well then, said he, let me by your patience.
lutMe io_\Miil I 'ie«Te and tree minde than ever >le€p an houi'e or two, for 1 have slept very
he had tlone beiiire, \%hic)i appeand well by little ihi> nit;ht : And yet to lell vou the truth,
ttii> chamv thai I imU tell you -. there hapned a not for any tearc of death, I thank (rod, but by
f.i!>j nuiiour tt> ri^e *iodainel\ aii>on«j the peo- re.ison of my ^rcat lutinnity and weakncsse.
pU\ itiat he should be brought to his execution Tiie kind's t'uriher pleasure i«. said the lieiitt-
b\ a i( rtaui li.iy ; \%l<er«-iip:>ii hi> co.ik, that Mas naiit, tlait vou ^h 'uiil use a.s hiile «pt^t.x*h as
\«<«iil l<i dri-Niiio ■iiiiiu r. and c.irry ii d.idy uiitv) may be, tspecialU ai:\ :i>i'u imiclims h.s ma-
il..'!, lie :. lU^. aiiii»uc • *tliii>. i>f hi? execution. je>ly, uhtifb\ the (<e>-p^e should have any
d.t^s. d ii'.ai U't duuier at all that day; Mhere- cause Ci> think of l.iiii or : i-> pritctediov^s othcr-
I'-rt" at tt.e c.'ok's next !i p int. iiuio him, he de- wim than well. I'o.- th.i'. s.in! he, vou sh.'ill
nitiuled tiucaii-'e « li\ l.e broujilit hmi not his see me o dir m\«»i!f. a-, by Gu«r-» cr^ce,
d:i.:»e.- .> l,e was wont ti doe: Sir, said the neither the kinc, nor .my man cUe. shall ha\ir
c^ok. :: M.ts commonly I dkid all the to^ne occuMnn lu ini-dke nu Miinl^. Wrh which
o\er, that \.>u >landd have died iliAt day, ui-il answer the hcuienant departed fr«vn him: and
thcet'oie I thou»;ht it but vuine to dre%se any so the pn.«nier falliu:: ii^aine to re^t, »Icpt
thing for you. Well, said he merrily uuto faini MOiuily two hoiirts and more. And after dc
1
405] ^ATE TRLAl^, 27 llESUY \IIL 1533.-^ Rocfiestn, for High IWason. [MJO
was waked, he called to \ni man to help him
up : but first of all he coiiiiiiaiided him to Uike
auray the shirt of liaire (which acctis turn ably
be wore on bis back) und to cfjnvL-y it privily
nut of tlie hi>use, and instead thereof to lay
hun fortii a clean white shirt, and all the be>t
aparrell he had, as cleanlv brushed os may be:
and lis he was arraying hiniselfe, lii^ man per-
ceiving ID him more curiosity and cure for the
fine and cleanly wearing of his apurrell that
day, than ever was wont to be l>cfore, demand-
ed of him what this sodain change meant, say-
ing; that his lordship knew well enough he must
pat off all againe within two hourcb, and lose
It. Whatofthaty said he? Docst ihou not
mark, that this is our marriage-day, and tliiit
it behoveth u% therefore to use more clean li-
iicue fi>r solemnity of the marriaee-suke ?
AlK>ut nine of the clock the lieutenant cnme
againe to his prisoner, and finding him nlmtist
rradv, said that he was come now ff»r him. I
will wait upon you straight, said he, as fast a>
this thin body of mine will give nie leave.
Then said he to hi» man, U^ach me my furred
tippet to put about my neck. () my lord,
uid the lieutenant, what need you be so care-
full fur vuur health for this little time, heiiiic, as
f oar sell' knoweth, not much above an houre ?
I think no otherwise, said this blessed father,
but yet in the mean time I will keep myselrb as
well as I can, till tlie very time of my execu-
tion : for I tell you truth, though I have, 1
thank our Lord, a very good dcsiie, and a will-
ing miiide, to die at this present, and i»o trust
oi' his iotinite mercy and goodiie^bc he will
Cdntinue it, yet will I not willingly hinder my
he.dthy in the mean time, one minute of an
hiiure, but i>tili prolong the siiine as h>ng as I
can, by such reasonable wnies and meancs a>
Almighty God hath provided for inc. With that
tak)D)2 a iiitie book in his liaiid, which ua>^a
New revtanient lying by him, he made a crosse
nu his forehead^ and went out of his prison -
doore with the lieutenant, beiiii; so weak that
1* w:ib scarce able to go downe htuires : \^ Iktc-
iun at the staires foot he was taken up in a
cbmrc between two of the lieutenants men,
and carricfl to the Tuwcr-gate, with a );reut
number of weapons alnrnt him, to he delivered
to the sheriffs of London for execution. And
ai they were come to the uttermost precinct of
tJie hljeriy i»f the Tower, they rc^sted there with
hiia a space, till such time as one was sent
litiure to know in what rcudinesse the slierilF»
«ere ti receive him ;' during whit h space he
rose out of his chaire, and stiiiulii)*; on his feet
leaned his shoulders to the wall, and liltint! his
eyes toward<i hea%en, opened his liltlc book in
hit bund, and suid, * O Lord, this is tlnr last
time that ever I shall open this book; let some
CMnfurtable place now clumce untu me, where-
bv I thy [H)ore servant may ulorific thee in this
niT lift boiire ; nnd with that, lookinu into the
wak, the first thiiiK that came to his sight were
Uwie ttoniit, U^c tti autim rita atcrua^ ut cng-
^neani te, mIuih vtrum Drunt, ^- quern wisisti
^m Christum, Ego te giorijicavi tvper tcr-
ram, opus consuiuMari quod dcdhti f/iihi ut ,/«-
ciow : Et tiuHC ciunfica tu me^ Paier, a pud
temct ipsuni clatilute ijuiim fiubui pnusqnam^
SfC, and with that he shut the book io>:eihcr,
and said, * Here is even learning enough for
me to my live's end.' And so the sheritlV being
ready for him, he was taken up again among
certain of the sheritFs men, with a new anil
much greater company of weapons than was
before, and carried to the 9catr>»ld on the
Tower-hill, otherwise called K.ibt-Sniithtield,
himselfc praying all the way, and rei-(trdiMg
upon the wonls which he l>efoie had read; and
when he was come to the foot of the scnifidd,
they that carried him oH'ercd to help him up
the staires. But then said he, Nhv, mastery
seeing I am come so far re, let me aloiio, nnd
ve shall see me shitl ft>r mv^elf well eiinugh ;
and so went up the staiies without any helpe,
so lively, that it was mrr\eile to them that
knew beforeof his debility and wcakncdse; but
as he was mounting up the ht;iires, the south-
east sun shining very bright in his face, where-
upon he suid to himsclte the»c wonls, Idling up
his hands. Accfdite. ad einn, JSf iUuimnamini^ 4*
fades vestrn non cnnfundetur. By that lime
he was upon the «>cartolH it w;is about ten of the
clock ; where the executioner being ready to
do liis othcc, kneeled downe to hiin, as the
fashion is, and asked him for>;ivcne><»e : * I fur-
give thee, said he, with all my heart, nnd I
trust thou shalt »eo me overcome this stonue
lustily.' Then was his gown and tippet taken
from him, and he ^lood in hi** doublet and hose,
in sight of all the people, whereof was no small
number a^scmblt*d t(»see his execution. There
was to be sto.n n loiii:, lean, and slender body,
I having on it little lirher substant:e be^ide> skin
! and bones, insomuch as most of the bt-holders
I mer\'eih>H to see a living man so farre con-
sumed, for he seemed a \ery image of death,
and as it were death in a m:urs shape, ii«>mg a
! man*s voice; and theretore it was iliua«ihr tiie
I king was something cniell to pat sueii a man
j to death, hcin*^ so neere his end, and to kill
' tliat wl.irli was dying already, except it were
tor pity >ake to rid him of his pain.
When the innocent and holy man was some
upon li.e scatfold, he spnke to the people in
eifeci as tbiloweth : * Christian |ioi>ple, I am
come hither to die for the hiith «)f ('hri<it*s holy
Catholiifue rhiirch ; ami 1 ihank (.lod hiiherto
my stomack htiih served me very well ihert--
unto, so that yet 1 have not it-ar'-d fle.it ii ;
wherefore L desire you all to help and a>Mi>t
with your j»rayers, that at the very pi»iiit anil
instant of death's stroke, I inav in lliat very
moment sraiid stcdhist, wiihoni fainiing in any
one point of (he (*a(holiqiir faith, free Iroiii :ii.y
tear. And 1 beseech Almichiv CSod uf his m-
tlnite ^oodne^sc, to save the king and thi«
realme, and that it may pleu'>e him to holil W,^
hand over it, ami st-iid (he kmv \HMn\ couneel.'
The'>e or ilic like words he spake, \\i\\\ >\u'\\
achcerefiill countenanre, such astoiit aiidi'iiii-
staiit courage, aiul such a reverend uravitN. that
he appeared to all men not onl) \oid of fe.ur,
107]
STATE TRIALS, 27 Henry VIII. \y.i5.— Trial qf Lard Dams.
ti08
I till aiSw> ^lacl oiMctilli. iicsiritid thi?, he uttered
Ims words &o ilisriuctly, and with so luud imd
cl«'ure a voice ttiiit tho jicopic were astonislied
thereat, and noted it for a iniruculous thing, to
iuuti: so plain and audible a voice come Irom
so weul^and sickly an old body j lor the
\oun(;e&t mnu in thai presence, l>fing in good
and perfect health, coutd not luive spoken to
he better hevird and perceived, than he was.
Then af'er these few uor(U by liim uttered he
kneeled doun on both his knees, and said cer-
tain nraycrs, among which one was the hymn
of It: Deum Inudawunj to the end, and the
p*ahn ot //* te, Djifune, spiravi. Then came
t he executioner, and bound a hHndkerchief about
hand% and heart towards heaven, said a few
prayers, u hich were not long, but tei^ent, and
devout : which being ended, he laid his bead
down on the middle of a little block, where the
executioner being ready with a sharp and heavy
ax cut asunder his slender neck at one blow,
<which bled so abundantly, that many wondered
^to sec so much blood issue out of so slender
and Icanc a body. He was beheaded June
«2, 1535, in the 80th year of his age. Lord
Herbert says that " the' Pope (Paul 3rd) sent
him a cardmars hat, but unseasonably, his head
being off." There is a story, that when Honey
heard of the Pope*s intention to send him a hat,
be exclaimed, ** Fore God, then, he shall wear
hi» eyes; and bu this holy father lifting up his | it on his shoulders, for I'll ha%'e his head off."
:32. The Trial of William Lord Dacres of the North, for High
Treason, in the Court, of tlie Lord High Steward: 27 Henry
A'HL A D. 1535, [Hall and Lord Herbert's Hen. VIH.]
[** This Trial is tukc n notir^c of in most of the
olii C'iironicle'^, and also in one of tlie Har-
hicU) ni.-i(uiscr:pts ; hut llalKs i:» the book,
from which the otlies tran>trihc. We ihtre-
lore present our readers with an oNtraci
frosn liiiu, to which we add one fnnn lord
liej ht ri'^ Henry \ lie nth, as the hitter is more
txplanaiory. But both iiccoimls are so
slior:, tliat we fear they will he deemed too
lri\ inl lor insertion. Against such a censure,
ue ha>e only t(» j-nv. that it is the fact ol lord
J).UT(>'& acquittal, which was our chief in-
diici nient for admitting the mention of this
'JVial into the collection. In ancient times,
more especially in the teigii <ff Henry 8th,
when, fri)m the devastation made by the
civil w-ar4 ammigst the ancient nobility, and
other causes disturhini; the balance of the
cou'^titution, the influence of the crown was
become exorbitant, and seems to have been
in its zenith, to he accu'«ed of a crime aeainst
liie state and to he convicted were almost
the same thing. The one was usually so cer-
tain a consequence of the other, that, exclu-
Treason, where the duke of Norffolke sate as
judge and high stetvard of Kngland. The sayd
liirde Dacres bevng brought to the barre with
the axe of the 1 owcr before him, after his in-
ditement red, not only improved the sayd indite-
ment as false and maliciously devised against
him, and answered every part and matter hcrin
contained, but also so manly, wittily, aud di-
rectly confuted his accusors, whiche there were
ready to avouche their acciisacions, that to
their great shames, and to his great honor, lie
w:is found that d:iy by his peres not giltic,
whiche undoubtedly the comm<ms excedyii|»ly
joyed and rejoyietl of, iusomuche as/thcre was
m the hall at those woordcs, • Not giltie/ the
•greatest shoute and crye of joy that* tlie like
no man Hvyng may remembre that ever he
heard.
Eitractfrom lord Hcrb€rt*s Henry VIII, in
2 AVnn. Compl. Hist. p. 177.
The lord Dacres of the north (July 9, as our
historians have it) was arraigned at Westmin-
ster of High Treason, but as the principal wit-
sively of lord Dacres's C'«se in the rei*:n of I ne«ses produced against him by his accusers
" "'* --' -' - *' ^' • 1 •»'• • ^^j^ Ralph Fenwick and one Musgrave) were
>ome mean and provoked Scottisli men, so tiis
jKH^rs acquitted him, as IkHia injr they not only
spoke maliciously, but miiiht l»e easily suborned
against him, as one who (having been warden
of the Marches) by frequent inroads had doiie
much harm in that country. And thus escaped
that lord to his no little honour, and his judsces,
as giving example thereby how persons of great
quality, brought to their trial, are not so nrcc?s-
sarilv condemned, but that they sometimes may
escape, wheu they obtain an equal hearing.
Henrv Hth, and that of sir Xiclu)las Throck-
inorton in his daughter Mary's, the examples
to the contrary aie very rare. But those
whirh do occur ou>;ht to be lemcnibered in
ju'^iice to the time> they heloUi; to, as a sort
of Iv.dtnice tor the reproach deservedly cast
upon tliem, tor the culpable facility ot con-
(ieuMi.ttioii S'> conspicuous in most other in*
stJue*-.-," Hargrave.]
Extract from HUVi Hcn. VIII. p. 225.
1 HK Tiymh day of July was the lorde Dacres
of liie north ar reigned at Westminster of High
409] STATE TRIALS, 28 Henry VIII. loSd.-^TriaJsqf Queen Anna Bol(!yn,Sfc, [HO
33. Tlie Trials of Queen Anna Boleyn, and her Brother lord
viscount RocHFORD, for High Treason, in' the Court of the
Lord High Steward; and also of Henry Norris, Mark
Smeton, William IJrereton, and Sir Francis Weston,
before Commissioners of Oyer and Terminer, for the same
Offence: 28 Hen. Vni. a. d. 1536. [Harleian MS. 1 Burnet's
Reform. 19^. 1 Strype's IVIemorials, 279]
[** The earliest account we have of these pro-
ceedings is in ilull*8 Chronicle ; but, except
the queen's Speech at her rleuth, it scarce
ineoiiuns more, than that she and tlie rest
were arrested, accused, cried, and executed.
Hail's Hen. ik fo. 227. b. Grafton copies
verbatim from Hall, except omitting this cir-
cumstance, tlutt tlie king the day after her
deatli wore white for mournine;. Graft. 1228.
Fox, in his Martyrology, is chiefly occupied
in vindicating the queen's virtue, and defend-
inpr the succession to the crown through her.
SJ^ox Maftyr. ed. 1610. p. 987. In Hol-
linKihead, the account is more full than Hall.
3 HoUingfih. 940. Stow, who follows next,
chiefly borrows from Holhngshead. Stow's
Chron. Howe's ed. 572. Some additional
circumstances are noticed by Speed. Speed *s
Chrun. 1014. Lord Herbert is still more
particubir in his narrative. Herbert's Hen.
8. in 2. Kenn. Compl. Hist. 193. 'JTliere is
also a sliort account of this Trial amongst
the Harleian Manuscripts at tlie British Mu-
seum, which seems to have been compiled
out of tlie printed chronicles. But the most
copious relations of this singular transaction,
are in Heylin and Buniet ; more especially
the latter, who was aided not only by some
original Letters, but by two other coteinpo-
rary manuscripts of great authority, one be-
ing a Common-Ptace-Book of judge .Spel-
faan, tlie other an account by Anthony An-
thony, a surveyor of the ordnance of the
Tower. Heyl. Uefonnut. 263. 1. Burn.
Uelorm. Aiter Burnetts book, our learned
annalibt Str\'pi% favoured the world \^ith
some additional matter. 1 Strype's Me-
mor. 279. What we shall lav before the
reailer, will con*iist, first of tFie Harician
Manuscript, secondly of Extractb from Bur-
net, and thirdly of an Kxtract from Strype ;
which tr)gether i^ill, as we apprehend, nirarly
comprize every circumttance deserv lug of no-
tice thnmghcmt the whole alfuir." liargruve.]
Kxtract from HarUian Manuscript.
TllO.MASdukeof Nortoiko, lord high sten-
aril of I'ln^laiid, utt the Try all of (]ueene Anne
liolfvn, tvho on the 1.5th day of Muy, in the
liHih jreare of the rai^nc of kiiiKe Henry tnc
f i^ht, was armigned in the Tower of London,
on a M^alTold for that purpfjse made in the kings
h:ill, the duke of Norfofke sittinge under the
ti«iath of Mate, the hnd chaunrellor on his
'•slit hand, and (he duke of Sutf'dke on his
lefte, the earle of Surrey, sonnc of the duke of
Norfolke, sittinge directly before his father, a
degree lower, as earle marshall of England, to
whomc were adjoyned 26 otlier peeres, and
among them the queenc*s father (a ), by whome
shee was to be tryed. The king's Commission
beinge read, the accusers giive in thcire Evi-
dence, and the VVittnesses were produced , the
queene sittinge in her chaire made for her,
(whether in regard of any infirmity, or out of
honor permitted to the wife of the soveraigne)
hax-einge an excellent quick witt, and being a
ready speaker, did so answeare to all obiections,
that had the peeres given in theire Verdict ac-
cord inge to the expectacioii of the assembly,
shee had beene acquitted : but they (among
whome the duke of Suflblke the kings brother-
in-law was cheife, and wholy applyinge him*
selfe to the kings humor) pronounced her guil-
ty ; wherevpon the duke of Norfolke, bound
to proceed accordinge to the Verdict of the
peeres, condemned her to death, cither by be-
inge burned in the Tower-Greene, or beheaded,
as his majestie in his pleasure should thinke
fitt. — The Sentence l>einge denounced the
court arose, and she w:is conveyed back againe
to her ciiamber, the UAy Bulcyn her aunt, and
the lady Kingston, wife to the constable of the
Tower, only attendinge her. — And on the 19rli
of May, the queene was brought to the place
of cxecucion in the Greene within the Tower,
some of the nobility and company of the citiie
beinge admitted rather to bee wlitnesscs then
spectators of her death, to whomc the queene
(iiavcinge ascended the scaffold) spake on this
manner.
" Freinds and good Christian peo[)le, I am
here in your presence to suffer death, whereto
I acknowii'dge my selfe adjudged by the lawc,
how iustly I will not say ; J intend nnt an ac-
ctisacion of any one. 1 bcseecli the Almightv
to preserve his m:i)estie longc to raigne oveV
you, a more gentle or mild prince never swayed
septer ; his bounty and clemency towards mee
I am sure hath hi'cne speciall ; if any one in-
tend nn inqnisitiue survey of my actions, I in-
treate him to judge lavourahly of nice, and not
rashly to admitt any censorious con( cit. And
soe 1 hid the world farewell, beseeching; you
to commend mee in your prayer;* to God." (h)
(n) The queen's father was not one of her
judges. See pag«* 417, and the note thcrr.
(h) Fox, 2 Acts and Monnmciirit. p. 'ro.
gives nearly the same speech.
This speech shee vttered with a smylinge
countenaunce ; then kneehnge downe, ^ith a
fervent spirit said : ' To Jesus Christ 1 com-
mend my soule, Lord Jesu receaue my soule ;'
and repeatinge these words very often, sudden-
ly the siroake of the s^vord sealed the debt that
shee owed %'nto death. — Nowe the court of
England was like a stage, whereon are repre-
sented tlie vicissitudes of ever various fortunes ;
for within one and the same moneth, that saw
queene Anne florishinge, accused, condemned,
executed, and another assumed into her place
both of bedd and honour. The first of May,
yt seemcih, shee was informed against, the se-
cond imprisoned, tlie fitlceuth condemned, the
seaventeenth deprived of her brother and
friends, who sufiercd in her caiue, and the
nyneteenth executed. On the twentyeth the
kmge married Jane Scimour, who on the nyne
and twentieth was publiqucly shewed queene.
Extractfrmn 1 Burnetts Reformation, 196.
In January, 15S6, the queen brought forth a
dead son. Tliis was thouglit to have made ill
impressions on the king : and that^ as he con-
cluded from the death of hib sons by the former
queen, that the marriage was displeasing to
God, so he mii^ht upon this misfortune, begin
to make the like judgment of this marriage.
Sure enough the popish party were earnestly
set against the queen, looking on her as the
great supporter of heresie. And at that time,
Fox, then bi'*hop of Hereford, was in Germany
at- Smalcald, treating a league with the protes-
tant princes, who insisted much on the Augs-
burg confession. There were many conferences
between Fox and Dr. Biurnes, and some others,
with the Lutheran divines, for accommodating
the ditferences between them, and tlie thing
was in a good fonvardnetis. All which was
imputed to the queen. Gardiner was then
ambassador in France, and wrote earnestly to
the king, to dissuade him from entering mto
any religious league with these princes : fur
that would alienate all the world from him, and
dispose his own suhjccts to rebel. I'he king
thought the Gennan princes and divines should
have submitted all things to hi« judgment, and
bad such an opinion of his own learning, and
was so puft up with the flattering pniises that
he daily heard, that he grew impatient of any
opprisition, and thoutrlit that his dictates should
pass for oracles. And borausc the Germans
would not receive them so, his mind was alien-
ated from them — But the duke of Norfolk at
court, and Gardiner beyond sea, thought tliere
might easily be found a mean to accomodate
the king, both with the emperor apd the pope,
if the queen wrrc once out of the way ; for
then he might freely marry any one whom lie
pleased^ and that marriage, with the male issue
of it, could not be disputed : whereas, as long
as the queen lived, her marriage, as being judg-
ed null fr(»m the beginning, could never be al-
lowed by the court of Rome, pr any of that
party. With these reasons oK state, others of
oScctiun concurred. The queen Iiad been his
lyse.-^Trials qf ilueeH Anna Boleyn, [412
wife three years ; but at this time he enter-
tained a secret love for Jane Seimour, who had
all the charms both of beauty and youth in her
.person ; ixnd her humour was tempered, be-
tween the severe gravity of queen Katherine,
and the gay pleasantness of queen Ann. The
queen, perceiving this alienation of (he kings
heart, used all possible arts to recover that at-
fection, of whose decay she was sadly sensible.
But the success was quite contrary to what
she designed. For the king saw her no more
with those eyes, which she nad formerly capti-
vated ; but grew jealous, and ascribed these
caresses to some other criminal aiiections, of
which he began to suspect her. This being
one of the most memorable passages of this
reign, I was at more than ordinary pains to
learn all I could concerning it, and have not
only soen a great many letters tiiat were writ
by those that were set abimt the queen, and
catch t every thing that fell from lier, and sent
it to court, but have also seen on account of it,
which the learned Spelman, who was a judge
at that time, writ with his own hand m his
Common-Place book, and another account of
ic writ by one Anthony Antliony a surveyor of
the ordnance of the Tower. From all which I
shall give a just and faithful relation of it, witli-
out concealing the least circumstance, that may
either seem favourable or unfavourable to lier.
She was of a very cheerful temper, which
was not always limited within the bounds of
exact decency and discretion. She liad rallied
some of the kings servants more than became
her. Her brother, tlie lord Kochford, was her
friend as well as brother ; but his spiteful wife
was jealous of him : and beini; a woman of no
sort of vertue, (as will appear afterwards by ber
serving queen Katlierine Howard in her beastly
practices, for which she was attainted and exe-
cuted,) she carried many stories to the king, or
some ahout him, to persuade, that there was a
famiharity between the qnccn and her brotlier,
beyond what so near a relation could justifie.
All that could be said for it, was only this :
that he was once seen leaning upon her bed,
which bred ureat siispition. Ilenry N orris,
that was groom of the stole, Weston, and Bre-
reton, that were of the kings privy-chamber,
and one Mark Smeton, a musician, were all
observed to have much of her favour ; and their
zeal in serving her was thought too warm and
diligent to flow from a less active principle lh:m
love. Many circumstanceti were brought to
the king, which working upon his aversion to
the queen, together with his afl'ection to mistress
Seimour, made him conclude her guilty. Yet
somewhat which himself ob-ervcd, or fancied,
at a tilting at Greenwich, is believed to have
given the crisis to her ruin. It is said, that lie
; spied her let her handkerchief fall to one of her
I gallants to wipe his face, bring hot ski\er a
: cfMirso. Wheiher she dmpt it carelessly, or of
design ; or wliether there be any truth in that
story, the letters concerning her fall making
no mention of it, I cannot determine ; for Spel-
. man makes no mention of it, and gives a very.
413] STATE TRIALS, 28 Henry VIII. Ij^Q.^and others, far High Treason. [414
to Cranmer, to come to Lambeth ; but ordered
liim not to come into his presence. Which
was procured by the queen's enemies, who took
care, that one who had such credit with the
king, should not come at him, till they had
fully persuaded him that she was guilty. Her
uncle's lady, the lady Boleyn, was appointed to
lye in the chamber with her. Whicii she took
very ill ; for, upon what reason I know not,
she had been in very ill terms with her. She
engaged her into much discourse, and studied
to draw confessions from her. Whatsoever she
said, was presently sent to the court. And a
woman full of vapours, was like enough tu tell
every thing that was true, with a great deal
more ; for persons in that condition, not only
have no command of themselves, but are apt
to say any thine that comes in their fancy.
The duke of Norfolk, and some of the king's
council, were with her ; but could draw nothing
from her, though they made her believe, that
N orris and Mark had accused her. But when
they were gone, she fell down oa her knees
and wept, and prayed often, * Jet u hitve mercy
on mc ;' and tncn fell a laughing : when that
fit was over, she desired to have the sacrament
still by her, that she might qry for mercy. And
slie said to tlic lieutenant of the Tower, sha
was as clear of the company of all men, us to
sin, as she was clear from him; and that she
was the king's true wedded wife. And she
cried out, * O Norris, hast thou accused me ?
Thou art in the Tower with me, and thou and
I shall dye together; and Mark, so shall thou
too.' She apprehended they were to put her
in a dungeon ; and sadly bemoaned her own,
and her mother's misery; and asked theui,
whether she nuibt dye widiout justice. But
they told her, the poorest subjects had justice,
much more would she have it. The same let-
ter says, that Norris had ni>t accused her; and
that he said to her almoner, that he could
swear for her, * she was a ^ood woman.' But
she being made believe that he h»d accused
her, and not being then so free in her thoughts,
as to consider tliat ordinary artifice for draw-
ing out confesj*ions, told afl she knew, both of
him and Mark. Which though it was not
enough to destroy her, yet certainly wrought
much on the jealous and alienated kuig. She
told them, * That she once asked Norris, why
he did not i;o on with his marriage?' who an-
swered her, * that he would yet tarry some
diiTerent account of tlie discovery in these
»ord». * As for the evidence of this matter, it
WHS discovered by the lady Wingfield, who had
been a scnrant to the queen, and becoming on
m sudden infirm some time before her death,
did swear this matter to one of her — ' and here
unluckily the rest of the page is torn off. By
this it seems, there was no leeal evidence
against the queen, and that it was but a witness
at second hand, who deposed what they heard
the lady Wingfield swear. Who this person
was we know not, nor in what temper of mind
the lady Wingfield might be, when slie swore it.
The safest sort of forgery, to one whose con-
Kience can swallow it, is to lay a thing on a
dead persons name, where tliere is no fear of
discoveiy before the great day : and when it
was understood that tlie queen had lost the
kings heart, many, either out of their zeal to
popery, or design to make their fortune, might
be easily induced to carry a story of this na-
ture. And this it seems was. that which was
brougfit to the king at Greenwich, who did
thfreapon immediately return to Whitehall, it
beinc the 1st of May. The queen was imme-
diaidy restrained to her chamber, the other five
A ere also sebed on : but none of them would
confess any thing, hut * Mark Smctnn, as to
any actual thing/ so Cromwell writ. Upon this
they were carried to the Tower. The poor
queen was in a sad condition ; she must not
Quly fall under tiie kings displeasure, but be
boin defamed and destroyed at once. At
fint she smiled and cnrryed it cheerfully ; and
Slid, she belie%-ed the king did this only to
pnne her. But when she saw it was in ear-
nest, she desired to have the sacrament in her
closet, and expressc«i great devotion, and seem-
ed to be prepared for death.
The!»urprize and confusion slie was in, raibed
fits of the mother, which those about her did
nut seem to understand : but three or four let-
ten, which were writ ciMircrning her to court,
lay, that she was at some times very devout,
:ifid cried much ; and of a sudden would burst
oat in laughter, which arc evident signs of va-
pours. When she heard that those who were
accused with lier, were sent to the Tower, bhe
then concluded herself lost ; and said, she
khfiuld be sent thither next ; and ttdked idlely,
e:iying, ' That if her bishops were about the
Itini;, they would all speak for her. She ulao
uid, that she would be a saint in heaven, lor
klibhud dune many good deed^; and thtit thcie
should be n(» rain, but heavy jiidgnieuCs on lut
load, for what they were now doing to her.'
Her enemies had wtw gone too far, not to de-
:>!r[iv her. Next day she was carrved to the
fowir, and some lords, that met her on the
liver, declared to her what her otl'ences were.
{.[I'jn i%hich, she made deep prrite.'.tations of
hfr innocence, and tiegged leave to see the
killer ; but that was not to he expected. When
she tiui carried into tl»e Tower, * She fell down
ua iter knees, and prajfed God to help her, as
ihe was not guilty of the thing for which she
*>ti sccuscd.' Tiiat same dav the kint* uri^te
; lime.' To which she replyed* * You look for
' (lead nien*s shoes; for i^ ought come to the
king bill good, you would look to have me.'
. lie auM
- would li
lyered, * if he had any such thought, he
liib head were cut olV.' Upon which, she
! said, * she could iindoc him if she pleased, and
! thereupon slie fell out with him.* As for Mark
I who was then laid in irons, she said, he was
; never in her chamber, hi:t when the king was
1 last at Winchester; and ihon he came into
pljiy ou the virginals : she suid, that * She never
i fcptjke to him alter that, but on Saturday be-
; f.;rc .May-d:»y, when bhf saw him standing in
rhc window, and then -^h: asktrl him, wh) he
415] STATE TRIAI-S, 28 IlfisnY VIII. n:iG.—Triabqf2ucen/lHnaBoIcyn, [-HO
was so sad ; he said, it was no matter : she an-
swered, You may not look to hu\ e mc speak
to you, as if you were a nobleman, since you
are an inferior person. ' No, no, madam,'
said he, * a look sutticethme.' She seemed more
apprehensive of Weston, than of any bmly.
JPor on Whitsun Alunday lust he ;>aid to her,
' Ttuit N orris ciune more to her chamber upon
bcr account, th:in for anv body else that was
there. She had observed that he loved a kins-
woman of hers, and challenged him for it, and
for not loving his wife. But he answered her,
that there were women in the house, whom he
loved better than them both; she asked who is
that ; yourself, said he ; upon wliich^ she said,
she defied liim/
This misfry of the queens drew after it the
common eflfects that follow persons under such
a disgrace ; for now all the court was against
her, and every one was courting the rising
queen. But Cranmcr had not learned these
arts, and hud a better soul in him, than to be
capable of such baseness and ingratitude, lie
bad been much obliged l)y hcr^ ^d had con-
ceived an high opinion of her, and so could not
easily receive ill impressions of her; yet he
knew the kings temper, and that a downright
justiiication of lier would provoke him : there-
fore he wrote the following Tetter, on the 3d
of May, with all the softness that so tender a
point required ; in which he ')u$iihcd her us far
Hs was consistent with prudence and charity.
The letter shows of what a constitution he wa^
that wrote it ; and contains so many things |
that tend highly to her honour, that I shall
insert it here, as 1 copied it from the original.
* Pleaseth it your most noble grace, to \>e
* advertised, that at your {graces commandment
* by Mr. Secretary his letters, written in your
* gnices name, I came to Lambeth yesterday,
* and do there remain to know your graces
' further pleasure. And forsomuch as without
* your graces commandment, 1 dare not con-
f trary to the contents of the said lietters, pre-
' bumc to come unto your graces presence;
' nevertheless, of my most bounden duty, I can
< do no less than most humbly to desire your
* grace, by your great wisdom, and by the ns-
* bistance of Gods help, somewhat to suppress
* the deep sorrows of your graces heart, and to
* take all ailvefsiliesof Gods hands both pa-
' tienilyand thankl'ully. I cannot tleny, bur your
* grace hath great causes ninny ways of lament- |
* able heaviness : also tliat in tlie wrongful esti-
' mat ion of the world, your grnccs lM)nour of every
* part is so highly touched, whetl»«r the thinps
* that commonly be spoken of, be true or nor,
* that I remember not that c\er Ahnightv God
* sent unto your grace, any like occasnm to
' try your praem conMancy throughout, whe- ;
< ther your highness can l>e content to Uike otf "
* Gods hiuids, as well things displcasnnr, as
* pkuMiiit. And if he find in your most noble
* peort snrii an obedience unto his will, that
* your grace, without munnuration and ovtr- |
* much heavine«>, do accept all adversities, not
^ |t» thankini! hira, than when all things sue- ,
f ' ceed after your graces will and pleasure, nor
* less procuring his glory and honour ; then I
< suppose your grace did never any thing mure
* acceptable unto him, since your tirst govern-
' ance of this your realm. And moreover,
< your grace shall give unto him occasion to
< multiply and encreuse his graces and benefits
< unto your highness, as he did UHto his most
< faitliful servant Job ; unto whom, after his
' great calamities and heaviness, for hit obe-
< dient heart, and willing acceptation of Gods
' scourge and rod, Addidit ei Dominut cuncta
* duplicia. And if it be true, that is openly
' reported of the queens grace, if men had a
< right estimation of things, they should not
* esteem any part of your graces honour to be
* touched thereby, but her honoiir only to be
' clearly disparaged. And I am in such a per*
< plexity, that my mind is clean amaz<Hl. For
< 1 never had better opinion in woman, than I
< had in her; which maketh me to think, that
' she should not be culpable. And again, I
< think your higlmess would not have gon so
' far, except she had surely been culpable.
* Now I think that your grace best knoweth,
' that next unto your grace, I was most bound
* unto her of all creatures living. Wherefore I
' most humbly beseech your gnice, to suficr me
* in th;vt which both Gods law, nature, and also
' her kindness, bindcth me unto ; that is, that I
' may with your graces favour wish and pray
' for her, that she may declare her self incul*
* pable and innocent. And if she be found
' culpable, considering your graces goodness
' towards her, and from what condition your
* grace of your only meer goodness ti)ok her,
* and set the crown u|>on her head ; 1 repute
* him not your graces faithful servant and sub-
* ject, nor true imto the realm, that would not
* desire the offence without mercy to be pu-
' nished, to the example of all other. And as
* I loved her not a little, for the love which I
* judged her to bear towards (jod and his gos*
' pel; so if she be proved culpable, there is not
' one that loveth God and his gos<pci, that ever
' will favour her, but must hate her above all
' other; and the more tlioy favour the gospel,
' the more they will hate her : for then there
< was never creature in our time that so much
' slanderetl the go-pel. And God hath tent
' her thib punishment, for that she feignedly
' hath prniessed Lis •lospel in her mouth, and
' not in heart and di cl. And thouj^h she have
' otlcnded so, th:it she haih dt served never to
* be reconciled uiiti> vour iri"»r< •* favour; vet
' Almighty God hath manitoldly declared his
* goodness yjMir t;rnce, and never oiVended you.
* But your grare, 1 :im sure, kno\\led£!;eth that
* you have oifcndt-d linn. Wherefore 1 trust
' that your )!,r\\ro will bear no less entire favour
< unto the truth of the gospel, than you did bc-
* fore: forsomuch as vour irraccs fflv(jur to the
< gospel, was not led by alVectitm unto tier, but
* iiy xeal unto the truth. Au«l thus I beseech
' Almighty (iod, whose i^ospei he hath ordained
' yoi'r grace to be d« fender of, ever to preserve
* your lit ace from all e\il, and give you ut lU-
417] STATE TRIALS, 28 ITeniiy VIII. ]536.-''ando:hcrs,far High Treason. [41 J
' end the promise of his gospel. From Lam-
' becli, the Sd of May.
* After I hud written this K»tter unto your
' enicc, my lord chancellor, my lord of Oxibnl,
* my lord uf Sussex, and my lord chtimbcriain of
' jour graces house, sent for me to come unio
' the Star Chamber; and there declared unto
' me such things as your graces pleasure was
' they should make me privy unto. For the
' which I am most bounden unto your grace.
' And what communication \\c had together, 1
' doubt not but they will make the true report
* thereof unto your grace. I am exceedingly
* >-jrry, that such faults can be proved by the
* queen, as I heard of their relation. But I
' aiD, and ever shall be, your faithful subject,
* YfMir graces most humbfe subject, and chap-
* bin. T. Cantuariensis.'
Bat jealousy, and tlie king's new affection,
had quite defaced all the remainders of esteem
for his lute beloved queen. Yet the ministers
continued practising, to get further evidence
for the Trya! ; which was not brought on till
the 12th of May; and then Norris, Weston,
Brereton, and Smeton, were tryed by a com-
iDiMion of Oyer and Terminer in Westminster-
IMI. They were twice indicted, and the in-
dictments were found by two grand juries, in
the counties of Kent, and AJidJIesex; the
crimes with which they were charged, being
mid Co be done in both thc5c counties. Mark
iMneton confessed, he hnd kno\m the queen
carnally three times. The other three pleaded
* not guilty ;' but the jury, upon thg evidence
fbrmerlr mentioned, foimd them all Guilty;
andji]<^;ment was gi^'cn, that they should he
drann to the place of exccniion, and some of
tiic-ra to be hanged, others to he beheaded, and
all to be quartered, as gnilty of high treason.
Od the 15th of May, the c[ueen and her bru-
tier the lord Uochford (« ho was a peer, hav-
ing been made u viscount when his father was
Treated earl of Wiltshire) were brought to be
trjed by their peers ; the duke of Nortblk
beins lord high steward for that occasion.
Wi(h him sate the duke of SuiTolk, the niar-
(jUE» of Kxeter, the earl of Arund. I, and 27
more peers, of whom their father the earl of
Wiltshire was one. (a) Whether this unna-
tural complyance was imposed on him by the
iinperious king, or officiously submitted to by
I'iintelf, that he might thereby be preserved
from the ruin that fell on his family, is nut
known. Here the queen oi' England by an
unheard-of precedent was brought to the bar,
aod indicted of High Treason. The crimes
cl^arg'.d on her were, ' Tlmt she had pn^curecl
Ler brother and the other four to lye with lirr,
^liichtliey had done often; that she had s;iid
to them, that tlie king never had her iicarr, and
I'dd said to every une of them by tlicmscive?,
that «he loved them better than any person
(») This is a mistake. The quern's father
**s not one of Iter judges, as bishop Uurnet
Bcknowledces in another part of his work. See
Addend, to 1 Buru. Ucformuc. p. 36J.
V(»L. I.
I
VI hatsoever. Which was to the slander of the
idsue that was begutten bttwecii the king and
her.' And this was Treason, according to the
bCatute made in the 26iti yenr of this rci^u (so
that the law, that was made for her and the
issue of her marriage, is now made use of to
destroy her). It was also added in the indict-
ment, that she, and her complices, < had con-
spired the kings death;' but this it seems was
uniy put in to swell the charge, for if there had
been ^ny evidence for it, there was no need of
stretching the other statute, or if they could
have proved the violating of the queen, the
knotvn statute of the 25th year of the reign of
Edward 3, had been sufficient. When the In-
dictment was read, she held up her hand, and
pleaded Not Guilty, and so did her brother^
and did answer the evidence was brought
against her discreetly. One thing is remark-
able, that Murk Smeton, who was the only
person that confessed any thing, was never
confronted with the queen, nor was kept to be
an evidence against her ; tor he had received
his sentence three days before, and so could be
no witne«>s in law. But perhaps, though he
was wrought on to confc:>s, yet they did not
think he had confidence enough to aver it to
the queen's face. Therefore the evidence they
brought, as Spelman says, was the oath of a
woman that was dead, vet this, or rather the
terror of offending the king, so wrought on tlte
lords, that they found her and her brother
Guilty; and Judgment was given, that sl^e
should be burnt, or beheaded at the kings
pleiLsure. Upon which Spelman obser\-es, that
whereas burning i^ the de.tth which the law ap-
points for a woman that is attainted of Treason,
ret since she had been queen of England, they
cfc it to the king to dciennine, whether she
should dye so infamous a d(?athy or be beheaded.
But ti;e Judges complained of this way of pro-
ceeding, and said, such a di-.junctive in a judg-
ment of Treason, luul never been seen. The
lord linchford was also condi mued to he be-
hended and quartered. Yet all this did not
satisfy the enraged king, but the niarriage be-
tween him and her nmst be annulled, aiul the
issue illegitimated. Tin; king reinembred an
intrigue that had been between tier inifl the
earl oi'Xorthumberland, which \>as mentioned
in the former book ; and that he then lord
Pier(*y so id to the cardinal, ' That he had gone
so far before witnesses, that it lay upon his
consciencCj so that he could not go back.'
I'his, va like, might be some promise he
made to marry her, per verba dtfjuturo, which
thuu;;Ii il was no precontnict in itself, yet it
seems the poor queen was eitltcr so ignorant
or so ill-advised, as to I.e pers^^adL-d aftcr^vards
it was one ; though i'.s certain that nothing, but
a contract per verba dc pJdM nti^ coulil l.-e of
any foicc to nnnul tiie sub>('(]<ieut marrince.
The king and his comicii, ivliecting upon \\\\\\i
it st^uia the cardinal had told him, rcsolvt-d to
try what couhl lie made of it, and prcjsrd tho
earl of Norlhumhcihind to cMifi. i*'* .i conrrurt
between him and hci*. Put he to .!: hi? o^th
I
4T9] STATE TRIALS, 2S Henry VIII. l536,^TriaUqfSueenAnna BoJtyn, [420
before the two archbishops, that there was no
contract, nor promise of marriage ever between
ihem, and received the sacrament upon it, be-
fore the duke of Nortblk, and others of the
king's privy council ; wishing it n)ight be to his
dnniitation, if there was any sudi thing (con-
cerning which I have seen the original declara-
tion under iiis own hand). Nor could they
draw any confession from tlie queen, before
the Senience; for certainly if they could have
dune that, the divorce had gone before the
rryal ; and then she must have been tryed only
as marchioness u( Pembroke. But now slie
lying under so terrible a sentence, it is most
probable, tliat either some hopes of life were
giten her; or nt least, she was wrought on by
the assurances of mitigating that cruel partof her
Judgment, of being burnt, into the milder part
of the sentence, of * having her head cut of}';'
so that she confessed a pre-contract, and on
the 17th of May was brought to Lambeth :
and in court, the afflicted archbishop sitting
judge, some persons of quality bein^; present,
the confessed some just and lawful impedi-
ments ; by whieh it was e\'ident that her mar-
riage with the king was not valid. Upon which
Confession, her marriage between the king
and her was judged to have been null and void.
The Record of the Sentence is burnt ; but these
particolars are repeated in the Act that passed
in the next parliament, touching the Succession
to the Crown. It seems this was secretly done,
for Spehnan writes of it thus; It was said,
there was a divorce made between the king and
lier,upon her confessing a precontract with ano-
ther before her marriage ivith the king: so that it
was then only tnlkt of, but not generally known.
The two sentences that were past upon the
queen, the one of atUiinder for adultery, the
other of divorce because of a precontract, did
so contradict one another, that it was apparent,
one, if uol both,, of them must be unjust ; for if
the marriage between the khfig and her was
null from toe beginning, tlien since she was not
the kings wedded wife, there could be no
adultery ; and her marriage to the king was
either a true marriage, or not ; if it was' true,
tlien the annulling of it was unjust, and if it
«ras no true marriage, tlien the attainder was
unjust ; for there could be no breach of that
faitli which was ne^-er given : so that it is plain,
the king was resolved to be nd of her, and tr>
illegitimate her daughter, and in that transport
of his fury, did not consider that the very me-
thod he took, discovered the unjustice of his
proceedings against her. Two days after tliis,
she was ordered to be executed in the Green
on Tawer-IIill. How she received these
tidings, and how stedfast she continued in the
protestations of her innocence, will hest appear
by the following circumstances. T)»e day l>e-
fore she suffered, upon a strict search oV her
past life, slie called lo mind, that she had play-
ed the step-mother too severely to lady Mnrv,
and had done her many injuries. Upon which,
slie made the lieutenant of the Tower*s lady sit
(iowD iu the chair of state ; which tlie other,
after some ceremony, doing, she fell down on
her knces», and with many tears charged the
ludy, as she would answer it to God, to go in
her name, and do as she had done, to the lady
Mary, and ask her forgiveness for the wrongs
she had done her. And she said, she liad no
quiet in lier conscience, till she had done that.
But though she did in this what became a
Christian, the lady Mary could not so easily
pardon these injuries ; but retained the resent-
ments of them her whole life.
This ingenuity and tenderness of conscience
about lesser matters, is a great presum{>tion,
that if she had been guilty of more eminent
faults, she had not continued to tlie last deny-
ing them, and making protestations of her in-
nocency. For that same night she sent her
last message to the king, and acknowledged
her self much obliged to liim, that liad con-
tinued still to advance her. SUe said, he had,
from a private gentlevioman, first made lier a
marchioness, and then a queen ; and now,
since he could raise her no higher, was sending
her to be a saint in Heaven : she protested
iier innocence, and recommended her daughter
to his care. And her carriage tliat day she
died, will appear from the following Letter
wnt by the lieutenant of tlie Tower, copied
from the original, which I insert, because the
copier imployed by the lord Herbert has not
writ it out faithfully ; for I cannot think that
any part of it was lefl oat on design.
" Sir, These should be to advertise you, I
have received your letter, wherein you would
have strangers conveyed out of the Tower, and
so they be by the means of Richard Gressuui,
and William Cooke, and Wytspoll. But the
number of strangers past not tnirtv, and not
many of those armed ; and the ambassador of
the emperor had a servant there, and honestly
put out : Sir, if we have not an. hour certain,
as it may be known in London, I think here
will be but few, and I think a reasonable num-
ber were best, for I suppose she will declare
her self to be a good woman, for all men but
for the king, at the hour of her death. For
this morning she sent for me, that I miglit be
with her :(t such time as she received the good
Lord, to be intent I should hear her speoK as
touching her innocency alway to be clear.
And in the writing of this, she sent for me,
and at my coming she said : ' Mr. Kingston,
I hear say I shall not die a forenoon, and I am
verrv sorry therefore, for I thought to be dead
by tliis time, and past my pain. I told her, it
sliould be no pain, it was so sottle. And then
she said, I heard say the executioner was very
good, imd I have a little neck, and put her
hands about it, laughing heartily. 1 have
seen many men, and also women, executed ;
and that they have been in great sorrow, and
to my knowledge this Indy has much joy and
pleasure in death. Sir, her almoner is con-
tinually with her, and had been since two a
rlock after midnight. This i»lhe effect of any
( liing that is here at this time, and thus fart
you well; Yours, William Kingston.'*
421] STATE TRIALS, 28 Henry VIII. 1536 — and others, for High Tirasan. [422'
A little before nooDy being the 19th' of May,
sbe wus brought "to the scaffold, where she
made a short speech to a great company that
cune to look on Uie last scene of this fatal
tragedy : the chief of whom were the dukes of
Sutiblk and Richmond, the lord chancellor,
and secretary Cromwell, with tlie lurd mayor,
the sherifB and aldenncn of London. * .She
said, she was come to die, as ^he was judged
bytbeLnw; she ««ould accuse none, nor say
any thing of the ground upon wliicli she was
jodeed. She prayed heartily fur the king;
ana called him a most merciful and genUe
prince, and that he had been always to her a
good, gentle, sovereign lord, and if any
nuuld meddle with Ivar cause, she required
them to judge the best. And so she took
her leave of them, and of the world ;
and heartily desired they would pray fur
her.' After she had been some time in her
demotions, Iier last words bein^, * To Christ
I commend my soul ;' her lieaci was cut otf by
the hangman of Calais, who was brought over
ai more expert at lieheading than any in
England : her eyes and lips were obser>'ed to
move after her jfiead was cat off, as Spehuan
writes ; but her lK)dy was thrown into a com-
mon chest of elm-tree that wab made to put
nrrowt in, and was buried in the cluippel
witiiin the Tower l>efore twelve a clock.
Her brotlier with the other four did also
suffer ; none of ihem were quartered, but they
were all beheaded, except Smeton, who was
hanged. It was generally said, that he was
corrupted into that conft'ssion, and had his
life promi^d him ; but it was not fit to let
him live to tell tales. N orris had been much
ill tlie king's favour, and an offer was made him
of his life, if lie would confess his cuilt, and
accuse the queen. But he generously rejected
that un-handsom proposition, and said, * That
in his conscience he thought her innocent of
these things laid to her charge ; but whether
ibe was or not, be would not accuse her of
aay thing, and he would die a thousand times,
rather than ruin an innocent person.'
These proceedings occasioned as ^re:it va-
riety of censures, as there were diversity of iii-
teretta. The popish party said, the justice of
God was visible, that she who had supplanted
queen Catherine, met w ith tlie like, and harder
measure, by the same means. Some took no-
tice of her faint justifying her self on the scaf-
fuld, as if her conscience had then prevailed so
&r, tliat she could no longer deny a thing, for
which ftlie was so soon to answer at another
tribunal. But others thought her care of her
daughter made her speak so tenderly ; for she
h-ul obser\'ed, that queen Catherincn obstinacy
hid drawn the kings indignation on her daugh-
ter ; and therefore that she alone might hear
htr misfortunes, and derive no share of iheni
on her daughter, she spake in a stile, that could
give tlie king no just offence : and ns she said
cnoogh to jiistifie her self, so she said as much
for the kings honour, as could be expected.
Vet in a letter that she wrote to the king from
the Tower, (which will be found in the Collec-
tion,) she pleaded her innocence, in a strain (»f
so much M'it, and moving passionate eloquence,
as perhaps can scarce \ui parrulleled: certainly
her spirits were much exalted when she wrote
it, for it is a pitch above her ordinary stile.
Yet the Copy I take it from, lying among
Cromwell's other Papers, males me believe it
wuA truly written by her.
Her carriage seemed loo free, and all people
thought that some freedoms and levities in her
had encouraged tliose unfortunate persons to
speak such bold things to her, since few attempt
upon the chastity, or make declarations of love,
to persons of so exalted a quality, except they
see some inviuiiions, at least in tlieir carriage.
Others ihouglit that a free and jovial temper
might, witl) great iniKicenre, though with no dis-
cretion, leacTone to all those things that were
proved neainst her; and therefore they conclu-
ded her chaste, though indiscreet. Others blam-
ed the king, and taxed his cruelty in proceed-
ing so severely against a person whose chastity
he had reason to be assured of, since she had
r(*sisted his addresses near five years, till he le-
gitimated them by marriage, but others ex-
cused him. It is certain her carriage had
given jiut cause of some jealousie, and that
being the rage of a man, it was no wonder if a
king of his temper, concei\ ing it against one
whom he had so signally obliged, was trans-
ported into unjustifiable excesses.— -Otliers con-
demned Cranmer, as a man that obsequiously
followed all the king*s appetites ; and that he
had now divorced the king a second time, which
shewed that liis conscience was governed by the
king's pleasure as his supreme law. But what
he did was unavoidable. For whatever motixt-s
drew from her thi* confession of that precon-
tract, he was obliged to give sentence upon it :
and tliat which she confessed, being such as
made tier incapable to contract marriage with
the king, lie could not decline the giving of sen-
tence upon to formal a confession. Some loaded
all that favoured the Iteformation : aud said^ It
now appeared what a woman their great patro-
ness and supporter had been. But to tliose il
was answered. That her faults, if true, being
secret, could cast iio rejection on those, who
being ignorant of them, made use of her pro-
tection. And the church of Rome thought not
their cause suffered by the enraged cruelty and
ambition of the cursed Irene, who had convened
the bccond council of Nice, and set up the wr>r-
ship of images again in the east; whom the
Popc*s continued to cfcnirt and magnifie, after
her barbarous niurdrr i>f her son, with other a<'is
of unsalinted spite and uinb.tion. Tht-rt'tore
they had no reai»on to think the worse of per-
sons for claiming the protection of a (luccn,
whose faults (if slie was at all criminal,; wore
unknown to tliein when they made use of her.
Some ha\c since that time concluded it a
great cvideiue of her guilt, that during her
daughter's loiij; and };lori<uis reitin, there was no
full nor complcut vindication of her publinhed.
For the writci'^ of that time tliou<'ht it tnouuh
I
423] STATE TRIALS, 28 Henry VIII. 1 ys6.—Truds of Suecn Anna Boleyn, [42 V
to speak honourably of her; and in general, to
call her innocenr, but none of theui ever at-
tempted a clear discussion of the particulars
laid to her charge. This hud been much to her
daughter^ honour, and therefore, since it was
not done, others conclurled it could not be done ;
and that their knowledge of her guilt restrained
their pens. But others do not at all allow of
that inference, and think rather, thai it was the
great vvibdom of thai time not to suffer such
ti)iiii;s to be called in que.stion ; since no wise
govenimcnt will admit of a debute about the
clearness of the princes title. For the very at-
tempting to prove it weakens it more, than any
of the proofs that are brought can confirm it ;
therefore it was prudently done of that queen
and htr great ministers, never to suffer any vin-
dication or apology to be written. Some indis-
cretions cnuld not be denied, and these wuuld
nil have been catched hold of, and improved by
the busie emissaries of Rome and Spain.
Extract from 3 Burn, Hffonnat, p. 118.
The tragedy of queen Anne f«>Ilowcd soon
after tliis: it broke out on the first of May
153(3, but it seems it was concerted before; for
a parliament was summoned, at least the writs
were tested the 27th of A^n\ before, lliere
is a long accoant of her suflcrings given by
Meteren, in that excellent History that he
wrote of the V/ars in the Netherlands,
which he took from a full relation of it, given
by a French gentleman, Crispin, who was
then in London, and as Meteren relates the
matter, wDte without partiality. He begins
it thus: " There was a gentleman who blamed
his sister for some lightness that appeared
in her behuviour, she said the queen did more
than she did ; for ^he admitted some of her
court to come into her chiimber at undue hours:
and named the lord Uochford, Norm, Weston,
Brereton, and Soieton the musician : and she
said to her brother, that Smctoo coultl tell ntuch
more: all this was carried to the king." — When
the matter broke out on the first of May, the
king who loved Nonis, sent for him, and said,
if he would confess those things wiih which the
queen was charged, he should neither snfl'er in
his person, nor his e>tate ; nor so niitch as be
put in prison : but if he did not confess, and
were found Ruiliy, lie should sufler the extre-
mity of the law. Norris answered, he would
much rather die than be guilty of such falshood :
that it was all false, wliiuh he was rca.ly to jus-
tify in a combat against any perse n whatso-
ever; si> he was sent with the rest to the
Tower: the confesr^ion of Sintton w;is all that
was brought against the (pieen : he, as was
believed, was prevailed on to accuse her: yet
he was condemned i: oatrary to the promise that
had been made him : but it was pretended that
his crime was, that iic had told hi^ suspicions to
other>, and not to the king : and \\ hen it tva^
aitedged that one witness was not sutTicicnt, it
was answered that it was sufHcient. He adds,
that the queen was tryed in the Tower ; and
that slie defended her bonuiur^ aud uodesty^ in
such a way, as to soflen the king (for she knew
his temper) by such humble deportment, to
favour her daughter. She was brought to her
trial without iiaving any advocate allowed her ;
having none but her maids about her. A chair
was set for her, and she looked to all her judges
with a chearful countenance, as she made her
curtsies to them, without any fear: she behaved
herself as if she had been still queen : she spoke
not much in her own defence ; but the mo-
desty of her countenance pleaded her inno-
cence, much more than the defence that she
made ; so that all who saw or heard her, be-
lieved her innocent. Both the magistrates of
London, and several others who were there,
said, they saw no evidence against her ; only
it appeared, that they were resolved to be rid
of her.
She was made to lay aside all the characters
of her dignity : which she did willingly ; but
still protected her innocence. When she heard
the Sentence, that she was to be belieadcd,
or burnt, she was not terrified ; but lifted
up her hands to God, and said, ' O Fatlier!
* O Creator ! Thou, who art the way, the
' truth, and the life ; thou knowest that I
*■ have not desened this death.' And turning
herself to her Judges, (her uncle, tlie duke
of Norfolk, being the lord high steward)
she said, * My lurds, I will not say that
< your sentence is unjust ; nor presume, that
' my opinion ought to be preferred to the judg-
' inent of you all. 1 belie\'e you hav(^ reasons.
' and occasions of suspicion and je:dou9y, upon
' which you have condemned me : but they
' must be other, than those tliat have been
' produced here in court ; for I am entirely in-
' nocent of all the^e accusations; so that I
* cannot ask pardon of (>od for them. I have
' been always a faithful and loyal wife to the
' king. I have not, perhaps, at ail times Khiwed
*• him that humility and reverence, that his
' goodness to me, and the honour to which be
* raised me, did deserve. I confess, I have had
* fancies and suspicitms of him, which I had
' not strength nor discretion enough to manage :
' but God knows, and is my witness, that I
* never failed otherwise towards him : and I
' shall never confess any other, at the hour of
* my death. Do not think that I say this, on
' design to prolong my life : God has taught me
' to know how to die; and he will fortify my
* f lith. Do not think that I \\m so carried in
' my mind, as not to lay the honour of my
' chastity to heart ; of which I should make
' small account now in my extremity, if 1 had
' not maintained it my whole life long, as much
' a? ever queen did. I know, these my last
' words tvill signify nothing, but to justice my
' honour and my chastity. As for my brother^
' and those others, who are unjustly coo-
' dcmned, 1 would willingly suffer many deaths,
< to deliver them : but sine^e I hee it so pleases
< the king, I nmst uiilingly bear with their
' death, and shall accompany tliem in deathp
' with this assurance, that I shall lead an end-
< less life with them iu peace.' She udd all tbi%
425] STATE TRIADS, 2b Hexry VIII. 1536 and others, for High Tttason. [120
aud a great deal more : and then, with n mo-
dest air, sbe rose up, and took leave of them
all. Her brother, uiid the other gentlemen,
weie eiecuted first. *' He exhorted those who
suffered with him, to die without fear ; and said
to those that were about him, that he came to
die, since it ivas the king's pleasure that it
should be so. He exhorted all persons, not to
trust to courts, states, and kin^s, but in Gud
onlj. lie had deserved a heavier puniblimeiit
for his other sins ; but not from the ting, nhom
be bad never offudded. Yet he pra)rcd God to
give bim a long, and a good life. \Viih him,
ill the rest suffered a death, which they had no
way deserved. Mark Smeton only confessed,
be bad deserved well to die : which gave occa-
lion to many reflections. When the queen
heard bow her brother and the other gentlemen
had suffered, and had sealed her mnocence
with their own blood ; but that Mark h:id con-
ieued, be deserved to die; she broke out into
some passion, and said ; * Has he not then
cleared meof tbatjpublick shame he has brought
me to ? Alas ! I fear his soul suffers for it, and
that lie is now punished for his false accusation.
But for my brother, and those others, I doubt
ii'Jt, but tliey are no^ in the presence of that
Great King, before whom 1 am to be to-
morrow.' "
It seems, that gentleman knew nothing of
d»e judgment Uiat pasti,ed at Lambeth, an-
nulling the marriage : for it was transacted
secretly. It could have no foundation or co-
lour, but from that story mentioned in Caven-
dish's Life of Woltey, of the lord Percy's ad-
drestses to her. He was now examined upon
that: but it will appear from his letter to
Cromwell, that he solemnly purged both him-
Mrlf and ber, from any precontract ; bein^; exa-
oioed upon oath by the two archbishops : and
that he received the sacrament upon it, before
the duke of Norfolk, and some of the king*s
council that were learned in the spiritual law ;
assoring them by bis oath, and by tfie sncra-
aent that he had received, and intended to
receive, that there was never any contract, or
promise of marriage, between ber and him.
This be wrote on the 13ih of May, four days
before the queen's execution ; which will be
(bond in the collection. This shews plainly,
Uiat sbe was prevailed on, between fear and
hope, to confess a precontract, the person not
beinc named.
The French gentleman gives the same ac-
count of tbe manner of her death, and of her
iMcchy that all the other writers of that time
<n. ** Wlien she was brought to the place of
esccution, wiiliin the Tower, he says, her looks
were chearful ; and she never appeared more
beaotifbly than at that time. Sh« said to those
thoot her. Be not sorry to see me die thus ;
Int pardon me from your hearts, that I have
aot expressed to all about me, that mildness
that became me ; and tliat I have not done
that good, that was iu my power to do. She
pnjH for those who were the procurers of her
mh. Ttoi, with the aid of her maids, she
undressed her neck with great courage, and so
ended her days."
This long recital I have translated out of
Meteren ; for I do not find it taken notice of
by any of our writers. I lc;ivc it thus, without
any other reflections upon it, but that itsceuib all
over credible. Thevct, a Franciscan fryar, wIki
for 17 or 18 years, had wiuidercd up aud down
Europe, to prepare materials for his Cosmo-
graphy, (which he published in the }cur 15ci3,)
Siiys, tliat many English gentlemen assured him,
that king Henry expressed greiit repentance
of his sins, being at the point of death; and
among otiier things, of the injury and the crime
conmiitted against queen Anne Boleyn, who
was falsly accused, and convicted of that which
was laid to her charge. It is true, Thuanus
has very much disgraced that writer, as a vain
and ignorant plagiary : but he having been of
tiie order that suflered so much for their adhc-r-
ing to queen Catherine, is not to be suspected
of partiality for queen Anne. We must leave
those secrets to the great day.
The Earl of Northumberland's Letter to Crofn^
ucil, denizing any Contract, or Promise of
JManiage, Ifetween Quecfi Anne and himself,
* Mr. Secretary, this shall lie to signifie unto
' you, that I perceyve by sir Raynold Carnaby,
' that there is supposed a precontract between
< the queen and mc; whereupon I was not only
* heretofore examined upon my oath before the
' archbishopps of Canterbury and York, but
' also received the blessed sacrament upon the
*• same before the duke of Norfolk, and other
* tlie king's highnes council learned in the spi-
* ritnall law ; assuring you, Mr. Secretary, by
*' tlie said oath, and blessed bodv which aifore J
' received, and hereafter intend to receive,
' that the same may be to my dnnmntion, if
* ever there were any contracte, or pron)x«e of
'marriage between her and me. At Ncwyng-
* ton-Grccn, the xiijth day of Maye, in the
* 28ch year of the reigne of our soveruignc lord
* king ilcnry the 8th. Your assured.
* NomHUMBEKLAND.'
Queen Ann Boleyn* s last Letter to king Ilcnry,
* Sir; Your grace's displeasure, and my im-
* prisonment, arc thini;s so strange unto me, as
* what to write, or what to excuse, I am alto-
* gether ignorant. Whereas you .send unto me
* (willing me to confess a truth, and so obtain
* your favour) by such an one uhom you know
< to be mine antient professed encuiy ; 1 no
' sooner received this message by him, than I
* rightly conceived your nu*imin<; ; and if, as
< you say, conlessing a truth indeed may
' pn)curc my safety, I shall with all willing-
' ness and duty perform y>)ur command. —
* Ijut let not your grace ever imagine that
' your poor wife will ever be brou^iht to ar-
< knowledge a fuult, where not an much as a
* thought thereof piereded. And ro speak :i
* truth, never prince htd wite iTiore h>\al in all
' duty, and in all true atfection, than v »ii have
* ever fgund in Ann Doleyn, with wliich nanu-
427] STATE TRIALS, 28 Henry VIII. 1536.— 7rw/» qf Qum Ama Bohyn, [428
< and place I could willingly have contented
' my self, if God and your grace's pleasure had
* been so pleased. Neither did I at «ny time
' so far forget my self in my exaltation, or re-
' ceived (|ueen&liip, but that I olwayes looked
* for such an alteration as now I And ; for the
' ground of my preferment being on no surer
* foundation than your grace's fancy, the leabl
< alteration, I knew, was fit and sulhcient to
< draw that fancy to some other subject. You
< have cliosen me, from a low estate, to be
« your queen and companion, far beyond my
« desert or desire. If then you found me wor*
< thy of such honour, good your grace let not
€ any light fancy, or bad counsel of mine ene-
i mies, withdraw your princely favour from me ;
( neither let that stain, that unwortliy stain of
c a disloyal heart towards your goo<l grace,
< ever cast so foul a blot on your most dutiful
c wif<^, and the infant princess your daughter :
< try me, good king, but let me have a lawful
( trial, and let not my sworn enemies sit as my
« accusers and judges; yea, let me receive an
( open trial, for my truth shall fear no open
( shame ; then shall you see, either mine iniio-
< cency cleared, your suspicion and conscience
< satished, the ignonimy and slunderof the world
i stopped, or my guilt openly declared. So
< that whatsoever God or you may determine
< of me, your grace may be freed frOm an open
€ censure ; and mine offence being so lawfully
t proved, your grace is at liberty, both before
< God and man, not only to execute worthy
c punishment on me as an unlawful wife, but to
t follow your affection, already settled on that
( party, for whose sake I am now as I am,
« whose name I could some good while since
< have pointed unto ; your grace bein^ not ig-
« norant of my suspicion therein. — But if you
i have already determined of me, and that not
( only my death, but an infamous slander must
< bring you the enjoying of your desired happi-
•^ ness ; then I de^re of God, that he ^ill pur-
< don your great sin therein, and likewise mine
Extract from Strype's Memoriab, vol, 1. p. 979.
This year, (153G) in the month of May, aueen
Anne Boleyn was beheaded: a great triend
and patroness of the reformed religion. She
was very nobly charitable, and expended largely
in all manner of acts of liberality, according to
her higli quality. And among the rest of her
wa^s of shewing this Christian virtue, she being
a favourer of learnings together with her father,
the lord Wiltshire, and the lord Rochford, her
brother, maintained divers ingenious men at
the universities. Among the rest, were these
men of note, Dr. Hethe, afterward archbishop
'of York, and lord chancellor; Dr. Thiriby,
afterward bishop of Ely ; and Mr. Paget, after^
ward lord Pager, ^and secretary of state : all
which in her time were favourers of the Gos-
pel, tliough afterwards they relapsed. Of Paget
one hath observed, that he was a most earnest
Protestant, and being in Cambridge, gave unto
one Raynold West, LutherV book, and otlier
books of the Germans, as Franciscus Lamber-
tus de Sectirt : and that, at that time he read
Melancthon's rhetorick openly in Trinity-hall ;
and was a maincainer of Dr. Barnes, and all
the Protestants then in Cambridge, and helped
many religious persons out of their cowles.
This queen was also a great favourer of those
that suffered for religion. Let tliis Letter en-
suing, writ by her to Crumwel, stand upon re-
cord here, shewing Iwth her love to such suf-
ferers, and her high esteem of the word of God.
B^ the Queen,
* Anne the Queen. Trusty and right welt
* beloved, wee greet you well. And whereas,
* we be credibly enformed, that the bearer
' hereof, Rychurd Herman, merchant, and citi-
' zen of Antwerp in Brabant, was, in tlie time
' of the late hird cardinal, put and expelled
' from his freedom and fellowship of and in the
* English-House there, for nothing else, as he
* affirmeth, not only for that, that he did, both
* with his goods and policy* to his great hurt
' and hindrance in this world, help to the set-
' ting forth of tlie New Testament in English.
< Wee therefore desire and instantly pray you,
< tliat with all speed and favour convenient, ye
< woll 'Cause this good and honest merchiint,
* being my lords true, faithful and loving snb-
' ject, to be restored to his pristin freedom,
' liberty and fellowship aforesaid. And the
' sooner at this our request: and at your good
' plesure to hear him in such thinp as he hath
* to make further relation unto you in this be-
' half. Yeven under our signet, at my lord's
* manuor of Grenewich, tlic 14 day of May.'
Such a material piece of history in the king's
reign, besides what is written by our historians,
may deserve divers particular remarks to be
< enemies, the instruments thereof; and that
< he Will not call you to a strict nccuunt for
t your unprincely mid cruel usage of mc, at his
< general J »dgnient-s>eut, where both you and
< my self must shoitly appear, and in whose
< judgment 1 doubt not, (whatsoever the world
* may think of nic) mine innocence shall be
« openly knwwn, and sulhcieutly clearcxl. — Mv
< last and only rer|uest shall lie, tliat my self
* may only bear the burthen of your gr:ice's
< displeasure, and that it may not touch the in-
* noceut souls of those poor gentlemen, who,
< as I undersiumi, are likewise in strait impri-
< sonment tor my sake. If ever 1 have found
< favour in your sight, if ever the name of Ann
* Boleyn hath Ikhjo pleasing in your ears, tlien
< let me (»btain this request; and 1 will so leave \ shewn, concerning this queen's behaviour and
to trouble your grace any further, with mine
• earnest prayers to the Trinity to have your
< gnice in his good keeping, and to direct you
< m all your actions. From my doleful prison
* in the Tower, this 6th of May. Your most
< lo^ and ever faithful wife, A>n Bolly>\*
her speeches, from tlie time of her commitment
to the Tower, to her execution. Which I am
enabled to give from five or sii letters of sir
William Kyngston, constable, or (as others)
lieutenant, of the Tow^r, to secretary Cmm-
wcl. And I do it the rather, to represent
42»] STATE TRIALS, 28 Henry VIII. IBSG.—and others, for High Treason. [tSo
matters concerning this queen in her nfflictions
the more largely, eiLacily and distinctly; which
bUliop Burnet hath set down from the suine
papers, more briefly and imperfectly. And
perhaps upon the reading of v» hat follows, some
things which that reverend author attributes to
6ts and vapours in the queen, may find a better,
and truer interpretation. The lord Herbert
also has given us only some short hints of these
things.
A^cr the duke of Norfolk, and some other
of the kings council who had conducted queen
Anne to the To.wer (which was on the iid of
May) were departed, the said constable of the
Tower went before her into her lodf^ing. And
then she said to him, * Mr, Kyngston, shall 1
go into a dungeon V he answered her. No,
madam ; you shall go into your lodging, that
you lay in at your coronation. Upon which
»he said. It is too good for me. And further
Slid, ' Jesu ! have mercy on me.' And then
kneeled down, weeping a great pace. And in
the same sorrow fell into a great laughing.
And so she did several times afterwards. Then
she desired Mr. Kyngston, to move the king's
highness that she might have the sacrament in
the closet by her chamber, that she might pray
for mercy. ' For I am as clear,' said she, * from
the company of man, as for sin, as I am clear
from you :' and again, ' the king's true t^eddcd
wife.' And then she said, ' Mr. Kyngston, do
vou know wherefore I am here ?' and he said,
\'ay. And then she asked him, when he saw
tlje king ? lie said, not since he saw him in the
Tilt- Yard, [which was but the day before at
Oceenwicb, when he seemed first to take a
displeasure against her.] And then she asked
him, I prav you tell me, wh^re my lord my
iatl;er is. lie told her, he saw him afore din-
ner in the court. O ! where is my sweet bro-
ther? (for she feared the king's displeasure
Sf^ost her, would reach unto all her relations,)
Kingston replyed, I left him at York-place :
thinking it convenient to conceal it from her,
though be was committed the same day. I
kear say, said she, that 1 shall be accused by
three men. And I can say no more but, Nay :
though you should open my body ; and there-
with she opened her gown. Adding, O ! Nor-
ris, hast tliou accuMd me? thou art in the
Tower with me. And thou and I shall die
togetlier. And Mark, [another that accused
her] thou art here4oo. And then with much
compassion she said, O ! my mother, thou
«ilt die with sorrow. And then she much la-
mented my lady Worcester (being with child)
because ber cliild did not stir in her body. And
ivhan the constable's wife, being present, asked,
what might be tlie cause, she said, It was for
the sorrow sbe took for me.
Then sbo said, Mr. Kyngston, shall I die
^nthout justice ? to which he resolved, 'Hie
poorest subject the king had, had justice. And
therewith sbe langbed. All thc^e sayings hap-
pened that nifht. The next morning in con-
verwiion, with her, these speeches lutppencd ;
Kitted by lir W. Kyngston, in his ioresaid
letter. Mrs. Cosins, a gentlewoman appointed
to wait upon the queen here, and that lay on
her palate bed, said, that Norris (one of those
that were accused about her) did say on Satur-
day last unto the queen's amner, that he would
swear for the queen, that slie was a good
woman. And then the said gentlewoman added,
speaking lo the queen, [as minding to enquire
of her concerning the occasion of her present
trouhlcj Madam, why should there be any such
mutters spoken of .^ Marry, said the queen, I
bade him do so. For I asked him, uhy he
did not go through with his murriuge [^with
some lady, it seems, Norris courted]. And he
made answer, he would tarry a time. Then
said she. You look for dead men's shoes. For
if ought should come to the king, but good, you
would look to have me. Then he said, If he
should have any such thought, he would his
head were off. And then she said, she could
undo him, if she would. And therewith they
fell out.
And then she said, I more fear Weston
[another thnt was cast into the Tower about
tier business.] For Weston had said unto her,
that Norris came more unto her chamber for
her, than he did for Mage [the name, I suppose,
of one of the queen's maids, that he courted.]
And further, Kyngston related another saying,
which the queen spake to him concerning Wes-
ton, [whom also she had sometimes talk with,
coming often in her way ; which might create
a jealousy concerning him.] That she liad
spoke with him, because he did love her kins-
woman, Mrs. Skelton. And said to him, that
he loved not his wife [spoken by way of re-
proof.] And he made answer to her again,
that he loved one in her house belter than
them both. And the queen said. Who is tliat?
he gave this answer. It is yourself. And then
she defied him, as she said to Kyngston [in
scorne and displeasure, as reflecting upon her
honour, undoubtedly]. These passages be-
tween the queen and them, was the cause of all
their deaths ; coming some way or other to tho
jealous king's ears. For she, being of a free
and courteous nature, would exchange words
sometimes, and enter into some talk with such
as she met in the court ; and with these gen-
tlemen, who were of the privy chamber : and
so happened ottcn to come where she was.
And some (if their discourse happened to be
brought to the king by some officious person,
that owed her no good will.
In another Letter to secretary Crumwel, he
wrote these passages concerning the said queen :
That she much dcbircd to have there in her
closet the sacrnmcnt ; and al«o her amner for
one hour, when she was determined to die
[that is, to suffer death.] After an examina-
tion of her at Greenwich, before some of the
council, the said Kvniiston sent for his wife
and Mrs. Covins (who both were appomred to
be aluays »it'i her) to know of them, how she
had done thai day. They said, ahc had been very
merry, and mado a good dinner : and after, call-
ed fur a supper. And then called for him,
431] STATE TRIALS, 2S Henry VIIL \ 5 3 G.— Proceedings against the [432
nnd asked him, where he had been all duv. And
oiler some words, she began to talk, luul s:iid,
£he was cruelly handled ac Greenwich with (he
king*s council : namely, with my l«rd of Nor-
folk [who was indeed her enemy.] And that
he s'lid, [to \Nhiit she had spol:en, as it seems
ill her own defence] • Tut, tut, tut;' and shak-
ing his head three or i:iur times. And as for
Mr. Treasurer, he was, said she, in the forest
of Windsor. You know, added the writer of
the Ktter, what she meant by that. And then
named Mr. Comptroller (another of the eoun-
cil) to be a very gentleman. But she to be a
queen, and so cruelly handled, it was never
^ seen. ' But I think the kine doth it to prove
^ me.' And then laughed withal : and was very
mcrr}\ And then she said, 1 shall have ju^
tice. Then said the constable. Have no doubt
therein. Tlien she said. If any man accuse
me, I can say but nay. And they can bring no
ivitness.
And in some communication with the lady
Kyngston and Mrs. Cosins, I would to God,
said she, I had my bishops. For they would
all go to the king for me. For I think the
most part of England prayeth for roe. And if
I die, you shall see the greatest punishment for
me within this seven years, that ever came to
England. [This she spake no doubt in the
confidence of her innoc^ncy; and God*s riglit-
eous and visible judgments for the most part,
for shedding innocent blood. And indeed
within the seventh year following, happened a
dreadful pestilence in London, r.nd many com-
motions and insurrections to the end of tliis
reign, j * And then,' said she, ' shall I be in
Heaven. For I have done man^ good deeds
in my days.' Then she took notice of divers
women set about her, that she liked not ; say-
ing, I think much unkindness in the king to put
such at)out me, as I never loved. Then Kyngs-
ton shewed her, that the king took them to be
honest and good women. But I would have
hud of my own privy cliamber, replyed she,
which I favour most, &c.
In another Letter of Kyngston to Crtunwel,
he relates, how she desired of him to carry a
ietter to the said Crumwel [of whose friendship
she had a belief.! But he (it seems not think-
ing it safe for him to carry letters from her)
said to her, that if she would tell it him by
mouth, he would do it. For which she gave
him thanks : and added, that she much mar-
velled, that the king's council came not to her,
as seeming to be ready to justify her self. The
same day she said, we should have no rain, till
fche was delivered out of the Tower : it heing
n season that wanted rain : [thinking probably
that God (who takes care ot innocency) would
vindicate her, by giving, or wit' lolding tlic
clouds of Heaven.] To which Kynpston re-
plied, I p^y, it may be shortly, because of the
fair weather : adding, you know what 1 mean
[that is, the king's reconciliation to her].
Other occasional speeches of hert>, were
these. She said concerning such women n»
was set about her. That the king wist what he
did, when he put two such about her, as my
latly Boleyn, and Mr-). Cosins. For they could
tell her nothing of my loni, her father, and no-
thin; cUc. But that sue defied them all.
[Mcanint; any about her whosoever, to be able
to charge her v\ith any dishonourable act]
But theu upon this, my lady Boleyn [her kins-
woman] said to her, 8uch desire' as you have
had to suL'h tales, [tale-carriers or tellers, as
some perhaps of her women were] have brought
you to this. Then said Mrs. Stoncr, [another
gentlewoman about her] Mark ISmecon, the
musician, another committed to tne Tower, an
accuser of the queen] is the worst cherished of
any in the house. For he wearetli irons. The
queen said, that was because he was no geiitli-
raan. And he never was at my chamber;
[and so could know less, she meant, than any,
what was done by her, or any with her there]
but at Winchester, and there she sent for him,
to play on the virginals : for there my lodging
was above the king's. And I never spake with
him since, but upon Saturday before May day
[that fatal day, when the king first conceived
his jealousy.] And then I found him standing
in the round window in my chamber of pre-
sence. And I asked him, why he was so sad.
And he answered and said, it was no matter.
And then she said. You may not look to have
me speak to you as I would do to a nobleman :
because ye be an inferior person. No, no,
said he, a look sufficeth me : and thus fare you
well. This shews him to be some haughty
person; nnd thought the queen gave him not
respect enough. And so might take thi> op-
portunity to humble her ; and re\ enge himself
by this means on her : not thinking it would
cost him his own life.
Another letter of sir William Kyngston to
Crumwel, giving an account of this queen's be-
haviour at her execution, is published in the
History of the Reformation, which began thus ;
' Sir, this shall be to advertise you, that I have
* received your letter ; wherein you would have
* strangers conveyed out of the tower. And
* so they be, by the means of Richard Greshain,
* and William Loke, and Withepole. But the
' number of strangers past not thirty; and not
* many ^lothe [other. J' ' Armed' is added in
the said History, which word is not in the ori-
ginal letter. Other mistakes there, this more
exact transcription will rectify thus far in the
Ixttcr. Another Letter of hers to the king,
beginning, * Sir, your grace's displeasure/ &c.
(p. 4'26), is published in the said History. But
this passage following wrote at the end of her
Letter, I think wortliy to be transcribed, and
set here, the reverend author of that book re*
lating it imperfectly, vi/. The king sending a
in('s>agc to the (lucin Anne, being prisoner in
the Tower ; willing; her to confess the truth,
i>he said, * She c(»uld confess no more, then slie
' hud already spoken. And she said, she must
' conceal not hint; from the king, to whom she
* did acknowledge her self so much bound for
* many favours: fur raising her first from a
' mean woman to be a Marquess; next to be
♦33] STATE TRIALS, 33 Henry VIII. IS-^l.—tke Earl qfEssex, for Trcasm. [^3i
' }iia queen. And now, teeing he could bestow
' iiu further honour upon her on earth, for pur-
' posing to make hrr, by mnrtyrtlom, a saint in
' lleuTen.' — I add one remark more concerning
this queen : that at this time of her bein^ in
the Tower, a former charge was revived against
her : namelj, the contract of marriage between
her And the present earl of >iorthuml>erland,
before her marrying with the king: designing,
if they coold prove this, to make her former
marriage with the king unlawful and void ; and
to maKe the unoother way for his marrying
with the lady Jane. But whatsoever the af-
flicted queen confessed to save her life, or to
change the way of her execution, from burning
to beheading, that there never w»s any such
precontract, tlie said earl protected solemnly
m a letter to secretary Crumwel : who it seems
had now desired to know the truth from him-
self. Therein telling him, how he had formerly
before the two archbishops, viz. Warham and
Wolsey, utterly denied it upon his oath, and
the receiving of the sacrament : so he now
confirmed it in this letter. See further Fuller^
Church Hist, book 5, p. 206, 207.
34. Proceedings against Thomas Cromwell, earl of Essex, for
Treason: 33 Hen. VIII. a. d. 1541. [2 Kennelt's Compl.
Hist. 222. 2 Fox's Acts and IMonum. 512. 1 Cobb. Pari.
Hist 544.]
That beauty and attraclion'which should
take the kings eye in Anne of Clcvc, not ap-
pearincy nor tluit conversation which should
please liis ear ; and her brother bcf^ides excus-
ing himself in the pertbrmance of some Arti-
cles of the Treaty, he did more willingly think
of a Divorce ; for which purpose, the pre-con-
tract with the duke of Lorain's son was chiefly
pretended. For though Oleslcger, chancellor
of Cleves, had according to his promise, 26
Feh. 1540, procured an Instrument in writing
out of the Records of Dusseldorp, dated Feb.
15, 1535, testifying the Sponsaiia heretofore
made by the parents betwixt the duke of
I/)rain's son, and the lady Anne, should not
take effect. Yet this it seems either was not
shewed, or did not satisHe our king. IIowso-
crer it was not deposited in Archivis Regiis,
but found among Cromwcl's Papers after his
apprehension. And now altliough all scruples
seemed the more considerable, in that so many
doubts liad been already cast concerning the
kiags former Marriages, yet the kin^ determin-
ed at what price soe>'er to separate himself
from Anne oi Clove, and toi^cther to mine
Cromwel. For though he had not long before
made him knight of the Garter, etirl of Essex,
and high chamberlain of England, yet as he
was odious by reason of his low birth to all the
nobility, and liated particularly by Stephen
Gardiner, and the Roman catholics, for having
operated so much in the dissolution of Abbics ;
and that the lleftirniers themselves found he
ccMild not protect them from burning; and last-
ly, that besides a Subsidy that the clergy gave
of 4s. in the |)Otmd, he hud gotten in the pre-
KQt parliament, not with>>ut nmch reluctation,
use tenth, and one fifteen parts of uU lay-
neas goods ; he was universally hated : which
our king Oinstderiog, and having besides divers
Articles brought against him, he now judged
him no longer necesinry : tlierefore he fsnvc
way to all his enemies accusations ; which
ojuU not but be material ; it being impossible
VOL. I.
tliat any man, who medlcd so much in great
and public affairs, should nut in diver? kinds
so mistake, forget, and err, as to incur tht; note
of a criminal, when severe inquibiiion were
made against him. And now the king caused
Cromwel, to be arrested at the Counctl-Table
by the duke of Norfolk, when he least suspect-
ed it: to which Cromwel obeyed, though judg-
ing his perdition more certain, that the duke
was uncle to the lady Catharine Howard,
whom the king began now to alVect. The
news whereof, and his commitment to the
Tower being divulged, the people with many
acclamations witnessed their joy ; so impatient
are they usually of the good fortune of far-
vourites arising from mean place, and insolent
over the ill : Whereof the king being informed,
proceeded more overtly, both in his Parliament
business, and the Divorce; and the rather,
that all former faults being now imputed to
Cromwel, every body began to hope of a better
age. But Cnnnwel (if wc may believe some of
our Authors) foresaw his fall two years before,
and therefore provided for his family; neither
did the late honours give him much comfort or
security, when he thought thry were C(mferred
only to make him the greater sacrifice.
Crimes and AccmaHom brought against the
Jjord CrotmccU,
After this he was nttninted by parliament ;
in the which Attainder, divers and sundry
Crimes, Surmises, (Jbjectidns, and Accusa-
tions were brought ngain^t him, but chiefly and
above all other he was charged and accnsfd of
Heresy, for that he was a supporter <>f them
(whom tlu'V recounted for heretics) :is Uarns,
Clark, and many o»hcr, whom he by hi** autho-
rity and letters written to sheritVs and ju-fttice*!
in divers shires rescued, and discharged out of
prison. Also that he did divulgate and dis-
perse abroad anu>ng the kind's subject «« great
numlnrrs of liooks, containing, as tlu>y suid,
manitcit matter of nmch heresy, ditfidence, and
2 F
43.7]
STATL TRIALS, 33 Henry VIII. 1 51 \. —Proceedings against
[430
inistulief. Item, tiiat lie ciiubc-d to he trans-
iatt'd iiit<i our Kn^lihli lun;;uc Books compris-
ing mutter expressly against the Sacrament of
the Altar, and that, after the transhition there-
of, he commended and maintained the same
for good and Chri*?tian doctrine. Over and
besides all this, they brought in certain wit-
nes>e!<, what they were, the Atiaiudcr ex-
prcbseth not, which roost especially pressed, or
rather oppressed, liim mih heinous words
spoken against the king in the Church of St.
Peter the Poor, in tlic mouth of Maich, in the
thirtieth year of the king's reign. Which words,
if they be true, as the Attainder doth purport,
three tilings, says Fox, I have I. ere rocch to
maivel at. First, if his adversaries had so suie
hold and matter against him, then what should
move them to make such hasty speed, in all
post haste to have him dispatched and rid out
of the way, and in no case could abide him to
come to his purgation.^ Which, if he might
have done, it is not otherwise to be thought,
but he would easily have cleared himself there-
of. Secoiully, this I marvel, that if the words
had been so heinous against the king, as his
cnf-mies did pretend, vihy then did thobe wit-
nesses which heard those words in St. l^elei's
Church, in the thirtieth year of the king*s reign,
conceal the said words of such treason so long,
thespace almost ol" two years, and now uttered
the same in the two and thirtieth year of the
king's reign, in the month of July. Thirdly,
here is again to be marvelled, it' ilie king had
known or believed these words to be true, and
John, Henry 2, and Richard 2, had had such a
counsellor about them, I suppose tliey should
never have been so traiterously abandoned,
and overthrown as those good princes were :'
After which, he says again, * I loved him as
my friend^ for so I took him to be, b«t I chiefly
loved him for the love which I thought I saw
him bear ever towards your grace singularly
above all others : But now, if he be a Iraitor,
I am sorry that ever I loved him, or trusted
him, and I am very glad that his treason is
discovered in time ; but yet again I am very
sorrowful; for who shall your ^race trust
hereafter, if you might not trust him ? Alas!
I bewail and lament your grace's chance
herein, I wot not whom your grace may trust.
But I pray God continually night and day
to send such a counsellor in his place,
whom your grace may Irust, and who tor all
his qualities can and will serve your grace
like to him, and that will liave so much so-
licitude and care to preserve your grace from
all dangers, as I ever thought he had/ All
which, as being a character of Cromwell in
Cranmer's opinion, I have faithfully copied
out of the Original. Not yet that 1 will pre--
tend excuses for him, whom the laws have con-
demned ; (though Fox doubts not to say, ' That
iis General Councils have sometimes been ob-
served to t- rr, so princes and parliaments may
be sometimes informed by sinister heads ;*) but
that his punishment may senc as a caution for
those that serve sex ere princes, to procure suf-
all that
licicnt warrant for
they do. I'he
that Cromwell had indeed been such a traitor | Crimes objected to Cromwell seeming to be
to his person, why then did the king so shortly I chieHy an usurpation of power, to set at liberty
after lament his death, wishing to have his ' certain persons not capahle of it, and granting
Cromwell alive again ? What prince %viil wi«h certain Licences, and making certain Com-
the life of him whom he suspecteth undoubtedly ! missions in high aO'airs, without the king*s
to be a traitor to his life and person ? Where- i knowledge : For which, though Cromwell in
by it may appear what judgment the king had | his discretion might have found due motiv-es;
of Cmmwcll in himself, howsoever the parlia- yet as he proceeded not warily therein, he fell
mcnt by sinister information was otherwise in- ** ^ '~ '" * - '- i'- --i
cen<^cd to judge upon him.
Tlie proceedhigs against him wore thought
rigorous, but so tew pitied him, that all was
easily pnssed over : nevertheless, I tind by an
mto the danger of the law. Furthermore, he
was accnse^d for being an Heretic, and favoup-
ing them : (But thpii, that the he^ad of the
Churches vicc«:erent in spiritual affairs, should
be an Heretic and tUvourer of them, to some
Ori^mal, tliat Cranmer wrote to the kint: in i seemed strange, to others pave occasion of
his behalf boldly, considering the times ; * tor
though,' as is in his letter, * tie licard yesterday
in his grace's council, that he is a IVaitor ; yi-t,
he saith, who cannot be sorrowful and amazed
that he shouhl be a traitor against your ma-
iesty ? He that wan so advanced by your ma-
jesty, ho whose surety was only by your inajej*-
merriment.) As tor his speaking certain high
presumptuous words concerning the king, anrf
sundry of the nobility, many thought it pro-
ceeded rather out of mistaking and rashneif,
than any ill intention.
Cromwel thus unheard, and almost unpitied,
being condemne.i while he was in the Tower,
IV, l;e w ho loved ytmr mnjrstv, as I ever thought, omitted not yet to write unto the king. Amongst
_*.. I .1 /'.*J . I ...I. * .....j: I _i *. .1 ^ rA.^ /. :. • I •_!. ^L-
fit} less than God ; he who studied always to
set torward whatsoever was your majesty's will
and pleasure ; he that can*<l for no man's dis-
pleasure to serve your majesty ; he that was
such a servant, in my jud*;inent, in wisdom,
diligence, faithfnlne-s, and experience, as no
prince in this realm ever hud ; he that was so
vigilant to preserve your nnije^^ty trom all
Treasons, that few could be so secretly con-
ceived, but he detected the same in the IbeKin-
niiig? If the noble princes of oiemory, king lords, wliat he had promised; you shall cui»-
the rest of the Commissioners which came unto
him, one there was, whom the lord CroinwelJ
desired to carry tor him a Letter to the King,
which when he refu>ed, saying that he would
carry no Letter to the king from a Traitor;
then tlic lord Cromwell desired him at least to
do from him a mess i^e to the king. To that
the other was contented, and granted, so tluu
it were not aisainst his allegiance. Then the
lord Cromwell taking witness of the other
«7] STATE TRIALS, 33 UEiiiiYVliL \5U,-^he Earl qf Essex, for Treason. [438
meod me, said he, to the king, and tell him,
by that be bach so well tried, and thoroughij
proved yon as I Have done, he shall find you as
false a man as ever caiue about him. — [Besides
this;, he wrote also a Letter front the Tower to
the king, whereof when none durst take the
carnage upon him, sir Half Sadler, (whom he
also bad preferred to the king before, being
ever trusty and faithful! unto him) went unto
the king to understand his pleasure, whether
he would permit him to bring the letter or not,
which whieo the king had granted, tlie said
master Sadler, as lie was required, presented
the Letter unto the king, which he commanded
thrice to be read unto him, insomuch as the
king seemed to be moved therewith.
The Lord Crcmwell brought to the Scaffold.
Notwithstanding, by reason of the Act of
Parliament afore passed, the worthy and noble
lord Cromwell, oppressed by his enemies, and
condemned in the Tower, and not coming to
his Answer, the 28th of July 1641, was brought
to the scaflTold on Towcr-hil', where he said
these words following ;
** I am come hither to die and not to pui]pre
myself, as some think peradventure that I will.
For if I sliouhl so do, I were .a very wretch
and a miser. I am by the law condemned to
die, and thank my Lord God, that has ap-
pointed me this death for mine offence. For
sttbenoe the time that I have had years of dis-
cretion, I have lived a sinner, and offended my
Lord God, for the which I ask him heartily for-
fiveness. And it is not unknown to many of
you, that I have been a greiit traveller in this
world, and being but of a ba«e degree, was
called to high estate, and sithence the time I
came thereunto I have otFcnded my prince, for
the which f ask him heartily forgiveness, and
beseech you all to pray to God with me, that
he will forgive me. And now I pray you that
be here, to bear me record, I die in the Catho-
lic fiutb, not doubting in any article of my
fiuth, no nor doubting in any Sacrament of the
Church. Many have slandered me, and rc-
Dorted that I have been a bcnrer of such as
have maintained evil opiuion», wliicli is untrue.
But I confess, that like as God l«y his holy
^irit doth instruct us in the trutJi, so the dovil
is ready to seduce us, and i have been seduced ;
but hear me witness that I die in the Catholic
Faith of the holy Church : and I heartily de-
lire you to pray for the kings gruce, that he
may long live with vou in health and prospe-
rity; and chat afler him his son, prince Kdwurd
that goodly impe, may long reign over you.
And once again 1 desire you to pnij for me,
that so lon^ as life renmincth iu this flesh, 1
waver notlnng in mv Faith."
And so making his prayer, kneeling on his
koecs he spake these words, the effect whereof
here folkiweth :
A Prayer that the Lord Cromtccll taid at the
hourtf' his Death.
"0 Lord Jewis, which art the only health of
all men living, and the everlasting life of tliem
which die in thee; I wretched sinner do submit
myself wholly unto thy most blessed will, and
being sure that the thing cannot perish which
is committed unto thy mercy, willingly now I
leave this frail and wicked flesh, in sure hope
that thou wilt in better wise restore it to me
again at the last day in the resurrection of tlie
i just. I beseech thee, most merciful Lord Jesus
Christ, that thou wilt by thy grace make strong
my soul against all temptations, and defend me
with the buckler of thy mercy against all the
assaults of the devil. I sec and acknowledge
that there is in myself no hope of salvation,
but all my confidence, hope and trust is in thy
most merciful goodness. I have no merits nor
good works, which 1 may nlledge before thee.
Of sins and evil works (alas) I see u great
heap; but yet throufih thy mercy I trust to be
in the number of ihcm to whom thou wilt not
impute their sins ; but tvilt tsike and accept me
for righteous niid just, and to l>e the inheritor
of everlasting life. Tliou merciful lx>rd was
bom for my sake, thou didi>t sutfer both hunger
and thirst for my sake; thou didst teach, pray,
and fast for my sake: all thy holy actions and
works thou wroughtest for my sake; thou suf-
fcredst most grievous pains and torments for
my sake : finally, thou gavcst thy most pre-
cious body and thy blood to be shed on the
Cross for my sake. Now most merciful Sa-
viour, let all these things profit me, that thou
freely hast done for me, which hast given thy-
self also for me. Let thy bh>od cleanse and
wash away the spots and foulness of my sins.
Let thy righteousness hide and cover my un-
righteousness. Let the merits of thy passion
and blood-shedding be satisfaction for my sins.
Give me Lord thy grace, that the f'lith of nty
salvation in thy blood waver not in me, but
may ever be firm and constant. That the hope
of thy mercy and life everlttsting never decay
in me, that \o\e wax not cold in me. Finally,
that the weakness of my flesh be not overcome
with the fear of death. Grant me merciful
Saviour, that when death hath shut up the ryrs
of my body, yet the eyes of my soul may still
beh')ld and look upon thee, and when death
hath taken away the use of my tongue, yet
my heart may cry and sny unto thoe, Lord
into thy hands I coniincnd my soul, Lord Jc^us
receive my spirit. Amen."
And thus his prayer being made, afer Ite
had godly and loiin^Iy exhorted them that were
about him on tlie sca^old, he ({uictly commiiti d
his soul into the hands of God, and so patiently
suffered the stroke of the ax, by a rauged and
butcherly miSer, which very ungodly performed
his otiice.
To this end came Cromwel, who from being
but a blacksmithil son, found means to traviil
into divers foreign countries, to learn their lan-
guaces, and to see the wars, (being a soldier of
Bourbon at the sacking of Home;) whence
returnini;, he was received into the cardinal
Wolsey's scr\'ice: to whom he so Approved him-
self by his fidelity and diligence, that the king
after his fall voluntarily took him for hi^ scr-
4-'MJ] STATE TRIALS, S3 Henry VIII. 1 541 ,— Trial of Lord Leonard Grty, [440
vaul ; in which place he hicame a special in-
strument for difrsnlving the Abbies, aiid other
religious houseb, and keeping down the clergy ;
\^'hoin in rci^nrd of their oath to the pope, he
usually termed the king's half subjects : And
for expelling; the monks, he said it was no more
than a i csioring them to the first institution of
being lav and labouring persons. Neither did
ii move liim, that so much strictness and aus-
terity of life was enjoined them in their several
orders, since he said they might keep it in any
condition. But as these reasons again were
not admitted by divers learned and able per-
son^, so he got him many enemies, who at last
procured his fall ; but not before he had ob-
tained successively the dignities of Master of
the Rolls, Baron, Lord Privy-Seal, Vicegerent
to the king in Spiritualities, Knight of the Gar-
ter, Earl of Essex, Great Chamberlain of Eng-
land, &c. He was noted in the exercise of his
places of judicature to have used much mode-
ration ; and in his greatest pomp, to have taken
notice, and been thankful to mean persons of
his old acquaintance, and therein had a virtue
which his master the cardinal wanted : as for
his other descriptions, 1 leave them to be taken
out of Cranmcr's letter formerly mentioned,
with some deduction ; for it seems written to
the kiPij; in more than ordinary favour of his
ancient sor\ ice.
At the same time with Cromwel, Waiter
lord llungerford suffered. The crimes objected
to him were. For taking into his house oi chmp*
lain one William Bird, wlio had callad the king
Eleretick, &c. That he had* procured certain
persons to conjure, to know hovf Ions the kin^
should live ; also, that be had used the «in of
buggery.
R^pin observes, that the care Cromwel took
when he came to die, to say nothing which
might offend the king, proved to the aovAOtag^
of his son Gregory, who was that very year
created a peer by the title of lord Cromwel.
Shortly after this folbwed the countess of
Salisbury's Execution, who had with Cromwel
been excepted from the general Act of Pardon,
wliicb, whether occasioned by the late Rebel*
Uon, (as being thought of cardinal Pool's insti-
gation) or that she gave some new offence, is
uncertain : The old lady being brought to the
sca£fold, set up in the Tower, was comnumded
to lay her head on the block ; but she (as a
person of great <|uality assured me) refused ;
saying, 'So should Tray tors do, and I am none :'
Neither did it sene tlmt the executioner told
her it was the fashion ; so turning her gray
head every way, she bid him, if he would b»\e
her head, to get it as he could : So that he was
constrained to fetch it off slovenly.
She was daughter of George duke of Clarence,
brother of Edward the 4th. She had four sons :
cardinal Pole was the youngest. The eldest
was Henry lord Montacute, from a daughter of
whom the present earl of Moira is descended.
35. The Trial of Lord Leonard Grey, at Westminster, for High
Treason : 33 Hen. VHL a. d. 1541. [Holling. Chron. in
the Irish Hist. 102. 1 Cox's Ireland, 264.]
[*' Hall, Grafton, Stow, and lord Herbert, all
make mention of this Trial. It is also no-
ticed in Ware's AnnaU of Ireland. But
HoUincsliead in the Clut)nicles of Ireland,
and sir Kichard Cox in his Histor}' of Ire-
land, are most particular; and therefore
what we shall give will be an extract from
the>e latter writers. — In the earl of Straf-
foviV:> case, Mr. St. John, arguing before the
lords fur tlie bill of attainder against the
or.rl, cited this Triul of lord Leonard Grev,
IMrticuhirlv t(» pro\c, that treasons com-
miitiii in Ireland arc triable here; and said,
tiiat he iiad read tlie whole record of the
< a<e. 8 Unshw. 080, 694, t>95. But iMr.
St. John repre>cnrs the cliarges against lord
Leonard (irey diirertutly from the author of
the Irish Chronicles and sir Richard Cox ;
for, according; to Mr, St. John, lord Leonard
was attainted of ll'iil) 1 reason, for letting
diverse reb<^ls out ot' the Cast le of Dublin,
and diMTharging Iri-ih lu>stages given to se-
cure the kingV peace, and for not punishing
one, «ho said, that the king was an herctick!
It is observable, too, that Mr. St. John
Argues for a trial in England, iudept- nuentlv
of any statute; and to prove Lis p.jint.
takes notice, that lord Leonard Grey's case
was before the 35 Hen. 8, c. 9, as if that
was the only statute for trying foreign trea*
sons in England. But tliere are two other
statutes about the trial of foreign treasons,
which, being prior to lord Leonard Grey's
case, were material to be considered, ^e
26 Hen. 8, c. 13. § -1. 32 Hen. 8, c. 4. The
33 Hen. 8, c. 24, on the same subject, seems
subsequent st'vend months ; otherwise that
also would have required obscr\'ation. We
are the more particular in adverting to this
omission of Mr. St. John ; because there is a
like one in our principiU writers on Criminal
Law, not one of whom, as well as we can
recollect, pomtedly attends to all the sta-
tutes. We do not even except Staundtbrd,
though his t%ork contains a chapter on the
trial of crimes committed out ot the realm.
See Staundf. PI. c. 89. a." HaTigra%-e.]
Ext rue t from HoUin£:thead*s Ckromiele i« /A«
Iriih History, p, 102.
1 HE gouernor, lord Leonard Grey, toming
the oportunitie of this skirmish (with some
Irish revolters; to his aduantai^e, short lie after
rode to the north^ preiding and spoiling Ooeale
441]
STATE TRIALS, 33 Henry VIII. IS^l.-^far High Treason.
[442
mitli his confederatSy who bv ri^ason of the late
oucitbrow were able to mal^e but little resist-
ance, la this iomie he rased Saint Patrike
his cborch in Dowdc, an old ancient citie of
Ulster, and burnt the monuments of Patrike,
Brigide, and Colme, who are said to haue
beene there intoomed, us before is expressed
in the description of Ireland. This fact lost
him sundrie harts in tluit countrie, aUvaies
after detesting and abhomn^ liis prophane
tyrannie, as tliey did name it. Wherevpon
conspiring with such of Mounster as were
enimies to his ^oucrnment, they booked vp
diuene Coinplamts against him, which they
did exhibit to the king and councell. The
Articles of greatest importance laid to his
charge were these. 1 Inprimis, *' That not-
withstanding he were strictlie commanded by
the king his maiestic, to apprehend his kins-
man the jong Fitzgiruld, yet did he not onlie
diMbeie the kin^^s letters as touching that
point by plaieng bopeepe, but also had priuie
conference with the said Fitzgirald, and laie
with him two or three seuerall nights before he
departed into France. — 2 Item, That the
cheefe cause that mooued him to inuegle
Thomas Fitzgirald with such faire promises,
proceeded of set purpose to haue him cut off,
to the end tliere should be a gap set opvn for
the yong Fitzgirald to aspire to the earledome
of Kildare. — 3 Item, That he was so grecdilie
sddictcd to the pilling and polling of the king
his subjects, namelie of such as were resiant in
Mounster, as the beds he laie in, the cups he
drtnke in, the plate with which he was serued
in anie gentlemans house, were by his seruaiits
against right and reason packt vp, and carried
With great extortion awaie.— 4 Item, That
Without anie warrant from the king or coun-
ceiiflie prophaned the church of Saint Patrikcs
ia Downe, turning it to a stable, after plucked
it downe, and shipt the notable ring of bels
that did hang in the steeple, meaning to haue
sear them to England : had not God of his
iifttice preuented his iniquitie, by sinking the
^«S5ell and passengers wherein the said belles
should limuc beene conueied." — These and the
like Articles were with such, odious presuinp-
tioiis coloured by his accusers, as the king
tad councell rcmero bring his late faults, and
fiirgetting his fonner seruices (for comnionlie
all men are of sd hard hap, that they shall be
^ouner fur one trespusse condemned, than fur
s thousand good de«erts commended) gaue
prouinces, wherein diligence is twhackt with
hatred, negligence is loden with tawnts, seue-
ritie with perils menaced, liberaliiie with
thanklcsse vnkindnesse contemned, conference
to vndermining framed, flatterie to destruction
forged, each in co|intenance smiling, diuerse in
heart pouting, open fawning, secret grudging,
gaping for such as shall succeed in gouernment,
honouring magistrates with cap and knee as
long as they are present, and carping them
with toong and pen as soone as they are ab-
sent.
Extract from 1 Cox^s History of Inland, 264.
Before wc proceed farther in the affiiirs of
Ireland, it will be fit to pay that respect to the
memory of the late lord deputy, the lord Grey,
as to give some account of his misfortunes and
destiny. He had certainly performed consi-
derable atchievements in Ireland, and great
commendations of him are contained in most of
the letters from the council to the king ; and
his majesty did so well approve of his good ser-
vices, that he created him viscount Grany ; and
although theearlof Ormond, the lord chancellor
Allen, the vice-treasurer Brabazon, and sir John
Travers, went with him, or immediately fol-
lowed him into England, to impeach him, yet
he was kindly received by the kiug^ and carried
the sword before him on Whitsunday : never-
theless he was in a short time after imprisoned
in the Tower, and accused of very many Ar-
ticles ; the principal of which are these :
1 . '* That O Conner feasted him, and mend-
ed Toghercroghan for him ; and that in favour
of O Molloy, a rebel, he took a castle from
Dermond O Molloy, whose father-in-law O
Carol was a good subject ; for which the lord
Grey had a bribe, and Stephen ap Harry had
twenty cows. 2. That he took the castle of
Bir from a loyal O Carol, and gave it to a rebel
O Carol, who married the earl of Kildare *s
daughter, and also took Moderhern, a castle
belonging to the earl of Ormond, i^nd gave it to
the rebel O Carol, and wasted the earl of Or-
mond's lands : for which, he had an hundred
and forty kine and Stephen ap Harry had
forty, and Giruld Mac Gerrot had a black
hackny. 3. That he took forty kine from O
Kenedy, a tenant of the earl of Onnond's, and
his «<on for hostage. 4. That he held secret
and private familiar correspondence with
James of Desmond, and went to vi«>it him in
his tents in his night-gown, and forced the ab-
aimnian dement, that the lord Greie »huuld I hot of Owny to ^ive him forty pounds sterling
nit onelie be remooued from the gouernment ! to preserve that ah by from ruinc, and O Brian
1
ofiLf countrie, but al^) had him beheaded on
the Tower-hill, the 28th of June. But as
touching the first Article, that brought him
Biost uf all out of conceipt with the kint:, I
nouned question to the erle of Kildare, whe-
ther the tenor tberof were true or false ? His
l<»rHship tlierc'to answered bona fide, that he
iHnier spake with the lord Greie, neuer sent mes-
vnger to liim,nor receiued message or letter from
him. Whereby maie be gathered, with how
B4oie dangers they are inwrapped that gouernc
to give him thirty kine and hostages ; and
Ulick Bourk, a bastard, gave him 100 marks
to have Baltimaclcerc-Castlr, and to he made
Miic William ; and that he carried the artil-
lery in a small vessel to Galway, and made
the town of Owlloway pay thirty-four pounds
for that carriage. 5. That the exploits at
Bryans bridge, 6iC. were in favour of O Bryan
a rebel, Desmond's son-in-law, aiid to the pre-,
judice of Donough O Bryan, a Eood subject ;
and tluit he took a bribe of ciglity kine from
41.3]
STATE TRIALS, SSHenhyVIII. I ^^\. ^Proceedings against
[444
Macnemarra. 6. That trusting DesnM>nd and
O Bryan, he hazarded the kint^'s army in a long
and dangerous journey, wherein Desmond
quarrelled, and' deserted him, and O Bryan sent
but one man with a battle-ax to guide him. 7.
That he rifled the abby of Bailyclare, and left
neither chalice, cross nor bell in it. 8. That
he destroyed the castles of Lecagh and Derri-
▼iclaghny, in favour of Ulick Burk, though the
rightful proprietor offered submission and rent
to the king. 9. That he had secret conference
with and received a horse from O Connor Roe,
who was the chief instrument in conveying
away the young Fitz-Girald. 10. That he took
eighty kine from O Maddin, and forced O
Mlaghlin's son from Mr. Dillon, whose lawfid
prisoner he was ; for which he had seventy
kine."
And there was a Commission sent to Ire-
land, to examine witnesses ; and they say that
these Articles were proved by the testimony of
above 70 persons ; whereof some were of qua-
lity, that is, some of them swore to one article,
and some to another; so tliat the lord Grey,
who was son to the marquess of Dorset, and
viscount Grany in Ireland, but no peer in Eng-
land, being tried by a common jury, thought it
his best way to confess the indictment^ in hopes
of the king's grace and pardon : but m that he
was mistaken ; and althilugh his services did
infinitely over-balance his faults, yet he was
publickly executed on the 28th of July 1541.
There are four other Articles mentioned bv
others, to belaid to his charge. 1. ** His partiali-
ty to his nephew Fitz-Girald, afterwards earl of
Kildare, whom they sa^ he might have taken.
2. That liis servants pillaged the gentlemen in
Munster, that entertained them. 3, That be
had inveigled Thomas Fitz-Gerakl to submit,
by promises which he had no commission to
{)erform ; and that he did it, to destroy that
ord, tbat his own nephew might come to be
earl of Kildare (as afterwards He did.) 4. His
sacrilege at Down; but however that be, it
was not long after his execution, before a com-
mission was directed to archbishop Brown, and
Cowley master of the rolls, to make an esti-
mate or survey of the lord Grey's estate in
Ireland, and to deliver it to the lord deputy
Saintleger, to be disposed of as tlie king shall
direct.'
36. The Trial of Sir Edmond Knevet, knight, at Greenwich, for
striking a Person within the King's Palace there : 33 Henry
VIII. A. D. 1541. [Stowes Annals, 581.]
\" The following Trial, if so slight an account
deserves the name, we extract from Stowe,
who borrows from Hollingshead. The trial
is also taken notice of in < Brooke's Abridg-
ment,' under the title Pain and PenancCy pi.
16. It occurred a few months afler the sta-
tute of 33 Hen. 8. by which, mulicious strik-
ing in the palace where the king resides, so
as to draw blood, is punishable, not only by
imprisonment for life and fine at discretion,
but further by cutting off the right hand of
the offender. Whether the prosecution was
grounded on the statute, is not explained by
Stowe ; and what renders it more doubtful
is, that by the statute, drawing of blood is
essential, which circumstance neither Brooke
nor Stowe states as part of sir Edmond Kne-
vet's case. — Cutting off the hand is a rare
punishment by the English law ; and the
cruelty of it being considered, it must give
pleasure to the humane reader to know, that
there are very few in:>t.inces of intlicting it.
We are not aware, that there are any crimes,
which by our law are liable to be so punish-
ed, except drawing a weapon on one of the
king's judges, and strikmg in the king's
courts or his palaces ; and so unfrequent
have been bf>th tho»o crimes, that perhaps
all our books do not furnish ten cases of the
sort. 3 Inst. 140. Dy. 188. and the mar-
ginal cases in the edition of ItiQB. — The
manner in which sir Edmond Knevet obtain-
ed a pardon of his offence, must strike* c\'ery
reader of sensibility. The circumstances do
et^ual honour to sir Edmond and bis sove-
reign ; to the former for his manly request
to pay the forfeit by his left hand instead of
his right, that he niight be better able to
serve his king and country ; to the latter, for
feeling the greatness of mind which such a
request denoted." Ilargrave.]
Extract from Stowe's Annals, 581.
1 HE 10th of June, sir Edmond Knevet,
knight of Norffolke, was arraigned before tbe
kings justices, sitting in tlie great hall at Greene-
wich, master Gage comptmltor of tbe kings
housiiold, master SuthweU, sir Anthony Browne,
sir Anthony Winkfield, master Wnsley, and
Edmond Pecham cofferer of the kings hoas-
holde, for striking of one master Clere of Norf-
folke, senant with the earle of Surrey, withia
tlie kings house in the Tenice court. There
was first chnscn to goe vpon the said Edmond^
a quest of gentlemen, and a quest of yeomen,
to enquire of the said stripe, by the which in-
quests he was found Guilty, and had Judgement
to loose his right hand : whereupon was called
to do the execution, first the serjcant chirur-
gion, with his instnmieni appertaining to his
othco : the sergeant of the woodyard witli the
mallet and a blorke, whereupon the band
sliould lie : the master cooke for tlie king with
the knit'e : the sergeant of the larder to set the
knife right on the ioynt : the sergeant farrier
with his searing yrons toseare the fcines : tbe
445] STATE TRLVLS, 3:> Henry VIII. 1342.— 2m^«i Catharine Howard. [UG
seigeant of the poultry with a cocke, which
cocke bhould have his head smitten off vpon
the same blocke, and «vith the same knife : the
yeoman of the chandry with seare clothes : the
yeomen of the scullery with a pan of fire to
beat the yrons : a chaler of water to coole the
ends of the yrons : and two fuurmes for all
officer! to set their stufTe on : the sergeant of
the seller with wine, ale, and beere : the yeo-
laen of the ewry in the sergeants steed, who was
absent, with bason, ewre, and toweLs. Thus
every man in his office ready to doe the execu-
tioD, there was called forth sir William Picker-
iag knight marshal), to bring in the said £d-
nond Knevet, and when hee was brought to
the barre, the cheife justice declared to him his
treipBMe, and the said Knevet confessing him-
K-lfe to be guilty, humbly submitted him to the
kings mercy : for tliis oneace he was not onely
iudged to loose his hand, but also his body tore-
mainc in prison, and his lundes und goods at the
kings pleasure. Then the sayd sir Edmpnd Kne-
vet desired that the king of his bcnigne grace,
would pardon him of his right hand, and take
the left : for (quoth he) if my right hand be
spared, I may heareaAer doc such good seruice
to his grace, as shall please him to appoint.
Of this submission and request the justices
forthwith informed the king, who of his goodues,
considering the gentle heart of the said £d-
mond, and the good report of lords and ladies,
granted Iiim pardon, that he should loose nei-
ther hand, land, nor goods, but should go free
at liberty, (a)
(a) See the Case of the duke of Devonshire,
A. D. 1687 ; and of lord Thanct and Mr. Fer-
gusson, A. D. 1799.
37. Proceedings against Queen Catharine Howard, for Incon-
tinency: 33 Henry VIII. a.d. 1542. [Lord Herbert's Life
of Hen. Vin. in 2 Kenn. Comp, Hist. 228. 1 Rapin, 83 L
1 Cobb. Pari. Hist. 550.]
But our king encountered a greater vexation ;
for the queen was supposed to oflfend in Incon-
tioency; some particulars whereof being extant
in our Records, I liave thought fit, says lord
Herbert, to transcribe, ratlier than to make
other narration; the family of which she came
being so nuble and illustrious, and the honour
of her sex (which is tender^ beiiie^ concerned
therein. Tlie Ijtitcr sent from divers of the
Coum ii to William Paget, our ambassador then
ifi France, was this :
" After our hearty commendations, by these
bur letters, we be conunsindtd to signify unto
vou, a most miserable case, which cun)e hitcly
to revelation, to the intent that if ynu shall hear
tfie same i poken of, you may declare the truth
2i followeth : Where the king's majesty upon
the Sentence given of the Invalidity of the pre-
tended Matrimony lietween his highness and
tiieUdy Anne ofClcve, was earnestly and hum-
Uy solicited by his council, and the nobles of
t-)is reahn, to frame his most noble heart to the
live and favour of some noble personage to be
ined with him in lawful Matrimony, by whom
•is majesty might have some more store of t'ruit,
and sucre^ion to the comfort of this realm ; it
f-lcascd his highness upon a notable appearance
of hfjnour, cleanness and maidenly belmviour,
I J bend his aflfecttou towards mistrtss Catharine
Il'iward, daughter to the late lord Kdmond
li'mard, broiht-r to me the duke of Noriolk,
intfimucil as his highness was finally contented
lA Ikiinour her with his Marriage, ifiinkiiig now
in his old days, after sundry trouble^ of mind,
*hich have happened unto liim by Marriai;:e9,
IV hare obtained such a jewel tor womanhood,
iwl very perfect love towards him, as should
Bot u&ly have been to his quietne^^, but also
i
brought fjrth the desired fruit of marriage, like
as the whole realm thought the seniblabic, and
in respect of the virtue and good behaviour
which i>he shevied outwardly, did her all honoui
accordingly. Out this joy is turned into extream
sorrow ; for when the king's majesty receiving
his Maker on Alhallows day last past, then gave
him most humble and hearty thanks for the
good life he led and trusted to load with her,
and also desired the bi^hup of Lincoln, his
tihostly fatlier, to ninke like prayer, and give
like thanks with him ; on All-souls day being
at MKiss, the an libishop of Canterbury having a
little before heard, that the same mibtrebs Ca-
tharine Howard was not indeed a woman of
that pureness and clcanne>s that she was es-
teemetl ; hut a woman, who before she wa-
joined viith the king's majesty, had lived most
corruptly and sensually ; for the dischari^e ol
his duty opencil the same most sorrowfully to
his majesty, and how it was brought to his know-
lecljie, which was in thi^ torm following. — Whik
the king's majfity was in his I*ro«:resi», one John
Lossels raine to the said abp. of Caiiierbury,
asd declared unto him, that he had been with
a sister of his married in Sussex, whicli some-
times had been 'servant with the old duTclies>s of
Norfolk, who did also bring up tlie said mis-
tress Catharine, und being with his said sister,
chanced to fall in conmiunication with her of
the queen, wherein he advised her (because she
was of the queen's old acquaintance) to sue to
be her wnnan ; whertunto his sister answered,
that she would not so do ; but she was very
sorry ft)r the quern; Why, <iu<»th I^jssels ?
Marry, quoth vilie, tor she it li^ht both in living
and condition : How so, quoth LosseisP Marry,
quoth bhe, there is one Francis Derrham, wh<i
41.7]
STATE TRIALS, 33 IlrsRY VIII. 15 V2.--Pro<xedings agaiNSt
[•U5
t\-^? servant alsu in my lady of Norfolk's house,
ivh;i h initii lien in bed with her in his doublet
and \\'}i>f: LiL'twecn the sheets an hundred nights.
Anil tt.t '.-e hath been such put!ing and blowing;
betu <.•'■> vi'L'iii, that once in the house a maid
whii:t. ^i> 111 ii>c house ^%'ith her, said to mc,
She woukI li»i i:o longer with her, because she
knew not uh;it mutriinony meant. And further
she said unto liim, that one Mannock, some-
times also servant to the said dutchcss, knew a
privy mark of her body. When the said Los-
sels had declared this to the said abp. of Can-
terbury, he considering the weight and import-
ance of the matter, being marvellously perplexed
therewith, consulted in the same with the lord
chancellor of England, o.nd tlie earl of Hertford,
ff hom the king's majesty going in bis Progress
left to reside at London, to order his aflfuirs in
those parts ; who having weighed the matter,
and deeply pondered the gravity thereof, where-
with they were greatly troubled and unquieted,
resolved finally that the said archbishop sliould
re%'eal the same to the king's majesty ; which
because the matter was such, as he hath sor-
rowfully lamented, and also could not fmd in
his heart to expre^^s the same to the king's ma-
jesty by word of mouth, he declared the Infor-
mation thereof to his highness in writing. When
the kin)('s majesty had read this Information
thus delivered unto him, his grace being much
peqilexed therewith, yet nevertheless so tender-
ly loved the woman, and had conceived such a
constant opinion of her honesty, that he sup-
posed it rather to be a forged matter, than of
truth. Whereupon it pleased him secretly to
call unto him the lord privy seal, the lonl ad-
miral sir Antliony Brown, and sir Tho. Wrio-
tliesly ; to whom he opened the case, saying.
He could not belic\-e it to be true : And yet
seeing the Infonnation was made, he could not
be satisfied till the certainty thereof was
known ; but he would not in any wise, that in
the inciuisititm any spark of scandal should ri&e
towards her. Wltercupon it was bv his majesty
resolved, that the lord privy seal should go
straight to Ixiudon, where the said Losscls that
gave the Infonnation was secretly kept, and
with all dexterity to examine and try whether
lie would stand to his saying -. Who being so
examined, answered, That his sibtcr so told
him, and that he had declared it for the dis-
charge of his duty, and for none other respect ;
adding that he knew what danger was in it ;
nevertheless, he had rather die in declaration
of the truth, as it came to him, seeing ic touched
the king's majesty so nearly, than live with the
concealment of the same : which asseveration
being thus made by the s:iid Lossels, tht king's
majesty being informed thereof, sent the Lonl
Privy-Seal into Sus^^cx, to examine the woman,
making a pretence to the womans hu>liand of
bunting, and to her for reccivinc of hunters ;
and sent the said Tiio. VVriothe>lv to Ixmdon
at tlie same instant, both to examine Mann<K:k,
and also to take tlie said Derrhum upon a
pretence of pynicy, because he had been before
in Ireland^ and huth been noted before with
that offence ; making these prctencei to the
intent no spark of suspicion should rise of tliese
Examinations. The said Loni Privy Seal
found the woman in her Examination constant
in her former sayings : and sir Tho. Wriothesly
found by the Confession of Mannock, that he
had commonly used to feel the secrets and
other parts of her l>ody, ere ever Derrharo i»as
so familiar wiih her ; and Derrham confessed
that he had known her carnally many times,
both in his doublet and liis hose l>etween tht
sheets, and in naked bed, alledging such Wit-
nesses of three sundry women one afler ano-
ther, that had lien in the same bed with them
when he did the acts, that the matter seemed
most apparent. But what inward sorrow the
king's majesty took when he perceived the In-
fonnation true, as it was the most woful thing
that ever came to our hearts, to sea it; so it
were too tedious to write it unto you. But his
heart was so pierced with pensiveness, tliat
long it was before his majesty could speak, and
utter the sorrow of his heart unto ut : and
finally with plenty of tears (which was strange
in his courage) opened the satne. Which done,
she was spoken withal in it by the abp. of
Canterbury, the I<ord Chanccll)r, the duke of
Norfolk, the Lord Great Chamberlain of Eng-
land, and the bishop of Winchester ; to whom
at the first she constantly denycd it ; but the
matter being so declare<l unto her, that she
perceived it to be wholly disclosed, the same
night she disclosed the whole to the abp. of
Canterbury, who took the Confession of the
same in Writing subscribed with her liand :
then were the rest of the numl)er, being eight
or nine men and women which knew of their
doings, examined, who all agretni in one tale.
— Now may you see what was done before the
Marriage; God knoweth wliat hath been done
sithence : but she had already gotten this Derr-
ham into her service, and trained him upon
occasions, as sending of errands, and writing of
letters when her secretary was out of the way,
to come often into her privy chamber. And
she had gotten also into her privy chamber to
be one of her charaberors, one of the women
which liad before lien in the bed with her and
Derrham : what this pretended is easy to be
conjectured. Thus much we know for the be-
ginning; vyhcreof we thought meet to ad%'er-
tise you, to the intent at*')re specifyed : and
what shall further succeed and follow of this
matter, we shall not fail to advertise you
tijcreof accordingly. — You shall als'o receive
herein inclosed a packet of Letters, directed
unto sir Henry Kne\ct, his graces ambassador
i\ith the emperor, which his highncss's pleasure
is you shall set? conveyed unto him by the
next post. Thus fare you richt heartily
well. — From the kin»i's Palace at Westminster
the l'2ih of Novenibtr. . Your loving Friends,
♦ Thomas Audeley, Chancclbr ;
' Here were other Names, which are now
defaced in the Original ; but ' D. Norfolk' nay
by the contents of the Letter be supposed one.
4i:J] STATE TRIAl-S, 33 Henry VIII. 1542.— ihi«n Caihanne Iloicard. [450
K. Hertford, William Soutlintn|;ton, Robert the hill a^niiibt her majc'bty >v!i$ onlcred to be
^us^cx, Stephen Win ton, Anthony Wingtield.
I^M(le» tlie |)L'rM>ns specifvod in litis Ixlter,
one Tiioinas Culpoper (bein^ ot' the same name
vtith the queen*s .ni»ther) was indicted for the
snuie fnult (as uiir Histories have it,) »hich he
and Derrliain at their Arniignnieni coMlcasini;,
C'ulpeper had his liead cut rtff, and Dr-rrhani
Mas han^^ and quartt^retl. But it rcbtcd not
suspended. — On the iioihofjutmary, ilic clian-
celior declared lo the lords openly, thai ihe
privy council, on mature dehberation, dislikc-d
the nic^ha):e that was to be sent to the <|ueen ;
nevertheless, in the uilmu lime, they had thought
of another way, lebS taulty, to be |-.nt to the
kill;:, or rather to he altogether deinaiidcd of
him : ** 1st. That his niajeslv would c<>i:il(-
Ler« ; fur the lord Wni. Howard (the queen's j scend, according to hib usual wi^drim in council,
uocle, ne«tly relumed from un aniba>s»^e in i to weigh byun equal balance, ihc umtabiiiy of
France) and his wife, and the old dutchcssofi all human 'alFairs ; that naiuro is wci'.k and
Norfolk, and divers of the queen's and ihe said '. corrupt ; none made (rvv from accidents ; aufi
(i:iccliesk*s kmdrcd and servants, and a butter- thai no man can be b>ippy in every tliinj. I'haC
»ite, were indicted of ISliapribion ofTrcai>on the «^ hole stale of the km^ii'iin depends on his
majesty's rcsolutii>n to divert his mind from all
iibprision
(js concealing this fact,) and condemned to
jjcrpctual prison; though yet by the king's trouble and solicitude. Next, that tl:fc attainder
favour some of them at length were released, of Thomas Colepcpper and Francis Derehnm,
The king yet not satistyed thus, for more an- with the king's as'sent, should be eoniirmed by
tfiorj^g his proceeding, referred the business authority of parliament. Also the adaiuder
to the parliament fitting the IGth of Janu- on misprijiion i^;ain3t lord Wiilium Howard,
arr, 1611. On the 12 1st of the same month A nrlrhai the pari :anicni might have leave to pro-
B Bill wab brought into the house, and read a i cecd to give ju<!^tncnt, and tolGninh thequeen*s
first time for the Attainder, ou the charge of' cause; that the event of that business may
High Treason, of Catherine Howard, late (^neen ! be no longer in doubt. ;)rd, 'I bar when all
of Fngland, and Jane huly Kochf<ird, with ! these things are compleated in a just par-
uthere. And in the bunie Bill was containiMl j liameniary method, without any los> of time,
ri.e Attainders, on misprision of treason, of that then his majesty would i^julescxnd to
Agnes Howard duchess of Norfolk, Wm. How- j give his royal assent lo them ; not by bein^
ar'i, ^'c. Oil the S23th, the lord chancellor present and spe-aking openly, a^ rhe custom
dcchtrcd to tlio rest of the peers, *' How much ; liath been in other parliaments, but nhsent, by
It concerned all their honours, not to proceed j his letters patents, under the <!re:it seal of
to give too hasty a judgment on the bill tor the : England, and signed by his o\>n hand. That
attainder of the queen and others, nhich had i the remembrance of this late and sorrowful
\tt \ieen only once read uinongst them. Fur j slory and wicked facts, if rc|!ratcd 1 efore him,
iliat lliey werelo remember that a queen was ! may not renew his pricf and endanger his ma-
110 mean or private person, hot an ilhistrions :jesry's health. Lastly, they were to bcicerh
and uubli<t urio. Thereftue, her cause was to • his majesty that if by eirmce, bv spcakini: freely
k- judged with that sincerity, that there bhoidd j on tlic queen, they should otiend again-^t the
be ntuher room for suspieion of some laifut stsitutiN thru in being, onl of l.is grc:it clcmco-
quarrcl, or that she should not have liberty to
clear licr^elf, if perchance, by reason or coun-
r'li she was able to do it, from the ciiinc laid
to her charge. For this purpose he thought it
hiK reasonable, that some principal persons, as
ncil of the lords as communn, sIimiiIiI be fh*-
puted to go to the queen, partly to tell her the
cause of their coming, and partly in order to
htlp lier womanish fears, by advising mid ad-
monishing her to liave presence of unnd ciiouch
to My any tiling to make her cause better. He
kucw for certain, that it was but just that a
princess sliould be judgc^d by etjual laws with
theinielves; and he could assure them, that
the clearing herself in this manner would lie
hulily acceptable to her most loving husband,
but tlait »ome answer ought to be had from
Ijtr, and to report the truth of it to his majesty, ' speech, 6cc. For he told them he •jiraiiicii jec
hit adtice wa% that thay should choose the ' more, in giving Imve for each man io speak his
stnhbishop of Canterbury; Charles duke of; mind lrei>ly, and not ii.mr the penalty wliuli
cy, he would pardon all and every of thtiii for
it*. And to propound all tliosc mailers to his
majesty, the archbishop of C'anteibury, Charles
duke of SutVolk, with the earl of .Sonthanipr'io,
were deputed fur that purpose." — Junn.iry .*51,
the lord chanceHor (letiared t.> the hon-e,
** That their message and reriui n of yesterday
had been delixered to his nr.ijf-ty by the l'»rds
eommissioners ; ami that the king had denied
no part of their petition, but had orderly grant-
ed every part of it. That he had returned
them thanks for their loving adnit)nitioh in re-
gard to his health ; whirh he said he took rare
of, not so much for the xake of his own body,
as that of the whole repnllir. Nay, his ma-
• Lk'^0' derlarcd further to thein than ihcy tlurst
I 'ask of him, as in the case ofdfMrinj: liberty of
the queen, to treat of this maKer, according as «ervice.'
Ibeir own pnulcnce might think it necesiary." On ihe 1 1th of February, ihe lord chanrf I .t
Anil in the ineso timei the seiitcuce conctniing produced iwo siatnies, i'.iii« ii h»d piisseJ Loili
Vol. I. 4
'2 %i
451] STATE TRIALS, 38 Henry VIII. IS^.-^Trial qf Henry, Barl qf Surrey, [452
lords nnd commons ; one concerning the At-
tainder of' the queen, and the other about the
method of proceeding against lunatics, who he-
fore their insanity had confessed themselves
guilty of high ti-eason. Each statute signed
with the king's own luind, and together with
bis majesty's assent in them, under the broad I
seal, and signed also, which was annexed to
tlie S!tid statutes. This the chancellor held
Ibrth in both hands, that both lords and com-
mons, who were called for that purpose, might
npparcntly see it, and that the statutes might
from thence have tlic full force nnd authority oi'
a law. Which, wlien done, the duke of Suf-
folk, grand master of the king's household, deli-
vered himself, iii a very serious discourse, to
this etFcc; ; he told the houses, ** That he and
his fellow-deputies, appointed to wait upon the
queen, had ucen with her; nnd that she had
openly confessed and acknowledged to them
the great crime she had been guilty of against
the most high God and a kind prince, and
lastly against the whole English nation: That
she Legged them all to implore his majesty not
to impute her crime tilonc to her whole kin-
dred and family. But that his majesty how-
soever unworthy she might be and undeserving,
v^ould yet extend his unbounded mercy and his
singular bencficenco to all lier brotuers, that
they might not suffer for her faults. Lastly, to
bcscccli his majesty that it would please him to
bestow some of her cloaths on those maid-ser-
Tants who had been with her from the time of
bcr marriage, since she had now notliing else
left to recompence them as they Heserv-
ed." The earl oT Southampton, lord privy
seal, next stood up in the house, and, in near
the same words, confirmed what the duke had
said : adding - - - Here the Journal Book
again breaks oft' nbniptly, and we are only
told that the chancellor prorogued the pariia-
ment to the Tuesday foUowmg. This last
hiatus in manutcripto, along witn the former,
makes it seem evident, that they were not done
by neglect of the clerks, but by design ; and
that it was a trick of state, to prevent posterity
from ))eing acquainted %vith some matters, not
consistent with the respect they then paid to
their grand monarch.
And so tlie queen and lady Jano Roclifbrt
(wife to the late lord Rochfort, and noted to be
a particular instrument in the death of queen
Anne) were brought to the Tower, and after
confession of their faults, had their heads cut
off. — An Act also passed, declaring that it shall
be lawful Ibr any of the king's subjects, if them-
selves do perfectly know, or by vehement pre-
sumption do perceive any will, act or condi-
tion of lightness of body m her which shall be
the queen of this realm, to disclose the same
to the king, or some of his council ; bat they
shall not oiienly blow it abroad, or whisper it,
until it be divulged bv the king or his council.
If the king, or any of his successors shall marry
a woman which was before incontinent, if she
conceal the same, it shall be High-Treason,
&c. But this Act was repealed 1 Edward VI.
12. and 1 Mary 1.
38. The Trial of IIenrt Earl of Suukey, for High Treason, before
Commissioners of Oyer and Terminer, at Guildhall, London :
38 Henry Vlll. a. d. 1546; with the Proceedings against
his Father Thomas duke of Norfolk, for the same Crime.
[Lord Herberts Hen. VHI. in 2 Kennett's Compl. Hist. 263.
1 Burn. Reform. 345.]
Extract frcm Lord Herbert's Hen, 8,
I SHALL conclude this year,1 546, with the dis-
aster of the renowned lord tlie duke of Nor-
folk, and the execution of his son Henry the carl
of Surrey, which passed in this manner, as
our records tell us. — Tlie dutchess Elizabeth,
daughter to Edward Stafford duke of Bucking-
hum, having for many years entertained so vio-
lent jealousies of the duke her husband's ma-
trimonial affection and loyalty, as it broke out
at last to open rancour, divers occasions of
scandal were given ; insomuch, that not being
content with having surmi/ed a long wliile
since two Articles agninst him, she again, in
sundry letters to the lord prii-y-seal, both averr-
ed the Articles, and manifestly accused some
of his minions, repeated divers' hard usages slie
pretended to receive from them, and briefly
discovered all the ordinary passions of her of-
fended lex. Thif again being aiged in a time
when the king wos in his declining age, and
for the refctp disquieted with scruples that tlie
duke's greatness or interest in sequent times
might interrupt the order he hitended to give,
was not unwillingly lieard. So tliat nor-
withstaiiding his muny important and (aithfol
services, both in war and peace, at home and
abroad, he and his son Henry earl of Surrey
were ex]K>sed to the malignity and detraction
of their accusers. This again foil out in an
unfortunate time ; for besides that the lad v his
dutchess had now for above four years heen
separated from him ; his son the earl of Surrey
was but newly, and perchance, scarce recon-
ciled with bun; his daughter Mary dutchess
of Hickmond not only inclined to the protes-
tant party, (which loved not the duke) but
grown an extreem enemy of her brother : so
that there was not only a kind of intestine di-
vision ill his fiunily^ but this again manj icsreC
ways fomented.
4j5]
STATE TRIALS, 38 Henry VIIL 1.540.— /or High Treason,
[45+
Araong uliicliy the industry of one Mrs. Ilol-
laody thought to be the duke's favourite, ap-
peared nut a little, as desirous (at what price
soever) to conserve lierseif. Heaides, divers at
(he king*s council disaffected liioi, and particu-
\Ar\y the earl of Holland, as knowing^ tliat after
the kiug*s death (now thouglit to be nainincnt)
none was so capable to oppose him in the place
ic aspired to of protector. All vihich circuni-
staaces concurring, and l>cing voiced abroad,
•iicouraged divers of his luiversuries to declare
tbemselve^; and the ratlier, because it \\as
nutorious, how the king had not only withdrawn
reach of liis wonted favour, but prumiM:d iui-
puoity to such as could dibcuA er any thing cou'
ceming hiin.
The tirbt that manifested himself wns sir Ri-
rhard Southwel, (Dec. 2.) who said that he
kacv certain things of the carl, that touched
liis fidelity to the king. The curl, before the
lord chancellor WriotTieblcy, the lord St. John,
tba eaii ot Hertford, and utlicrs, vehemently
uhrmed liin&self a true man, desirini; to be
trjed by justice, or cUe oifering himsell' to iight
in his sliirt with Southwel. But the lords for
the pre&ent onl^ coimnittcd them. The duke
tkj^ whik;, lieanng hib son was in trouble, sends
tu divers of his friends to know tlie cause, and
paiticularly to the bishop of Winchebter. (Dec.
3, 4.) TImmc letters yet (it is probable) fell into
the kind's councirs hands ; but could not pre-
serve liiin from being involved in his son's for-
tune: (Dec. 12.) so that he was sent for, and
the same day, not long after his son, committed
totlK* Tower. Divers p<'rsons also were exa-
mined concerning his alfairs. Mrs. Elizaheth
Hitliand being defiosed, coiifcsbed, that tlic
duke hiid told her, that none oi' the king's
fuuocil loved him, because they were no no-
Ufmcn born themselves; as alrto because lie
Ulieved too truly in the sacrament of the altar.
Moreover, that the king luvetl hiiu not, because
U was too much loved in his country ; but that
he would follow his father*s lesson, which was,
that the le!»s otliers set by him, the more he
would sot by himself. As also, that the duke
romplained that he was not of the most secict
(or, at it is there termed, the pri^y) council.
And that the king waa much grown of his Inidy,
aad that lie could not go up and down the stairs,
hut was let up and down by a device. And
that his inajesty was sickly, and could not long
endure; and tne reidm like to be in an ill cai>e
through diversity of opinions. And that if \\c
were a young man, and the re:tlm in quiet, he
Would ue»k h^ve to see the vernacle ; which he
laid was the picture of Christ given to women
bj hiins^if as lie went to death. As touching
Ims arms, tl&at she had not heard the duke speak
U his own, but of his son's, that he liked them
QM, and that lie had gathered them, himself
knpw not from wliUice ; and that he placed the
Niir^k's aniis wmu}:, and had fomid fault
with bin ; and thereftirc that she should take
H'j puttern of his son's arms to work thcni
»itli lier needle iu his houM', but as he gave
liKn. Furtb«!ria;>rcy slie confessed that the
, earl of Surrey loved her not, nor the dutcliess
{ of llichmond him ; and that she addicted her-
self much to the said dutchess.
Mary dutchcss of Richmond being examined,
confessed, that the duke her father would have
had her marry sir I'homas Seymour, brother to
the earl of Hertford, which her brother also de-
sired, wishing her w ilhal to endear herself so
into the king's fitvour, as she mi«;ht the better
j rule here iis others hud done ; and that she re-
fused : and that lier father would have had the
enrl of Surrey to have matched with the ear^
of Hertford's daughter, which her brother like-
wise heard of (and that this was the cause of
his father's displeasure) as taking Hertford ti>
be his enemy. And lliat her brother was so
nmch incensed ugaiiist the said earl, as the
duke his father said thereupon, his son would
lose as much as he hadgiithered together.
Moreover, that the enrl lier brother should
say, these new men loved no nobility ; and if
God called away the kin^, they should smart
for it. And th:;t her brother Inted them idl
since his being in custody in Windsor-Castle :
but that her father sei-med not to care for their
ill will, saying his truth should bear him out.
Concerning arms, she said, that she thought
that her brother had more than seven rolls ;
and that some, tluit he had added more of An-
jou, and of Lancelot t Du-lac. And that her
father since the attainder of the duke of Buck-
ingluim (who bare the king's arms) where tlie
arms of her mother (daughter to the said duke)
were rayiK'd in his coat, hud put u blank-quarter
in the jilace, but that her brotlier liad re-as-
sumed them. Also that instead of the duke's
coronet, was put to his arms a cap of mainte-
nance purple, with powdered furr, and with a
crown to her judgment, much like to a close
crown ; and underneath the arms was a cipher,
which she took to be the king's cipher, lilt.
As also thai her father never said that the king
hated him, but his counsellors; but that her
brother said, tlic king was displeased with him
(as he thought) for the loss of the great jour-
ney. Which displeasure, he conceived, was
set forward by them who hated him, for setting
up an altar in the church at Boulogne. And
that her brother shoidd say, God loni; save my
father's life ; fur ii' he were dead, they would
shortly have my head. And that he reviled
some of the present council, not forgetting the
old cardinal. Also that he <lissuade(i her from
going too fur in reading the scripture. Some
passionate words of her brother she likewise re-
> peated, as lUso some circumstantiol speeciies,
I little for his advantage; yet so, as they seemed
much to clear her futlicr.
! Sir E<hnund Knevrt )>eing exaniineii, i^aid,
I lie knew no untruth directly by the tarl of Sur-
rf:y, but suspected him of dissimulation and
vanity; and that a servant of his had been in
Italv with cardinal L'oole, and was received
afiam at his return. Miu'tover, that he kept
one l\isf|i>il an lt:ilian as a jester, but more
likely a spy, and so reputed. ]iu mentioned
also one Peregrine an Italian entertained by
455] STATE TRIALS, 38 Henhy VIII. \5^6.-^Ttial of Henry, Sari qf Surrty, [450
tbc ^aid <;arl ; mliliiii;, that he loved tu C(fii-
\vr6,i with stp».i»gei>, and to coiifonn his bth;i-
viour to iljc.'ii. AfiJ that he thought he hnd
therein some great ill device.
One Tlioinas Pope.r.!;M) infonned thecotincil,
that John Frccmuii told him, thut the duke (nt
Nottin<:h-Mn, hi tiie liiDe of tiic commotion of
the North) shoidd btiy, in the piesencc of an
hundred persons, ihat the Act of Uses wa?* the
worst art that ever \v:is made, and that Free-
mnn aniri:icd those words before the lord
Audeh y, h»te lord chancellor. These Dej.'o-
sitiors together with others (as it secniN) teinp
bn>n«;ht to the kinj;'s Judges at Norwich, they
signified by their letter unto tijo h)rds of the
council, dated Jan. 7. tliat the kin!»\ s>oIitiit)r
and Mr. Stamford had broni^hi thelndictmfnis,
and that they were tbuiid true, aud the duke
and his son indicted thereupon of Iligh-Trea^on ;
and that they made haste to brini; the said in-
dictmeiit to Jjondon ; desiring further to know
whelliersirThumas F*Pston, sir Kdmimd Kntver,
sir John l*oer, and others, should be of the
same jury. Upon t!ie 13lh (the king luinsi
now dangerously sick) tlie rarl of Surrey was
arraigned in Guild-hall in London, before the
Ion I chancellor, the lord mayor, and other c<)m-
inisfioners. Where the earl, as he was of a
deep understandin;;, sharp wit, and deep cou-
rage, defended himself many ways: sometimes
denying their accusations as false, and to^^ether
weakiiing the credit of his adversaries; some-
times interpreting the words he said, in a far
ether sense than that in which they were re-
]^resented. Tor the point of bearing his anns
(amoni; which those of Kdnmnd the Confessor
ore related) alleflging that he had the opinion
ofherahis tlierein. And finally, when a wit-
ness was bronjiht against him vim voce, who
]tretcnded to repeat some high words of the
earl's by way of di&conrso, which concerned
him nearly, and that thereupon the said wit-
nc.-i« shoidd return a braving answer; the earl
rcplyed no otherwise to the jury, than that he
lelt it to them to judge, whether it ^\ ere proba-
ble t}iat this man shouhl spt-ak thus to the earl
ofSiirrey, and he nr>t strike him again. In
conclusion, he pleaded XotC.iuiltv: but the jury
(which was a common inquest, r.ut of the peers,
because the earl was uat a parliament lord)
condemned him. Whereupon also jud-^mcnt
of death wa^ given, and he beheaded at '1 V.vcr-
hiU. And lliiis v.ndvd the earl ; a man learned,
and of an excellent Ttir^ as his compositions
shew.
This while tlie king (though his sickness in-
creased) omiired njii to give order to seize on
the duke*s gooch, and togetl :t to inform him-
self of all which might be material against him.
Not forgetting also to cause Wrioihesley to ad-
vertise the king's aml>nssadors in foreign parts,
that tliedukc of Norfolk and his son had con-
spired Ut take upon them the gt^ eminent of
the king, during his maje:*iy*s life, as alto after
hii death to get into their hands the lord prince ;
bat that their devices were revealed, and they
eoiuafiued to the Tower. And that for pre^
venting uncerUiin bruits, they were willing to
comnumicate the premisses. But the duke,
who had now as much merit of ancient service
to plead for him, as any subject of his time
could pretend to, thought til (Jan. 19.) from
the Tower, to write unto the king in this
manner.
" Most gracious and most 'sovereign lord.
I your most humble subject prostitute at your
feet, do must lamibly beseech your highness
to be my good and gracious lord. I nni sure
some great enemy of mine hath informed your
majesty of some untrue matter aeainst me.
Sir, (>od doth know, in all my liie I never
thought one untrue thought against you, or
voiir succession, nor can no more judge or cast
m mv mind what should be laid to mv cliarze,
than the child that %vas br>rn this night. And
ceitainly, if I knew that 1 had ofleuded your
majesty in any point of untruth, I l^ould de*
dare the same to your highness. But (as God
help me) I cannot accuse myself so much as in
thought. Most noble and merciful s4>vereign
lord, for nil the old service I have done you in
my life, be so good and gracious a lord unto
me, that either tnv accust^r^ and I toj^ether may
' be brought before your royal majesty; or if
I your pleasure shall not be to take thut pains,
: titen before your council : then if I shall not
make it apuareiit that I am wrongfully accused,
lot me, witnout more respite, have punishment
according to my deserts: Alas ! most merciful
prince, I have no refuge but only at your hands,
and therefore at the reverence of Christ's pais-
sion have pity of nie, and let me nor be cast
away bv false enemies intbrnuitions. Undoubt«
ediy, I know not that I have oAended any man,
or that any man was oftended wi»h me, unless
it were such as are angry with me i'or being
quick against such as have l>een accused for
sacramentaries. And as for all causes of reli-
gion, I say now, and have said to your majesty
and many others, I do know you to be a prince
of such virtue and knowledge, that whatsoever
laws you have in times past made, or hcreat'ter
shall make, I sliull to the extremity of my
f)o\ver stick unto them as long as my life shall
ast. So that if any man be angry w ith me lor
these causes, they do me wrong. Other cause
i know not why any man should l>ear me any
ill-will : and for tins cause I know divers have
done, as doth appear by casting libels abroad
agiiinst me. Finally, (most gracious sovereign
lord) I most humbly beseech your majesty to
have pity of me, and let me recover your graci«
ous favour, with taking of me all the lands and
good."! I have, or as much thereof as pleaseth
your highness to take, leaving me wluit it shall
please you to appoint ; and that according as
IS before-written I may know what is laid to
my charge, and that 1 nuty hear some com-
fortable word from your majesty. And I
shall, duiiiig my lite, pray for your prosperous
estate, long to endure. Your most sorrowful
subject, Tau. Norfolk.''
I'o tlie lords he wrote thos :
" Item, Most humbly to beseech, mj lords^
457]
CTATE TRIALS, "38 Henry VIII. 15iC.—/or High Treason.
[i55
that I might have some of the books that are at
Lambeth ; fnr unless I may have books to read
ere I fall on sleep, and' af^er I wake again, I
cannot sleep, nor did not this dozen years.
Also to desire that I might have a ^liobtly
father tent to me, and that I might receive mv
Maker. Also that I might have mass, and to
be bound upon my life to speak no word to
him that shall say mass, which he may do in
the other diamber, and I to remain within.
Item, To have licence in the day-time to walk
in the chamber witlnut, and in the night to be
locked in, as I am now. At my Hrst coming
I had a chamber without a-davs. I would
gladly have licence to send to liondon to buy
one book of St. Augu5tin*s, Dc Civitate Dei ;
and of Josephus, De Antinuitatibus ; and ano-
ther of Sabellicus ; who doth declare most of
any book that I have read, how the bishop of
Rome from time to time hath usurped his
power against all princes, by tlieir unwise suf-
ferance. Item, ror sheets.''
NevertheleN, the duke remained as con-
demned Vi perpetual prison, without that his
great services formerly rendered, or his submis-
sion on this occasion could restore him ; wliich
was in these words, as I find by our Records in
an orignal.
'' I Thomas duke of Norfolk, do confess and
acknowledge myself most untruly, and contrary
to my oath and allegiance, to have offended the
king's most eicellent majesty, in the disclosing
and opening of his privy and secret counsel, at
divers and sundry times, to divers and sundry
persons, to the great peril of his highness, and
disappointing oi his most pnident and regal af-
fairs. T. N.
" Also, I likewise confess, That I have con-
cealed high treason, in keeping secret the false
and traiterons act, most presumptuously com-
mitted by my son Henry Ilowara earl of Sur-
rey, against the king's majesty and his laws, in
the putting and using the arms of St. Edward
the Confessor, king of the realm of England be-
fore the conquest, in his ^utchion or arms :
Which said amis of St. Edward appertain only
to the king of this realm, and to none other
penon or persons ; whereanto the said earl by
no means or way could make any claim or
title, by me, or any of mine or his ancestors.
T.N.
*' Also I likewise confess. That to the peril,
slander, and disinherison of the king's majesty,
and his noble son prince Edward, his son and
beir apparent, 1 have against all right, unjustly,
and without authority, bom in the first quarter
of my arms, ever since the death of my father,
the amu of England, with a difference of the
labels of silver, which are the proper arms of
my said prince, to be born for this realm of
England only, whereby I have not only done
mndice to the king's majesty, and the said
lord the prince, but also given occasion thatf his
highness might be disturbed or interrupted of
the crown of this realm, and my said lord
prince might be destroyed, disturbed, and iii-
tonrapted in fame, body, and title of the inhe-
ritance to the crown of this realm. Which I
know and confes5, by thehiwb of the realm, to
be hi^h treason. T. N.
** For the which niv said heinous offences, I
have worthily deserved by the laws o\' the
realm, to be attainted of high treason, and to
suffer the punishment, losses and forfeitures
that appertain thereunto. And although I he
not worthy to have or enjoy any part of ilie
king's majesty's clemency and mercy to he ex-
tended to me, considering the great and mani-
fold benefits that I and mine have received of
his highness : Yet I most humbly, and with a
most sorrowful and repentant heart, do beseech
his highness to have mercy, pity, and compas^
sion on me. And I shall most devoutly and
heartily make my daily prayer to God tor tlic
preservation of his most uoblc succession, as
long a9 life and breath shall continue in me.
T. N."
" Written the twelfth day of the month of
January, in the year of our Lord God 1546,
after the computation of the church of England,
and in the thirty-eighth year of our sovereign
lord Henry 8, by the grace of God king of
Eneland, France, and Ireland, defender of the
faith ; and of the church of England, and also
of Ireland the supream head. In witness of all
the premisses, I the said duke have subscribed
my name with my own hand, in the presence
of the lord Wriothesly, lord chancellor ; the
lord St. John, lord president of the council ;
the earl of Hertford, lord i;reat chamberlain ;
the viscount Lisle, lord bit2,h ndmind ; sir An-
thony Brown, master of the horse ; sir Wil-
liam Paget, secretary ; sir Richard Rich, sir
John Baker, of our saiil sovereign lord's privy-
council ; sir Richard Lister, sir Edward Monta-
gue, the two chief justices.
" Without compulsion, without force, wiili-
out advice or counsel, I have and do subscribe
the premisses, submitting me only to the king's
most gracious pity and mercy, most humbly be-
seeclung his highness to' extend the same unto
me his most sorrowful subject. By ine Tho.
Norfolk. Thouias Wriotht?sly, chancellor;
William St. John, John Lisle, William Paget,
John Raker, E. Hcrttord, Anth. Brown, Rich.
Rich, Rich. Lister, Edward Montague.''
Notwithstanding all w hich Submission, join-
ed with the merits of his services, it was thought
that the duke would hardly escape, IkuI not
the kiiig'h death, following shortly after, re-
served him to more merciful times.
Extract from 1 Burn. lit; format, p. 315.
The duke of Norfolk had been long lord
treasurer of England : he hud done great ser-
vices to the crown on many signal occasions,
and success had always accompanied him. His
son the carl of Surrey was also a brave and
noble perscm, witty and learned ro an high dtv
grce, but did not command arniies with such
success. He was much provoked at the enri
of llertfords biMng sent over to France in his
room, and upon that had said, * that within a
little while they should smart for it ;' with 8om«
otlicr expression that snvourcd of revcngf*, and
dUliLe oi* ilic king and n liatrod of the coiin-
iellors. Tlie duke of Norfolk l>iid endeavoured
to ally liiuiscir \o tiic cnrl of Hertford, and to
his brother hir Titomas Seinioiir, perceiving how
much they were in the klnur's favour, and how
great an interest they were like to Iiu\e under
the sucreeding prince; and therefore would
have engaged his son, hciii|: thou u widower, to
marry that earl's daughter : and pressed liis
daughter, thedurchess of Kichmond, wichjw to
the king's natural son, to niarr> sir l'h:>iiiri9
Scimour. But though thn carl of .Surrey ad-
Tiscd his sii>tcr to ilie niarriage projcded fur
her; yet he would not consent to that designefl
for himself, nor did tlie proposition about his
sister lake eHcct. The Seiinours rould not but
sec the enmity the carl of Surrey bore them,
and they might well be jealous of the greatness
of that family; which was n(»t only too big for
a subject of itself, but was raised so high by
the dependence of the whole popish party,
botlk at home and abroad, that tliey were like
to bo very dangerous competitors for the chief
government of affairs, if the king were onco out
of the way ; whose disense was now growing
so fast upon him, that he could not live many
weeks. Nor is it uidikely that they pcrsuudecl
tlie king, that if the earl of Surrey shouhl marry
the lady Mary, it might embroil his son's govern-
ment, and perhaps mine him. And it was sn^-
gested, that be iiad some such high project in his
thoughts, both by liis continuing unmarried,
and by his u^iiig the arms of Kdward the Con-
fessor, wliicli of late he had given in his coat
without n diminution. But to compleat tJie
duke of Norfolk's ruine, hi.;» dutclicss, who had
complained of his using her ill, and had l>cen
separated from him about four years, turned
iutormer against him. Ilis son and daughter
were also iu ill terms toj^cther. So tlic sister
informed all that site could against her brother.
And one Mrs Holland, for \%hom the duke was
believed to have an unlawful aflfection, disco-
vered all she knew. l)ut all amounted to no
more, than some passitmate expressions of the
son, ;md some complaints of the father, who
thought lie was not beloved by tlie king and his
councellors, and that he was ill used, in not
being trusted viith the secret ofallairs. And
all persons being encouraged to bring informa-
tions against them, sir UichanI Southwell charg-
ed the earl of Surrey in some points that were
of a higher nature: wliich the earl denicrl, and
desired to be admitted, according to the mar-
tial law, to fi^ht in his shirt with Southwt U.
But that not being granted, he and his futher
were committcl tu the Tower. That which
wa<i most insisted on was, their giving the arms
of Edward the Confessor, whirl) woi'e only to
be given by the kingb of England. I'hi^' the |
earl of Surrey jnstiiicd, and said, tliej eave
their arms, acconling to the njiinion of the
king's iieraulds. But all excuse<i availed mi-
thing, fur liis father and he were designed to lie
destroyed, upon reasons of state; for whichy
•ome coloun were to be found out.
5 16.— Trw/ qf Henrify Earl qf Sumy, [4(K)
The earl of Surrey being but a commoner,
was brought to his Tryal at Guildhall ; und put
upon an inquest of commoners consisting of
nme knights and three esquires, by whom he
was found guilty of treason, and liad sentence
of death passed upon liim, which was executed
on the iOth of January at Tower-hill. It was
gcnernliy condenmed, as an act of high injus-
tice and seventy, which loaded the Seimours
with a popular odium that thev could never
overcome. Ho was much pitied, being a man
o{ great parts and high couragCi with many
other noble quahties.
But the king, \i ho never hated nor mined
any body by h:dves, resolved to compleat the
misfortunes of that family, by the attainder of
the father. And as all his eminent services
weie now forgotten, so the submissions he
made, could not allay a displeasure, tliat was
only to be saiiafied witli his life and fortune.
He wrote to tlie king, protesting his innocency;
** That he had never u thought to his preiu-
dice, and couM not iniegine what could be laid
to his charge : he had spent his wlioie life in
his sen ice, and did not know that ever be had
offended any person ; or tliat any were dis-
pleased with him except for prosecuting the
breakers of the act about the sncrdment of tlie
altar. But in tlmt, and in every thing else, as
he had been always obedieut to the kings laws,
so he was resolved still to obey any laws he
should make. Ho desired he might be exa-
mined with his accusers face to face, before the
king, or at least before his council; and it' it
did not appear that he was wrongfully accused,
let him be punished as he deserved. In con-
clusion he bcg«jed the king would liavc pity on
him, and restore him to his favour; taking all
his lands, or goods from him, or as much of
them as he pleased.** Yet all this had no ef-
fect on the king. So he was desired to make a
more formal submission ; which he did on the
]2lh of January under his hand, ten privy
councellors being v^ituesses. In it he con-
fcsseil, *' Ibt, his discovering tlie secretb of tlie
king's councel. 3dly, his concealing his son's
treason, in Ui»ing to give the arms of St. Edward
the Confessor, which did only belong to the
king, and to which bis son had no right. Sdly*
that he had ever since his father's death, boni
in the first (quarter of his arm<(, the anns of
England : with a difference of the labells of
silver, tjiat are the proper arms of tlie priuct ;
which was done iu ])rejudicc of tlic king aud
tlie prince: and gave occasion for disturbui|g
or hiterrupting the succession to the Crown of
the realm. This lie acknowledged was high
treason ; he confessed he deserved to be aC-
tuinte<l of High Treason ; and humbly becflCfl
the kings mercy and compassion." lie yiei(i«d
to all tliis, liopiiig by such a suhmission and
coni[)liance to luive overcome the king's dia-
pleasure. But his expectations failed him.
A I'arliament was called, the reason wbeivof
was pretended to be tlie cornnatioa of iba
prince of Wales. But it was tlKHi|(ht the true
cause of tli€ calling it, was^ to alUunt the dvke
4^1]
STATE TRIALS, 3S IIenrt \
of Nor^k : for which tlicy hnrl not colour <
ciniii^h, to do it in a iriul by Uih peers. There- ;
fore an attainder bv act of parliniueiit was i
thought f)ie belter way. So it was moved, that I
t)]e king intcndini; to crown his sun, prince of ;
Wulesy desired they would go on with all pos- ;
fible baste in the aitninder of the duke of Nor- !
folk; that so tliei*e places," which hu held by !
patent, might be disposed of hy the king to '
Mich as lie thought tit, wlio should assist at the i
coronation. And upon this slight pretence, ;
itoce • better could not be found, the bill of ;
Attainder was read the first time on the IBth
of January ; and on the 19th and SOth it was
read the second and third time. And so passed
in the house of lords : and was sent down to
the commons, who on the 'Mth sent it up also
passed. On the 37th the Jonls were ordered
10 be in their robes, that the myal assent mi(;ht
be given to it : which the lord chancellor,
with somie others joined in eoinniission, did
give by virtue of the king's letters patents.
And it bad been executed the next morning, if
the king*s death had not prevented it. Upon
what grounds this attainder was tpunded, I can
only give this account from the S4th act of the
first parliament of queen Mary; in which this
act is declared null and void, by the common '
liiw of the land ; for I eannot find the act itself ■
upon record. In tlie act of repeal it is said, ■
** That there was no special matter in the act {
of attainder, but only general words of treasons
and conspiracies ; and that out of their care of
the preservation of the king and the prince,
they passed it. But the act of repeal says also,
Thzt the only tiding with which he was charged,
»ns, for bearing of arms which he and his an-
cestors had bom, both within and without the
kingdom ; both in the king's presence, and in
thesi^htof his progenitors; which they might
Uwfullj bear and give, as hy good and bubsiau-
tiaJ matter of record it did appear. It is also
added, that the king died after the date of the
commission. That the king only empowered
them to give liis assent, but did not give it
himself; and that it did not appear by anv re-
cord, tlrnt they pave it. That the kint; li'iA not
lign the commission with his ovin hand, liis
itamp being only set to it, and that nut to the
appefy but the nether part of it, contmry to
the kine*s custom." All these particulars
though deared afterwards, I mention now^ bc-
cauie they give light to this matter.
As soon HS the Act was passed, a warrant
was sent to the lieutenant of the Tower, to rut
olfhis head the next morning; but the king
dying in the night, the lieutenant could do no-
thing oti that warrcmt. And it seetns it was
not ihooght adfisable to begin the new king's
rei^ with such an odious execution. And thu^
the duke of Norfolk escaped very narrowly.
Extract from 3 burn. Reformat, p. 167.
Tilt last trnnsnction of importance in thi«i
rei^, was the fall of the duke of Norfolk, and
of the earl of Surrey, his son. f find in the
CouDcil Uook| in the year 1543, tbat the earl
III. }5AA.— for High Treasoti. [.t6«
was accused for eating flesh in Lent, without
licence ; and for walkinf: about tlie streets in
the ni^ht, throwing stones against windovts, fur
which he was sent to the Fleet. In another
letter, he is complained of fur riotous livinir.
Towards the end of the vear 1546, both he and
his father were put ni prison : And, it seems,
the council wrote to all the king's ambassadors
beyond sea, an account of this, much ac^ra-
vated, as the discovery of some very dangerous
conspiracy ; which they were to represent to
thoi'e princes, in very black characters. I put
in tlie collection an account given l)y Thirlby,
of what he did upon it. The letter islon^;
but 1 only copy out that which relates tu this
pretended di*icovcry : Dated from llailbron, on
Christmas-day, 10-1(3.
'^ lie understood by the couiicirs letters to
him, what ungracious and in^^rateful persons
they were found to be. He pn^ltssc^, he ever
loved the father, for he thought iiini a true ser-
vant to the kint: : Ho says, he was amazed at the
matter, and did not know what to say. God
had not only on this occasion, but on many
others, put a stop to treasonable designs against
the king, who (next to God) was the chief com-
fort of all good men. He enlarges much on
thesubje<;t, in the stile of a true courticT. The
messenger brought him the councirs letters,
written on the ir»ih of December, on Christ-
mas-eve ; in which ht* saw the malicious pur-
pose of ihesp two ungracious men : So, accord-
mg to his orders, he went immediately to de-
mand audicnr-c of the emperor; but the em-
peror intended to repose liimsclf for three or
four days, and so had refused audience to the
nuncio, and to all other ambassadors; but he
said, ho would send a secretary, to whom he
misht communicate his bTlsintr^^. Jovce, his
secretary, coming to uim, he set forth the mat-
ter as ponipoufily as the council had represented
it to him. In particular, he spoke of the
haughtiness of the eiirl of Surrey, of all which
ll»e secretary pronii>efl to ninke report to the
emperor, ;*.nd likewise to write an account of
it to Cirand\il. Tliirlby excuses himself that
he durst not write of this matter to the king :
He thought, it would reninv in him the memory
of the iM<;ralirii(ie of these persons, wtiicli must
' wound a n.)hLe lieart."
I Ailer 5'i black a representation, great mat«
i ters might be expected : but I have met with
I an orignial letter of the duke of Norfolk's, to
I the lonis of the council, writ indeed in so bad
a hand, that the rcadiiii;it wns almost as hard
as deciphering. It iri^'cs a very different ac-
count of that mntrcr, :ii lirasl witli relation to the
father. ** He writes, thai the lord great cham-
berlain, and the secrctaiy of state, had exa-
mined him upon divers particulars: the first
was, Whether he had a cypher with any man ?
He said, he had never a cypher uith any man,
III It suih as he had for the ivinL:*s atVair:s, when
he was in his s«'mI('l'. And he ih-es not re-
mcinbei- that ever he v\r«>tc in cypher, except
when lie was in IVance, with the lord great
master that now is, and the lord Rocfatord:
407] STAl'E TRIAl^, Henry Wlh^Proceedwg* agaimt Varum Ptrwns [468
but at such time as I wns in France ; my lord
grcKit master that now is, aiid mj lord of Roch-
t'ord being in commission wiih me. And whe-
ther 1 wrote an J then, or not, as God hcdp me,
I do not remember; but and I wrote any tiling,
I am sure both their hands were at it; and the
master of the horse privy to the same. I do
remember that after the death of the bishop of
Hereford, Fox, it wns shewed me that the said
bishop had left a letter, which I had scDt him,
amongst his writings, which being found by u
servant of his, that is now with master Deny,
who shewd the same to the bishop of Durham
that now is, he caused him to throw tlie same
in Her, As I do remember, it was my said lord
bibhop of Dureham that advised him to burn it;
and as I also do remember, the. matter that was
Gonteyncd therin, concerned lewde speaking of
the ^fo^thern men after the time of Uie como-
tion against the said Cromwell. If there liad
been any thyng concering the king's ms^esty's
afiairs, neyther the bishope, nor lie, were he
now aiyve, would not have concealed the same;
nnd whether any part of that was in cypher, or
not, as I sliall il^swer to God, I do not remem-
ber.— ^The effect of another question, there abked
me, was, as near as I can call to my remem-
brance, whether anie roan had talked with me,
that and ther were a good peace made betwene
the king^s majestie the emperor and the French
kin^, the bishope uf Rome would brek the same
aj^me by his oispcosation : And whether I en-
dmed that waies, or not, to tliut purpose? As
God help me now, at my most node, I cannot call
to my remembrance, that ever 1 heard any man
living speak like words. And as for mine incli-
nations, that the bishope of Rome should ever
have aucthority to do such thing ; if I liad twentie
lives, I would rather have spent them all against
him, then ever he should have any power in
this realme. For no man knowetb that better
then I, by reding of stories, how his usurped
|K>wer hath increased from time to time. Nor
■nch time as the king's majestie hath found him
his enemy, no living man hath, both in his liarte
and with his tounge, in this realme, in France,
and also to many Scotish jantlemen, spoken
more sore against his said usurped powre, then
I have done, ns I can proi'e by good witnes. —
Also my said lord and Mr. Secretary asked me,
whether I w:ifl ever made privy to a letter, sent
from my lord of Wynchestcr and sir Henry
Knevct, of any overture made by Grandville to
them, for a way to be taken between his majes-
tic and the bisliopc of Rome ; and that the
said letters should nave come to his majestie to
Dover, I being there with him. Whcrunto this
is my true answer. I was ne\'er at Dover with
his hi^huos since my lord of Richmond died,
but at that time, of whose death word came to
Syttvngbonie: and as God be my belpe, I never
lieurd of no such overture, save* that I do well
remember, at such time Uk sir Francis Biryan
was sore sike, and like to have died, it was }ipf>-
ken in the councill, that mv lord of Winchev-
ler should have said, he cnuld devise a way,
how the king's miyesue might have all ihingi
upright witli the said bishope of Rome, and his
highnes honour saved. Suche were the words,
or much like. Wherupon, as I had oilen said
in tlie councill, one was sent to the said sir
Francis, to know, if ever he heard the said bi-
shope speake like words ; which he denied : aad
as I do remember, it was sir Hauf Sadeler,
tlmt was sent to the said sir Francis. And
to say that e\'er I heard of any such over^
ture made by Grandville, or that ever I com-
moned with any man coDserning any suck
mater, other theu this of the bishope of Win*
Chester, as God be my help, I never dyd ; nor
unto more theiine this, I was never prevye.—
Now, my good lords, having made answer ac-
cording to the truth of such questions as hath
been aaked me, most humblie I beseedie you
all to be mediators for me to his most excellent
majestie, to cause such as have accused me (if
it might be with his high pleasure) to come
before his majestie, to lay to my charge afora
me, face to mce, what they can say against
me : and I am in no dout, so to declare my
selfe, that it shall appere I am Iklsly accuira.
And if his pleasure shall not be, to take the
painc in his royall person, then to sive you
commandment to do the same. My lords, I
trust ye think Cromwell's scnice and mine
hath not be like ; and yet my desire is^ to have
no more favour shew*de to me, than was
sbew'de to him, I being present. He was a
fals man ; and sewerly 1 am a trewe poore
jantleman. — My lords, I think surelie there is
some fals man, tliat have laid some great cause
to my charge, or else) I had not be sent
hitlter. And therefore, eftsonyts most humblie
I beseechc to 6ude the names, if they and I
may not be brought face to face, yet let me be
made privy what the causes are ; and if I do
not answer truely to every point, let me not
live one howre after. Fur sewcrlie I would
hide nothine of any questions that I shall
know, that doth concern my self, nor any other
creature. — Mv lords, there was never gold
tried better by fier and watter then I have
been, nor hath had greater enemys about my
sweraign lord, then 1 have had ; and yet (Goci
be thanked^ my trout h hath ever tried me, as
I dout not It shall do in theis causes. Suerly^
if I knew any thought I had offended his ma*
jestie in, I would suerlv have declared it to
his person. — Upon the Tuysdaye in Whitson-
week last past, I broke unto his majestie,
moste humblcv beseeching him to helpe, that
a manage might be had between my daughter
and sir Thomas Semour ; and wheras my son
of Surey hath a son and divers daoghters;
that, with bis favour, u crotve maria^ might
have been made between my lord great cbam-
berline and them: and also wber my son
Thomas hath a son, that shidi (be his mothtr)
spend a thousand marks a yere, that he might
be ill like wise maried to cme of my said lofd*s
daughters. I report me to yimr lordJiips,
whether myn intent was honest in this motioB,
or not. And whereas I have written, that my
truth bath been severely tried, and that I fa«va
4W] STATE TRIALS, Hesby VIII.— >br denying the King's Stqtrmacy. [iTO
had gremi enemies. Firar, The cardinnll did
confes lo me ec AsMr, that lie had gone about
fourteen yean to have debtroyed me ; saying,
be did the eame hy the setting upon of my IokI
of Su0blk| the marquis of Exeter, and and my
kMfl Sands; who said often to him, tliat if he
found not the means to put me out of the iray,
at length I should seuerly undo him. — Crom-
welly at such tyme as the marquis of Exeter suf-
fred, examined his wife more streitlyof me, then
of all other men in the renlme, as she sent me
word b^ her brother, the lord Montjoy. He
hach said to me himself many times, my lord,
;e are an happy man, that ^our wife knoweth
10 hart by you ; for if she did, she would undo
jou.^-The duke of Buckingham confessed
epenly at the bar, (my father sitting as his
jndge) that of all men hving he hated me most,
dunking I was the man that had hurt him mo&t
to the king's majestie : whidi now, quoth lie,
1 perceive the contrary. — Rice, who had
■aried my sister, confessed, that, of all men
livings he hated me most; and wished many
times, bow he might find the meanes to thrust
kis dagger in mc.— What malice both my
BMCis, that it pleased tlie king's hi^hnes to
Burie, did hereunto me, is not unknown to
ach ladief as kept tliem in this sute ; as my
lady Uerberd, my lady Tirwit, my lady Kyn-
itoii| and others, which heard what tliey said
of me. Who tried out tlie falsliod of the lord
Darcy, sir Robert Constable, sir John Bulmer,
Aske, and maiiy otliers, for which they suffered
for? hut only I. Wiio bhewed his majestie of
the words of mv mother-in-law, for which she
was attainted of misprision P but only I. In
all times past unto this time, I have shewed my
self a most trewe man to my sovereign loro.
And since these things done in tymes past, I
have received mo/e proffight of his higbnes,
then ever I did afore. Alas ! who can think
thnt I, having been so long a trew man, should
now be false to his miyestje ? I have received
more proffight then I have deserved : and a
poore man, as I am, yet I am his own near
kinsman. For whose sake should I be an un-
trewe man to tliem ? Alas, alas, my lords, that
ever it should be thought any ontnitlie to be
in me. — Fynally my good lords eflsonys most
humble I beseech you to shew this scnble let-
ter to his majestic, and nil joyntle to beseech
his higbnes to graute nie the peticions that are
conteyned in the same, and most especyall to
remyt out of his most noble gentle hart such
displeasure as he hath conceived against me :
nud I shall dewryng my l^ff pray for the con-
tinuence of his most royail estate long to en-
dure: By his highnes poor prisoner, T. Nob-
folk."
39. Proceedings against Various Persons in the Reign of Hen. VIIL
for Treason, in denying the Kings Supremacy ; and other
capital Crimes, principally relating to Religion. [1 Rum.
Reformat 3^1.]
['* Bishop Burnet closes the first volume of liis
History of the Reformation with a huimnary
iGOOunt of various Trials and Attainders, in
the reign of Hen. 8. in order to exhibit at
oae view the severities practised by tliat
prince against the popish party; we therefore
flatter ourselves^ that our insertion of this
part of th«i Bishop's work will not be deemed
foreign to (^ present undertaking. It is
obser\'able, tliat, tlu>ugh by the Bisliup*s own
acknowledgment^ the king's severity to the
Popish party furnishes great ground for just
censure; and though he states many in-
stances of violating the first principles of
justice luid humanity ; yet he denies, that
there is any thing to justify all the clamours
of the Roman Catholics against liis memory,
insisting too, that bis cruelties were far short
both in number and degree of those in queen
Mary's reign. But reaUy this is writing too
landerly of Henry; for these is not only
grievonsy but almost equal cause to detest
the memories of botli him and Mary, the
barbarities exercised in the reign of each
being too numerous to leave room for much
distinctioa bcxween tliein. When two
princes both with characters of so dark a
■mpleccioo are to be deliaeated| it calls for
very nice touches to discriminate them in tluK
colouring.'' Ilurgrave.]
In tlie Utter part of his reign, there were
many things that seem great severities, espe-
cially as they are represented by the writers of
the lioman party ; whose relations are not a
little strengthened by the faint excuses, and
the mistaken accouuts, that most of tl»e protes>
lant historians Imve made. The king was na-
turally impetuous, and could not bear provoca-
tion; the limes were very ticklisli ; his subjects
were generally addicted to the old supenttition,
especially in the northern parts ; the monks
and friers wei-e both numerous and wealthy ;
the Pope was his implaca^ile enemy ; tlie em-
peror was a formidable prince, and being then
master of all the Netherland-t, had mauy ad-
vantages for the war he designed aguin*»t Eng-
land. Cardinal Pole, his kinsman, was going
over all the courts of Christendom, to perswude
a league af;aiiist England ; as being a thing of
greater necessity niid merit than a war against
the Turk. Tliis being, without the least aggra-
vation, the state of aflfairH at that time, it must
he confessed he was :>orc put to it. A Mipcr-
stition tliat was so blind and headstniu};, and
eaeiuies that were both so powerful; so tpite-
471] STATE TRIALS, Hesby Xllh^-'Proceedintis againsi Various Pk:rsons [172
fill, and so industrions, made rigour necessarj :
nor is any gencrnl of an »nny more concerned
to deal severrly widi spies unii intelligenccrb,
than he was to proceed n^siinst ail the popes
adhere iit«, or such as kept a correspondence
w'irh pole. He had ob>ervetl in history, that
upon much less provucatimi than himself* had
given, not only sevend emperors and t<)rrcign
princes had been dispossessed of iheir donti-
II ions ; hnt iwd ot* his own ancestors, Henry the
3d and king John, had been driven to great ex-
trinities, ami foiccd to unusual and most in-
dtcent subm'Siiions by the means of the popes
and their clergy. — The Pope's power over the
clergy was so absolute, and their dependence
and obedience to him was so implicite ; and
the popish clergy had so great an interest in
tlie superstitious multitude, whose consciences
Chey governed, that nothing but a stronger pas-
sion could either Came the clergy, or quiet the
people. If there had been the least hope of
impunity, the last part of his reign would have
been one continiicd rebellion; therefore to
prevent n more profuse effusion of blorxJ, it
seemed ncce<Bary to execute laws severely in
sonie particular instances. — Th^re is one ca-
lumny that runs in a thread through all the
Historians of the Popish side, which not a few
of our own have i<;norantly taken up ; tliat
many were put to death for not swearing the
kiog'b supremacy. It is an impudent fal&hood ;
for not so nuich as one person suffered on that
nccouut; nor was there any hiw for any such
oath before the parliament in the 28th year of
the Ling's reign, when the unsufferable Bull of
Pope Paul the 3rd, engaged him to look a little
more to his own safety. Then indeed in the
Outh for maintaining the Succession of the
crown, the subjects were renuired, under the
pains of Treason, to swear that the king was
Suprcam Ilrnd of the Church of Kngland ; but
that n:is not mentioned in the former Oath,
that uas made in the 26ih, and enacted in the
26th Year of his reign. It cannot hut be con-
fessed, that to enact under paine of d'^ath that
none should deny the king's titles, and to pro-
ceed upon that against oiTeiiders, is n very dif-
ferent thing from forcing them to swear the
king to he tlie supream head of the church. Ca^
(a) " Thb sounds more like an apoloey, than
jast reasoning. Enforcing the Oath or Supre-
macy by the penalty of Treason, was resorting
to the highest puni^'hrnent known to our law.
Wherein, too, consisted the material difference,
in point of rigor, Ix'tween trtnison for not
swearing to the kinu*s supremacy, and treason
fftr denying it ? Was it not equally the object
of the staintes creating both crimes, to compel
nn ackno^« Icdgment of the king*s supremacy
bv the same extremity of punishment? Can
there be any reason to suppose, that those who
were ronrerned in the deaths of bishop Fisher
and sir Thomas More for denying the Supre-
macy, if it hud been requisite, would have been
so scrupulous OS to hesitate about construing
the refusal of tho oath a denial } When it » ol^
The first instance of these capital proceed-
ings u'us ill Easter-Term, in the l>eginning ot
the 127th year of his reign. Three priors, and
a monk, of the Carth\isum order, were then en-
dited of Treason, for saying, < That the king
was not Supreme Head under i Christ of ilie
Church of Kngland.' I'hese were John Hough-
ton, prior ol' the Charter-House near London,
Augustin Webster, prior of Axholme, Robert
Laurence, prior of Bevall, and Uichard Rey-
nolds, a monk of Sion. This laat was esteemed
a learned man, for that time, and that order.
They were tried in Westniinster-hall by a com*
mission of Oyer and Terminer: tliey pleaded
Not Guilty, but the jury found them Guilty, aud
Judgment was given that they should suffer as
Traitors. Tlie Record mentions no other par-
ticulars; but the writers of the popish side
make a splendid recitid of the courage and
consUmcy thev expressed botli in ilieir Tryal,
and at their death. It was no difficult tiling
for men so used to the legend, and the making
of fine stories for saints and martyrs of their
orders, to dress up their narratives with lunch
g>mp. But as tlieir pleading Nut Ctuiliy to the
ndictment, shews no extraordinary resolution,
so the account that is given by them of one
Hall, a secular priest that died with iliem, is so
false, that there is good reason to suspect nIL
He is said to have suffered on the same ac-
count; but the Record of his Attainder gives
a very different relation of it.
He and Robert Feron were indicted at the
same time for having * said many spiteful and
treasonable things ; us, that the king was a ty-
rant, an heretic, a robber, and an adulterer ;
that they hoped he should die such a death as
king John and Richard the Srd died; that they
looked when those in Ireland and Wales should
invade England : and they were assured that
three parts of four in England would be against
the king : they also said that they should never
live merrily till the king and the rulers were
plucked by the pates, and brought to tlie pot,
jerted to Henry as a cruelty, that many were
put to death for not swearing to his Supremacy,
witlioui doubt every denial of it, whether im-
pliedly by refusing the oath, or expressly by
words, was meant : Theretbrc it is foreign to
the spirit of the remark to say, that they were
thus punished for denying the Sapremacy, not
for refusing to swear to it. So verbal on an-
swer to the animadversion of Henry's enemies
would scarce have escaped the learned bishop,
if he had not been insensibly induenced by a
fear, lest the justice and propriety of the Relor-
mation should be prejudiced by the cruelty of
Henry's measures in its commencement. But
the cause of truth is ne\'er finally helped by an
ill-foondeil argument. The Reformation rests
on a better foundation than the humanity of
Henry *s actions ; nor is there any necessary
connection between the one and the otlier^-bad
and cruel princes being frequently the casoal
instruments of great good to society." Utr-
grave.
473] STATE TRIALS^ Henry VIII.— /or daiying the King's Stiprfniacy, [i74
and that it wouUi never l>e well witli the
Church till ibat was doiie.' llall hail not only
said this, but had alM> wriucii' it to Fcron tho
10th of March Cliat year. When they were
brought to tlie liar, tlie;^ at first pleaded Not
Guilty; but full proof l>ein{; brouglit, they thenv-
•dTea confessed tbe Enditement, bel'ore tlie
jury went aside, and put themselves on the
king's mercy ; upon which, this being an iina-
ginins and contriving both war against the king,
and the king's death. Judgment was given as in
cases ot* Treason : but nu mention being made
of Feron's death, it seems lie had* his pardon.
UaU fufferad with the four Carthusians, wlio
ware hanged in their habits.
They proceeded no further in Easter-Term :
but in irinity-Tenn there was another com-
aiHioB of Oyer and Terminer, by whidi Hum-
phrey Blkftdlemore, William Ex mew, and Se-
bastian Nndigatie, tliree monks of the Charter-
house near JUindon, were end i ted of Treason,
for having said on the {t5lh of May, < That they
neither could nor would consent to be obedient
to the kind's highness, as true, lawful, aud obe-
dient lubjectt; to take him to be Suprcam
Head on earth of the Church of England.'
They ail pkaded Not Guilty, but were found
piiiiy by the juiy ; and Judgment was given.
\Vhai tliey were condemned, they desired that
tbcy might receive the body of Chribt before
their death. But (as judge Spelman writ) the
Court would not grant it, since that was never
done in such cases but by order from the king.
Two days after that, they were executed. Two
other monks of that same order, John Roches-
tar and James Wolver, suffered on the same
account at York in May this year. Ten other
Carthusian monks were shut up within their
cells, where nine of them died. The tenth was
hanged in the beginning of August. Concern-
ing those persons I find this said in some On-
fsioal Letters, that thej luid brought over into
Kngland, and vented m it, some books that
were written beyond sea, against the king's
Marriage, and ms other proceedings: which
being libund in their house, they were pressed
to peruse the books that were written for the
line, but obstinately refused to do it. They
bad also been involved in tlie business of the
Maid of Kent, for which, though all the com-
pliees in it, except those who suffered for it,
were pardoned by act of parliament, yet such
as had been concerned in it, were .still under
jealousy : and it is no wonder that upon new
provocations tliey met with the uttermost rigor
of the law.
These Trrals made way for two others that
were more signal : of the bbhop of Rocliester,
sad sir Thomas More. The first of these had
been a prisoner above a year, and was very se-
verely used ; he complained in his letters to
Cromwell, that he haa neither cloaths nor fire,
being then about fourscore. This was undei^
Hood at Komc, and upon it, po|>e Clement, by
•a ofiidous kiiidness to him, or rat Iter in spite
to king Hcorj, declared him a cardinal, and
fou bin a red-bat. When the king knew this,
he sent to examine him about it ; but he prow
tested he had used no endeavours to procure it,
and valued it so liiile, thiit it* tlie hat were lying
at his feet, he would not take it up. It never
came nearer him than Picardy : yet tliis did
precipitate his ruin. But if he had kept his
opinion of the king's Supremacy to himself,
they could not have proceeded further. He
would not do that, but did upon serenil occor
sions speak against ir, so he was brought to liis
Tr^'al ou ).he 17th of June (sec p. 395.) The
lord chanccUor, the duke of Sufl^ilk, and some
other lords, together with the Judges, sale upon
him by a commission of Oyer aud Terminer,
lie pleaded Not Guilty, but heing found guilty.
Judgment was passed on him to die as a trai-
tor ; but he was by a warrant from tho king,
beheaded. Upon the 22d of June, being tlie
day of his execution, he dresscfl himself with
more than ordinary care ; and when his man
took notice of it, he told him, he was to be that
day a bridegroom. As be was led to the place
of execution, being stopt in the way by the
croud, he opened his New Testament, and
prayed to this purpose; ' that as that book bad
been his companion and chief comfort in his
imprisonment, so then some place might turn
up to him, that might comfort bin^ in his last
passage.' This lieing said, be opened the book
at a venture, in which these words of St. John's
Gospel turned up : *■ tliis is life eternal, to knovr
thee the only true God, and Jesus Christ whom
thou hast sent.' &o he shut the book with
mucli satisfaction, and all the way was repeat-
ing and meditating on them. When he came to
the scaf!bld he pronounced the Te Deum, and
after some other devotions hia head was cutoff.
Thus died John Fisher, bishop of Kochcster, in
the 80th year of his age. lie was a learue<l
and devout man, but much addicte<l to tlie
superstitions in which he luid been bred up ;
and that led him to great severities against all
that opposed them. He had been tor many
years confessor to tlie king's grand-mother, tlie
countess of Richmond ; and it was believed
tliat he persuaded her to iliosc noble designs
for the advancement of learning, of founding
two Colleges in Cambridge, St. Johns and
Christs College, and divinity professors in both
Universities. Aud in acknewledgment of this,
be was chosen chancellor of the University of
Cambridge. Henry the 7th gave him the bishop-
rick of ii^chcster, wliich he, following tbe rule
of the primitive church, would never change for
a better. He used to lay his church was his
wife, and he would never part with her, be-
cause she was poor. He continued in great
favour with the kinj(, till tlie business of tho
Divorce was set on foot ; and then lie adhered
so firmly to the queen's cause, and the Pope's
Supremacy, that he was carried by that head-
long into great errors : as appears by the buu«
ncssof the Maid of Kent. Many thought the
king ought to have proceeded against him rather
upon that, which was a point of state, than
upon the Supremacy, which was matter of con-
science. But the king was resolved to let all
473] STATE TRIALS, Henry VllL-^ProcMlings agfunU Varum Pmont [476
his sulijects see, there was no mercy to be ex-
uecU'd by any thiit denied his being Supreara
ilead of the Church ; and therefore innae him
and More, two examples lor terrifying the rest.
This bein^ much censured beyond sea, Gar-
diner, that was never wanting m the most ser-
vile compliances, wrote a Vindication of the
king's proceedings. The lord Herbert had it
in his hands, and teils us it was written in ele-
gant Latin, bul that he thought it too long, and
others jndti;ed it was too vehement, to be in-
serted in Uii History.
On the 1st of July, sir Thomas More was
brought to his Tryal. (see p. 38A.) The special
matter in his cndictmeut, is, that on the 7tb of
May preceding, before Cromwell, Bedyll, and
Mome others that were pressing him concerning
the king*s suprcmacv* he said he would not
meddli* with any sucli matter, and was Rilly re-
solved to serv-eGod, and Uiink upon his Passion,
and his own passage out of this world. He had
also sent divers messages by one George Gold
to Fisher to encourage < him in his obstinacy ;
and said, the act of parliament is like a sword
with two edges, for if a man answer one way,
it will confound his soul ; and if ho answer ano-
ther way, it will confound his body.' He had
said the same thing on the 3rd of June, in the
hearing of the lord chancellor, the duke of
Norfolk, and otik*rs : and that lie would not be
the occiision of the shortning his own life.
And when Rich tlie king's solicitor came to
deal with him further about it, but protested
that he came not with any authority to examine
him, thev discoursed the matter fully. Rich
pressed liim, ' that since the parliament had
enacted that the king was Supreme Head, the
subjects ought to agree to it ; and said Rich,
what if the parliament should declare me kinp,
would you not acknowledge me } I would, said
Moro, ^uia (as it is in the indictment^ rex per
parliamentum fieri potest, if per parliamentum
deprivari But More turned the argument on
Rich, and said, what if the parliament made
an act that God was not God f Rich acknow-
ledged it could not bind, but replyed to More,
that since he would acknowledge him king, if
he were made so by act of parliament, why
would he not acknowledge tbe king Supream
Head, since it was enacted by parliament?
To that More answered, That the parliament
had power to mnkc a king, and the people
were bound to acknowledge him, whom they
made ; but for the supremacy, though the par-
liament had enarte<l it, yet those in foreign
parts had never assented to it.' This was car-
ried by Kirh t(» the king, and all these parti-
culars nere laid together, and judged to amount
lo a deny a I of the Supremacy. Judge Si»eiman
i«rit, that More, lieing on his tryal, pleaded
strongly npiinst the statute that made it trea-
son tu deny the Supremacy, and argued that
the king could not lie »upream bead of the
church. When he was brought to the bar, L>e
pleaded not guilty, but beiiig found guilty,
iudgment was given against him as a traitor,
received it with that equal temper ut mind,
which he had shewed in both conditions of life,
and then set himsell* wholly to prepare for death.
He expressed great contempt of the world, aiul
that ha was weary of life, and longed for death ;
which was so little terrible to him, that bis
ordinary facetiousness remained with him even
on the scatfold. It was censured by many,
as light and undecent. But others said, that
way having been so natural to bim on all other
occasions, it was not at allafiected; bnt shewed
that death did no way discompose him, and
could not so much as put him out of his ordi-
nary humour. Yet his rallying every thing on
the scaffold was thought to have more of the
Stoick than the Christian in it. After some
time spent in secret devotions, he was beheads
ed on the 6th of July.
Thus did sir Thomas More end his days, in
the 53d year of his age. He was a man ot rare
vcrtues, and excellent parts. In his youth he
had freer thoughts of things, as appears by his
Utopia, and his letters to Erasmus ; but aftei^
wards he became superstiiiously de«'OKed to tbe
interests and passions of tlie Popish clergy :
and as he sened ihem when he was in autlio>
rity, even to assist them in all their cruelties ;
so he employed his pen in the saniie cause, both
in writing against all the new opinions in gene-
ral, and in particular against Tindal, Frith,
and Barnes, as also an unknown writer, who
seemed of neither party, but rcprooved the
corruptions of the clergy, and condemned their
cruel proceedings. More was no divine at all,
and it is plain to any that reads his writings,
that he knew nothing of antiquity, beyond the
Quotations he found in the canon-law and in
the master of the sentences (only he had read
some of St. Austin's treatises) : for upon all
points of controversie, he quotes only what he
found in these collections ; nor was he at all
conversant in tlie critical learning npon tbe
scriptures ; hot his peculiar excellency m writ-
ing, was, that he had a natural easic expres-
sion, and presented all the opinions of popery
with their fair side to the reader, disg;uistng or
concealing the black side of them with great
art ; and was no less dextrous in exposing ail
the ill consequences that could follow on the
doctrine of the reformers: and had upon all
occasions great store of pleasant tales, which
he applied wittily to his purpose. And in this
consists the great strength of his writings, which
were designed rather for the rabble, than for
learned men. But for justice, contempt of
money, humility, and a true generosity of
mind, he was an example to the age in which
he lived.
But there is one thing unjustly added to the
prai!se of these two great men, or ratlier feign-
ed, on design to lessen the king's honour; that
Fislier and he penned the book which the king
wrote against Luther. This Sanders first pub-
lished, and Boliannin and others since nave
taken it up up<m his authority. Strangers may
be pardoned such errors, but thev are incscn-
sable in an Knglishman. For in Alore's printed
\Vorks there is a letter written bv him out of
477] STATE TRIALS, Hknby VIII.— /or denying the Kin^s Suprmacy. [47$
the Towor to Cramwell, in which be sives an
acooont of hh behaviour concerning the king's
Din>rce and Supremacy. Among other par-
ticuUrs one is, ** That when the king shewed
him his book against Lather, in which he had
asserted the pope's primacy to be of divine
right. Mare desired him to leave it out ; since
as there bad been many contests between
popes and other princes, so there might fall in
some between the pope and the king; there-
fore he thought it was not fit for the king to
publish any thing, which might be afterwards
made oseof against himself; and advised liim
cither lo leave out that point, or to touch it
very tenderly : but the king would not follow
his counsel,'^ being perhaps so fond of what he
had writ, that he would rather run himself upon
a great inconvenience, than leave out any
thmg that he fancied so well written. This
shews that Mure knew that book was written
by the king's own pen ; and either Sanders
never read this, or maliciously concealed it,
lest it should discover his foul dealing, (b)
These executions so terrified all people, that
there were no further provocations given : and
aU persona either took the oaths, or did so dex-
trously conceal their opinions, that till the re-
bellions of Lincolnshire, and the north, broke
onl, none suffered after this upon a publick ao-
count. But when these were quieted, then the
king resolved to make tlie chief authors and
Imers of those conunotions publick examples
to the rest. The duke of Norfolk proceeded
(b) The following is extracted fromDenne's
Addenda to Hist, of Lambeth, as cited, " Select
Views of London and its environs."
" 1533, May S8. Archbishop Cranmer con-
finned at Lambeth the Marriage of king Henry
tbe 8th with the lady Anne BoCeyn. And three
years afterwards the same preUite being judici-
illy seated in a certain low chapel within his
bouse at Lambeth, bv a definitive sentence an-
Dulled the Marriage between the same parties ;
the Queen, in order to avoid the sentence of
baming, having confessed to the archbishop,
some just and lawful impediments to her mar-
riage with the king. — A little before the latter
event, viz. April 13, 1534, the commissioners
nt at lAmbeth to administer the oath of the
Mttlement of Succession to the crown, upon
the heirs of the same queen Anne, to the
dcfgy, and chiefly those of London, that had
not yet sworn, who all took it, not one excepts
ed. And a certain doctor, Vicar of Croydon,
that it seems made some boggle before, went
op with the rest, of whom sir Thomas More,
who' then stood by, made an obsen-ation how
as be passed he went to my doctor*s Buttcry-
hstch, and called for drink, and drank vaWfa"
inUaritcr, ' whetlier,' says he, sarcastically, * it
were for f^adness or dryness, or quod ille notut
trat pontificiJ The same day were conveyed
hither from the Tower, bishop Fisher and sir
Thomas More, the only layman at this meeting,
to tender this oath to them, who both being
leparately called/ refused/'
against many of them by martial law. Ther«
were also tryals at common law of a ereat many
more that were taken prisoners, anasent up to
London. The lords Oarcy and Hussie were
tryed by their peers, tbe marquess of Exceter
sitting steward. And a commission of oyer
and terminer being issued out for the tryal of
the rest, sir Robert Constable, sir John Bui-
mer and his lady, sir Francis Pi^ot, sir Stephen
Hamilton, and sir Thomas Piercy, and Ask,
that had been tlieir captain, with the abbots ot
Whalley, Jcrveux, Bridlington, Lenton, Wo-
bum, and Kingstead, and Mnckrall the monk
that first raised the Lincolnshire rebellion, with
sixteen more, were indicted of High Treason,
for the late rebellions. And afler all the steps
of the rebellion were reckoned up, it is added
in the Indictment, that they had met together
on the 17th of January, and consulted how to
renew it, and prosecute it further, being encoo-
raged by the new risings that were then in the
north ; by which they had forfeited lUl the fa-
vour to which they could have pretended, by
vertue of the indemnity that was granted in
the end of December, and of the pardons
which tliey had taken out. They were all
found Ouilty, and had judgment as in cases of
Treason. Divers of them were carried down
into Lincolnshire and Yorkshire, and executed
in the places where their treasons were com-
mitted ; but most of tliem suffered at London,
and among others the lady Bulmer (whom others
call sir John Bulmer's harlot) was burnt for it
in Smithfield.
The only censure, that passed on this, was,
that advantages were taken on too slight grounds
to break the king's Indemoitv and Pardon :
since it does not appear, that after their pardon
they did any thing more than meet and con-
sult. But the kingdom was so shaken with
that rebellion, that, if it had not been for the
great conduct of the duke of Norfolk, the king
had by all appearance lost his crown. And it
will not seem strange, that a kinj^ (especially
so tempered as this was) had a mind to strike
terror into the rest of his subjects, by some
signal examples, and to put out of the way tha
chief leaders of that design : nor was it to be
wondered at, that the abbots and other clergy-
men, who had been so active in that commo-
tion, were severely handled. It was by their
means that the discontents were chiefly fo-
mented. They had taken all the oaths that
were enjoyned them, and yet continued to be
still practising against the state ; which, as it
was highly contrary to the peaceable doctrines
of the Christian religion, so it was in a special
manner contrary to tlie rules, which they pro-
fessed. Tliat obliged them to forsake the
world, and to follow a religious and spiritual
course of life.
The next example of justice was a vear after
this, of one Forrest, an Observant frier. He
had bern, as Sanders said, confessor to queen
Catharine, but it seems departed from her
interests; for he insinuated himself so into the
king, that he recovered his good opinion. Be-
47M] CTATE TRIALS, Henry VIU, ^Pr^xdini^s against Various Persons [4sO
jngfui ignorant and leud man, he was accounted
l>y Che better sort of thtK housei to whicli lie
belonged in Greenwich, a reproach to their
order (conoernins this, I have seen a large ac-
count in an original letter written bjr a brother
uf the same liouse). Iliiving regained the king's
g^x*d«'ip:nii>n. he put nil thosc^ who had favoured
tiie d;i orce, under great fears, for he proceeded
criietly UiZ-.tiiist them. And one Rainscroft,
bcini' >u*pected to have given secret intelli-
ptMuHT oi w hut was done among them, was shut
up. and so hardly used, that he dyed in their
kand>. whirh was, ai> that letter relates, done
b% frier Forrest's means. This frier was found
to h«\i* dt-nved the king's suprfmacy : for
tlvnjrli ht* b.iniself had sworn it, yet ho had in-
f^t^eti i: i!i:.> many in confession, that the king
WA« uoi ;he supriMm head of the Cliurrh.
1*^ .•»»: i;'.:»>tiontd for these pnictiros, which
\«t-r\' »;* ivnirary tn the oath that he had taken,
he «n>%^o'cd. *riiat he took that onth with his
oui*«At\( man. but hi« inward man had never
•x*ii%«>HKr%i to it.' Hoing bron«;'.t to his tryal,
nil J ntN'o^rd of levoral heretical opinions that
Ih« bch^ lu* submitted hnnsclf to the Churcli.
r|H>n lhi«, Ik* hnd more freedom allowed him
III I he prison . but some coming to him diverted
bim tuMH the sulmiissiun he had o tiered ; so
ih.ii \\\h'u the paper of abjuration was brou«:la
bull, hr iri'iiiiefl let set his bund to it: upon
wbii'h hi' wn<« ju(i}:ed an obstinate herotick.
'I'lu* Itcrords of thchc proceed iii*:^ arc h.-st ;
but I hi* books of that time say, that he denied
tbf tii'^ptl. It is like it wab upun that pre-
Umi(-«-, that without the determinati'in of (ho
(buuh It bad no authority; upon ^^hich setc-
liil vomers of the Roman communion havesnid
uiideeent and scandalous things of the Htily
Viiptures. lie was brought to Smithfiehi,
Mheu' }svn present the lords of the council, to
iillei bun his pardon if he would abjure. Lati-
uii'i- niade n sermon against his errors, and
*iiidii il III peniuade Iiim to recant ; but he con-
uttufil ill liin Ibrmer opinions, so he was put to
• buh in a mt)st severe manner. ile was
bunded in u rbnin about his middle, and the
i,',icut iniit^e that was brouirKt out of Wales, was
biokeii til pieces, and served for fewcl to bum
Kiui. He shewed grent unt^uietness of mind,
■iiid ended his life in an ungodly manner, as
Uall aiiv*, who adds this clmr&cter of him,
" I hilt hi' had little knowledge of God and )iis
aiiiti li- iruili, and less trust in him ni his end-
Ill «uiiter that yi'nr a rorrespondenre was
(b':*iti\eii*d witli cardinal Pole, who was barc-
ikii'd lu hiv treasr)nuhle designs against the
kiiiji. Hii brother, sir Geofrey Pole, disco-
ivu-d the whole plot. For which the marquc«s
»'l kitfler, (that was the kinc's cousin-<;eminn
\t\ int iiiiithiT, w ho WHS Edward the 4tb*sdauG;h-
l«ii \, ihi: bird Moniacute, tlic cardinal's bmtncr
).u IfiMlu V fob', and sir Kdward Ne\ill, wcr.*
uitiii III tbi 'lower in the bes!iiiniii>; of Novem-
U'l Ibvv «%rre arciiscH) for hnvins maintained
(I ( Mi'u-Bpuiidfm'C with the cardinal, and for e\-
|(i«N»auiy an Kiiiicd uf the king, wiiha dislike of
hfs proceedings, and a readiness to rise upon
any ^ood opportunity that might oifer itself.
The special matter brought against the lord
Montacute, and the marquis of Kiteter, who
were tried by their peers on the Qd and 3d
of December, in the SOth year of this reign,
is, "That whereas cardinal Pole, and others,
had cast off their allegiance to the king, and
gorre and submitted themselves to the pope,
the king's mortal enemy, the lord Montacute
did, on the 24th of July, in the 28th year of
the king's reign, a few months before the rebel-
lion broke out. say, tlutt he liked well the pro-
ceedings of his brother the cardinal, but di((
not like the proceedings of the realm ; and ^aid,
I trust to see u change of this world ; I lru«-t
to have a fair day upon those knaves that rule
about the king ; and I trust to see a merry
world one day.* Words to the same purpose
were also charged on the marquess. The
lord Montacute fuither said, " I would I were
over the sea with my brother, for this woild
will one day come to stripes : it must needs ^
come to pass, and I fear we shall lack nothing
so much as honest men.'' He also said, " He
had dreamed that the king was dead, and
though he wa» not yet dead, he would die sud-
denly ; one day bis leg will kill him, and then
n e shall have jolly stirring ;" saving also, " That
be had never loved him from his childhood, and
that cardinal Wolsey woulil have been an
honest man, if he bad had an honest muster.'*
And the kin*; havine said to the lords he would
leave them one day, having some ai^prebensinns
bo might shortly die, tliaC lord said, " If he
will serve us so, wo shall be happily rid ; a time
will cnmt», 1 fear we shidl not tarry the time,
we shall do well enough." He liad also said,
** He was sorry the lord Abergaveimy was dead,
for he c<mld have made ten thousand men ;
and for his part be woubl go and live in the
wej»t, where the marquis of Hxetcr was strong:**
and had aUo said upon the breaking of the
northern rebellion, " That the lord Darcy
played the foul, for he went to pluck away the
council, but be should have bocun with tlie heail
lirst, but I bi-jlircw bini fi^r leaving 'off so soon.'
These were the words charged on those lonl?.
ns dear discoveries of their treasonable designs :
an<l that thev knew of the rebellion that broke
out, and only intended to have kept it off to a
fitter opportunity : they wrre als j acu?ed of
correspondence with cardinal Pole, that wiis
iho king'b declared enemy. Upon thc^e pointy
the lords pleaded not guilty, but were founii
guilty by their peers, and so judirment wus
given.
On the Ith of December wire indicted * r
Geofrey Pole, for holding rorrespondi-ncc wish
his brother tl-.e cardinal, and su>iip^ tlmt |.r
appro\rd of hit pmceefjinj***, f)ut not of ti.e
king>; bir KJward Ncvill, brother to the lord
Aberga^i'iiiiy, for snyiuL', the king was a beast,
and wor<.r th.in a least ; Oeon-e Crofls, chan-
cellor of thi* Ciithcdriil oft liir best er, for say-
* the king was not, but the pope was.
m
•■■^, kiiv »iiig waa iiui, uui tuc- pof c wh»
Supreuio Head uf the Church ;' and John Col
4SI] STATE TRIALS, Ilr.xRY \lU.—for i!^ni/:::g the Kiv:^'s Sifjjnmniy, [181
iin% for raying, *TIk; king uonld hui-i in hdl
one fj ly for »he pliickiiif; dnwii ot" Ahlu-v^.* All
those, sirKdwanl \e\ ill only t-'vccpuul/pjcadtd
guilty, and so tliey were coiidenineci ; but sir
GcutVcy l*i)le was the «)nly pci-Non oftho num-
ber that was not cxcriitcdjtur Ik. had di?=t'<)vercd
the mutter. At the saiut: tiiue also, cardinal
I'lile, Michael Thnjiiniijrron, v;outkuian, John
H.lliard and Thoiuas Ciuldwt.M, dorks, and V\ il-
iiam IVyto, a rranciscan of ilie (.)llh«;^vauI^,
were nttninted in abs<.nci' ; bci?aiiM' tlity Ir.ul
cast off their riury to the kinj,', and had Mih-
jcx^ted Uicniselves to thi- bi^lmp c,f Rome, Tule
being made cardinal by him ; and lor writing
treasonable letters, and sending iheni into
England. On the 4tli of Feb. following, sir
Nicholas Curew, that w as b-jtli master »)fthe
horse, and knit^ht of the garter, was arrai«;ned
for being an adherent to the maniucss of K\e-
ter, and having spoke of his aitanidor as unjust
ai»d cniel. He w as also attainted and executed
upon the 3d of Alurch. When he was brought
to the scadfold, he openly acknowledged tiie
errors and supen:tition in which he had for-
merly lived ; and blei^scd God for his impri-
sonment, *' For he then began to relish the life
and sweetnc*ss of God's holy word, which was
brought him by his keeper, one I'hillips, who
followed the lieforniation, and had formerly
■uffered fur it.*'
After these executions, followed the Par-
ilaiuenc in 1539, in whicli not oiily thcne At-
taindors that were already passed were con-
fimed, hut new ones of a strange and iinhearrl-
of nature were enacted, it is a blemish nerer
lo he waslied oflP, and which cannot be enough
condemned, and was a breach of the nio^t
sacred ami unalterable ruUts of justice, which
is capable of no excuse ; it was the attaintint;
of some persons, whom they hrld in custody,
witlhmt bringing them to a trial, ('r)nccriiing
which, I shall add what the great lord chief
justice Coke writes : "Although I rjficstion not
f}ie povier of the purliauient, Wtr \%ithoi!i ques-
tion the nttaindor stnnd> of force i:i l.i'.v, yet
this I sav iifthi* manner of i>rocie(Ii;:<:. ^f.://ra/
obltTio, si potent J si U9n utrunitjue si fen ti urn
itgut. For flu- more high and nbsninte rlie
jurisdiction of ilie court i^, the more j'.i'^t and
boninirablc it ouLi.ht to be in the proreeding^,
and to givt; example of Justice to iiifcrior
courtd.*' The chief of these were the mar-
chioness of Exeter and the countess of Sariim.
The special matter charged on the fornic!*, i-
her con federating herself to sir Nichol is Carew,
in his treasons ; to \%l.icfi is addfd, ' 'i''i:\l ^^hc
had conmiitted diters other abouiin; 'u.\' ti'-a-
s'jiis.' 1 l»e latter is said t.» have ron'c'oraicd
** hcfsi'lf with her son the cardinal, with diiicr
agi^ravating word«." It does not :iii})ear by
tlic Journal that any wimr ^scs w( re e^ unincd ;
only that day that the bills were roiui the third
time in tlie house of lonls, (Jromwcil ►lu.wt-d
them a coat of white silk, which the lord admi-
ral had found anioni; the countess of Sarunrs
doothi, in which the arms of FuL'i'uid were
wrought on the one side^ and the standard that
VOL. 1.
was carried before the h-Im-Is muiou ila' oila-r
siile. 'I'iiis wa.«» brouj^ht as aw t\idejice that iho
approved of the rfbtllion. Thrc4* Irish |nJe.<t>
wure aUo attainted for carrying Iffters out of
Ireland, to the pDpe and cardinul L*oIe, a^ :i!^<i
sir Adrian Foslescue for endeavouring lo raise
rebel] ion, Thoncu Dinylcy, a kniiitit ol St. Jt;hn
ofjerusalem, and Uobert (.Iranceler, UKrchani,
for going to several fi.ri-i^u princ ls, and per-
suading then to make war upon the king, and
assist the lords Darrv and Hussie in the
rehelhon they h:ui r.ii;)cd. Two gcnilcnien, ;i
Dominican friet*, and a yeoman, were by the
Rimie act attainted, tor s iving that ' Thai vc-
nemous serpent the bishop of Rome wa^ Su-
preme Head of the chur^ih of England.* Ano-
ther gentleman, two priests, :md a yeoman were
attainted for treason in general, no particular
crime being specified. Thus sixti-en persons
were in this manner att:iinted, ond if there was
any examination of witnesses for convicting
them, it was either m the Star-Chamber, or
before the privy council ; for there is no men-
lion of any exiilence ihit was brought in the
Journal:* : there was also much lia>te made in
the passing this bill : it bring brought in the
10th of May was read that day for the first and
second time, and the llih of May for the third
tinie. The commons ke;jt it five tlavs before
they sent it hack, and added .scmie more ta
those that were in the bill at first ; but how
many were named in the bill originally, and
how many were afierwanls added, cannot be
known. Foite*»cue and Dingley siilfered the
10th of .Tuly. As for the counteps of Sarum^
the lord Herbert saw in a Krct>id, " That Ihdls
from the pope were found in her hoU'e, that
she kept C'lrrespondeiW' with h'-r .""JU, anri
that s.he firhafle her tenants t j liiiVv.* \\,r Vcv
Totament in Knglish, «)r any •''■■:m" nftiu- b(;f;l.s
that had been published l/V ilio kiii^'s autho-
rity.*' She was then a'stjt >;\e.«tv ycni.-^ of
age, but show(i! by the answi-rs f-bc luatie, I hat
she h'.iii a vitj'U'oiiS airl m.-^'.-Llinc niind. Niic
wa^* kept two ve.irs pris(>:ier in thf Tower, after
the aci had pa .si-l, the kin:: by that reprieve
de.-ii'nii.-j: to ol»l;ue lar wu !■» :i belti-r luiiii-
viour ; bur u|>on a lush p,o\:icniion by :• new
reheliiwu \\\ li;c north, she was hi-h. a'ivii, ar.d
\\\ her, the n MMC and Ihic of IManlipeiu i t! ■-
ifiniine I. I'l:*; m.irchi.jness of lv.>*l<^r dittl a
natural dcarli. In November this yesr v. ere
the al'ii"t-» I'f Il'.'.uling, (Jla^seiilnuy ami CdI-
clu'blcr at'aiuti-d ofTri'ascm, of whuli lueatl.ni
\vi:s muh i'ornicrlv.
in liie juiiliiiiuvnt that sate in the yc:ir I.M J
tlii-v uesu c)u ! ) fo'I-iW that strange pret i- I'-nl,
V. iiich tlu-s- hail made the fomier vear. IW tin*
.'»tith ae:, viil'"> ller.jn was altainled ol lr;asoii,
'.V) M'kcial inatTri' i.'.-ini; iiicntiint.'d.
iiv the .'>7ih ac:!, Ilicliard Filherstoun, Tho-
mas' Aht II, vA\i\ i/lward I'owel, priest', and
\V;i:iiin Hori», a ycmian, were aLr:'.ii:lctl. tor
(ien\i..g tla- k:n^\ supremacy, and adheiing Vt
the bi^ho]) of Hume : bv the same ncx the wife
of one - - lirreJl, ( stp wws attainted, for re.u»iuj;
hcrduly of allevianre, and denying prince Ed-
4S3] STATE TRIALS, 2 Edw. VI. 1 5^0, ^Proceedings against Lord Seymour [484
wani to be prince and heir of tlic crown ; and
one Laurence Cook, of Doncaster, was also
attainted for contriving the king*s death.
By the 58ih act, Gregory lluttolph, Adam
Daniplip, and £d\vard Brindeholm, clerks, and
Clement Philpot, gentleman, were attainted,
for adhering to the bishop of Rome, for cor-
responding with cardinal role, and endeavour-
ing to surprize the town of Calais : by the
same act Barnes, Gerrard, and Jerome were
attainted, of whose sufferings an account has
been already given.
By the 69th act, William Bird, a priest and
chaplain to the lord Hungerford, was attainted,
for liaving said to one that was going to assist
the king against the rebels in the north ' I
am sorry thou goest, seest thou not how the
king plucketh down images and ubbies every
day ? And if the king ^o tliither himself, he will
never come home agam, nor any of them all
which go with him, and in truth it were pity
lie should ever come home again ;' and at ano-
ther time upon ones saying, ' O good Lord, I
ween all the world will he heretics in a little
time :* Bird said, * Doest thou marvel at that ? I
tell thee it is no marvel, for the great master of
all is an heretick, and such a one as there is
But his like in the world.'
By the same act, the lord Hungerford was
likev\ibe attainted. " The crimes specified are,
that he knowing Bird to be a traitor, did en-
tertain him in his house as his chaplain; that
he ordered another of his chaplains, sir Hugh
Wood, and one Dr. Maudlin to use conjuring,
that they might know how long the king should
live, and whether he should be victorious over
Iiis enemies or not ; and that these tliree years
Inst past he had frequently committed the de-
testable sin of sodomy with several of his ser-
vants :'' All these were attainted by that par-
liament. The lord Hungerford was executed
the same day with Cromwell ; he dyed in such
disordiT that some thoujjiht he was frenetick,
for he called often to the executioner to dis-
f>atcii him, and said he was weary of life, :md
onged to be dead, which seemed strange in a
man that Itud so little cause to hope in his
death. For Powcl, Fctherstoun, and Abc-li,
they suiTercd the some day with Barnes and his
friends, as hath been already shewn.
This year, Samuson bisuop of Chicliester,
and one doctor Wilson were put in the Tower,
upon su^piiion of a correspondence with the
Pope. But upon their suumission they had
their pardon and liberty. In the year 1541,
five priests and ten secular persons, some of
them being gentlemen of quality, were raising
a new rebellion in Yorkshire ; which was sup-
pressed in lime, and the promoters of it being
apprehended, were attainted and executed,
and this occasioned the death of the countess
of Sarum, after the execution of the sentence
had been delayed almost two years.
The last instance of the king's severity was
in the year 1543, in which one Gardiner, that
was the bishop of Winchester's kinsman and
secretary, and three other priests, were tryed,
for denying the king's supremacv> and soon
after ex<^ruted. But what special matter was
laid to their charge, cannot be known, for
the record of their attainder is lost.
These were the proceedings of this king
against those that adhered to the interests of
Uvme : in which, though there is great ground
for just censure, for us the laws were rigo-
rous, so the execution of them was raised to
the highest that the law could admit ; yet there
is nothing in them to justifie nil the clamours
which that party have raised against king
Henry, and by which they pursue his memory
to this day : and are far short, both in number
and degrees, of the cruelties of queen Maries
reign, which yet they endeavour all that is
possible to extenuate or deny. — To conclude,
we have now gone through the reign of king
Hvnry the 8th, who is rather to be reckoned
among the great than the good princes. He
exercised so much severity on men of both
persuasions, that the writers of both sides
have laid open liis faults, and taxed his cruelty.
But as neither of them were much obliged to
him, so none have taken so much cure to set
forth his good quahties, as his enemies have
done to enlarge on his vices : I do not deny,
that he is to be numbrcd among the ill
pnnce<«, yet I cannot rank him with tlie worst,
40. Proceedings in Parliament against Sir Thomas Seymour, knt,
Lord Seymour of Sudley, Lord High Admiral of England,
Uncle to the King, and Urothcr to the I-iOrd Protector, foi
High Treason : 2 & 3 Edward VL a. d. 1549- [2 Bum
Reform. 90. 8 Rapin, 50. 1 Cohb. Pari. Hist. 587.]
About the year 1547, sir Tliomas Stymour,
the Protector's brother, was brought to such a
share of his fortunes, that he was made a
baron, and lord admiral. But this not satisfy-
ing his ambitioil, he endeavoured to have link-
ed himself into a nearer relation with the
crown, by marrying the king's sister, the lady
Elizabeth. But finding he could not compa&s | share with biiu^'in the government.' Abool
that, he made his addresses to Catherine Parr
the queen dowa2;cr, and they were marricc
privately. Heing by this mutch possessed o
irreat wealth, ho studied to engage idl aboul
the king to be hi» friends. His design was, thai
since he w:is the king's uncle as well as hii
brother, ho ought to have a proportioned
485] STATE TRIALS, 2Edw. VI. \!!>lO.—qf Sudlej/, for High Treason. [4S(>
Easter that jear lie first set nbout tliut design ;
and corrupted some about the kin|(, who
should briiiu; him sometimes private;! v through
the guile ry to the queen d^wugci's l-xigiii^s ;
aud he desired thej would let him know when
the king had occasiou for moiiev, tliev should
not trouble the treasury, for he would turnish
him. Thus he gained ground witli the king.
When the Pt-otector was thnt year in Scot-
landy the Admiral btgun to act more openly,
and was for making a party for himself, of
which Paget charged him in plain ttrms, yet
all was inclFectual ; for the admiral was re-
flolred to go on, and either get hi ntself advanced
higher, or perish in the attempt. During; the
lesaioDy the Admiral got the kinij; to write with
his own band a message to the house of com-
mons for making him governor of his per-
son, and he intended to have trnno with it
to the house, and had a party there, by whose
interest he was confident to have carried his
business : he dealt also with many of thr lords
and counsellors to assist him in it. When this
was known, before he had gone with it to
the house, some were sent in his brotherS
name to see if they couKI prevail with him
to go no further; he refuseil to hearken to
them, and said, that if he were crossed in his
attempt, he would make thi& the * blackest
Parliament' that ever was in England. Upon
that he was sent for by order from the Coun-
cil, hut refused to come ; then they threatened
bim severely, and told him, the kinti's writing
was nothing in law, but that he who had pro-
cured it, was puniahable for doing an net of*
SDch a nature, 5fC. so thev resolved to have
him sent to the Tower. Dut at last he sub-
mitted himself to the Protector and Council;
and his brother and he seemed to he perfectly
reconciled C'^)t thougli it was visible he only
put off his prctjects till a fitter conjuncture,
and wafi on ull occasions infusing into the
(a) It is mentioned by some historians, that
the first occasion of the quarrel between tfie
two brothers, arose from the envy and malice
of the duchess of Somerset against the que* n
dowager, wife to the Admiral, and that she
claimed tlie precedency as the i'rotector's lady ;
but this is very unlikely, that she should be so
ignorant of the customs of Kngtand, as to di-y
pute precedency with the queen dowager. The
whole story seems to be forged by Saunders, in
his Treatise de Schismnt. Anulican. and copied
by Uayward, &c. See *<< Kcnnet 301, and 2
Burnet's Reformation, 61. 8 Uapin T)'), and
2 Strype's Memorials, 124 and 476. Jiut
Strype in the same volume, p. 13.'3, saith, kin;:
Edward, in his invaluable Journal, preserved
in the Cotton Library, noteth, that the Protec-
tor was much offended with this marriat|;e
*of lu^ brotlier to the qnecn. Sec also Strype'b
Anunadvcrsions on II ay ward's Edw. G, in his
Memorials, vol. ii. p. 476, and Burnet's Ap-
pendix to vol. ii. p. 392 ; concerning some
trrurs and fahtlioods in Saunders's Book of the
Eoilith Schism.
king a dislike of every thintx that was done,
persuading him to assume the government
himself, and bribing his servants.
Thus he continued contriving; and plotting
for some time ; the Protector had ot\en been
told of these things, and warned him of the
danger into which he would throw himself.
But his restless ambition seeming incurable,
he was on the 19th of January (Stowe sayeth
the 16th) sent to the Tower (b): and now
many tilings broke out against hmi, particularly
a conspiracy of his witii sir William t^harnigton,
vice treasurer of the Mint at Bristol, who was
to have furnished him with 10,000/. and hud
already coined about l'^,000/. false money
(c), and h:ul dipt a great deal more, to the
value of AOfOOOl, in ail ; tor which he was at-
tainted by a process at common law, aud th.it
was confinned in parliament (d). Fowler
also, that waited in the privy-chamber, witli
other-?, were sent to the Tower; many com-
plaints being broU|.dit a{:ainst him, the lord
Russel, the earl of Southampton and Secretary
f*etre were ordered to receive tlieir Examina-
tions.
The Protector finding he could imt persuade
him to submit, on the 2^2d of ]-cb. a report was
made to the Council of nil tlie Informations
against him; consisting not only of the particu-
lars before-mentioned, but c)f many foul Mis-
demeanours in the discharge of the Admindty,
several pirates being concerned with him, &c.
The whole Charge against him, consisting of 33
.Articles, is as followcth, vi/.
Articles of f/i'^/i Trrnsnn, and other Mi'stlr-
nieanoun against the Kin^^t M'tjestj/ and his
(h) In Bibliotheca Harleiana, 40 B. 20,51,
is the duke of Somerset's and CounciTs Letter
to sir Philip Ilobhy, declaring to lum " The
traitorous firoceodings of the I^rd High Admi-
ral, the duke's brother, viz. * That he attempt-
ed to take in his own hands the mo.«t noble
person of the king's maje*<ty, and intended by
bandying himself with divers fifrson>, to have
moved plain sedition in the parliament, and
otheiwi.-c to have put the whole realm in trou-
ble and d.uiirer. Thui such his practices luin;^
disc'>\ered, and he qne'jtion((l, he seemed very
penitent, wherruj>on li'j was forgiven, and his
ming advanced ainio-t 1000 marks per annum.
That afterwards he practised, and had almost
compassed a stcrt t mani;i>j,c between himself
and ilie lady Kliz. the king's si>tC'r ; and t lien
intended to have taken hito his hands, and
ordiT Tlie |ie:>on of tliC kind's maje^ily, and
the l.uly Ma«y, and Ui have di>nose(l of his
majeslv's whole council at. his pleasure: for
alf which he is put into the Tower of London."
(c) SfL' sir William SI»arin«»ton*s Confession
in '2 Sirvpc*?* Memorials, 81, in tlie Kepoaitory.
(d) -See tlie Act fi)r confirmation of the
Attainder of sir Williiitn Shnrington, kut. in
1 Raslars Statutes, o.'il, and the Act for the
restitution in blood of sir Wm. Shiuinglun,
knt. ibi I. 995.
r
4-37] STATE Ti:iALS, 2 Edw. \T. \/jk)—T'i'occ€dh.\L;.s airaivst Djrd Stymour [135
made Govcni'ir of the kind's inn jetty's person,
and Protector of ail his realms, and dominionst
Rnd subjects, in the which ynu vou^^c•lf di<l
privy chamber, to persuade the king's majesty
to have a credit towards you ; and so to insi-
nuate you to his grape, that when he lacked any
R^ree, and ^a\e vour ron.oent in wriimg; it is = thii)«;, he should have it of you and none other
objected and laid unto your charge, That this j bojy, to the intent he should mislike his order-
ing, and that you njight the better, wiicn yoa
notwith^taiidi-.!g you have attempted and gone
about, by indiiect means, to undo this order,
and to tet into your hands the {government of
the kinj;'s mujtvty, to the great danger of hia
hi^hness'b pcrb.)ii, and the sub\er»ion of t \c
state of the roiilin. 2. That l>y corrupting with
gifts, and fair promise*), divers of the privy
chamber, you w^Mit about to allure his highness
to condescend and agree to the same your most
heinous and perilous purposes, (o the great
danger of his hi4hnc?s*s person, and of the suIh
version of the stare of the realm. 3. That you
Krote a Letter with your own hand, which let-
ter the king's mijesty should h;ive subscribed,
or written again after that copy, to tlie Parlia-
ment ho'ise; and that you delivered the sanie
to his lii;^hne*5 for that intent : With the which
80 written by his hii;hness, or subscril eil, you
have determined toha\ecoinc into the com-
mons ln)ij>eyoursLir; and there, with yourfau-
tors and aflhercnis bef<»re prepared, to have
made a broil, or tunr.dl, or uproar, to the great
daui^er of the king's majesty's person, and sub-
version of the Slate of thii le.dni. 4. That yon
yourself spake to divers of the ('onncil, and la-
boured with divers of the nobility of the reahn,
to it:ck and adhere unto you for the alteration
of the >taie, and order of^thc reahn, and lo at-
tain you.- other purposes, to the dan;:er (»f the
king's majesty's person, now in his tender years,
and subversion of the atate of the reahn. .5.
That y.)n dil ^ay openly and plainly, you wouhl
make the bhul.e*t Parliament iliat ever was in
Kngland. G. That bi'inp bent fi)r by the antho-
rity, to answer to such things as were thought
meet to be reft)rnied in you, y<ni refused to
come ; to a very cul example of dist>bedience,
pnd danger thereby of the subxirsion of the
state (»f the re;dm. 7. That bince the last srss-
si(»ns of this parliament, notwith'tandinji much
clemency shewed unto you, you ha\e still con-
tinued in your fonner mischievous purposes ;
and c(miinunlly, by yourself and others, studied
and luboiired to put intti the kind's majesty '>
bead and mind, a inishking of the government
of the reahn, and of the ho,d IVotccKn's do-
ini:'^, t(» the danjjer of his person, r.nd the yreat
t>eril of tiie realm. 8. That the kiu j:'s majesty
K-inj; of those tender year.'., i\iu\ a*, yet by age
nnallc to direct h\>> own thinjsj >(;u have tone
about to instil into his i;racc's la.ad, and as
innrii a^ lielh in you, persuaded him to take
upon hhiisclf the govennnent and managing of
hi^ own aiTairw, to the dangtrr of h'n, hi-hness'a
person, and great peril of the w holt reahn. 9.
That you lind fully intended and appointed, to
(c) Ex libro Concilii, f. 236.
saw ti'.ne, ii^e the king's highness for an instni-
ment to this purpose, to the danger of bis royal
person, and Mibier&ionof the stale of the realm.
11. That you promised the marriage of the
king*s majesty at your will and pleasure. 12.
That you have laboured, and gone about to
combine and confederate yourself with some
persons; and especially moved those noblemen
whom you thought not to be contented, to de-
part Into their countries, and make themselves
strong ; and otherw i^e, to allure them to serve
your purpose by gentle promises and offers, to
have u parly and faction in readiness to all your
purposes, to the danger of the king's majesty's
person, and peril of the ^tate of the reahn. 13.
That you have parted, as it were, in your ima-
gination and intent, the realm, to set iioblemeo
to countervail such other nr>blemcn as you
thought would lett your devilish purposes, and
so laboured to be strong to all your dc\ices; to
the great danger of ihv king*.-* majesty's j»€r-
sou, and great peril oftiic state of the realm.
14. That you had advised certain men to en-
tertain and win the favour and good- wills of
the head yeomen ami ringleaders of certain
countries, to the intent that they ndght bring
the multitude and commons, when you should
'hink meet, to the furtherance of y(mr pur-
poses. 1.'). That you have nut only studied
and imaLMued how to ha\e the rule of a number
of men in your hands, hut that you have at-
tcmf)ted to get, aNo gotten, diveis steward-
•^hip'i of nohlemeu's lands, and their manno-
reds, to make your party stronger, for your
purposes aforosaid : to the danger of the king's
majesty's person, and great peril of tlie state of
the realm. 16. That you ha\c retained young
gentlemen, and hired yeomen, to a ^reat inul-
liiude, and far al>ove such number nx is per-
mitted by the laws and statutes of the realm,
(»r were otheiwise neccssarv or convenient for
ft
your service, place, or estate, to the fortifying*
of vourr^eii' iowanJ> all >our evil intents and
purposes; to the grrat danger of the king*i
majesty, and peril ot the state of the realm.
17. '1 hat vou had so travailed in that matter,
that vou had made voiii*sclf able to make, of
• ft '
your own men, out of your land* and ruksy
and other your adherents, ten thousand men,
besides vour frjends, to the advancement of all
your intents and pnr|>oses; to the danger of the
king's majesty'^ person, and the great peril of
the state of the realm. lU. That you hud con-
ferred, cost, and weighed so much money as
would find tlie said ten thousand men for a
month ; and that yon knew bow and where to
have tlie same sum ; and iliat you had gives
♦s J] STATE TRIAUS, 2 Eijw. VI. 1 349 qf Siidhy, for High Treason. [4-0()
warning to have and prepare the said mass of ' you travaile<J also to have Loiidny, and under
money in a readiness; «> the daii«ri'r ut' the
ki(ig*f majesty's pei>>on, and great peril to the
state ot' the realm. ]1>. 'i'hat \ou have not
pretence to iiave \ictuallLd the bhips there-
with, niil only went ahuut, bat also moved (he
Lord Protector, and whole council, thut you
on! V before you married the queen, attempted naight, hy publick uuiiiority, have 'that, which
anJ irone about to marry tiic kin^*s majcAty's j by private fraud and lUUhood, and contc'dera-%
' * •''■ ' ■ 11- iniu wiili Shnrio^ton, you had gotten : tJiat is,
the Mint at Uriatol, to be vours wholly, and
only to berve your purposes, casting, as may
ap()ear, that if the>e traiierous purposes had no
good success, yet you nii^ht thiihcr convey a
good mass oi* money ; where being aided with
sfiips, and conspiring at ail evil events with pi-
rates, you mi^ht at all tiniea have a sure and
sale refuge, ii* any thing for your demeritii
slu)uld have been altenijited against yon. 24.
That having knowledge that sir Wni. Siiaring-
ton, kt. had commit led Treason, and otiierwise
wonderfully defrauded and deceived the king's
majesty, nevertheless, you both by yourself, and
by seeking counsel tor him, and by all means
you coidd, did aid, assist, and bear him, con-
tniry to your allegiance and duty to the king's
mnjcsty, and the good laws and orders of the
re:dm. 25. 'I'hut where you owed to sir \Vm.
Sharington, kt. a great sum of money, yet
to abet, bear, and cloak the great fal>hood of
the said Sharington, and to di-fraud the king*i
majesty, you were not afraid to say and afiirni,
before the Lord Prot(K:tor and the Council, that
ihe same Sharington did one unto you a
great sum of money, viz. (i8()0/. and to cou-
»pire with him in that fuUhood, and take a
bill of that feigned debt into your custody.
26. That yttu bv vonr>H.'lf and niini>ter9, have
not only extorted luid bribed great sums of
money of all such ships a^ ^hould go mio Island,
but uNo as should go any otiier uheie in mer-
chnndi>e, contrary to the libertv ol thi.> realm,
itnd to the great di<iconragenient and destruc-
tion of the navy of the same, to the great dan-
ger of the king's mait'>ty, and the state <if the
realm. 27. That wlteie di\er-« merchants, as
\\v\[ strangers as Kugli^hnicn, have had their
goods piraioutly robbed and taken, yuu ha\c
had their goods in your hands and (.-n>to(iy,
daily seen in your house, and distiibuted auinoir
vour servants and tVicnd**, without anv rcstitu-
lion to the parties so injure<l and spoiled; so
that thereby foreign prinees ha\e in a niuuncr
been «veary of the king's majesiy's amity, anil
by their ambasvulors divcr.s tinu'^s complaine<l ;
to the great sl.tndiT of tlu' kini^V majesty, and
danger of the >>iate of the realm. X\. Th.it
where certain uii.-n ha\e taken reitain piraiiN,
y<iU ha^e not only taken from the takers ot'the
^>.t]d pirates, all the goods and >hips so token,
uithoiit ;ihy reward, but have ca>t the said
lakers, f ir their good scr\iee done to the king's
sister, the lady Klizabeth, second inheritor in
Fcmuinder to the crown, but also being then
left bv the Ijini Pnitector, and others of the
Council, since that time, both in the life of the
qiiet*n, continued your old labour and lo\e; and
after her death, by secret and crafty means,
practifed to utchieve the said purpose of mar-
rying the said lady Klizabeth; to the danger of
the king's majesty's person, and peril of tlic
state of the same. 20. That you married the
late queen so soon after the late king's death,
that if slie had conceived streight after, it
sliould ha%'e been a great doubt whether the
child born should have been accounted the late
king's or yours ; wher(*upon a marvellous d;m-
ger and peril might, and was hke to have en-
sued to the king's majesty's succession and
quiet of the realm. 2L That you first mar-
ried the ({ucen privately, and did dissemble and
keep close the same ; insomuch, that a good
space after you had married her, you made la-
lx)ur to the king's majesty, and obtained a let-
ter of his majesty's hand, to roo\ c and require
tkesiiid f|ucen tu marry with you ; and likewise
procured the Lord Protector to speak to the
queen to bear you her favour towards mar-
riage: by which colouring, not only your evil
and dissembling nature may be known, but
slto it is to be fe:u-ed, that at this present you
did intend to use the same practice in the
marriage of the lady Elizabeth's grace. 22.
That yon not only, so much as lay in you, did
strip and leit all such things a<^, either by fiar-
iiamcnt or otherwise, should tend to the ad-
vancement of the king'rt majesty's alV»irs, but
did wiilulraw yourself from the king's majes-
ty's service; and being moved and spoken un-
to, for ytmr own honour, and fur the ability
that was in vuu, to ser\e and aid the kinu'>
tiujest}*s aflair^, and the Lord Protector's, vou
Huuld always draw back, and fpii^n excuses,
aul declare plainly tlnii you would not do it —
Wi-,«'reforc, upon the discourse of all these
fon«aid lhing.^, and of divers others, it must
iiitdi lie intended, that all these preparations
of men anri money, the attempts and .ticcrct
practices of the said marriage ; the ahiir>iiig
and persuading of the king's majesty to ini^likc
tl>e gwvcnuneht, state, and ordtr of the realm
litat Mom is, anfl to take the go\ernin(iit into
i>> <nvu hands, and to credit you ; was to iu)ne
mIkt end and purpose, but alter a title gotten
to the crown, and your party made "iroiig both
I'V sea and land, with furniture of men and J nKije^ty, into prison, and there (h'taimd them
Difincy Miliicient to have aspired to the ditjinity i a great time; some eight weeks, s<imo nu)re,
rojal, by some heinous eiiterpri/e agaiil^^t tlu- I $>oine le^s, t j the discouraging ot such as truly
lying's majesty's person ; to the subtcr>>iuii of,slioidd serve the king's majesly agunst his
tlie whole state of the realm. 2J. Thut you pirates and enemies. 29. Tliat dii'ers of the
fut only luul grjtten into your hands the strong ' liead pirates being brought unio you, you have
and dangerous isles of Scilly, bought of divers let the same pirates go again free unto the seas,
mm; hut tliat so much us Uiy in your iiower, and taken away from the takers ui' them, nut
49 1 ] STATE TRIALS, 2 Edw. VI. 1 549— Proc«(fw^* against Lord Stymour [ 192
only nil their commodity and profit, but from
tlie true owners ot' the bhips and goods, all such
as ever came into the pirates liand<i, as though
you were authorized to be the chid* pirate, and
to have had nil the advnntnges they rouhl bring
unto you. 30. That whrre order hath been
taken, by the Lord Protector and the whole
Council, that certain good^, piratically taken
upon the seas, and otherwise Lnown not to be
vvreck nor forfeited, should be restored to the
true owners, and letters thereupon written by
the Lord Protector and the Council ; to the
M-hich letters, you yourself, among the other,
did set to your hand : yet you, this notwith-
ttanding, have given commandment to your of-
ficers, that no such letters should be obe}-ed ;
And written your private letters to tlie contrary,
commanding the s:iid goods not to )»e restored,
but kept to your own use and profit, contrary
to your own hand bcfi»rc in the cr)uncil-cham'-
Ler written ; and contrary to your duty and al-
legiance, and to the perilous example of others,
and great slander und danger of the realm.
81. That where certain strangers, which were
friends and allies to the kinj^'s majesty, had
their ships, with wind and weather broken, and
yet came unwreckcd to the ^horc ; when the
liord Protector and the Council had written for
the restitution of the said good:*, and to the
country to aid and save so much of the goods
as might, you yourself subscribing and consent-
ing thereto : yet this notwithstanding, you have
noLonly given contrary commandment to your
officers, but as a pirate have written letters to
some of your friends to lielp, that us much of
these goods as they could, should be conveyed
away secretly by night further off, upon hope
that if the said goods were assured, the owners
would make no further labour fur them, and
then you might have enjoyvd them, contrary to
justice and your honour, and to the great slan-
der of this realm. l\U. That you have not only
disclosed the king*s majesty s secret council,
but also where you yoursell; among the rest,
have consented and agreed to certain things
for the a<Ivanccment of the king's affairs, you
have spoken and laboured against the same.
S3. That your deputy steward, and other your
ministers of the Ilult, in the county of Denhigh,
have now, against C*hristnias last past, at the
said Ilult, made such provision of wheat, malt,
bcels, and other such things as he r.eccssary for
the sustenance of a great number of nien ;
makini; also, by all the means possible, a great
mass of money ; insomuch, that :ill the counti*)-
doth greatly marvel at it, and the more, be-
cause your servants liavcsprcad rumours abroad,
that the king's majesty was dead; whereupon
the country is in a great maze, doubt and ex-
pectation, looking for some broil, and would
have been more, if at this present, by your ap-
prehension, it had not bet-n staied.
These Articles (as entered in the Council-
Books) were so manifestly proved, not only by
witnesses, but by letters under his own hand,
that it did not seem possible to deny them ;
yet he had beco sent to and examined by Some
of the Council, but refused to make a direct
Answer to iht-m, or to sign those Answers that
he had made. So it was ordered, that the next
day, all the privy coimcil, exci-pt the abp. of
Canterbury, and sir John Buker, Speaker of
the House of Commons, who was engaged to
attend in the house, should go to the Tower,
and examine him. On the S3d the lord chan-
cellor, with the other counsellors, went to him,
and read the Articles of his Charge, and ear-
nestly desired him to make plain Answers to
them, excusing himself where he could, and
submitting himself in other things ; and that
he would shew no obstinacy of mind. He an-
swered them. That he exptcted nn open Trial,
and his accusers to be brought face to face.
All the counsellors endeavoured to persuade
him to be more tractable, but to no purpose.
At last the lord chancellor required him, on
his allegiance, to make his Answer. He dc-
sired they would leave the Articles with him,
and he would consider of tliem, otherwise he
would make no answer to them. But the
counsellors resolved not to leave them with him
on those terms, (f) On the 94tb of Feb. it
was resolved in council, That the whole board
should after dinner acquaint the king with the
state of that affair, and desire to know of him
whether he would have the law to take place ?
and since the thing had been before the parlia-
ment, whether he would leave it to their deter-
mination ? AVhen the counsellors waited on
him, the lord chancellor opened the matter to
the king, and delivered his opinion for leaving
it to the parliament ; then every counsellor by
himself spoke his mind all to the same- purpose.
Last of all the Protector spake. He protested
this was a most sorrowful nnsinrss of liim, that
he had used oil the means in his power to
keep it from coming to this extremity. But
were it son or brother, he must prefer his ma^
jesty's safety to them, for he weighed his alle-
giance more than his blood ; and that there-
fore he was not against the request that the
other lords had made, and said, if he himself
(/ ) It is strange that ns the particulars of
)iis Cl^rge were iiiaiiifcstly proveci, if any credit
is to be given to the Council Book, not only
by witnesses, but by Letters under his own
hand, they should refuse however to try him
according to the laws of the land, and to
bring his accusers face to face ; and yet he was
a peer of the realm, lord high admind of Eng-
land, and uncle to the king. At last, finding
he could not obtain this favour, or ratlier jus-
tice, he desired the Articles of his accusation
might be left %vith him, and said he would an-
swer to them when he had examined them ;
but even this was denied him : I don't know
whether it was lawful then to leave with tlie
party a^ciisiKl the .Artirles of his charge, and
to allow him time to examine them : but as fi>r
the bringing his accusers face to face, it is evi-
dent that could not be denied him without in-
justice, though this pernicious custom had been
introduced iu the late reign." 8 Rapin, 50.
493] STATE TRIALS, 2 Edw. VI. 154D — qfSudhy, for High Treason. [494
were euiity of such offeiicesy he slinuld not
rhiiik he were worthy of life, and the rather,
because he was of all men the niDSt bound to
his majesty ; and therefore he could not refuse
jubtice. (g) The king answered them in these
words : '* We perceive that there are great things
he gave no more, at no time, as he remembreth,
since the king's majesty was cruwned. To the
grooms of the chamber he hath at New-Year's*
Tides given money, he duih not well remember
what. To Fowler, he saith, he gave money
for the king, since the beginning of this parlia-
objected and laid to my Lord Admiral my ment now last at London, 20/. And divers
onclCi and tljey tend to Treason : and we per- I times, lie saith, the king hath sent to him for
celve that you require but justice to be done. ! money, and he hath sent it. And what time
We think it reusonuble, and we will, that you
proceed according to your request." However,
the lords resolved that some of both houses
should be sent to the Admiral before the Bill
ihould be put in against him, to see what he
could or would say ; so my lord chancellor, the
earl of Shrewsbury, Warwick, and Southam}>-
ton, and sir John mker, sir Tho. Cheney, and
lir Antiiony Denny, were sent to liim. lie was
long obstinate, but after much persuasion was
brought to give an Auswer to the first three
Articles, viz.
Tke Lord Admiraft Antwer to three of the Ar*
ticUs.
" To the first, he saith that about Easter-
Tvlt was twelvemonths, he said to Fowler, as
be supposeth it was, that if he might have the
king in his custody, as Mr. Page had, he would
be glad; and tlmt be thought a man might
bring him through the gallery to his chamlKT,
and lo to his house : but this he said bespoke
merrily, meaning no hurt. Ami that in tlie
mean time after he heard, and upon thut,
ioi^ht (JUt certain precedents, that tliere was
in England at one time, one Protector, ami
suHhcr rcecnt of France, and the duke of
Eietcr, una the bibhop of Winchester, govcriH
"rs of the king's person : upon th:it, he hud
(liought to liavc made suit t'> the Purlia-
ineut house for that purpose, and he had the
nuae^ of all the Jurds, and tutted ihem whom
lie thoueht he mi*;ht hiue to his purpose to
l^i^iour ihcm. But afterwards cummuning with
Mr. Comptroller at £ly-piace, being put iu re-
membrance by him of his iibsentiii^ aud iigree-
ing nith liis own liand, that the Lord Protector
kbould be goveniour of the kinji&*s person, he
«B» abhiuncd of his doing*:, and ictl otV that suit
Mr. Latimer preached before the king, the
king sent to bin) to know what he should give
Mr. Latimer; and he sent to him by Fowler,
40/. with this word, that 20/. was a good re-
ward for Mr. Latimer, and the otlier he might
bestow amongst bis servants. Whether he
hath Kiven Fowler any money for himself, he
doth not remember. — ^To the third, he saith, it
is true, he drew such a Bill indeed lumsclf,
and prolfercd it to the king, or else to Mr.
Cheek, lie caimot well tell; and before that he
saith, he caused the king to be moved by Mr.
Fowler, whether he could be contented that he
should Irnve the governance of him as Mr.
Stanhope had. He knoweth not what answer
he had : but upon that he drew the said bill to
that effect, tliat his majesty was content ; but
what answer he had to the bill, he cannot tell :
Mr. Cheek can tell."
Then he on a sudden stopt short, and bade
them be content, for he would go no further,
and no intreaties would work on him, cither to
ans\\cT l\w n <t, or to set his hands to the An-
swers he had made. i)a Feb. tlie 26 ih was
read in the house of lords the tirst time, the
Hill for Attaiiuier of the Lord Admiral: Feb,
2(), read the second time : Feb. 27, read the
thinl time ; and concluded with the ctmimon
assent of all the peers, (c) The same da\.
(h) Ijunii-t says, " The peers hud been so
accu>toined to agree to such bills in Ling Hen-
ry'a time, tiiat they did cubily pass it. All the
judges and the king's council delivered their
<i pin ions, That the Articles were Treason.
Then the lilvidcncc was brought : man\ lords
ga%e it so fully, thai all the rest, with one
voice, consented to the il:li ; nnlYthe Protector,
for natural piti/*s sake, as in llie C'nuncil Book,
and Ubuur. — To the second, he saitli he ij;avc 1 (ie-iired leave to withdraw. i.U\ ihe 27 ih, the
money to two or three of them which were ! Hiii was bent down to the coimuoiis, with u
tb<iut tlie king. To Mr. Check, he saith, he ine^'sapr'. That if they dt.^ired to proceed as the
S^ve at Christmas-Tide was twelveinonti.'S, ' Inrtjb hud done, thobe lord> that had tiivcn
«lieu the ijuecn was at Enfield, 40/. whereof to the ir Evidence in their ov\n hou^e, should come
luinself ?0/. the other for the kii.'g, to bestow ; down and declare ii to the coniaions. Bui
wlicreit pleaded his grace among<>t his servants. > th.eiv was more opposition made in ihe house
Mr. Cheek was very loth to take it, howheit he > of coninxms. Many ai-gucd ui;uin«<t Attainders
«uuid needs press that upon him ; and to him | in ali>enee, and thuughi it an odil way that
j some peeisi bhiiiild rise in their places in their
(^) '* It ii a pretty hard task to justify the cwn house, and r*late somewhat to the slander
duke of Somerset for pmbccnlintr hih own br«)- of another, and liiat he should he therenjion
tber to death, for crimen eoinmiited ai^aini^t his ' attainted : therefore it was pressed, that it
ptib«jn •July. But indeed it was never clearly j n»i;:ht be tlone by a Trial, and that the Adini-
iirov<;J, that he bad fornie<) any ill dcM«!t] ( ilher . t.ii >hoiil'l be linniiiht lo the bar, and bi' heard
-l^iinii the kuig or the stale, ns he protested to | plead inr himself. Mat rn the -Ith of March a
bisU<<t breurb. But this is not the oidy time nie»Ma^c was si nt from the kini;. That he
tlisi plots against the Ministers have been reck-
«mi iligh Treason." 0 llupiu, 5U.
thought it was n4)t neces^iuy to send for the
Admiral; and that the loids should coma
495] STATE TRIALS, 2 Ebw. VI. [j-^g.^Procecdint^s iigainst Lord Srj/mour [100
SpcMkrr, and other the king's privy council of
ilie lionse. March the 4tJi, the Master of the
KolU, ^:c. dcchircd the king's pleasure lo be,
that the Ad mi raPs presence was nut ncces&ary
in this court ; anil therefore not to be there.
AncH'urther declared, That if the house would
re(|uirc to have the lords to come and to kcttisfv
the house for the evidence against the AdiniraJ,
the lords would come. Then it was ordered^
That master comptroller, and others of the
ki:ii;^s privy council, shouhl hear the lords ; arid
retjuire, that if it were judged necessary to
have the lords come down, that upon any fur-
ther suit they might come down to the house.
And the Bill for the attainder of High-Treason
of sir Thomas Seymour, lord Sudley, was read
the third time. Thus far the Journal of the
Hou<;c of Commons. On the 5th of March the
nn'al assent was given to the Bid, which here
followeth :
being Wedui^sday, the Hill was sent down to
theamimons; wht-n it was tlioujc^ht pood hy
them to send down certain members of their
liouse, to declare unto the commons the man-
ner atler which the lords had pn>ceedcd in that
matter; and further to declare unto them,
that in case they were minded to proceed in
like sort, certain noblemen who had given evi-
dence against the said Lorrl Admiral, should be
sent unto them, to declare by mouth and pre-
sence such matters, as by their writing should
in the mean time appear unto them. I'he
Master of the Rolls, sir James Hales, and sei^
jeant Molineux, were (he persons sent by the
lords. March the 9d, they were sent again to
the lower house, with the like commission in
effect, as they were sent the Wednesday before.
Answer wn:^ made, That they would consult
together, and thereupon they would with speed
send up their Resolution. But no haste hav-
ing been made therein by them of the nether
house, the lords having sat' so .long, as it was
thought tlie time now far spent, they concluded
to depart; desiring the Lord Protector, that it
would please him to receive such Answer as
should he sent touching that purpose, and to
make report thereof at their next assembly,
which should be the next Monday. March
the 5th, the Hill was brought from the com-
mons for the Attainder of the lord Sudley.
Thus it is related in the Journal of the House
of J/)nls.
By the Jouriml of the House of Commons it
appt^ars, that this Bill was read th(>rc tiie last
day of Feb. the first lime ; March the Ist read
again; and Marched the Master of the KoiU,
Serjeant Molineux, serjeant Hales, and the
king's soliicitor, were sent from the h)rds to
know the pleasure of this house, if it should be
resolved there, to pass ujion the attainder of
the Admir.il in such order as it passed in the
higher ln>use? Whereupon it wa.^ ordered, that
advertisement thereof be sent to ♦ hi- lords by
some of that hou^e : That it was re;>olveil, thai
tlie Evidenct? should be he:ird onlerly, as it was
before the lor«i> : and aUo to rcr]uire, that th(>
lords who afhruied that evidence, might rome
hither and declare it riru rare. And llii*< to
be delivered to the Lorrl I^n>tector by Mr.
down and renew befon- them the Kvidence
th«'y had given in their own hou^^e. Tliia was
done: and so the liiU was a<.'re(-d to by the
cumnions in a full hiiii«c, jn.iL^td about <]()(),
and there Wf re not abovr ten or (wche that
\oied in the ne;»ati\e." The l{;-h')|», in the
next pa lie, ^ay*., '• l>ui the way of p-orecdinp
was much condemned, binrr to attaint a man
without hrinuini: him to make his <iuji dcl'fiice.
(If to ohjert wii.it he eauld sa\ to the Witnesses
th:;t weie brought against him, was so illegal
and unjust, tiiat it could not be defended, only
this WHS to lie s:ud for it. That it was a little
more regular than Parliamentary Attainders
had been fi^ri'ierly; for here the Kvidence,
upon whirh it vvus founded, was given bcibrc*
both housed/' U Burnet's Reform. 99.
An Act for the Attainder of' Sir Thomat Sfy-
wotfr, Knt, Jjnrii Stymour of Sudlctf, Uigh
Adtntrai ()/' England, Cap. wiii.
** [n their most humble wise beseeching your
most excellent majesty, the lords sjiiritual and
temporal, and the commons in tliis present
parliament assemhleil; That where sir Ihomas
Seymour, lord Seymour of Sudley, Higlh-Ad-
mind of England, not having God before his
eye-*, nor regarding tlie duly which by nature^
benelits, a ad allegiance he ought to your high-
ness, nor being content with his honourable stattt
and condition, whereunto your mujesty hath
called and indued him with; but replenished
and filled with tiic most dangerous, insatiable,
and fearful vice of amiiition, and greediness of
rule, authority, and dtmiinion, did in the tirst
year of your most noble and victorious leign,
determine and resolve with himself to take into
his hands your most noble person, and the
samt> either by violence, stealth, or other undue
means, to have in his possession, with tho
order, rule, and government of your majesty's
realin*^, dominions, and aiVairs, which were
before ih.it time, as well bv vonr royaUassent,
as by the eon>eMt and liberate advice of all
your nobles and eoiiiicil, thereof he the said
Lord-Acltniral was on*', othen\ise ordered, de-
creed, and dcteiniiiud : by the means wbereijf,
and by th(.>]M'i>«t prndt'iit foresight and direction
of your ^insce's dcarcal uncle the duke of »So-
nici'set, tiovcj Mfjiir of vour inai<'«»tv'» most royal
person, and proitctorof your highnessV realm%
dominions and subjects, being tlie saiil Adniinil
disappoint d m' his malicious enterprise. The
same Admiral continuing nevertheh'«>s his great
ainbitioit, and m.ir! detci^table, malicious, and
trairoroiis, purpones, thinking by tumult and vio-
lence openly to arrhievc tliat thing \ihich by
slight he could not scrn;tly compa*>s, cravniled
witii yimr innjesty, being yet for your tender
years not able to <'onceive his fahehood, by
crally, sub tile, and traitiroiis means and per-
suasions, having also prepared about your
grace, by corruption, sundry persons to he in-
ktrumeuu to help fomurd iill bis naughtr.
407] STATE TRIALS, S Edw. VI. I54Q — qfSudia/, for High Treason. [498
traitorous purptises, to have caused your grace
nt his contemplation, to have written a Bill or
Letter of jourimijes(y*s own hand, to your higlb-
court of parliament, desiring the same (hereby
to be good nntu the said lord Seymour, in such
suits and matters as he should open and declare
uoto cheua; .which Bill or Letter the said Lord
Admiral thouglit and determined not only in his
own perbon to have brought into the nether
liouse of your said court of parliament, but also
to have likewise opened the same in the higher
liouse, having in both the s:une houses laboured,
iiirredj aod moved a number of persons to take
part and join with liim in such things as he
would set forth and enterprise, whereby he
thought to breed such a tumult, uproar, and
sedition, as well in the said court, as in the
whole realm, as by the troubling of the whole
state and body of this your realm, he niii;ht the
more facily and easily bring to pass his most
fearful, devilish, and naughty purpose : for the
more sure and certain coTupassing whereof,
like as he feared nut to say tn certain noblemen
and others, that he would make the blackest
pariuiment that ever w:is seen here in F.n<^land,
so most traitorously, for the further accom-
plishment of his lewd enterprise, he retained a
treat number of men, and prepared a great
lumitiire uf weapons and habiliuicnts of war,
ready for the execution of the .^nid traitorous
Rttempts. And to colour and cloaV lii.s said
misehievniu purposes, did, by all such ways and
means as he could possibly devise and imagine,
practice, as it ivere, for his entry townnls the
same, lo seek and attain the {government of
your most noble person, and thereby tu hnve
gutien into his hands the order of your rtvtlms
und domtnioui, whereunto he aspired in su<:h
lort, as he did even then travail expressly »vith
die most part of your hit;hnesses most honour-
able cuuncil to help him to the said povern-
nent, d<mig likewise all he could in the parlia-
ment by himself, his servants and niinihters,
O'it only to hinder and Ictt all things there pro-
poned, which touched tlu- honour, tiurety, and
benefit of your majesty and tiie realm ; but
s]yj spread nig abroad slanders tonching your
majesty*!* person, your dearest uncle the said
Ltinl Protcct<»r, and the whole state of your
council, over-vile, dangerous, and unmeet to be
here recited : Which things being by the good-
ness of God revealL>d, as your said uncle the
Ljrd Protector could not chiise but heartily
lament the said bird admiraPs evil, ninlieious
and corrupt disjiOsition, chietly in respect ol'
Ihe apparent and irrecnperable danger which
ivashke, by the same, pre*;ently to have etisufd
to your niajc-sry, and to your realms and domi-
obns ; and secondly, for that he was by prox-
imity of blood &o nearly joined unto him. So
Itopmg that by goi^d advcrti<<cments and conn-
NrU, lie might y<'t recover and save him, and by
the uacc of God ciu^e him to cast away lii";
luiugbtj, vile and ambitious disposition, and t<}
have had a better consideration hereafter to
hn duty, both tu God and unto your majesty,
"Iwreunto bf; was most bounden ; the said
VOL. I.
Lord Protector laboured witii the whole coun-
eel and otherwise, to reconcile and reform him,
which presently must else have perished in his
folly and outrage. And albeit, the said Lord
Protector had then perfect knowledge of the
attempts and misbehaviours ot' the said adniir:d
before rehearsed ; and that the said admiinl
had then said, that he would not come at the
said Lord Protector and council, although they
sent for him, and that he would not be com-
mitted to any ward for his doings by the best
of them, whereby it appeared that he thought
his party strong enough to resist your majesty's
power and ordinary authority; yet the said
Lf)rd Protector, nut ceasing with all clemency
t«> follow his godly and charitable purpose, did
not only use all th(* good means he C4>uld devise
by the persuasions of certain oF your grace's
council, and otherwi«ie to frame him to the
amendment of his evils, and mo to bring him
to the better remembrance of his duty; but
also considering, that if tlic matter should
have grown to extreiuiiy, heiiig so near, and
so much hound to your majesty, being new
come to 3'our kingdom, your subjects not al-
together left in the best concord for matters
of religion, great slander, tumult, and danger
might have en^neil thereby as well here at
home in your realm, as from some outward
parts with whom you were in the war, and in
some secret enmity reiidy to enter the wars,
thought it, with the advice of your whule coun-
cil, most meet and surest (or your iiKijestv to
pass liis evil-doiii<!Si over in bilence, and in
somewhat the more in respect uf ilie better
stay, for the lime of your present estate, to
bridle him with your iiberalitv, and tiierctore
to give unto him lands to (he yeuriy value of
800/., trusting thereby, and by sudi <ithcr good
means as were used towards him, to enconrairo
and move him lo leave for ever that ambition,
and seditious mind, and to live in such order as
might have pleased Oo<l, and served your
majesty, and your puhlick weal. But all t'lis
uotwith!>tandii!i:, the (k'vil. who had bel'ore
planted that vile and evil wee:i :>o dtcpiy in his
heart, (hat the root of the sanie C(iuld not be
clearly pulled out, but caused his ambition eft-
soons to sprini:, and shew it^L'lf more rankly
than it had none before : Kor it plainly ap-
peareth, that he tarried not long in his dis-
sembled good mood and promise, but began
afresh to iiuatiine, compass and devise, for the
satisfying of his traitorous desire, to make u
party, t'aotimi, and confederation, whereonie
wdiiid be the head, and did not (jnly got as
many rules and otiices into his hands of all
men, as he could possibly attam, and riMaincd
many gentlemen and yeomen into hi<t service,
making a full account and reckoninir, which he
decl.tred secrerly to some of his fniniliar>«, that
he was tluNoby able, of his own ruled leiKniti
and serv-.int", t(» make (en thonsaiid men fnr
the obtaining of his said purpose; for u|io««
wuges he had also de\iscd after tO,u<H)/. by
the month, out of your niaiesty\ mint uL Bris-
tol, which he had obtained, with ail your trea
4-JD] .STATE 'ITllALS, 'j Low. VI. \ jV}.--- Proceedings against Lord Sti/mour [500
sure in the same, Ijv the means .uid consent of
sir \\ . Sli.iriii^ioi), knt., vicc-trLUburcr lli<;ie,
to He at his coiiuiiaiidincnty whicli sir \Villi:tm
now standeth aiiuinted oi' Tn-ason ; and al-so
of your lii{;lincbs*s privv-chanibcr with many
gil'i^y and uthcrwibe, to the intM)^ they should
ni<>\L' and procure your mnjcaty to write sundry
j letters at his or their devices, anj to put into
had put your grace's cabile of the licjjt, w hcrt-of your grace's head a special and singular favour,
he halt tiic keeping, even now of late in a aifection, and trust towards him, Rnd a dis-
readincss, and there caused to he prepared a i position to follow whatsoever he would have
great furniture of wheat, malt, beefs, and a
great mugs of money, for the feeding and en-
tertainment of a number uf men : which money
wrought towards all others, that he might the
rather have compassed his most traitorous pur-
pose, which must needs have tended to your
he caused to be levied and taxed half the year majesty's destruction (which God forbid,) and
before the same was due ; bi uiting also for the
better atdiicving of his purpose, and to amaze
therewith the more the people, that your ma-
jesty (whom God long preserve to us) should
be dead ; but also he laboured sundry of your
nobles, and other your grace's subjects, to join
wiih him, dc^it^i^g with divers ot them, how
and by what policy, ways, and nieams they
should make themselves strong in their coun-
tries for that purpose, and how they should
win unto them the iiead yeomen, and ring-
leaders of the coumion people ; declaring how
he meant to lui\e matched, and set one noble-
man against another nobleman, as he thoui;ht
he could never compass and win to assent to
this faction and false ctiUcpiracy, promising to
divers of ilicm snudiy bcuelits ; yea, takinj: so
much upon him, for the accomplishment of his
said traitorous i?iteul and purpose, as he spared
not to pronli^e your most excellent person in
niarri:tgo to.a n'>l»iem:in*s daui:liier of tiiis your
re:lni. And yet not contenteil heiev%ith, for
tlu? further advancemeni oi' his most naugli»y
and traitorous ptnpo'se, did tnitorously and
unnaturally pracii.e c\eii with your highness's
own person, to make your most excellent nia-
josiy (for your tender yeais unabh' to under-
derstand his false and traitorous purposes) an
ir.strnmcnt towards the undoing and destruc-
tion of your lii^hness, and the subversion of the
^ hole slate of this your j: race's realm : pursu-
ing your majesty, as nujch as in him (lirl lie,
not only to take upon you, now in yur young
and lender age, the rulv and orchr «»f youi>elf,
intending and ineiiinng by the colour thcreoi',
to the utter ruin of all us, your highnes8*s most
loving, faithful, and obedient subjects. For
most gracious sovereign lord, besides all this,
it is most evident and apparent, that as imme-
diately after tlie king your father's death, of
most noble memory, he bare a special love and
favour to your grace's sister the lady Elizabeth,
second person m the remainder of the state of
succession to the crown of this realm after your
majesty, and the heirs of your body, whom the
living God long preser^'e unto us, with the in-
crease of much fruit; and would then of his
great presumption and traiterous detcrminatioa
have married her, if he could by any means
have brought to pass the same, but tliat he was
stayed by the said Lord Protector, and other
of your grace's C'omicil ; so he did not only
contiimc in his said determination towards her,
in the queen his late wife's time, but also by di-
\er.s stH;ret and crafty means and practices,
<'oniirm;dly sought by ntchieviug of the same
since the (piecn's death, as by sundry ways is
confessed, and appeareth. Insomuch as the
>ame beii.i; perceived by your said dearest un-
cle, and some others beside of your Council,
and other personages of reputation ; and the
sai<l Adiniral by them earnestly advised to be-
ware of it, and to forbear his pretensod pur-
pose, specially for that it could not be but dan*
i;crous to your grace's person, he hath not been
afraid to defend hi^* naughty doings and pur-
poses in it, and to ask why he should not con-
tinue his suit towards the said lady Kliza-
Uth? with sundry other words declaring
hi> t'ull intent and Jetenninations to it ; and
to lake in his bands your most royal person, • n« .jlectinij ail gOfxl advices, reasons, and ad-
ihc ndrs and orders ot all the a.i.iirs of your j moiiiiuHis nii>(!c, yiven or alledged, contrary to
realms and dominions; being already by the I hi<> pui}>i»>r, he hath secretly and earnestly fol-
said Lord I'mtecior, with the luUice of }our ' lowtd it, In such sort, as if sundry other his
grace's mo^l houourahlu conned, as well pru- , mischievous devices and prnctFces had not ap-
'deutly and politically L[ov(.incil, as Aaliantly • peared, and come to knowledge, it is evident
and nobly defended ajiamst <iur outward ene- ' that he would have done what he could secretly
piie-i, to the increase of your iujinoital i^me and lo ha\r niLuried her, as he did the late riueeii,
hono.ir ; but also lo nciive anil (iir;ender an wI.umi i: in-.iv appear he married first, and after
hatred in your mo>t noble heait, buih again>t >ui'd Lo ynu\ majesty, and the Lord Protector,
yiiur dearest uncle the said Jvn'd Protector, and aid your Council, for his preferment to it;
aH your true and iaithtul councellor.-. : To the uhoni nevertheless it hath been credibly de-
which h:s (U-vili^h pei!>u.isi>iUs and assaults, rluredf be holped to her end to haste forwards
God ga\e yuur hii.liUts'^, iveu ai ih..^ ;i;:e, t<i . hi^ ollu r purpose. But what tliis marriage of
the -n-iit rej'Jice ot ail us \y\\v l'<silhful «»ul»|e<ts vnsir •.;'.i<l "iter, with his prepared forces and
and sL-riaiilN, a spt-cial Lir;;< -. to resist, ..liove c<UItt;<Ill:u':^s should mean, and what the get-
«:(imnuin reason \kiv\ nil expectation, aihi mo<>t tinu of the rule and order of your majesty's
gr'-iciou^ly, uiJiout any advicp or mun.oel, to mini at I'tjotol into his liands with ten thouvand
fcfu-e and deny his eid ad\erti^ements anil i men, uliich besides all his friend*, and divers
persuasions. And furl hi r, the said Admiral ! retniue: s, he accounted himself furnuhed of,
did most laUly and irait'^iwusiy corrupt sundry \ and able to make all times within bis own rulei,
i
501] SrrATE TRLYLS, 2 Knw. VI. ]!,AO.''or Suih'nj. for ilkh Treason, [50J
and of his own servants and tenants, should
tend unto, for the wages and cntcrtainnients of
wbom he had prepared, as is uforrsaid, consi-
dering tiiut the said Admiral at all times, \vh(*n
occasion of the service of your niajcstv was
necessarjr or rcr^iiisitc, went aiwavs hack, and
refused to take it upon hhn, w liether it were
bj sea or lund, as your grace's Council both
knowy and divers times have lanientcri, and in
that cuse travelled witli him (in vniu; to hring
him unto it, v^'herehy no good mind or will of
him cowani your majesty's safely or assmancc
this realm; taking the patent, indentures, liouks
and reckonings (if the same sir W. Sharington,
of his own anlhoiiry, into his custody, and af-
Hnnin'j: both to hun<lrv uf Vi>ur urnce's council,
• and to flivers of your subiect-, that (he said
Shariiigton had wrong to be committed ; de-
vising all tiic ways he could possible, cimtiary
to his duty and ailcfriance, traitorously to bear
him in his evil and tr:iitorous doings, and to
deliver him, if he by any means niitiht have
come by him. — And for a further proof to in-
duce, l!mt tlie said Admiral did msiintaiii and
can appear. And upon all these sinister ways | comfort the same Shiirington, where the said
and means, what his corrupt and sul)til at- | Admiral owed to the sv.id Sliarington (i,HO{)l.
tempts of getting your most nubli* person into ! thesai<t Sliarington upon a mistrust which he
his hands, by colour whereof he might have j had before his apprcbciisif)n, that he sliould for
wrought what he would, and whatsoever his I his fault and proceed injis come one day to his
ambitious intent could have deviled, with his • trial and examination, rominnnicatinf: the same
preparation of victuals and money, and other will (lie said I/>rd Admira', and rlic snid Ad*
nis said doiugs at your grace's cistle of the niiral agreed and promi->ed not only to aid and
grace
Holt, and in the parts thereabouts, woidd have
wrought in the end, especially in this tender
s^ of yoMT highness, aud whilst your nnjcsry
is in the government of a Protector, it is fear-
ful to con.i>idcr and think upon, and cannot
otherwise l>e taken, hut to l)e indce^l more than
a manifest declaration of a traitorous aspiring
to your crown of this realm, and to be king of
the same, and an open deed and act, and a
Use and traitoroas compiiss ami imadnation
to depose and deprive your m:tjesiy from your
royal estate and title of your reaim>, and to
compass and imagine the de:irli of your most
noble person, and moKt (raittrously to take
twiy and destroy all tilings whif-h vh add have
sounded to the Ictt and impediment of his most
traitorous and ambitious enterprise. — .And fur-
ther, gracious sovereign lord, to declare the
traitorous disposition of his n.iturc, and how
litde he cared to offend your grace's law, and
how he did yet less regard hi-i truth and duty
towards your grace, where sir W m. Sharinpton,
knight, late o( London, the tenth day of July,
in the fiist year of your grace's reit^n, hatti in
the county und city of Hn^ti>l, I'aMy and trai-
torously forged and counterfeited certain of
yourgnice's coin, and furthei imbizzleii and
purloined from your majesty, nn'rnly and fuMy
at tlic lca.sf, the smn of 10,000/*; f.r part
whereof the same sir W. Sharin^ton upon his
own confession is atttiintcd of treason ac-
cording to your grace's laws; to wiiirh said
traitorous acts the said J^rd Admiral diil
Dot only abet and procure the said sir W. Slia-
rington, lub'juriug him he should get as much
money from time to time into his hands for his
parpose as he could, so that he might ever have
agrKMi mass in n readiness; hut also since the
time of the said treasons and traitorous acts, so
pronn-)*
maintain and bear him to the uttermo.*'t of his
power, a-* intUnrd he did both as is aforesaid,
and in consulting witii learned fnen for him,
and otherwise, but also for his more assured
aid, being indebted to the saiti Sharinuton the
sum of l^,yOO/. untruly conspired with the said
SliariniTion upon a bill, whereby it a|«]}eared
that the said Sharingtcm should owe unto him
the sum of 2,000/. with interest, so as the ^aid
Admiral mi|:ht help and relieve him with that
'J ,000/. with the interest at your majesty's luind,
as a debt unto himself; and also With 2,JjOO/.
which the said Admiral owed indeed to tiu* said
Shirington, amounting in the v%hole to ."i.OOO/.
which bill mott untndy, and to the mainte-
nance and favour of tlie said Sharinirlon, the
said Lord Admiral aflirmed before the ha if I Lord
IVotector, and your highntr>s's Council, to be a
tine bill, hud the same 2,800/. with the iatt-riHt,
to be hi.s just debt, and so was taken, until the
saifl Shuriugton himself confessed and aJiiried
the truth, whereby the covin aud faMiood [Inin-
ly appeared to the contiary. — Finally, nu)st
prnci(»us sovereign lord, it were too much and
over tedious to molc-st and troul/le your cxitl-
h-nt ma jc'»iy, either with tlie remcmbi*nnce of
hi> evil doings in his otfice of the Admiralty,
wherei?! he hath «io manifestly recited, main-
tained, aided and conitorterl sundry pir.'ite'<, and
taken to his own um; tiiegoodf ])iratously lidaii
a{:ainst your laws, and t xpros- ly against the or-
der- detmnim d by the J-ord Protector und liic
whole roiineil, w hereunto lii> own h;md Ii iih
been for the restitution of lhc?n; wlmehy i.e
hath moverl almost nil princes (.'hri-tian to con-
ceive a j:rufl«;e. jjinl rjitplea^uro, and by (»(»cn
wars to *.eek remc(!i< s at their own hand-, to
the great trouble anrl tlaniiLT of your maj« ^-iv,
your realms and dominions, arul to the E;r( [it
done by the said sir W. Shariucton. the said I charge, lo>s and cliMjuiet n\ y.iur most lovin*^
Lord Admiral having perfect knowledge thereof,
as well by the declaration of the most part of
ynur high»es5*9 Council, ;is by stmie of his own
rounsel learned, bath troitoroiisly comforted,
lidcd, assisted, and maintained the same sir
W. Sharingtnn in his said traitorous acts and
fftultft ag:uu!it your grace's law and statutes of
and I'aithful subjects, nnd to tic peril of brL'.ik-
ing of the lengui s an«l treaties of amity hetv^i^t
your majesty and otla-r foreign piinces, as their
cuubnssadurs here have rluiuly declared, nnd as
present experience teaclr th ; or to cxpreV> his
iiinun)crable untruths, falshoods, and deceitful
practices, discovering and opening of your ma-
50S] STATE TRIALS, 2 Edw. VI. 1 5 iO,-- Proceedings against Lord Seymour [50*
jesty's counsels, refusal to serve your li}ghne5s
as \w. liatli l>eL*ii contniiinded, oppression and
ifianiicst txtortiun or your majesty's subject!),
using [olaiid and other voyages by tbe'sea; and
Lis dctc'iniinutiou of revenue lowurds all men ,
with uliiJin he was otVcnded, ivbich his own lcl>
l('rs and other test-monies do dcchire against
liiin ; wiiii a full rosulution to liave put the
uliole of i\is intent shortly in experience and
CM'CUtioii (if God had not prevented it), to the
destruction of your most roval person, and the
suOvLTsion and alteration ot the whole cst^tte of
your realms and dominions. Wherefore con-
sidcrinv: as well that he is a member so uiinutn-
ral, unkind and corrupt, and such a heinous
olfendcr of your majesty and your laws, as he
cannot, nor may conveniently be suffered to re-
main in llie body of your grace's com mtm wealth,
but to the extrenm danger of your highness, be-
ing head, and of all the good members of the
Siunc, and is too pernicious and dangerous an
example, tint such a person so much b')und
and so furgeiful of it, so mercifully lurt^tofore
intHMicd, and by sundry and jireat beneHts al-
lured nnri called, and so cruelly and ingrately
continuing in his false and traitorous intents and
])urpo*e9 against your highness, and the whole
estate of Y))ur reahn, should remain amongst
u-> : — * Ft m;iv therefore ulease vour excellei.t
ni:ij<'-!ty, that it may be enacted with your high-
iu;!!s'> a^^eut, tlic loidfl spiritual and temporal,
and the commons in this present parliament as-
sembled, and by authority of the sitme, That
the said bir Thomas ^^eymour, k at. lord Seymour
of ^iudlLy, High Admiral of England, for the
said trait'Jious oR'ences and deeds, shall be by
I he aiithority of thiy present parliament adjudg-
ed and attainted of treason : and that the same
sir Tiioinas Seymour, knt. lord Seymour ol'Sud-
Icy, Ilitrh Admiral of P2ughmd, shall liave, suf-
fer, and bU!?tuin such pain<i of death, as in cases
of High Treason have bei?n us< d and accustom-
ed. And alrfo, that the said lord Seymour of
Sudley shall forfeit and lose to your 'maje>tv,
and y(iur heirs, all such castles, manors, lanrfs,
tenement "i, leases, meadows, pastures, woods,
waters, rents, reverbicm?, services, oOices, fets,
aiiuuiiics, and all other hereditaments, goods,
chattels and debts whatsoever, the same loni
beymonr hnd, enjiiyed, or was seized or pos-
sessed of ai the sevenKenth day of January, in
tlie scr <ind year of your grace's rei^n, or at any
time sii\ce.— And iliat all such castles, manors,
lands, tenements, meadows, leases, pastures,
wo<»ds, waters, rents, reversions, services, otHces,
fees, ana u it ics,:ind other hereditaments, to be by
authority of this present act adjndjjcd, ve^ted,
and deenud in the actual and leal possession
ofyour highness, from the said 17th of Janu-
ary, without any oflicc or imjuisitioii to he
thertot had or found. Saving to all aiul everv
person and persons, and bodies politick and
corporatif, and to their heirs, assigns, and suc-
cessors, and to every of them (.»ther than the
said hird Vy.tuiur of Sydlev, and his heirs) all
much ngiits, titles, ioterests', uses, possessions,
mersions, remaiijde,^ eutrics, conditions,
leases, fees, offices, rents-5er\ices,rents-cliarg)pai
rents-seek, annuities, commons, and all ottier
commodities, profits, and hereditaments what-
soever, they or any of them had, might, or
ought to have had, if this present act had never
been had or made. — Furthemiure, the king's
majesty is pleased that it be enacted. That all
per^ion and persons, bodies politick and corpo*
fate, and tlieir executors and administrators,
shall be well and truly contented and paid,
upon tlicir humble suit and petition hereafter
to be made unto his highness of all such debts,
which either by specialty, or by any oilier just
and true contract, the said Lord Admiral did
owe to them, or any of them, at an^ time be-
fore the said 17th (fay of January, in the said
second year of his niaje»ty's reign (a).* "
On the 10th of March, the Council resolved
to press the king tliat justice might be done on
the Admiral : and since tlie case was so hei^vy
and lamentable to the Protector (h)y (so it is
m the Coujicil-Book) though it was also sor-
rowful to them all, they resolved to proceed in
it, so that neither the king, nor he, should be
further troubled with it ; after dinner thev
went to the king, the Protector being with
ihcin : tlie king said he had well observed
their proceeding, and thanked ibem for their
great care of his satcty, and commanded them
to proceed in it without further molesting
him or the Protector ; and ended, ' I pray
you, my lords, do so.' Upon this they ordered
tiie bishop of Ely to go to the Admiral, and to
instruct him in the things that related to ano-
ther life, and to prepare him to take patiently
his execution ; and on the 17th of March, he
having made report to them of his attendance
on the Admiral, the Council signed a Warrant
for his execution, viz.
The Warrant for the AdmiraVs Execution (c),
'* This day, the 17th of March, the Lord
Chancellor and the rest of tlie king's Council,
meeting in his highness's Palace of VVesiminster,
(a) But in the 3rd and 4th of Kdw. 6, there
passed un Act for restitution hi blood of Mary
Meyinour, daughter to ^i^ Thomas Seymour,
knt. lord Seymour of Sndley, late Admiral of
Enoland. See 1 Hastal, im.
(b) <Mt appears by the Journals, that the
duke of Somerset, as Protector, sat in the
hoube of lords ivery day, whilst the Dill of At-
t-.iimlcr against his own brother was depending;
and no doubt voted in this case of blood.
Prom whence we may infer, that the prosecu'
tion was but too pleasing to him : since he
might have l)een well excused irom such an
attrntiancc on the fate of so near a relation, as
well as isinniiig a warrant lor his exicution.
(in the 20th of March, the Admiral was be-
headed ; but it was amply returned upon the
Protector in a short space after; and, as
Grafton obser\TS, ' the fall of one brother
proved the overthrow of the other.' " J Cobb.
Pari. Hist. 580. 2 Strvpe's Memorials, 1Z8.
(c) Ex Libro Conciiii, fol. 247.
505 J STATE TRIALS, 2 Tdw. VI. IZiW.— o/ A«%, for High Treason. [506
heard the report of the bikhup oi' Ely, who by
the said lords, and others ul the coumciI, was
sent to instruct and comfui t the Lurd Admiral ;
after the bearing whereof, consulting und de- !
liberatin); with thcmsclvi>s of the tune most
ooiivenieut for tlie execution of the said I/)rd
Admiral, now attainted and condemned by
tlie porllaiuent, they did condescend and ngrec,
That the said Jjord Admiral sluiuld he exe-
cuted tlte Wednesday next following, betwixt
the hours of nine and twelve in the furenoun
the same day, upon Tower-Hill : his body und
bead to be buried within the Tower ; the
king's writ (:is in such cases as heretofore hatli
beeo accustomed) beiii^ first directed and sent
furth for that purpose and etiect. Whereupon
calling to the council-chamber the hisliop of
Ely, they willed him to declare this their de-
termination to the said Lord Admiral ; and to
instruct i^nd teach him, the best he could, to
W. St. John, J. Uussel, J. Warwick,!'. Shrews-
bury, Tbomns Southampton, Wm. Paj;et, An-
lliony Winj;field, Wm. Petrc, A. Denny, £d-
varci Noitb, K. Sadler."
The said bibhop, after he hud been with the
Lord Aduiiral, repairing again to the court,
made lejiort t(i Mr. Comptroller and Secretary
Smith ox the Lord AdmiraPs reque!»ts, (cj the
which were, that he roi mired Mr. Latimer to
ciiDie to hiui, thu day ol execution to be de-
ferred, certain of his servants to be with him,
Lis daughter to be w ith my lady duchess of
Suffolk tu be brought up, and such like.
Touching which requests, the said lorcl^ and
the rest of the council declared their minds to
Mr. Secretary .Smith, willing him to write
ineir answer in a letter to tltc lieutenant of
the Tower, who should shew in all lliosc re-
quests their resolute answer to the said Lord
Admiral : which was done accordingly.
On the '^Oth of March he wa» brought to
llie sculTold.
Uu^h Latimer s Sen/ion on the Death of the
Lord Admiral.
And in the fourth Sermon of Mayster Hughe
I^txmer, (c) whych he preached before the
(c) WiUon in hih translation of M. De
Thou's History of his Own Time, \ol. 1. p. Ul'ij
iayv •* Tiie duke of Somerset, the Protector,
had conceived a jeahiusy, which was fomented
hv the emulation of the women, of his bro-
thcr Thomas the Admiral, who had married
C'atlianne Parr, the late king Henry's widow;
and had ordered him to he commit icni to pri-
son, on suspicion <if aiiniu); at the crown : and
as It is the temper of th.tt nation to be over-
b»*>tv a:id prepostereu<sly sciere in maiieis
«lmh relate to the Cummonwealth, after he
liaii hiui put to the rack, he at last, by the sug-
ge9tj<in of Hugh Latimer, procured liim to be
condemned to death; and ou the '20th of March
tb be beheaded."
kvnge wytiiin hys graces palayce at Westmin-
ster, the 20th day of Marche,' ia tlie following
Account of the Lord Admiral (d) :
'< I kuowe 014 jre of my Li^rd Admiral's death
si ill that tyme, then 1 did knowc before. O
saye thev, the man dyed very btjldly, he woulde
not have doue so, hadde he not bene in a just
niuirell. This is no good argument, my
trendes. A man semeth not to fcare death,
therefore hys cause is good. Thys is a deceav*
able argumente. He went to hys death bolde-
ly: ergo, he standeth in a just quarell. — If I
should have saied al that I knewe, your ears
woulde have yrked to have hearde it^ and nowe
God bathe brought more to lyghte. And as
touchyng the kynde of liys death, whether he
be saved or no, I referre that to God onely.
Wh:it God can do, I can not tell. I wvl not
deiiye but that he inaye in the twynkeling of
an eye save a man, and turue hys harte. What
he dyd, I cannot tell. And when a man bathe
two strokes wyth an axe^ whoo cmi tel that
betwene two strokes he doth repent. It is
very hard to judge; well, I wyi not go so nye
to worke, but this I wyl say, if they aske me
what I thinke of hys deathe, that he dyed vcijr
daungerously, yrkesomelye, horryblye. — The
man bcyng in tlie Tower, wrote certayne pa*
(lers, whiche I sawe my selfe. Thei were two
yttle ones, one to my hujye Alarye's grace, and
another to my lad ve Elizabethe s grace, teniU
ynge to thys ende, that they shoulde conspyre
agaynst my Lord I'roteclour's grace. — Surely
so seditiously as could be. Nowe what a kind
of Death was thys, that wiien he was reiuiye to
luye his head upon the blocke, he turtles me
to the Levetenantes servaunte and sayeth, ' byd
my servaunte spede the thyng that he wottes
of:* wfcl, the worde was over-heard. Hys
bcrvaunt confessed these two Papers, and they
wore found in a shooc of hys. fhey were so
sowen between the soulcs of a velved shooe.
He made hys yoke so craftely, and wyih such
workmanship, as the lyke hath not bene sene.
— I was prisoner in the Touer misclfe, and I
coukle never invente to make ynke so. It is
a wonder to hear of his subtilitie. He made
hys pen of the aglet of a povnte that he plucked
from hys hose, and thus wrote these Letters
soo seditiouslye, as ye have hearde, enforsynge
many matters agaynst my Lord Proteciour*s
^racc, and so fourth, (lod had lefte him to
iiymselfe, he liadde cloaiie forsaken hym.
What woulde he have done if he had lived
styll ? that went about thys geare, when he
laved hy^ head on the hh)cke at the ende of hys
lyfe. Charitv ftlicv saye) worketh hut Kodlv.
not alter x\\s> sorle. Well, he is j^one, he
kn<iwetl> h\> fate by thys, he is eyiher in joy
or in payne. There is no rtjuMiianre alter
thy» l\fe, but if he i\\i- in the stale of dam-
iiitcion, he slr.ill ryse in tfie same. Yea,
thout;he he ha\eu whole monker^c to svnge
(d) This is only to be found in the first Kdi-
tion of Latimer's Sermons in a small thick
octavoi for the later Editions arc ail castrated.
507] STATE TRIALS, 2 Edw. VI. 1 5^9. --Proceedings agaimt Edward, [505
for hyin^ he shall have hys fynal sentence when
he dycth. — And ihat sen'ant of hys that con-
fesseth and uttered , hys gere, was an honest
inanne. He dyed houesriyc in it. God put
it in his hcrte. And as for the tother, whether
he be saved or no, I leave it to God. But
surelye, he was a wycked inun, the reaknc is
well rydde of hym. — ft liath a treasure, that he
is gone, he knowcth by a fare by thys. A terri-
ble example surclye, and to be noted of every
man ; nowe before he shoulde dye, I heard say
he had commendations to the kyng, and spake
many wordes of his majciitye. All is the
kinge, the kinge. Yea, Bona verba. These
were fayre wordes, ' the kynge, the kynge.' It
hath been the tlie cast of all traitours to pre-
tend nothing ngainst the kyngc*s person, they
never pretend the matter to the kynge, btit to
other. Subjects niaye not resyste anye magis-
trates, nor oughte to do not hinge contrarye to
the kinge's lawcs. And therefore these wordes,
' the kynge,' and so fourth, are of small
effect. I have hearde muche wickednes of thys
manne, and I have thought oft, Jesu, wliat wyl
worth, what wyl be the cndc of thys manne ?
Among others (Uiat went to execution) I heard
of a wanton woman, a naughtye Iyer, a whore,
a vayne bodye : and was ledde from Newgate
to the place of execution, for a certain rol>berve
that she had committed, and she hadde a wyclc-
^d communication by the wnye. This woman,
I snye, as she went by the wave, had wan-
ton and folyshe talke, as thynt'^that yfgood
fellowes hadde kept touch wyth hyr, she hadde
not been at thys time in that case ; and
amongste al other talke, she saied, Hmt such
a one, and named this manne, had hyr mai-
denhead fyrste ; and heryinge thys of hym at
that tynie, I loked ever what woulde be hys
cndc, wliat woulde become of hym. — He was a
manne the fardest frome the feare of God that
ever I knewe or heradc of in Englande. Fyrste
he was author of all thys woman's whoredome.
For if he had not had hyr maydenhead, she
inyghte have been maryed, and become an
honestewomanne; whereas nowe bcying nought
with hym, shee fell afterwardc by that occasion
to other : and they tliat were nought wyth
hyr fel to robbery, and she folowed ; and thus
was he author of all thys. This geare came
bi sequels, peradventure thys maye sceme to
be a lychte matter, but surelye it is a great
matter : and he, by unrcpentance, fel frooie
cvyl to worfc, and from worse to worste of all,
tyll at the length he was made a spectacle to |
all the worlde. I have hearde aaye, be was
of the opinion tliat he believed not the immor-
talytye of the soule, that he was not ryehte in
the matter. And it mighte well appear uy the
takynge of hys death. — But ye well say. What
ye sclaundcr, ye breake charitye. — Nay, it is
charitie that I do, we canne have no better ose
of hym nowe, than to warne others to beware
by hym. — Christ saith, * Reiueniber Lotte's
Wife V she was a woman that would not be
content with her good state, but wresteled
wyth God's callinge; and she was for that
cause turned into a salt stone, &c. Thus may
thys man be an example to us. Let us all
subjects judge well of our magistrates insuche
matters,' and be content wyth iheyr doings,
and loke not to be of the Counsaile. — And
thus toke 1 occasion to speake of him, and to
profit you thereby, and I beseech you so to
take it, he\nay be a good warnyng to us, and
this is the best use' that wee can have of him
now."
In his fiflh Sennon he saieth, " You will
saye this, the parliament house are wiser than
I am ; vou might leave them to the defence of
tliemselves: although the men of the parlia-
ment house can defende themselves, yet have I
spoken thys of a good zeale, and a good ground
of the Admiralle*8 wry tinge : 1 have not fuyned,
nor lycd one jotc. I will nowe leave the ho-
nourable counsayle to answer for themselves.
He confessed one fact, he would have liadde
the governannce of the king's majesty, and wot
ye whye ? He saycd, he would not in his mi-
noritie luivc him brought up lyke a warde. I
am sure he hath been brought up so godly, with
such scholc-masters, as never king was in £ng*
lande, 6cc"
And in his seventh Sermon he saieth tho9 :
" J have heard suy, when that good queue
(mcanihg queen Catherine) that is gone, hud
ordained in her house dayly prayer both before
none and after none, the Admyral gettei hym
out of the waye, lyke a moule diggying in tlie
earth. He shal be Lotte's Wyfe to me as long
as I lyve. He was n covetous man, an hor*
rible covetous manne ; I woulde there were no
mo in England : he was an ambicious man ; I
woulde there were no mo in Englunde : he was
a sedicious man, a contemnar of Commune
Prayer, I would there were no mo in Eng-
land : he is gone, I wolde he had leAe none
behind him. Remember you, my lordes, that
you pray in your houses, to the belter morti-
fication of vour flcbhe."
$00] STATE TRIAI^, 3 Edw. VI. \5bO.^Dukc (f SomerKt,for High Treason. [510
41. Proceedings in Parliament against Edvard, Duke of Somer-
set, Lord Protector, for Misdemeanours and High Treason :
3 Edw. VI. A.D. 1550. [3 Burnett's Reform. 183. 2 Fox s
Acts and Mon. 748. 1 Cobb. Pari. Hist. 592.]
I HE duke of Somerset having taken the part
of the coinmon people against the nobility in
the hosiness oflnclosurcs, made himself many
enemies. Ue had also given great grounds of
jtaloDsy by entertaining foreign troops in the
king*! service ; and the nolle palace he was
raising in the Strand out of the ruins of son^
bidiops bouses and churches, drew as publick
an envy on him as any tiling he haa done :
And his acting by his own autlioriiy, without
asking the advice of the Council, and often
a^nst it, was assuming a regal power, and
feemed not to be endured by those who thought
they were in all points his equals. Thus, all
September, tliere were great heats between the
kiiiis and him. The king was then at Hampton-
court, where the Protector also was, with some
of his retinue and servants about hiiu, which
increased the jealousies : for it was given our,
be intended to carry away the king. On the
6th of Oct. some of the council met, and sent
to the lord mayor and aldermen of London to
obey no letters from the Protector,. and wrote
to the nobility to inform them how thev were
proceeding. The Protector hearing of these
things, removed the king to Windsor in nil haste,
sod armed such as he could gather for his proser-
vatkm : whereupon several Letters passed be-
tween the Council at liondon, and those utWind-
K)T(a) : and uc lust ii Prochinintion was publish-
ed against the Protector to the following etfect :
^ 1. That the Protector, by his malicious and
evil Government, was the occasion of all the
Miditioo that of late happened within the realm.
S. The loss of the king's Pieces in Fnmce. 3.
Thtt be was ambitious a-id sought his own
glory, as appeared by building ot sumptuous
and costly houses in the time of tiiC king's
van. 4. That he esteemed nothing the grave
counsel of the councillors. 6. That he sowed
dnrition between the nobles, the centltmen,
aud tlie commons. 6. That the nobK's assem-
bled themselves together at D>iidon, for none
other purpose but to have caused tiie Prot€*c-
turto ha\e lived within limits, and to have put
Mich order for the surety of the kin^\s majesty
as appertained : whatsoever the Protector's
doings mere, which they said were unnatural,
liOj^rate, and traitorous. 7. That the Protec-
tor ^Inndered the Council to the kin<:, and di<l
^hnt in him lay to cnube varinuce between tlie
kino and tiie nobles. 8. That he was u <;rcat
TnutorfA^, nnd tlitreforc the lords dtsirt-d the
(a) See the Articles ollbrcd hy the Protec-
tor, nnd the Letters that passed het ween the
lords and the king, in 2 Durnei^ Reformation,
p. 183.
{If) Thi* Pr'iclumation, which h:(d made him
city and conunons to aid them to take him
from the king." This was signed by the lord
Rich, lord chancellor ; the lord St. John, pre-
sident of the council ; the marquis of North-
ampton ; the carl of Warwick, great chamber-
lain ; and most of the council. On the ISth
of Oct. the whole council went to Windsor,
and coming to the king, they protested, that
- all they had done was only out of zeal and
affection to his person and 8cr>-ice. The king
received them very kindly, and thanked them
for their care of him. On the 13th they sat in
council, and sent for those who were ordered
to be kept in their chambers, only Cecil (after-
wards the famous lord Burleigh) was let go ;
and, in the end, the Lord Protector was com-
manded from the king^s presence, and commit-
ted to ward in u Tower witliin the castle of
Windsor, called Beauchamp Tower : and the
next day, being the 14th, they brought from
thence the Protector, and conveyed him to the
Tower of London. Some time after, the lords
resorted to the Toxver, and there charged the
Protector with the following Articles of Misde-
meanour and High Treason (c).
Artici.es objected to the Duke (tf Somerset.
'* 1. That he took upon him the ofCce of
Protector, upon express condition, that he
should do nothint; in the king's afluirs, but by
as.'^enl of the lato king's executors, or the
greatest part of them. 2. That contrary to
this condition, he did hinder justice, and sub-
vert laws of his own authority, as well by let-
ters as by other command. 3. That he caused
divers persons, arrested and imprisoned for
treason, murder, man-slaughter, and felony,
to be discharged, against the laws and statutes
of the realm. 4. That he appointed lieutenants
ibr armies, and other officers for the weighty
affairs of the king, under his own writing and
seal. 5. That he coinmunod with ambassadors
of other realms alone, of the weighty matters of
the realm. 6. That he would taunt and re-
prove divers of the king's most honourable
councillors, for declaring their Advice in the
king's weighty aflairs against his opinion; some-
times telling them, that they were not worthy
a Traitor, within three davs was called in
again, \\ith commandment given iwme of them
to l)C soM. 2 Fox's Book of Martyrs. P2I7.
(c) Fox, and llayward (in his Life of king
KdvMird \' I.) both say the duke was in the Tow t-r
a small time before the lords hiid the Aiticies
to his char«:e: but Burnet and Rapin say, the
duke was called helore the Council on tlu> 1 tth,
and that the Articles of hi<t Accusiilion wt is
then read to liiin.
511] STATE TRIALS, 3 EdV. VI. 1 5!fO.^Proceeding$ a^amst Edxcard
to fiit in council ; and sometimes, that he need
not to open weiiehty matters to them ; nnrl that
if they were not agreeable to his opinion, he
would di^char]^ them. 7. Thut ugninst law he
held a Court of He(|uest, in his uwn house ; aiid
did enforce divers to answer (here for their free-
hold and goods, and did determine of the s:inio.
8. That being no officer, without the advice of
the Council, or most part of them, he did dis-
pose ofHces of tlie king's gift for money ; grant
leases and ward>, aucT presentations of benc>-
fices pertaining to the kmg; gave bishopricks,
and made sales of the king's lands. 9. That
l^e commanded alcliimy and multiplication to
be practised, thereby to abase the king's coin.
10. That divers times he openly said^ tnat the
nobility and gentry were the only cause of
death; whereupon the people rose to reform
matters of themselves. 11. That against the
mind of tlie whole Council, he caused procla-
mation to be made concerning Inclosurcs;
wliereupon the people made divers insurrec-
tions, and destroyeu many of the king's sub-
jects. 12. That he sent forth a Commission,
with Articles annexed, concerning nirlosures,
commons, highways, cottag^*^, and such like
matters, giving the commissioners authority to
Lear and determine those causes, wlicreby the
laws and statutes of the realm were subverted,
and much rebellion raised. 13. That he suf-
fered rebels to astsemblc and lie armed in
camp, a(!ainst the nobility and gentry of the
reahn, without ^pec(ly repressing of them. 14.
That he did comfort and encourage divers re-
bels, by giving them money, and by promising
them fees, rewards, and services. 15. Tiiat he
caused a Proclamation to be made against
Liw, and in fuvour of the rebels, that none of
them should be vexed or sued by any for their
offences in their rebellion. l(i. That in time
of rebellion, he said, that he liked well the
actions of tiic rel>els ; and that the avarice of
gentlemen gave occasion for the peoj>le to rise;
and that it was better fur them to die, tlian to
perish for want. 17. That he said, the lord>
of tlie parliament were loth tu reform int^lo-
sures anri other things, thcrctore tiie pco])lc
h:id a good cause to rvforni them themselves.
18. That after declaration of the defaults of
Bulloign, and the pieces there, by such a^ did
«ur\'cy them, ho would never amend the same.
19. That he would not siilfer the kind's pieces
uf Newhaven, and Slackness, to be furnished
v\ith men and provision ; allieit he wa» adver-
tised of the defaults, and advised thereto bv
the king*s coinuil ; whereby the French king
wiis emboldened to attempt upon them. 20.
lliat he wfKild neither give authority, nor suAer
noblemen and ircntlenicn to suppress rei)els in
time convenient ; but wrote to them to speak
the rebeU fair, and use tliein gently. 131. I'iiat
upon the 5ih of Oct. tlie prcfieiil year, at
Ilainpton-Court, for defence of iiis own private
cuuses, he procured seditious Bills to be written
in omoterfeit hands, and secretly to be dis-
persed into divers parts of the realm ; beginning
thus ; ' Good People ;' intending thereby to
[512
raise the king's subjects to rebellion and open
war. 22. That the king's privy council did
consult at J^jndon to come to him, and move
him to refonn his government ; but he bearing
of their assembly, declared, by his letters in
divers places, that they were high traitors to the
king. 23. That he declared untruly, as well to
(he king as to the otlier young lonts attending
his person, that the lords at London intended
to destroy the king; and desired the king neve
to forget, but to revenge it; and he desired the
young lords to put the king in remembrance
thereof; with inteiit to make sedition and dis-
cord betweeen the king and bis nobles. 24.
That at divers times and places, he said, ^ the
lords of the council at London intended to kill
me ; but if I die, the king shall die :'and if they
famisli me, they sliall famish him.' 25. Thai
of his own' bead he removed the king so sud-
denly from Hampton-Court to Windsor, with-
out any provisions there made, that he was
thereby not only i<i great fear, but cast thereby
into a dangrmus disease. 26. That by his Letters
he caused the king's people to assemble in great
numbers in armour, after the manner of war,
to his aid and defence. 27. That he caused
his servants and friends at Hampton -Court and
Windsor, to be apparelled in the king's anHouri
when the king's servants and guards went un-
armed. 28. That he caused at Wind^o^ his
own person in the night-time to be guarded in
harness by many persons, leaving the king's
majesty's person unguarded; and would not
sutler his own guard and servants to he next
the king's person, but appointed his servants
and friends to keep the gates, (d) 29. That
he intended to tly to Jersey or Wales, and laid
post-horcs and men^ and a boat, to that pur-
pose." (c)
After he had read and considered the above
Articles he scut the undenvritten Submisbiou to
the I^rds :
Edward Duke of SoDicrscVs first Suhmnsitm.
" 1 K»lward, duke of Somerset, have read
and considered these saidc 20 Artirlcb bcture
specilicd, and do acknowledge my said otfenccSj
faults, and ciimrs, doonc and conteined in the
same, and most humblie prostrate on my knees,
do fullie and wholie submit myselfe to the most
aboundant mercy and elcmencie of the king*s
majcstie, Pm- the mo<leratiun of my saidc of-
(d) This Article U in Siowe's Chronicle,
but omittH in Uayaard's Life of Ed>%. 0, and
Burnet's Reformation.
(ej " Upon these accusations, to which it
was then no time to answer, he was sent to tlie
Tower; tiiosc whom he had taketi so much
pain^ to humble bcinij become hi> piopei
Judges. lie could not deny that most of the
' fact-j hiiil to his charjc were true. B.il the
que»tion was, WheiluT ihey were crimes? for
he was accused neitiier of fraud nor of rapine,
nor of extortion. Hut that was to be decided
only by the peers of the rcahn, or by the par-
liament." a Rapiii, 72.
513] STATE TRIAI-S, 3 Edw. VI. 1^50— Duke qTSonnrstt, for Hi-^h Tmu^otu [.5U
tVncrs; Inving my full trusit and confidence,
Ihat iiin luajteiie, Mitli the advice of his iiiv^h-
neftse most hunourable cuunsaiie, will ciin^ider
mine offences, fBultes, wonies and proceed-
ing that if auie of my saide oifences be by
lus clcmciicic pardoned, remitted, or otlier-
wise discbarxed, that I niaie enjoye tiie be-
nedte tbereot^ although tiie same become un-
koowue. And fartlier, I do must huniblie be-
iccch all my lordes, and other his mnjebtics
most honourable countayle, not onlic to be
meanes to \ni majestie, to take uwnie and roii-
sider mine odem-es to have proceeded more of
if^iiorance, negligence, folliCy wilfuhies. and tor
Licke of good consideration, than of anie kank-
•rd or malteiou4 hart, evii intent or thought,
toiding to anie treason to his majestie or
realm : but that it may please his majestie, by
tile charitable advise of their good lordships,
Ui liave pity upon mec, mv ^vit'e and children,
and to take some uiercifull waie with me,
not according to the extremity of his lawe«,
but after hit great grMxIaos;! and clemcncie,
whereuQto whatsoever it shall bee, I doe most
humblie with ail my hart submit myselfe.
Written with mine owne hande the '^3rd day
of December (Burnet says the 13tli) in the
Srd yeere of our soveraigiie lord king Edward
tlie Mvth."
Him'evcr, on the 2nd of January, a Bill was
put in against the duke of i3omer>et of the Ar-
ticles before- mcniioned, with the above Con-
fiihion. This he was prevailed with to do,
upuii a«9urance given, that be should be gently
dealt with, if he would truly confess and sub-
miT himself to the kini;*s merry. But some of
the lonl» soid, they did not know whelhc-r that
CuutVi^oion was not dr.iwn frtmi him hv force :
■nd that it might he an ill precedent to p:i«<s
Acts upuH such p:iper«, without rxaiiiining the j
party, whether he liud subscribed them frei^ly
ud uiicoiiipellcd : whereupon a committee
VU9 appointed of four temporal lords aud four
ipiri'ual, who were sent to examine him con-
cerning it. The day folio win*; the bishop of
Coventry and LJtcldield made the Report :
Tkat he thanked them for tfitir kind Message,
but tliat he hud freely s*ub«cribed the Coufcs-
lion C/*^that lay before them. lie made it on
(f) " Many thoiij^ht his (^»nfe^«>ion a very
wranire thing, and ag!:r.ivatcd the :tbjf rtnes^ of
t'ich a behaiiuur. But it was dofihtle-ss hc-
ciuse rhey would h-ive been glad he should
iisve taken niiocher rou]>e, which would not
Kuve faded ti; pnive fatal to him. It is cert n in,
thii among tiie Artic'es of his Accusal ion,
t^iere were several which could )tc justlticd unlv
bv tlie intention, which ccmld scarce hii\c seiv-
C'l his turn in the h'ln^e <jf peers : the miiior
pAri of wh«Mn were ni>t inclined to favour him.
Fur instance, to mention onlv tlie chief Aiii-
cir ; cr>uld lie deny tliar, * contrary to the coo-
ditiiin OD which lie was made Protector, he had
dcpuded, as it were, the other rej^cnts, and rc-
doced them to the state of bare couuse'Iors V
It is true, be might have atlcdgcd the king\
VOL. 1.
his knees before the kint; and council, and
signed it : and he protc^toil ii.s oill'iices luid
Howed from rashness and i(ivli.<«crction rather
than malice; and that he had no treasonable
<iesign against the kin^ or his realm. So bi>th
houses SQon passed the Bill against hiui, and he
was fined, by an act of parliament, iniiiled, ' An
Act touching the Fine and Han**ome of the
duke of Somerset ;* that, is, for the pmiislmienC
of his late Mis<leme mors, u hereby he was
Aned 2000/. a year of limd, and loi^t all his
i;oods and offices.* Cp^.-n this, he aent another
Submission.
The second Submiuion (if Etiuarrl Duke of' Sih
mersrtf trtsoner in ike Tou-tr.
" I am ni'^st fearefull :md full of heavinosse,
my verie good lordes, to understande that my
last letter was no 'better acccfitcd at your
loi*d^liips handes, to whom I am bounde during
my life, for your most gentle and mercifuil
dealingc with mo, that it pleased your good-
nesse to bring iny case to a line. I trustcyour
lordshipes never thuik that ever I did, or
woulde intende, to stand against the king's
mnjestie and yoiirr tordshipcrs goodiics, or that
I wouUie ^oe about to jiistitie my cniNe, seeing
his ni;ijestie and your lordshipes otferctli cle->
niencie, mercie, and panl(;n. AUhou^h tlie
Ane be to me importable, yet I doe commit my^
self wholie to his hi^hncsai- and your loid>hips
mercies; I pniy oiilie the moderation of ir, and
did covet to dechire to yuure jjoodiiehse mine
inabilitie to lu'are it : And yet referred all to
his mnjosiie, and yc>nr wistlome, goodneitsr,
and <li;)<*reiion. And I most huniblie dwsire
your lurdshipes not lo thjiik that I wiis abdut
lo contende with your liid^liipes, uht n I did
spciike of my conscience, I Imuht erre, in that
J thou^lit I did ti)r the bcit, a<> I doe ackno«\-
ledgc and c<)nfes>e, that neither I am the wi^^cs^
man in the worlile, nor yi-l if 1 were, I shoulde
not e*rcape without a mo»t sirgul.ir >;race, but
manic times I shoiildr otTciide: Mat I leuve all
that, and most huniblie, iiimplie, wholit*, :ind
lowlie, I submit my selt'e to (he kin:;*s m ijcsiie
and to your good lordshipes; appealini; from
tlie rigour and extroniitie of his mnjcsii<>*s
lawef«, to his niujtsty's gre.il mercie and cle-
mencie ; pr:iYin^ your ^oodi'.e.-> tn bee meanes
lo his majt sMc, not to bee oifen led i\ith nue,
nor to ixilnde his mrtje&tic's mere e and be-
nl^nitic* troui mc, for my nultncs! and hick of
pnlent. But i' \^;l!» tl •* palinl of u minor kiiig,
berwcrn lea nnd elcvrn vtiws old unlv, w;;i>
looking n[)on l.im a^' hi> covernor, «lid every
thini: l)V his advuT : wIuh I'lrc the diike could
never Ikivc denrui lilmbcif upon this Ariiile,
any more than upon several others. Codmu-
oucntiv his (.'ulv ren.i-dv was t » o'\n himself
<;nilry of a!l, and to cast liinisclf upou ihu
kind's Hicrcy. Be^-ldeb, it coiuenn'd him hi-h-
iv to get out i»{' j.ri'ion it" it was ooh^ililf on any
ti-niis, sineo it was dan«:i-;-iiti<« for him ro con-
tiiiue any longor in Uie h:iild» of his t'ltcmiis.'*
V. U^ipin, 76,
2 L
515] STATE TRLVLS, 5 Edw. VL iddl.—Ih^oceedings t^aitui Edward [519
discretion, but to accept my good mindc as one I
tliHt fuine woulde doo tlmt were well. And
when I cannot or huve not doone tliat things
I ought to do, I would gladlie amende, and am
readie at all times without condition to doo
and suflfcr willinglie that thing that your ho-
nours will appoint mee, accepting what cle-
mencie or mercie soever I obtayne to be of his
majestie*s and your goudnesse. Most humbly
on my knees praying his niajestie and your good
lordships to pardone mine offences, and to or-
der me for them, as to his mostc high mercifuU
clemencie shall appcere convenient. And ii-
nallie flying from extremitie of justice, desire
mercie, as you bee, and are called, most mcrci-
full counsellors, not imputing my writings and
doings hitherto as of stoutenesse or stubborn-
esse, but onlie for lack of discretion and wi»-
dome. F(ir the which once again I require
pardon and favor to be shewed, and if it pleas-
ed your good lordshipes to heare me, I trust
you 'should And me lowly unto your honors,
and so confonnable unto your loraships orders,
that 1 trust to make amends, and obtuine par-
don for my farmer fully. And thus I most
htimblie commit your good Inrdsliips to Al-
mighty God, to whom 1 shall alwaies pray that
ye maie long continue in honor. From the
Tower, the 2d of Februarie."
lie came out of the Tower on the 6th of
February, giving bond of 10,000/. for his good
behaviour, but limited that he should stay at
the king's house at Sheen, or his own at Sion,
and should not go four miles from them, nor
come to the king or council, unless he was call-
ed ; and when he knew that the king was to
come within four miles of tliese houses, he was
to withdraw from them.
On the 16th he had hb Pardon, and carried
himself so well, that on the 18th of April fol-
lowing be went by invitation to court, to the
king's maiesty at Greenwich : where he was
honourably received by the king and his coun-
cil, and dined with the king, and was sworn of
the privy-council : and the king of his special
favour, and at the humble petition of the coun-
cil, by patent dated June the 4th, gave him
back almost all his estate that was forfeited.
42. Proceedings against Edward Duke of Somerset, for High
Treason and Felony, at Westminster: 5 Edward VI. a. d.
1551. [2 Burnett's Reform. 181. 2 Fox's Acts and Monum.
1217, 1 Cobb. Pari. Hist. 589-]
The duke of Somerset had such access to
the king, and sucli freedoms with him (notwiili-
•tanding the late Judi^ment against him), that
the earl of Warwick had a mind to get rid of
liim. The duke seemed also in April this year
to have got the king again in his power, and
dealt with the lord Strange to persuade the
king to marry his daughter Jane ; and that he
would advertise him of all that passed about
the king. The earl of Warwick had got himself
created duke of Northumberland ; and for se-
veral of bis friends he procured a creation of
new honours. The new duke of Northum-
berland could no longer bear such a rival in
greatness as the duke of Somerset was, who
was the only person that he thought could
take the king out ot'his hands : so a design be-
ing laid to destroy him, he was apprehended
on the 17 th of October, and sent to the Tower,
and with him the lord Gray, j-ir Ralph Vane,
sir Tho. Palmer, sir Tho. Arundell, were also
taken, and some of his followers, Ilamond,
NcAvdigate, and two of the Seymours, and
were sent to prison. The day after, the dutch-
ess of Somerset was also sent to the Tower,
with one C'rnno and his wife, and two of her
chaniber-woinen : after these, sir Tho. Ilold-
nijft, sir Miles Tat ridge, sir Michael Stanhope,
\Viniili*'ld, Baunialcr, and X'aughan, were all
m.'Jde prisoners,
But sir Thomas Palmer though imprisoned
with him as an accomplice, was tlic persfui
thiU ruined him. The Evidence ii|>ain8t the
duke was chiefly sir Tliomas Palmer*s Infurm-
aiion ; wlio being brought by tlie duke of Nor>
thumberland privately to tlie king, related the
whole conspiracy.
Sir Thomas Palmer's Examination,
He declared, That upon St. GeorgeVDav
last, before the duke of Somerset being upou
a journey towards the north, in case sir Wm.
Herbert, master of the horse, had not assured
him that he should receive no harm, would
have raised the people : and that he had sent
the lord Gray before to know who would be
his friends: also tlmt the duke of Northum-
berland, the marquis of Northampton, the earl
of Pembroke, and other lords, should be in-
vited to a banquet; and if they came with a
bare company, to be set upon by the way ; ij
strongly, their heads should have been cut ofl
at the place of their feasting, lie declared
farther, Uiat sir llalph Vane had 2000 men iu
rcadineas : that sir Thomas Arundel had as-
sured the Tower, that Patridge should raise
London, and take the Great Seal ;. that Sey*
mour and Ilamond would wait upon hiiQ, anij
that nil the horse of the gendanuerie should
be shun.
The earl of Rutland did nihrni, that lie haij
niiule a party for getting himsdf declared Pn>
tector in the next parliament.
The above-mentioned particulars were told
the king, with such circumstances, that he wai
iiHluced to believe them, and r<iaolved to leavf
liim to the law.
517] STAT1-: TOIALS, 5Ed\v. VI. l55l.^Duh: of Sofncrsci,for High Treason. [518
Sir Tkomits Palmcr't Second Examination.
That the gendumiene, upon the muster-day,
should be assaulted by 2,000 men, under sir
Ralph Vane, and by an hundred horses of the
duke of Somerset's, besides his friends, which
should stand by, and besides the idle people,
which were thought inclinable to take ius part.
That this done, he would run through the city
and proclaim, * Liberty, liberty,' to raise the
Apprentices, ike. Aiici in ciise his attempt did
not succeed, he would go to the Isle of Wight
or to Poole.
Cranes Examination.
He confessed all that Palmer had said ; to
which he added, That the lord Paget*s house
was the place, where the nobility being invited
to a banquet, should have lost rheir heads : and
that the earl of Arundel was mnde acquainted
with the Conspiracy by sir Michael Stanhope,
wbo was a messenger between them : and that
the thing had been done, but that the greatness
of the enterprize caused delays, and some di-
versity of advice. And further, that the duke
ofSomerset once, feigning himself sick, went
to London to see what friends he could pro-
cure.
HftmtmiTs Examination.
He confessed that the duke of Somerset's
chamber at Greenwich had been strongly
guarded in the night by many armed men.
All these were sworn before the council, and
the greatest part of the nobility, that their con-
fefsions were true ; and they did say, that what
was sworn wais without any kind of compulsion,
force, or envy, or dibpleasure, but as favourable
to the duke as they could swear to with safe
coiiacidnces.
LdfrJ St ranged Examination.
He voluntarily informed how the duke de-
lired him to move tlie king to take to wife hLs
third daughter the lady June ; and that he
would be liis spy alK>ut the king, to advertise
hm nheii any of the council spake privately
with him, and to acquaint him what they said.
Hereupon the lord chancellor openly declar-
ed in the Starr Chaml>er these Accusations
aeainst the duke of Somerset; and on the'22d of
diet, with much shew and ceremony, were all
the crafts and corporations of J^ndon com-
manded to repair to their Halls, and ihcre it
was sliewed tlicm, That the duke of Somerset
would have taken the Tower, seized on the
broad-seal, and have destroyed the city, and then
tu have gone to the Isle of Wight. After this
Declaration, they were charged cjich corpora-
tion to ward every gate In London, and to have
a walking watch through the city. 1 owarcis t he
latter end uf Nov. a Letter was sent to the lord
ckaiicellor, to c^use a sufticient Conmiission to
be inruie, and sealed with the great seal of
Kogland, fit Oyer and Terminer, to the lord
marquis of Winchester, that he may thereby l>e
the king's seneschal, hac unica rice tuntum^ for
die liearini; and determining of the treiisons and
fcloiiies of the duke of Somerset, giving the
iliie f»f the aaid coromissioii the '28th of Nov. ;
^ tla- 1st of Dec. was ordered for his trial.
Dec. 1. The duke of Somerset came to his
Trial at Westminster-Uall. The lord treasurer
sat as high-steward of England, under the
cloth of state, on a bench between two posts,
three degrees high. All the lords to the num-
ber of twenty-seven, viz. Dukes ; Suffolk, Nor-
thumberland.— Marquis Northampton. — Earls;
Derby, Bedford, Huntington, Hutland, Bath^
Sussex, Worcester, Pembroke.- Viscount He-
reford.— Barons; Burgaveny, Auclley, Whar-
ton, Evers, Latimer, Bourough, Zouch, Stafford^
Wentworth, Darcy, Sturton, Windsor, Crom-
well, Cobham, Bray. These sat a degree
under, and heard the matter debated.
The Crimes laid against him were cast into
five several Indictments, as king Edward 6 has
it in his Journal ; but the Record mentions
only three, whether Indictments or Articles, is
not so clear. 1. *' That he had designed to
have seized on the kingS person, and so have
governed all affairs. ^2. That he, with 100
otliers, intended to have imprisoned the earl of
Warwick, afterwards diikc of Northumberland.
And 3. That he had d( sitrned to have raised
an Insurrection in the city of London.*' But
the Indictment which here follows, is only for
designing to seize on and imprison the duke of
Nortliumberland.
" London' ss.
" Inquisitio capt' fuit apud Guihald* Civitat'
London die Sabliutlii, videlicet vicesimo primo
die Novembri«, anno regni domini Edwardi
nuper Regis Anghe sexti, quinio, coram Ri-
chardo Dobbes tunc Majore Civitit'I^ondon, ac
aliis Justiciariis, & Conimisbioniariis per sacra-
mentum duodecim, &c. qui dixerunt super
sncramentuni suiim, quod F.dwarrhis dux Vo-
mers' nuper de Sion m Coniitat' Middlesex*
Deuin pre oculis suis non hahens, sod insti-
gationc Diaholica seduot' & debit', legiantie
sue niinime pondcrans, apud Ilolborne, in pa-
rochia sancta Andree infra civit' London, vice-
simo die Aprilis anno n*gni dicti nuper Regis
Edwardi sexti quinto supradijto, & diversis
dicbus & vicibus nntca 6c postea false, mahti-
ose, & pmditorie, per apertum factum circumi-
vit, coinpassavit, & immaginavit, rum diversis
aliis personis prefiiclum nuper Reijem E^lward-
um sextum de statu siio Regali di ponere 6c
deprivare, necnon ex injuria i>ua propria Per-
sona Het^alein ipsius nuper Re^nis natund'&
supremi domini ahsq; authoritate aliqu:i bihi
per ipsuni nuper R».'s;rm dal', sive coiici*<>s:i in
solain gubernationeni predicli nuper Ducis ha-
bere «S£ retinere, ac ad vulunlatcni ejiiMlcm nu-
per Ducis rotiere \- tr.ncture, ac cri-.un omnia iSr
siui^iila doniinia, negoiia, authoritatesque R( j^iiis
hujus regni An«j,lie ad libit' ipnns nuper Diicis,
ordinate &c uti, adiunr ^: iliidcm arrogant',
false, malitio*e, \' prodiiorie compa^^savit &
ima^inavit : Kt ulienus juratoros prcdicti pr<-
sentahant, quod idem nuper Dux Sonu'r.-^* ad
suani prtiditoriani intentioncm perimpli nd', 6c
profir end', ex nialitia sua prccojiitai' sripsutn
simul cum ISiichacle Stanhope nuper de. Fie- •
dhigton in Coinitat' Sur' Nlihi', .Milone Pa-
triche nuper de l/>udun, Milii', Thoni' Hal-
b\9] STATE TRULS, 5 Kdw. VI. \55\,—Procfeding8 against Eduard [520
crol'i iiiiper de L(indony iSIilit', Fmncisco New- ad supremum pareiu illoruoi seperatim publico
dii(;uteimiicr(lcLi>iidongciicron\acciimdiverbb I exuinuuui quiiilict eorum scperutiiu diaeruut,
_if!- . :. _ .1 ... _ I I T.»J__' J.... T^..^ C. .'
alus persoiiis od numeruni centum persoiiaruin
Jurator\predictis ignot' in tbrcibili modo ex
eiiruni propriib auiitoritatibus ad inieiitiouem
cupiciia & iniprisoiiiind^ pieiiobilem Juhannein
Du|jer Ducem Nurtliumberl' adtunc Cumitem
V^arr', unum de Frivat* Concilio dicti nuper
Rep» tunc cxisten' adtunc ic ibidem illicite,
&l^, iitaiitiude, & proditorie a&bOinhlaveruut,
ipsiiiqiie aiodo & ibnna prediccis, illicite, vo-
luntaries &c inalitiosc asscniblal', ad perim-
plend' & cxequend' t'aNain ^ pruditoriaiu in-
tent ionein buani predictauL, faLte, voluntarie,
mulitiosie, & prutiitorie, adtunc & ibidcia per
spatium duarum huraruin ik nmplius insiinul
continnaverunt & reiuanseruut, cuntra legiau-
tiaiu buam Hcbitan),& cuntra pacem dicti nuper
Regis c*oronani C^ dit^nitatem suas, nc cuntra
foruiuin divi'isonim satutoruni in hujasmodi
casii nuper edit* \' provis*. Kt ult^rius Jura-
tores predicii presrentuliant, quod predictus
Edwardus nuper Dux Suniers' Dcuiu pre <>cu-
^ lis Sdis noh Imliens, sed instii;atioue Uiabolica
aeduct* vices^imo die Mail, anno rcgni dicti
nuper Rek;is Hd^^anii M'xii (piinto supradicto,
itk diversis aliis dielms 6c vicihus antea, & pos-
lea af)ud ilolhorni', in predicta'parochia stincci
Aiidive intra ( ivitac' l.ondwn, A: apud divrr^a
oli.i luca, infra ('iiitat* 1^>ndiin predictani ielo-
nicc, lit WAi) dicti nuper llegis per aperta verba
quod pred ictus Ed«v'ardu» nuper Dux Somen'
de seperalibus proditionibus predictis bibi sepe-
roiim in I'ornia prudicta superius iinprisit* iu
nullo i'uit inde culpabil*. £t ultcrius quilibct
corumiieperatuai dixcrunt, quod prediciut £d-
wardus nuper Dux Somers* de t'eloaiis predictu
sibi seperutim in forma predict a vuperius im-
posit' fuit culpabil* modo et foriua, prout per
seperaliu indictamcnta indc superius suppouc-
batur, super quo instant* servien' dicti nu|ier
Regis ad legem, nc ipsius nO|>cr Regis Atturn'
juxtu debit' legis forinam pet' versos euiulem
Edwardum nuper Ducem boxners' judicium, 6c
executioncm super seperalibus fcloniis predictis
pro dicto nuper Rei^e Imbeiid', &c.
^* £t super boc visis per Curiam predictam ad
tunc intellectis omnibus &c singulis prcniissit,
consideratum fuit quod predictus Eidwerdiit
nuper Dux Soiuers' quoad seperales prcnliciones
prcdictab sibi seperatim in fonna predicta su-
perius imposit', 6c qmuulibet coroin irei inde
quiet*. Kt quoad seperalis felonias predict*,
cidcni jnuper Duci ^'onle^s' in forma predicta
supciius impo>it* undc invent' fuit culpabil',
ulieriub consideratum fuit, quod idem Edwar-
dus nuper Dux Simirrs' buspeuderetur, ^tc."
Tben were read the Denosiiiomt of Pulmff,
Crane, Ilainond, &c. and the king's omiisel
opened the Indictment, and urged siruiigly
&i tact a prociirnvit, niovit iSi inntigavit ci»mplii- { Palmers voluntary Kxaniimuitjn (as they called
run' bubdit' dicti nuper Regis ad insurgt-nd'^ ' it) w'nh Crane'b and the other Examinations.
aptMtiun rcbelliouf-m ^ iuburrectionein intra lite duke of S<»mer>et being, it seems, little
lioc iet;num Angiie luovi-nd', pontra ip>uni nu- ! acquainted with law, did not desire counsel to
per Regfm, & adtunc 6i ibidem felonice nd j plead or assist him in point of law, but only
capiend 6c iniprisrmand' prcdicttmi prenobil' answered to matterb of fact : he dcMred no ad*
vnnUi^c might be taken against him tor any
idle or angry word that might at any time have
fallen from him ; he protected he never intend-
ed to have raisenl the noriiu-ni parts but had
only u]Min some reports, tent to bir \\ui. Her-
bert to be his friend ; that Itc bad never ditrr-
mined to have killed the duke ol Northumber-
land, or any othor person, but had only talked
of it, without any mtcntion of ekiing it. 1 bat
fur (he de'si^n of d(sin)ving the gindannery, i(
' was ridiculous to think, tiiat he wich a ^nlall
tMMtp C4»uld de<«troy so strong a body, consisiing
<it' 000 men; in which, though he had suc-
ci'ided, it could have si<:nitietl notlting. 'I hat
le never de*^if;nc<i to r«i>e any surs in Lfind'm,
ipiend' 6c iniprisrmand' prcdicttmi preno
Johanncni nuper Ductm Northumhefhuirj,
tunc Coinit' Warwic' de Privat' Concilio dicti
nuper Kcgis adtunc existon' contra pacem
ipsiu5 nu| er lUgi> coronam & elignitutem
Auas, ac contra fornuim statnti in hnjusn)odi
cauiia editi & provis'. — Et postea scilicet
die Martis priioo die Decembris, anno quin-
to supradicto, (or:uu Willielnio Marchione
Wynroii, TlitsMurar' Angiie, nccnon Sencs-
ch'tllo An^ilie, hue vice apud Westmonaste-
riiiiu ven' pratdictus Kdwardus nuper Dux So-
mers*, sub cnstod* Johannis Gage prenobil* or-
dinis Gartcrii Milit*, Coiistabular' dicti Turr'
London, in cujus cu^tod* preantea ex causa
predict. I, & alii.s rt>rtis de caiisis commi^'sns fuit
ad b:irr' apud Westnnnr.isterium priMlictnm i but had alwavb looked upmi it as a phice where
duct* in propria ler.son.'i sua qui cominittcbaiur ! he was most We. 'I bat his having men about
prefiit* Constaliular', cVc. Et statim de omni-
bus C^ siiigidib srperalibns proditionibnx, ^ i\-
liiin at <iiecn\>ich wn> with no ill ilesign, sinctQ
v^hen he could have done mi^'hief with them.
Iouii> predictis bihi buperius inipo»it* allocat* he had not dcnio it : but upem his attMchment
qudii* >t' vol«ii>sr t inde acquietari, dixit quod ■ rendered Itinibi'lfa pri.Minet, (Without any resi>t-
ijise in nullo fuit cdlpal.'ir. Et ind<* de lM>no ance. He objecie<i als«i many things iigainst
A: nialo pon* be »n|:er pares snos, &'r. Super the Witnt;<M!s, nud de'>ired they uii{;liC be
<jnon»nrie\ I )n\ SulVoIc*, Johannes Dux Nor- I bn)ught lace to face. He particularly spoke
tl.uniUrland. ^ cetcri (.'omit' iSc Raronfjs, pre- I ngainztt sir Thomas Pidmer, the chief witi
diet* Edvvanli nuppr Dncis Somers' pares in^
stant sup(reH>iun) Hdeliiatibus & legianc' dicto
nufHT Kegi ilebit* per prefuc' Sen eschar Angiie
de veiiiate inde dicend* oocrati ; Et postea
|icr cuiidciB Seneschal* «b iufcriori pare^ ysquc
[iiess.
iiut the wiines«es were not brought, only tbc-ir
Examinations before-nu ntioned read. L-ivon
thfs the king's counsel rephed, and avouched
the law to be» to assemble men with intent to
kill the duke of Northumberland^ was Tieoaoa
/
521] STATE TRIAL5, 5 Edw. VI. 1551 DukeqfSamenet, for High Treason. [5l'J
Tli^ii ihe duke of Northumberland addressed
himself to the duke, and told liim. That ikiw,
ftinc^ by the luw he yMna ooudeniiMrd to die, bs
be liad tavcMl him forinerlv, so he would' not
now be want in)!: tf> !»erve iuin, how little soever
be ex|ji.'Cted it fmm him ; be desired him tliere*
fore to Hy to the king*s mercy, in which lie pro*
niiscd him he would faithfully ^erve him. The
duke of Soijierset then Uinnked the lords for
their favour, and asked pardon of the duke of
Northumberland, Nortiuimpton, and Pem-
broke for his ill intentions against them ; and
made buit for his bfe, and for his wife and chil-
dien : and fiom thence he was carried to the
Tower, where he remained till January U2y
when his P( tition for life having been rejected,
he was brou|;lit to tlic tcatfold al)Out eight
o'clock in tlie morning.
bf a Statute of the 3rd and 4th of Kdw. G,
made ajiBnibt nnlawful Assemblies, ^vhich
enacts, ' That if twelve persons ^lk>uld huve
ite«emhted tugetlier to have killed any privy-
couuseller, and upon proclamation tliey liavc
not dispersed themselves, it was Treason : or,
if such twelve had been by any mabrious
artifice brought together for any Riot, and
being warned, did not disperse themselves, it
was fcloDV wiiliout l>enciit of clergy or .sanc-
tuary.' lliat to raise I^iidon, or the Norih
pans of the featm, was Treason. I'biit to
have oieii about him to resist his Attachment
wu felony. That to assault the lords, and to
demise their death% was felony. Tliese things
were tti);ed ugaiust him by the counsel (as is
tbeir usual way of pleading) with much bitter^
ness. Then tlie peers witiidrew to debate the
matter. The Proofs about his ilesign of raising
tke North or the City, or of killing the gen>
dinues, did not satisfy them, (for all these had
been without (juestion treasonable) so they
Duly held to tliat point, ' of cojihpiriiig to ini-
pruoii tlie duke of Northumlierland.^ 1 he duke
sf Suffolk was o^ opinion, Tliat no contention
inaiug priiHte subjects should be on any ac-
count screwed up to be Treason. Tlie duke of
N<irtliuiuberhin<l said he would never consent
that any );nictice aCMiobt him should be rc-
fitcd Treuson. Scvend of the lords said,
bey beM it unfit that the duke of Northum-
kerhind, the nmrquis of Northampton, and the
rarl of Pembroke should be on the Trial ; be-
cause the prisoner was chietly charged with
practices intended against them. But Auswer
was made, That a peer of tlie realm might not
be challeiigt'd. So after great ditference of
opinion, tJic y all ac()iiiticd him of Treiisou.
out the grcattr number found him guilty of
Felony, (^) and Judgment was given that he
should lie liaiigt-d.f A j
(e) '* One jXttuinder passed in Edward 6th*s
reigu. when, thouirh the parly was not heard,
the wiiiM.sfeB were heard ; but wlien tlie duke
of .Somerset came to be tried both for Treason
and Felony, he bad not tbt? Irene tit of the ac-
cusers being brought face to fiicc, but was pro-
ceeded agiiiiist upon defiosiiions read in tlie
ruuri ; he was acqiuttod of tiie Treason, hut
ea*>t tor Felony ; and that ^iccabioned the Act
wlkich the coiuincms grntttMl upon a Hill sent
down by the h»rds in the MubM.><ioent sobsions,
VII. 5 and (* tldw. 6. >Slute Tracts, vnl. 2, p.
io4. By which Act, no person shall be in-
dattril, arraii^necl, &(*. unless the olfeiidcr be
accM^ed hv two lawful nccus< ri^ ; whicii ac-
cuser a, at the time of tiic Arm ignuieur, shall
l« brought in perMin bcibrc tlie party so ac-
cused," &c. 1 Uasital, 10?.
(fij Thuaiius rr.ui'^lwted by the Rev. Mr.
MriJNin, vol. 8, p. 409, says, *' In Kngland
ibefe were troubles of a most danperous na- !
tare ; iur John Dudley, first created rarl of
Warwidc, imd then duke of Northumberland,
an ftfobit^o and sagacious man, had accuai'd
^ duke of Somerset^ Protccior uf the realm,
Account of the Dukt^s Exfcution.
Touching which Execution (i) a few wordi
liere wonUl be bestowed in describing tlie woo-
derful order and n&auner tliereof, according as
it hath faithfully been suggested to us upon the
credit of a certain noble pei-stmage, who oot
only \v:is there present at the dei.'d doing, but
:d^o in manner next unto him upon the scaffold,
heholding the order of all things with his eyes,
a person of mean spirit, whose patience he had
king abused, of male-administration, ami had
procured his imprison meut ; kxiier that, being
reconciled to him, he put him opcm belieading
his brother, who was exceeding hrave, and for«
midable to Northumberland. Which done,
after he had gamed his wish, and drawn the
chief power into his own hands, he had uuthiog
else to do, but to remo\e Somerset himself out
of tlie way ; tuward;* whom he shewe<l such a
coiitemjit, as dnivc the other upon thought oft'
killing UudlcYi for the vindication of his own
authority. Somerset tlierelbre went to his
house under pretence of a visit, covered with a
coat of mail under his cloatbs, and carrying
with him a party of armed men, whom he left
in the next ciiainbcr; but when he was intro-
duced in the civile»t inHiiucr to Dudley, who
was naked, and lying upon. his hed, tlie good
natured man rof)ented him, would not execute
his design, and departed! without striking a
stroke. 'I'iie pint being at'tcrwards discovered
by the tre»ciiery of some of the accomplices,
he was accuscfi upon it, and, notwitiisianding
the unwillingness of the king, who had been
bnjuuht lip under his rare, was condemned to
deati-, hecan^e he liad otfendrd against a late
law, whicl) had pnivided, Tluit wliocvcr was
found contriviii<|; the death of a privy-coun-
S4'llor, tliQiigh he did imt acc^implish it, should
forleit his head. Accordingly, in the bt^inniug
oi' the next year, he was, by the inaiignHUt
sport of fortune, heliended at London. \Virh
him sulUrcd sir Ualph Vane, by whose advice
Somerset wiu* said to luive held liis unlawful
cabals, and to have conspired against Nurihuiu-
bcrlnndairl otliers."
(i) « Fox's Book of Martyrs, 1247.
523] STATE TRLVLS, 6 Edw. VI. 1551 Proccedinga against Edxiard [524.
and with his pen also reporting tlie same in
order and manner as here followech :
In the year of our Lord 1552, the 22nd day
of January, the noble duke of Somerset, uncle
to king Edward, was brouglit out of the Tower
of London aud delivered to the sheriffs of the
city, and compassed round about with a great
number of armed men, both of the guard and
others, he was brought unto the Scaffold on
Tower-hill ; where as he nothing changing nei-
ther voice nor countenance, but in a manner
with the same gesture which he commonly used
at home, kneeling down upon both his knees,
and lifting up his hands, commended himself
onto God. After that he had ended a few
short prayers, standing up a^ain, and turning
himself toward the east-side of the scaffold, no-
thing at all abubhed (as it seemed wiiio me
standing about the midst of the scaiTold, and
diligently marking all things), neither with the
sight of the ax, neither yet of the hangman,
or of present death ; (k) but with the like ala-
crity and chearfulness of mind and countenance
•K beforetimes he was accustomed to hear the
causes and supplications of others, and espe-
cially the poor, he uttered tlicse i^ords to the
people :
* Dearly beloved friends ; I am brought
* hither to suffer death, albeit that I never of-
* fended against the king, neither by word nor
^ deed, and have been always as hiithful and
* true unto this realm, as any man hath been.
< liut forsomuch as I am by a law condemned
' to die, I do acknowledge myself as well as
* others to be subject thereunto. Wherefore
' to testify my obedience which I owe unto the
* laws, I am come hither to suffer death ;
(k) " It was generally believed, that all
this pretended conspiracy upon which he was
condemned, was only a forgery ; for both Pal-
mer and Crane, the chief witnesses, were soon
after discharged, as were also Bartvile and
liamond, with all the rest that had been made
prisoners on the pretence of this plot. And
the duke of Northumberland cnntmucd atler
that in so close a friendship with Palmer, that
it was generally believed he had been corrupted
to )»ctray him. And indeed, tlic not bringing
witnesses into court, but only the dopositiuiis,
and the parties sitting Judges, gave great r>cca-
sion to condemn the proceedings against him.
For it was generally thought, that all was an
artitire of Palmer's, wlio had put the duke of
Somerset in fear of his life, and so got him to
gather men about him for his own preservation ;
and that he afterwards being taken with him,
seemed throu<;h fear to acknowledge all that
which he h^d before contrived. This was more
confirmc^l by the death of the other four, who
were extcuted on the 26th of Feb. and did all
protest they had never been guilty of any de-
sis;n, either against the king, or to kill the lords.
Vane added, That his blood would make Nor-
Chmnberland's pillow uneasy to liim. The
people were (generally much affected with this
cxecuiioD." 2 Bum.* Reform. 186.
' whereunto I willingly offer myself, with most
' hearty thanks unto God, that hath given me
* this time of repentance, who might through
' sudden death have taken away my life, that
' neither I should have acknowledged him nor
* myself — Moreover, dearly beloved friends,
' there is yet somewhat that I must put you in
' mind of, as touching Christian Religion ; which,
' so long as 1 was in authority, I always dili-
* gently set forth and furthered to my power.
* Neither I repent me of my doings, but rejoice
/ therein, sith that now the state of Christian
' Religion cometh most near unto the form and
' order of the primitive church. Which thing
* I esteem as a great benefit given of Gi>d both
' unto you and me : most lieartily exhorting
' you all, that this which is most purely set
* forth unto you, you will with like thankfulness
* accept and embrace, and set out the same in
* your living. Which thing if you do not,
' without doubt greater mischief and calamity
* will follow.'
When he had spoken these words, suddenly
there was a terrible noise heard : whereupon
there came a great fear on all men. This
noise was iis it had been the noise of some
great stonn or tempest, which unto some
seemed to he heard from above ; like as if a
great deal of gunpowder being inclosed in an
armoury, and having caught fire, had violently
broken out. But unto some again, it seemed
as though it had been a great multitude of
horsemen running together, or coining upon
diem. Such a noise then was in the ears of
all men, albeit they saw nothing. Whereby it
happened, that all the people being amazed
without any evident cause, without any violence
or stroke stricken, or any man seen, they ran
away, some into the ditches and puddles, and
some into the houses thereabout ; other some
being afraid with the liorror and noise, tell
down groveling unto the ground with their
pole-axes and halberts; and most of them
cried out, ' Jesus save us, Jesus save us !*
Those which tarried still in their places, for
fear knew not where they were. And I my-
self which was there present among tlie rest,
being also afraid in this hurly-burly, stood still
altogether amazed, looking when any man would
knock me on the head. — In the mean time, whiUt
these things were thus in doinc, the people by
chance spied one sir Anthony Brown riding un-
to the scaffold, which was the occ^ision of a new
noi^e ; for when they saw him coming, they con-
jectured that which wjis not true, but notwith-
standing which they all wished for, that the
king by that messenger had sent his uncle Par-
don ; and therefore with j»reat rejoy cine, and
casting up their caps, they crie<l out, * Pardon,
pardon is come : God save tlie kini; !* Thus
this good duke, although he was destitute of all
man's help, yet he saw before his departure, in
how great love and favour he was with all men.
And truly I do not think, that in so great
slaughter of dukes as hath been in England with-
in these few years, there were so many weeping
eyes at one time ; and not witliout causo : for
$25] ^ATETRIAIS, 5 ED\y.yh l55i.^I>ukeqfSamfrset,for High Treason. [52a
all men did see in the decay of this duke, the
pubhc ruin of* all £ngland, except such as in-
deed did perceive nothing. But now to re-
turn from whence we have strayed, the duke in
the mean time stiinding still in the same place,
modestly, and with a grave countenance, made
a sizn Co the people wiih his hand, that tltey
would keep themselves quiet. Which thing be-
ing done, and silence obtained, lie spake unto
them in this manner :
* Dearly beloved friends, there is no such
' matter here in hand, as you vainly hope or
< believe. It seemctli tlius good unto Almighty
* God, whose ordinance it is meet and neces*
< sary that we all be obedient unto. Where-
* fore I pray you all to be quiet, and to be con-
< tented i^'itii my death; which I am most wil-
< ling to suffer: and let us now join in prayer
' ttuto the Lord for the preservation of the
' king's majesty, unto whom hitherto I have
' always shewed myself a most faithful and
* true subject. I have ulwavs been most dili-
' cent about his majesty in his affairs, both at
' home and abroad, and no less diligent in
' seeking the common comniudiry of the whole
' realm.' At which words all the people
cried out, and Siiid, ' It wns not true.' Then the
duke proceediuKi suid, ' Unto whose majesty I
* viiah coutinuau health, with all felicity and all
* prutperous success/ Wliercunto the people
■gain cried out, * Amen.' — ' Moreover, I do wish
' unto idl his counsellors the grace and favour
* of God, whereby they may rule in all things
'uprightly uith justice. Unto whom I exhort
' you all in the Lord, to shew yourselv(?s ohe-
' dient, as it is your bounden duty, under the
' paiu of condemnation, and also most profit-
' able for tiie preservation and i>afeguard of tlie
' king*s majcTity. iMoreover, forsomuch as
* Iteretofore I have had oftentimes affairs with
' divers men, and hard it is to please every
' man, tlterefore if there be any that liath been
* offended and injured by nic, 1 most humbly
' require and ask him forgiveness; but espfK:iully
' Almighty Gud, whom throughout all my life I
' have most grievously offended : and all other
' nrliatMiever tliey be tfiat have offended me, I do
* with my whole heart forgive them. Now I once
' again require you, dearly beloved in the Lord,
' that you will keep yourselves quiet and still,
* lest ihrougii your tumult you might trouble
' me. For nlbeit the spirit be willing and
* rendy, the ilebh is frail and wavering ; and
* through your quietness, I shall be much mure
' quic'ier. Moreover, 1 desire you all to bear
' me witness, that I die here iu the taith of
* Jesus Christ; desiring you to help me with
' Viur prayers, that I may persevere constant
' JO the same unto my life's end.*
After tliis, he turning himi^elf again about
like a meek lamb, kneeled down upon lus
kr.res. Then Dr. Cox, wlio was thcro present
(u cumiM.'! and advertise him, delivered a cer-
tain tcHill into his hand, wherein was contiiincd
a brief Cunfebii ion unto God ; which being rend,
l>c kiuoij up again upon Iri^ feet, without nny
UuuUc (A mind, (osU appeared; and first bad
the sheriffs farcwel, then the lieutenant of the
Tower and others, taking them all by the hands
which were upon the scaffold with him. Then
lie gave the hangman certain money. Which
done, he put off his gown, and kneeling down
again in the straw, untied his shirt-strings. Af^
tcr that the hangman coming unto him, turned
down his collar round about his neck, and all
other tilings which did let or hinder him. Then
lifting up his eyes to Heaven, where his only
hope remained, and covering his face with his
own handkerclucf, he laid himself down along,
shewing no manner or token of trouble or fear,
neither did his countenance change, but that be-
fore his eyes were covered there began to appear
a red colour in the midst of Ids cheeks. — ^Thus
this most meek and gentle duke lying along,
and looking for the stroke, because hb doublet
covered lus neck, he was commanded to rise
up and put it off; and then laying himself down
again upon the block, and calling thrice upon
the name of Jesus, saying, ' Lord Jesu, save
me !' As he was the third time repeating the
same, even as the name of Jesu was m uttering,
in a moment he was bereft both of head and
life.';
His son continued in a disconsolate condi-
tion, deprived of all his titles; till queen Eliza-
beth, in the 1st year of her reign, created him
earl of Hertford, and barou Seymour; and his
grandson, William earl of Hertford, was created
marquis of Hertford, 1610, and in the year
16G0, he presented the fi)llowing Case to the
house of peers : which giving a great light into
that proceeding, is here msertc^.
The Casf. of the Martfui$ p/'Hf.rtfoud, tmich-
irif: I ht Dukedom vf SoMr.usr.T, a.d. 1660,
zt'ken the Bill xcas bruufiht into Parliament
to rt stoic him to the Title of Duke of So-
r.DWARD, earl of Hertford (great grand-
father of the said marquis) was by letters pa-
tents under the great seal of England, bcanng
date the 6th of April, 1 Edw. 6, created duke
of Somerset, to hold to him and the heirs males
of his body, upon the body of the lady Anne
his then wife begotten and to be begotten, for
ever : with several other remainders over in
tail. — The said duke afterwards, viz. in Mi-
dline Imas-Tenn, 5 Edw. 6, was indicted of
Felony, for procuring and stirring up others to
take and imprison John c:irl of Warwick (one
of the kinfi's privy council); which Indinuient
(though void both in matter and form) was pre-
tended to be grounded on the statute of 3 and
-\ Kdw. 6, vkhich makes it Felony to stir up and
procure others to take awav the life of anv of
the kint;';^ council; but this Indictment wns
only tor stirriuir up others to imprison a privy-
counsellor, (which was never reduced into act)
and the same declared and branded in print to
he void by learned judjies. Vet the said duke
was found guilty of Felony, and ])ut to death
for this fact, which was but a pretended. felony ;
and if true, yet no entailed estate forfeitable
therebv. — ^The malice of his enemies not satis*
5Q1] Sl'ATE TRIALS, 5 Edw. YI. 1 5 jI. -^Proceedings concerniitg ilte
[52S
lied witli his blood, afterwards bj their power
(iu the infancy of the duke's heir, who continued
aad was owned for duke of Son^erset for several
months afler bis futher*s death,) itrocured an
act of purl lament in ihe saine year, 5 Kdw. 6,
intituled, * An Act touching' the liinitu*ion of
the late duke of Souierset s Land»,' u herein
thert is a clause obliquely inserted, to take
away the said honour so entailed as aforesaid ;
which by no Felony (how notorious soe\'er tlie
same had been) could by Uw have been for-
feited, viz. " Aud be it farther enacted, That the
said duke and his heirs ntales, begotten upon
the body of the said lady Anne for ever, shall,
by authority of this Act, lose and forfeit unto
your highness, your lieirs and successors for
ever, aiui also be deprived from henceforth for
ever, as well of- the nnines of viscount Beau-
chafnp, earl of Hertford, and duke of Somerset,
and every of them, as also of uJl and every
other his and their lionour or honours, degrees,
dignities, estates, prehemineoces, and styles, by
whatsoever name or names he the same duke
hath been called, named, or creatL-d, by any
letters patents, writs, or otherwise." 'This beiui;
n case unprecedented, both in law and hisiAry,
and so cuntrary to the rules of law, justice and
reason, to have an attainder of Felony stand,
fiir an oflfeuce, wliich apparently neither then,
nor at any time atter, was felonv : and if a
felony yet to have a forfeiture extended beyond
the offence, (if tliere were any) and to be to
maliciously prosecuted after the deatii of tiie
said duke, (who was mainly instrumental in
bringing about ilie blessed Ueforraution of Re-
ligion) It i^ humi)ly conceived to be most
agreeable to justice to restore the said marquis,
who is heir male of the bodies of th^ said duke
and the lady Anne his wife, to liis ancient ho*
nour, so ill^ally taken away as aforesaid."
Whereupon, in September 1660, the said
marquis of Hertford was restored to the Duke-
dom of Somerset, by a repeal of the Act of
the 5th of Edw. 6.
43. Proceedings concerning the Non-Confornuty in Religion of the
Lady Mary, Sister of the King Edward the Sixth, after-
wards Queen of England : 4 & 5 Edw. VI. a. d. 1>550, 1551.
Fox's Acts and Monum. 700.]
[2
By the first Instrument which is here printed,
it appears that a letter or letters had been
sent Dv the Lord Protector and Council to the
Lady Mary, remonstrating l^^ainst her Non-
contormitY. Such letter or letters I have not
found.
The Lad If Mart/s loiter to the Lord Protector
and the rest of the Council,
" My Lord; I perceive by tlic letters which
I late received from vou, and other of the
king's majesty's council, that ye be all sorry to
find so little conformity in me touching tJie
observation of liis majesty's laws; wlio am well
assured, that I have oflfended no law, uniefis
it be a late law of ymir own making, for the
altering of matters in Religion, which in my
conscience is not worthy to have the name of
a law, both fur the king's honour's sake, the
wealth oi' the realm, and giving an occasion of
an evil bruit through all Christendom, bcsidey
the partiality used in the same, and (as my siiid
conscience is very well persuaded) the olTeiulin!;
of God, which passe th all tl»e rest : but I am
WfU assured th:it the Lin:; his father's laws were
all allowe'.l and consented to withimt compul>
sion by the whole realm, both spiritual and
temporal, and all yc excajturs sworn upon a
bt»ok tu fulfil the same, so that it was an au-
thoriied law, and that I have oheycd, and will
do with the trace of God, till ilie kn^'s maiesiy
my brothfH' almll have suAicitnt years to be a
{""udge in these matters himself. Wlierein, my
ord, I was ploin with you at my last being in
|hc couity declaring unto you at tlint tine
whereunto I would stand, and now do assure
you all, that the only occasion of my stay from
altering mine opinicni, is for two cuu»es. — One
principall;' for my conscience sake ; the other,
that (he king my brother shall not hereafter
dmrge me to be one of those that were agree-
able to such alterations in his tender years.
And what fruits daily grow by such changes,
since the death of the king my t'aiher, to every
inditVcrent person it well appeurtnh, butli to the
displeasure of (jod, and unquietueM of tlie
realm. — Notwitjistandin^, I assure you all, I
wuuid be u:» loth to si-e hi» highness take hurt,
or tlint an? evil should eome to i\m his realm,
as the best of ycm all, and none of you have
tlie like cause, considering how I aui coniprlled
by nature, being hi>« majesty's poor and humble
sister, niont tenderly to love and pr:iy for him,
and unto this hit n-ahii (being boin within the
same) with all wealth and prosperity to God's
honour. — And if any jiMlj;e of nu* the contrar?
for mine opinion's siKe, as I tnir>t none doth, I
donhi not in ihe end, vnIiIi God's help, to prove
mvbelf as true a natural and liumble sister, at
they of tiie contrary opinion, with all their de-
vices and altering of huvs, shall pr(»vc them-
selves true subject!* ; prayin^r you, my lord, and
the re!«tof the eouncil, no more to trouble and
ujifjiiiet nic with matters touching my consci-
ence, wherein I am at a f>iil point, wiili God's
help, whatsoever shall liTippen to me, intending,
with lii« grnce, Co tn)ulile you little with any
worklly suits, but to bestow the sltort lime I
think to live in quiet iii'ss, and pniy fiir the
king's majeMy aud ull you, heartily wiibipgi
529] STATE TRIALS, 5 Edw. VI. } 551. — Non-Confomiij/qfihc Kinj^'s Sister, [/>30
that your proceedings inny be to CukVa honour, | out a dispcnsutinii by ii law, nnd herein her
the bUtVguard of tlie kiti:;'9 peis:)ii, and quiet- | erace shall undiTstaiid, that it is no law which
ue>a to the whole realm. — Moreover, where ' is diwolvcd by a law : neirhor n»:iv her gracss
viiur desire b, Tiiat 1 «h«»nl(i r't-nd my controller I do that injury to the kinii's niajf^ty hrr brother,
und i)r. idipton untiivcni, l)y uhom you would i to diminish his auihoriiy bO I'.^r, that he may
bi^nily your minds in.)re ain^>ly, to my cuiitcn- not, by tiie tree consent of a parliament,
Litiua and hitiiuiir ; it i> not unknown to you amend and alter uiiprn(itiil'>lf> lai\s, for the
till, that the cliiet'chnnie ot' my li'iuiie resiech ■ number ot* inc<.-nvenit-nct.-s ulu'.i) hcri^oi'mighc
only upon ttie travel? of my buitl rontrollcr, .follow, as Iut crace with ctmsideration may
who huth not bien at;bent Irom m^^ house three i well p'rteivc/'
vvii'ilc days »ince the settini; up of the sanio, . * UlVence rakrn by ih? siiidii:i: for hcp Ofii-
auless it were for my leitei> patents; so that ' ccrs.' You shall ^ay : '* 1 1 her L'v.'.cy coii-jidcr
if It were not for his continual diii^icnce, I the lir^t letters ol' thai purj»o'i', tluy will dcclaro
think niy little portion moidd not Lave streiclied . our p^'^d mcanii «; to biT, aiid hor p[cntle usane,
sii t'ixr. And my chaplain by ofca^on of sick- ' reqnimi; the prcNcnre of her tru>iy siT\ant,
iii';s hath been luni; ab<3enl, and is not \et able lic:.i>ise alje migiit give tni>PL- tiuat to our
to ride. — 'i hereforo like as I cannot forbear message."
mv controller, und inv i;rir>t isr not able tu * Her hou<<r i* her flock.* You shall say : '*It
i>urnev, m> shall 1 flesire vuu mv lord, and all '. if v^eli liked hrr <:racc slioiild have her house or
tlie n'«t of the council, that having any thin*; - tlcrk, but hut c\em|jl Iroin the kin<:*s orders;
to be drc'l.ircd to me, except inatiirsof reliLVon, iiciilicr may tlunr !.«• a th;ck of the kind's sub-
Te vfiil e.il'.er urite your minds, dr stnd some ■ ji^^Ms, but su'h :«s will hear and follow ihr voice
iru<»;y person, with vi^om 1 .'^li:tll be cnltntiJ of the kin*: their ^hcplicrd. Ood di^alloweih
to till k, ami nuiko ansiMM* as tin; c.iM-e hh-iU it, law and reason l(M-hi:Mt'th it. policv abhorrcih
re<]iii:«^: u>*>u ring you tii::t if :*ny :)crvai:t of it, and Ikt honuur may not rcipiiieit."
mine, cnther man or wh'omi, i»r ch.'.pi tiii, ; * licr trace drurruh Iu.t obciiencc to the
ihould move me i-> the Cintrarv of inv con- ki'iii's ln\^^, uniil hi'* maic^tv he of sutiicicnt
scitncL', i tvould not i;i\e car to th'^m, nor yen**.* Vou shall say ; ** .She: could in n<) one
HifltT iliO like to be uitd \M:hin my lioii^e. , layini: mr>vc di>allo\v- the anthotity ol' the kin;r,
Aad thus inv lord, wiili mv heart v commcrid- < ihir m.iti'stv of his crown, and tito ^tntc of t>*.u
utiims, I wish uiito yoit anfl the re-it ns \m!I to - r>.:dni. Tor hcrciit "^hc siisnciMlcMi hi»kin«jdnmy
dfiai my-t^'lf. — From my hou-e at Kinnin'4-Ji.ill, and c>icemi'tli Ins aiitlj-niiv by hi** a«:f, not by
the 2.''l of June, ITmO. Your H>!:Uied friend to i hi-o riirlit and tit:c. Mcrui-iLJ- mii>t nnd(!-.-t:Mul
my povier, Mahy." he is a kini* by the firdin.inre of (Jud, by de-
, „ /. • ir ■ ■"'■'"•" r>'V..I iilood, n«'L l)V the nmnbcrin;; of
A hnh iubrance of caf.nn Mifltrx ^/y./;. ■.•;//<•./ . ,,:. ,j.„, " ,\, „ ^......^p;,,. :„!.;,.,£ i., ,„..,talitv,
hyfiw CouncUt.t /«■ dtrL,rtIhi/ Dr. li. f.,n },,. ,-,;.,,, ,....,|,, :,,„i |„ <;.,j|\ .,;^rp ^h:dl havo
tnfh>: huh Moiy\ (,.un\t>*r An^oii to lur \ „.,,.. i^.,\ ..„ .^ ; ..,. • .. j,.,,;, „., ,1;.], .cnr,. hy
jn,,iitr htltr : a-.:,. U ... /./ //. pfon uns. afhr , ^j.,,-, .,:,(! v..a«. Tl.e *^cripr.nv pi .i ^v drriarctll
i/re CusHC to fur litiii'i, UnhopoJ ,\o,uii/t, . i,^*.,.,, ,„ji,. ^.„„„^ riolditn t.. h..vc "bi.-i kin;4
Hcrprnce uriteih, * That tiit- Law made by i by (rod's >pec)-.il oid'.nance, biit i.Uo ruhich is
I*Arh-iinent is nut worthy th-.- nam" of Law,' i to be noted) tu h-r.*- hid be««t siicco*s i:i their
iiieanio'j the Statute for the Commnnion. iVc. [ rei'io, pnci the fivimr of dorl irt their piocred-
You s:<a;i say thtrreio : " The fiidt is i;re:il in " in!:-. Vc:», lo Uicir hfrt u'lis have they raoit
■iiy ^object to diialloiv a law <it" the kin^', a ; purely nJonu'il rhe church and stale tJlnii-
Jiw of II realm, bv h*ni: studv, u-t-v disputation, tiion. Thtrroie her iriare hai!i no can.-c tins
and unifonn determination ot'ihe whtde clenv.
Consulted, debnteil, and concluded ; but ti.e
to (:".iirnii>h liM ::i:iic-:y'> ])i\\f :•, and to make
hiui :i« it will.- no kini; utMil slin thin!, luni tif
peater fault is in her ijracc, luini; nc\t of any I sutficMit veu-. Wlie:cin how much his ma-
Huhiect in blooil and o-tate to the kii);;'s ma- I ji'My niay he j.i-ilv olVer.deil, liicy be »^.)rry to
jeity hff bnither and ijotid hnd, to tii^c exam- | think. "
p'.t of disobedience, bcini; a :*ubjf ct, or of nn- ] She saiih ' s'l*' !•• >uiijcei. to none of the coii.i-
iiaturahie-s bein;; his miijcrty'!* s-ister, or of ci!.' Von >h:'Il «:y, '* If lu r price innler-
fWHlectniii the power oftl." «r»wn, she btinn ^tiuidiih it of m< m that accfnt.it:«^n as we im
hy ihnit.ilion of hi^v nf\t to iht- sune. Thf privaL; men, and not comi-i I »:.■» ^worii to the
evamplf of di-iobctli'iico i" luol }u:il!iu>in thi^ kiu'i's ornes'y. we kn-iwledm* as nut to I e "^^-
tinu*, a> .xhe can %»eh undT'^tiind ; l.'-r md.iiid- peiiorr. : lot if •-he iinder-Miid her writiii;: td*
n»-r» restftli in the ki'i^*- omi a'-eptaiioa ; us as e.iun»ell'H'. ;'nd n»a'^'-:r:;'e- ordai Jed by
the ni'tdeclm*' <^i the oif-er I'cf.m? liod is ' I. is i'vii'?-«l\ , hor _'::we niu:t be c.nitcnied li>
^ ^ ■ •■■II ■
nuiwtT:dile, and in the worM t-jt.d.ttth her i thinl us of antn.mtv ^nt^^ lent l>v the reasin o4
Lonoiir." ' (»ur o:iu-e to el! i'i«riii;i> a »!iri-i!oiiiy ; ii i; t>
' "I'oe F.Teco to rj»,Shc s-'ilth, * wfii' -^worn to . rule b\ pilv .in aiiei i:<»:i, biitby<H)d*s pnAi-
king lleniy ttth his U'Wi.* ^ o»i ^hill ^•^y : '* ft derice ; nof^ r«» om- (-ii n:iti.ni, bul to iho i.i:iL's
ii true, tli-y wen* hworn t.) iiim, his 1jiiv«, his ■ honour, and finally to im njase the kir.j,*- eiM-'r
hHni, and boccc-sojs: wi.i'*h o«!'h they ilidy . with our conni'il, (»ur (h.-iiiy ;ui<l vonilion;
•tlrjervf, and shoidd olVend if they ^^Jonld bieak , and we thmk Icr i'rm .■ »*iil not t-Mj:cl ib.; say-
uiy oni* )ot 4if tlic king*» I iWA iio-.v heir;;: nitl:- > iiii^ nl' ^crlumun in the •i4'.h diapter of the
VOL. i. I - >I
531]
STATE TRIA15, 5 Euw. VI. 1551 Ihoecedingi cmeerning the
[dSt
Book of Wisdom, to more a king to rale hj
Counsel and wisdom, and to build his estate
upon tliein. Whereture iter grace must be re-
membered, the king's mnje&ty's politic body is
nut niude only of his ov^ ii royal material body,
but of a council, by u bom his majesty ruleih,
directeth, and go\ernttii his realm. In the
place of which council her uruce is not igno-
rant that we be set and placed. Wiierelore
the reputation ^hc shail give nsi, she shall gire
it to the king's honour, and that which she
shall take from uh, she bhull take from his ma-
jesty, whose majesty i%c think if it might take
increase, or honour, as Gud giveth a daily a-
bundunce, it should receive -rather increase
from her, bein^ his majesty's sibter, than thus
any abatement/'
' She received master Arundel, and master
Englefield,' You shall say ; *' All the council
remeinbercth well tier refusal to have her house
cliarged with any more number, alledging the
final proportion for her charge, and therefore it
was thought to come more for their eturnest
suit, meaning to be privileged subjects from
the law, than of her desire, which refused very
often to increase lier number. Their cautele
the king might not suffer, to have his law dis-
obeyed, their countries where they should serve
by them to be destitute, aud, having been ser-
vants to his majesty, the circumstances of (heir
departure might in no wise be liked."
* She refused to hear any man to the contrary
of her opinion.' You tJiall say; '< It is an
answer more of will than of reason, and there-
fore her grace must be admonished neither to
trust her own opinion without ground, neither
to mislike all others having ground. If lu^rs be
Sood, it is no hurt to hear the worse. If it be
1, she shall do well if she hear the belter. Site
shall not alter by hearing, but by hearing the
Letter. And because she shall not mislike tlie
oflfer, let her grace name of learned men whom
she will, and further than they by learning sliall
prove she shall* not be moved. And so far it
IS thought reason will compel her grace."
Li the end ye shall say ; '' The good wills
and mindtf of the Lord Protector and the coun-
cil is so much toward her grace tliat liowsoever
she would hcr&elf in honour be cisiecmed, how-
soever in conscience (|uieted, yv.n howsoever
l»enelited, saving their duties to (Jod and the
kiu}^, they would as much, and in their doings
(if It please her to pro\e it) will be uoihing
infcrioui's, assurint! her gr.ice, that they be most
sorry that blie is thus disrjuieted : and if nc-
ccs>ity of .the cause, the honour and surety of
the king, and the judgment ot' their own con-
ftt?ience, moved tlii'm not, thus far they would
iiot hu\c atti-mpied. But their tru>t i^ her
i;rare will allow them the more, when ^he shall
perceive tin* cause, and think no less could be
dor.e by ihcm, ulifre shciprovoked them so far."
These and oilicr of like credit, more amply
committed to you in speech, vou shall declare
to her grace, and further declare your consci-
ence for the allowing of the maimer of the
emmuuDion, oi ye hare plaiulj pnifetsed it
before us. At IlichmoDd the 14th of June
1649.
T/ie Ladjf Mary to the Lord Protector and thi
rest of the Council, 27lh June, 15-19.
** My lord, I perceive by letters directed
firom you, and other of the king's majesty's
council, to mv comptroller, my chaplaiD^ and
master Engleneld my servant, that ye will them
upon tlicir allegiance to repair immediately to
you, wliercin you gave me evident cause to
change mine accustomed opinion of you nll^
that ib to say, to think you careful of my quiet-
ness and we'll doing, considering how earnestly
I writ to YOU for the stay of two of them, and
that not without very just cause. And as for
master Englefield, as soon as he could iiavepre*
pared himself, having his horses so far ofl^ al-
though ye liad not sent at this present, lie would
have performed your request. But indeed I
am much deceived. For 1 supposed ye would
have weighed and taken my letters m better
part, it* ye have received them; if not, to have
tarried my answer, and I not to have found
so little friendship, nor to have been used so un«
gently at your hands in sending £nr him upon
whose travel doth rest the whole charge of my
whole house, as I writ unto you lately ; whose
absence tlierefore shall be to me and mj said
house no little displeasure, especially being so
far off. And besides all this, I do greatly mar-
Tol to see your writing fur him, and the other
two, with such extreme words of peril to ensue
towards them in case they did not come, and
specially ibrmy comptroller, whose chaise is so
great, tlmt lie cannot suddenly be meet to take
a journey : vihich words in mine opinion need-
ed not (unless it were in some very just and
necessary cause) to any of mine, who taketb
myself subject to none of you all; not doubting
but if the king's majesty my brullier were of
buflicient years to perceive tliis matter, and
knew what luck and incommodity the absence
of my said otHcer should be to my house^
Iiis grace would have been so good lord to
me, as to have sutifcred him to remain where
1 lis charge is. Notwithstanding, I have willed
him at this time to repair to you, commanding
him to return forthwith for my very necessities
sake, and I have given the like leave to my
poor sick priest also, who.se hfe I tliink un-
doubtedly shall be put in hazard by tlie wet
ajid cold painful travel of this journey. But
for my part I assure you all, that since the king
niy father, your lute master and very good lord,
died, I never took you for other than my friends ;
hut in this it ap)>careth contrary. And savins
I thought verily that my former letters should
h'.ive dischargcfl this matter, I w )uld not have
troubled myself with writing tlie same, not
doubting but you do consider, that none of
you all would have been contented to have
been thus us(.*d at your inferiour's hands ; I
moano, to have had yourotlicer or any of your
Mfvaiitssent for by torce ^a^ ye make it) know-
ing no full cause why. Wherefore I do not a
UtUc nwel, that ye had mt this remenbnnoe
S9S] STATE TRIALS, 5 Edw. VI. 1551 Non-Confomiiy rf the Kmg's Sitter. [534
towards me, who always have willed and wished
jou as well CO do as myself, and b<ith have and
will praj ibr you all as heartily, as for mine
own soul to Almighty God, whom I humbly
beseech to illuminate you all with his holy
spirit, to whose merrv also I am at a full point
to oomreit myself, whatsoever shall become of
my body. And thus with my commendations
I bid you all farewell. From my house at
Kenninghali, the 37th of June. Your friend
to my power, though you give me contrary
canscy Mart.
Tki Kin^t Letter to the Ladtf Mary the 2Ath
ofjanuarify Idio.
" Ri|tht dear, &c. We have seen by Letters
of our Council, sent to you of late, and by your
answer thereunto, touchin*^ the cause of certnin
yonr chiiplains, having offended our laws in
saying of mass, their good and convenient ad-
vices, and your fruitless and indirect mistaking
of the same: which thing movcth us to write a(
this time, tiiat where goorl counsel from our
Conocil hath not prevailed, yi-t the like from
ourself may have due regard. The whole mat-
ter we perceive rests in this. That you bein^
our next sister, in whom above all other our
solgects nature should place the most estima-
tion of us, would wittiut^ly and purposely, not
only break oar laws yourself, but also have
Others maintained to do the same. Truly how-
nver the matter may have other terms, other
lense it hath not : and although by your letter
it seemeth you challenge a promise made, that
80 yon may do ; yet surely we know the pro-
myt liad no surh meaning, neither to maintain,
ne to continue your fault. You nmst know
this, sister, yon were at the first lime, when the
hw was made, bom withal, not because you
•hould disobey the law, but that by our lenity
■nd love shewed you might learn to obey it.
We made a difference of you from our other
nbjectf, not for that all other should follow our
i»wi, and you only gainstund them, but that
yon might be brought as far forward by love,
M others were by duty. The iTior wherein
yon would rest is double, and every part so
great that neither for the love of Gocl we can
well suffer it unredressed, neither for the love of
vyu can we but wish it nmenfle<l. First, you
rerain a fashion in honouring of CJod, wtko'in-
ted thereby is dishonoured, and therein err
you in seal for lack of science, and having sci-
tnce offered you, you refuse it, not because it
ii science, we trust (for then should we despair
of you) but because you think it is none. And
nrely in this we can best reprehend you, learn-
ing i&ily in our school, that therefore we learn
things because we know them nor, and are not
allowed to say we know not those things, or we
think they be not good, and thiretorc we will
not learn them. Sister, you must think nothing
an commend you more then reason, according
Co the which you hav« been hitherto used ; and
n«w for very love we will oRer you reason our-
itK If you ore persnaderl in conscience to
Ihi CMKVBry of oar laws^ you or your persua-
ders shall freely be suffered to say what you or
they can, so tliat you will hear wh;it shall be
said again. — In this point yuu see I pretermit
my estate, and talk with you as your brother
Rither than your supreme lord and king. Thus
should you, being as well content to hear of
your opinions as you are content to hold them,
m the end thank us as much for bringing you
to light, as now before you learn you arc loath
to see it. And if thus much reason with our
natural love shall not move you, whereof we
would be sorry, then must we consider the
other part of your fault, which is the offence
of our laws. For though hitherto it hath been
suffered in hope of amendment, yet now, if
hope be none, how shall there be sufferance f
Our charge is to have the same care over ever)
man's estate, that every man ought to have over
his own. And in your own house »s you would
be loath openly to suffer one of your servants,
being next you, most manifestly to break your
orders, so must you think in our state it shall
miscontcnt us to permit vou, so great a tubject,
not to keep our laws. Your nearness to us in
blood, your greatness in e>tate, the condition
of this time luakcth your fault the greater. The
example is unnatural that our sister should do
less for Us then our other bubjecis. The cause is
slanderous for so great a personage to forsake
our majesty. — Finally, it is too dangerous in a
troublesome commonwealth, to male the peo-
ple to mistrust a faction. We be yonnct you
think, in years to consider this. Truly si*iier, it
troubleth us somewhut the more ; for it may be,
this evil suffered in you is greater than we can
discern, and so we be ns much troubled because
we doubt whether we see the \i'hole peril, as we
he for that we sec. Indeed we will presume
no further than our years giveth us, that is, in
doubtful things not to trust our own wits, but
in evident things we think there is uo differ-
ence. If you should not do as other subjects
do, were it not evident that therein you should
not be a good subjt^ct ? Were it not plain in
that case, that you should use us not as your
sovereign lord? Again, if you should be suf-
fered to break our laws manifestly, were it not
a comfort for others so to do? And if our
laws be broken, and contemned, where is our
estate? These ihincs be so plain, as we could
almost have jiulued them six years past. And
indeed it i;rieveih us not a little, that you,
which should he our most comfort in our young
yc.irs, should nlt)n<* give us occa*»ion of dis-
comfort. Think you not but it must needs
trouble us? nr.fl if you can so think, you ought,
sUter, to amend it. Our natural love towards
you without doubt is i»reat, and therefore dimi-
nish it not youi-self. If you will be loved by us,
shew some token of love towards us, that we
say not with the psalm, MaUi pro bonis mihi
rtddidcrunt. If you will be believed whan by
writiui: you confess ws to be your Sovrrcign
I .Old, hear that which in «»ther th)n<i^ is ottrn
alledi!;cd, Ostfndr wihiphm tuam eifactiM tuii.
In the answer of your lAttcr to our Council,
we remember you stick only upon one reason
5S5] STATE TRIALf?, 5 Euw. VI. } 55]. —Proceedings concerning the [55G
divided iuto two parts. The first is, that in mut-
ters of reliction )'our tuitli is none «)tlit.'r, but ns
all Chi isteiidoni doth . coiitl-ss. The next is,
you will assent to no nlteration, but wish tliiiigs
to stand as thcv did at our futher's death. If
you mean iu the tirst to rule your failh by that
you call ChristciKloti), and not by this church
of England wherein \ou arc a member, you
shall err in many fioints, such as om* fathers
nnd vours would nut have hulfcrcd, uhntsocver
you say of the standin}: ^tiil of things ati i hoy
were left by him. The matter is too plain to
write, what may be {jaihercd, and too pc-rihnis
to be concluded nga'mst you. For the otiter
part, if you like no alteration by our authority,
(if things not altered by our father, you :Ahuu[d
dp us too great an injury. We t;»ke onrsrlf,
20r the administration of this our commun-
ivealth, to have the same autliority which our
father had, diminished in no pan, neither by
example of Scripture, nor by uiiivtrsal hiws.
Ttie stories of Scripture be so plenteous, its al-
most the best ordered church of the Israc liti s
was by kings yi)ui)};er than we be. Well sister,
we will not in the.se thing-* iniorj)ret your writ-
ings to the worst; love and charity shall c\>
pound them. But yet you nn.t i.ot thereby
ue bi'ld to offend in iluit wliereunlo you si c
ypur writinjis might be wroati-d. 'I'o coneludo,
we exhort you to di> your duly, and if any im[»e-
flinient be thereof, not uf purp')sc,you .-shall lijul
i\ brotherly arVoctioii in us to remedy tlie same.
To tcac)i and instruct yoa we \m\\ i;i\e order,
nnd so prucure you to do your duty wiliingjy,
tliat you shall ]>crceive you art- not used mere-
ly a^i a subject, and only commanded, but as a
(iuuchter, a scholar, and a ^i^ter, taui^ht, in-
structed and persHfided. For t!ic whicli cause,
when yon have consideicd 'this our letter, wc
pray you that v»e may shoi tly hear from you."
The Jjaily Mary to fl.c Kins,
** My dutv most humbly rcmeml»e:ed to your
maiestty, pha^e it the same to understand tiial
1 h:ne reijivcil your letticv* I)Y master 'J'hroj;-
uion.»n thi^ bearer. 'J"l;e com en is whereof do
More trouliie me than any boriilv sicknes-i,
iiiou;ih i'. were even to tiie {!e;iih, nnd the ra-
tiiCr for that your hi^linc^* doth chnr^rc me to
i-A' Loth i.> breaker if \.>ur iav.i', and ul.<o
:;n inconraui r «.f oilior> to do tlie like. 1 \\u si
JuiiabliT lii^ifcii vcnr in:ii»-tv t.i think ilua J
iu'\er niiLii'h'il tow:ird:« \on otl.e^wl^e lli:ui mv
riarv comprilL-iii mc unto, that is, to ui^h your
Jtijhiiess all lioiiour ijid pro*>perity, tor the
wiiich i di and daily shall pray. And where
it j»!e;iseth yi>ur majesty to write, that I make
a c.t;iilei:gc of a pn>mise made otl)Ci\%ibe than
it wag meant, the truth is, t lie promise could
not li«' denied before your m;iii*^ly*s presence at
nj> la&t wailing upon tiie same. And ulthouLh,
I confess, the ground of faith, w hereunto I lake
reason to be but an handmaid, and my con-
science nl.^ hath and do agree with the same :
ytt touching that promise, f(»r so .much as it
iuith pleased your maiesty, God knoweth by
w iK>se pcrsuaftioDj to wrltCj it wu5 not so mcunt ;
I shall most humbly dtsire your highness to
exmninc the truth thereof inditVerently, and
either will \oiir majesty's ambassador, now be^
in^ with the emperor, to inquire of ibu same,
ii' It be your pleasure to have hiiu move it, or
else to cause it to be demanded.of the emperor's
ambassador hero, although he were not within
this re:i!m \\y that time. And thereby ic stall
appear ih.ii in tiiia point I have not oiTended
your nr.je-ry, if it may please you so to accept
It. And albeit your majesty, God be praised,
hath at ll.c.-^c years as much understanding aud
more, than ia conmionly sc>en in tliat iige, yet
considering you do hear but one part, your
hi;^hn(ST« not oil'cndcd, 1 would be a suitor to
the same, that till you were grown to more per-
fect ye:irN, it might stand with your pleasure to
^'tav m mil tiers touching the soul. So undoubt-
ediy should your nlajtr^ty know more, and hear
oihei>, antl ncverthele s be at your liberty and
do your will and pleasure. And whatsoever
your majesty hath (mmu eived of ine, either by
letters to ytnir Council, or by their report, I
trust in the end to prove myself as true to you,
as any subject witiiin your retlni, and will by
no means :*taud in argument with your uiaji^siy,
but in most humble wise bc»eeH:h vou, even for
Uo(i*s sake, to sutfer uk-, as your highness hath
done- hitherto. It is for no worldly resueet I
desire it. (Jod is nr' jud^ie, but rather than to
olli'iid my conscience, 1 would desire of God to
tor'e all that I have, and also my life ; and ne-
vei the less live and die your humMe sister and
true subject. 'Ihu-* alter pardon craved of
your majesty for iny rndc and bohl writing, L
Lescech Ahniditv God to i»re»cr\o the same iu
honour with as long continuance of health and
life, as ever had noble King. From Beaulien,
the iird oi February. Vour majesty 'b most
humble and unworthy si^jter, AIarv.'*
The Lad If Mar \i to the L.rth of the Council ^ the
•1 til of DwCiubWy "i.'yoi).
" My lords, your letters dated the secoud of
this prc&ent were delivered unto me the third
of the same. And w here you write that t*\o of
my chaplains, dciCtor M;illet and 13arkly, be in-
dicted for certain tliing« committed by them
cjiiitrary to the king's majesiy's laws, and pro-
et!vs for them also awarded forili, and delivered
to the !*herilVof Ks.-ex ; 1 cannot but marvel!
I hey shouhl be so used, considering it is done,
as i take it, for saying nuiss wiihjn my house :
and :dihough L have been of in\self minded al-
ways, and yet am, to hu\e nniss within my
housv: yet I havi* been acKerticed that theein-
peror's majoty hath been promised that 1
''hould never be unf{uieted nor troubled for my
so doing, us some oi )ou, iny lords, can ^vitness.
Furthermore, beiiide:^ the declariilion of the
said promise made to me by the emperor's am-
bassador that dead is, from his m:ijvMy, to put
iny chaplanis mine out of frar, when 1 was the
last year with the king's majesty my bi other,
that (piestion was then mo\ed, ami could lu^t
be denied, but allirmcd by sime of yoa before
liis zunjeety to be Uuc^ being uot &u luuch uih
337] Sl'ATE TRIALS, 5 Edw. VI. \ 551. -^Non-Conformity of the King's Sister, [538
quieted for tbc trouble of my s:iid chaplains,
a> 1 nm to think how this mntUT uuiy he titlicii,
c}:c promise to such a person being no better
reti.irded. And for mine own ^art, I thought
fail little to have recc-ivcd such uni;entler>C:»s at
vuur hands, hitiin^ tilwaya ((/od is my jud>;e)
wi^iied uuto tiic whole ii umber of vuu as to
myself, and have refused to trouble yuu, or to
cr.Lve any thing nt your hand^, but your good
fiill and friendabiji, whicli very siendeily ap-
pearcth in this mutter. NoLwithsinnHing, to
he plain with you, howsoever ye shall use me
or wine (with (/od's help,) I w.ll never vary
from mine opiniDU touching my faith. And if
ye or any of you bear me liic U"js goud will for
tiiut inatter, or faint in your friend«hip towards
nie only for the s:ime, I muse and \\ ill be con-
toiitcd, trustini; that God will in the end shew
hii mercy upon mc, assuring you, I would ra-
ther refubC the friendship of all the world,
(uUcrtunto I trust I shall never be driven) tlum
tofMiKe any point uf my faith. I am not with-
out s>'imc hope that ye ^xill st;iy this matter,
not irii'urcing the ri^uur of the law against my
diaphiiiis. The one of them was not in my
huu«f.' these four months, anrl D. Mnllet, having
luy licence, is cither at Windsor, or at his bc-
ntlicT, x%\\Oy as 1 h.tve heard, was indicted for
^ayini; of muss out of my housi*, which was
not irnc. liut indc ed, the dav before mv re-
• • •
r.\' M:i;r frruii Woodham \\atL'r, my nholc iious-
lirtid in etieLL bciiii: gone to NtwI.ai, he said
Ta:ii> there by inin^ appoiutmcnt. I see and
litar of divers that do nut obev vour Statutes
uii I'roclamatious, and iieveriheless escape
Mitliuut pnnishinent. He ye judges if 1 be
Hell used to tiave mine punished by ligour of a
i"'A, bcaiilcs uU I he fuisc bruiis th:;l ye have
tii.iircd to be ^p^lkcn of nn!. Moreover, ray
<i.:i}iiaJn doctor iMallci, besides mini* own com-
III indnicnt, was Uhl it;noraiit ol' t!te promise
w.'m\,j u, tjie CKiperor, which did ]Mit him out
f^i SLir. 1 dou'iit not therefore but ve will
<■ iii«..ler it, as by that <.cc:i^ion no piece of
'.'aiid>iiiu he tiiktn awav, nor I to have cause
Ul to bear yon my cood will, as L have done
l.crctoiose : iia* ulheit I could do you little
iiituirire, yet of my friendship ye were sure,
U.1 :f it iiud lain in my pr)ivcr, yc should have
K'e.i kn'i%vn. Thus with ii:v hearty commen-
(Jut lot: s to \i>u ail, I pray Almighty ('od to send
yai as n«uch of hi!i iiracL*, as I would wiah to
luuie own soul. I'riKn Ihmidien, 'Ith of Dec,
\um- assured friend to Oiv power, IVlAitY."
Thi Council to the Im'Ui Mari/f the 'loth if Dt'-
ce/hUr, 1600.
" After our due commendatifxts to vour
^uce, by your let tcf!) to us, as an answer to
(Kir^, touchmg certain proce-ss a£;;iiM>r two of
vjur chaplains, for saying mass a;!ainbl the law
^lid ^latule of the realm, wc perceive both the
^it-nce uf yimr chaplains is otlierwi-^e i-\cu>ed
tiiuu the uiaiter uiay bear, and ui o our pond
^Ui» otherwise misconstrued than we looked
W. Aud for the first part, where your great-
M ceiMD to ticuAe tlic oiieiice of a Uw, is a
promise made to the emperor's maj€*sty, where-
of yon write, that hrst sumo of us be witnesses,
next that the ambassador for the emperor de«
clared the same unto you, and laistly, that the
same promise was athrmed to you before the
king's maiesty at your last bemg with him : we
ha\ c thought convenient to repeat the matter
from the hi ginning, as it hath hitherto pro-
ceeded, whereupon it shall appear how evi-
dently your chuploiiis have offended the law,
and you al^o mistaken the promise. Tiie pro-
mise is but one in itself, but by limes thrice as
you say reiieated. Of which times, the first is
chiefly tt} be considered, for upon that do the
otticr two depend. It is very true the emperor
made request to the king'^ majesty, ihai yoa
might have liberty to u^^e the mass in your
house, and to be as it were exempted from the
danger of the statute. To which reriueat divers
good rciisoiis were made, containing the dis-
eoiumoditics thai should follow the grant there*.
of, and means devised ratiier to persuade you
to obey and receive the general and godly re-
formation of the whole realm, than by a private
fiUicy to prejudice a common order. ]Jut yet,
upon carne.^r desire aiul intreaty made in tiie
emperor's name, thus much was granted, that
ft>r his sake and your own also, it should be
suifercd and winked at, if you had tlie private
mass u>ed in your own closet for a season un-
til you mi^hthc better informed, whereof there
, was some itope, having only with you a few of
your own chamber, so that ibr all the rest of
your houshold the service of the realm should
DC used, and none other; further than thi:» the
promise exceeded not. And truly such a
matter it then seemed to some of us, as indeed
it was, that well might the emperor have re-
quired of the king's majesty a matter of more
profit, but of more height or ditUculty to be
granted his majesty could not. After this grant
in words, there was by the cmbas>adur now
dead oftentimes desired some writing, as a tes-
timonv of the same. liut that was ever denied:
not because wc meant to break ihe promise,
as it was made, but because there was daily
hope of your reformation. — Now to the second
time you say the emptror's embassador's decla«
ration n>arlc mention of a promise to you, it
iTiight well so bo. [iul we think no otherwi^io
than as it. ap|)carcth before written. If ic
were, tiis fanli it was to declare ntorc tlian he
heard; ours it inuy not be, that d(>:iy not what
wo have said. As for the l.i^l lime when ye
were willi the kii!}:\ majc'iy, the same >oioo
of us fwhoni bviiicse wonU vour letter noteth)
do wdt riinenibLr, that no oihiTlhini' xvas
granted to you in thia matter, but as the first
promise was made to the emperor, at which
time you h:id too many aiiiuments mnde to ap-
prove the pioci'uliiip-s of the king's m:iJL>tv,
and to condenm the abuse of the mti**^, to
think that where iht- private mass was jiidi:i|
un<:i»dly, there you slionld have authority and
ground to use it. About the same tiuu, tbc-
embassador made means to have some testi-
mony of the promise under the grtui ee;U;
539]
STATE TRIALS, 5 Edw. VI. ISSU-^Pi-occedingscancerrmgihe [540
and that not being heard, to have it but by a
letter; and that also wns not only denied, but
divers good reasons alledged, that he should
think it denied with reason, and so to be con-
tented with an answer. It was told him, in
reducing that which was commonly called the
maM to the order of the primitive Church, and
the institution of Christ, the king's majesty
and his whole realm had their consciences well
quieted, against the which if any thing should
be willingly committed, the same should be
taken as an offence to God, and a very sin
against a truth known. Wherefore to license
by open act such a deed, in the conscience of
the kin^s majesty and Ins realm, were even a
sin against God. The most that might herein
be bom, was, that the king*s majesty might,
upon hope of your grace's reconciliation, sus-
pend the execution of* his law, so that you
would use the license as it was first granted.
Whatsoever the ambassador hnth said to others,
he had no other manner grant from us, nor
having it thus granted, could allcrli^c any reason
against it. And where in ^our letter your
grace noteth us as breakers of the promise
made to the emperor, it shall appear who hath
broken the promise : whether we that have
anifercd more than wo HcenseH, or yon that
have transgress that which was granted.
Now therefore we pray your grace confer tlie
doings of your chaplains with every point of
the premises ; and if the same cannot be ex-
cused, then think also how lonp; the law hath
been spared. If it prick our consciences some-
what, that so much should he used as by the
promise you may cluini, how much more should
It grieve us to license more than you can claim ;
and yet could wc be content to bear a great
burtlien to s:itisfy your grace, if the burthen
pressed not our consciences so much as it doth,
whereof we must say as the Apostle said, glo-
riatio no$ira est hac, testimonium canscientia
nostra. For the other part of your grace's letter,
by the which wc see you misconstrue our good
wills in writing to you, howsoevef the law had
proceeded agnmst your chaplains, our order in
sending to you was to be liked, and therein truly
had we special regard of your grace's degree and
estate. And because the law itself rcspectcth
not persons, we thought t(» give respect to vou,
first signifying; to you what the law required,
before it should be executed, that being warned,
your grace might either think no strangeness in
the execution, or for an example of obedience
cause it to be executed vourself. Others we
see perplexed with suddenness of matters; your
grace we would not liave unwarned, to think
any thing done on a sudden. Truly we thought
it more commendable for your grace to help the
execution of a law, than to help the nifciice of
one condemned by law. And in giving you
knowledge what the king's laws rerpiireci, we
lookedfor help in the execution by you the kinK*s
majesty's sister. The greater |>ersontice your
grpce IS, the ni&iher to tne king, so much more
iHU^ht your example to further his laws. For
which cauN it bath been called a good common-
wealth where the people obeyed the higher es-
tates, and they obeyed the laws. As nature
hath joined your grace to the king's majesty to
love him most entirely, so hath reason and law
subdued you to obey him wilhngly. The one
and the other we doubt not but your grace re*
membereth : and as they both be joined together
in you his majesty's sister, so we trust you will
not sever them ; for indeed your grace cannot
love him as your brother, but you must obey his
majesty as his subject. — Example of tout obe-
dience and reverence of his majesty's laws is in-
stead of a good preacher to a great number of
his majesty's subjects, who, if they may see in
you negligence of his majesty, or his laws, will
not fail, but follow on hardly, and then their
fault is not their own but yours, by example,
and so may the king's majesty, when he shall
come to further judgment, impute the fanlt of
divers evil people (which thing God forbid) to
the sufferance of your grace's doings. And there*
fore we most earnestly from the depth of our
hearts desire it, tliat as nature hath set your
grace nigh liis majesty by blood, so your love
and zeal to his majesty will further his estate
by obedience. In the end of your letter two
things be touched, which we cannot pretermit;
the one is, you seem to charge us with permis-
sion of men to break laws and statutes. We
think indeed it is too true, that laws and pro-
clamations' be broken daily, the more pity it is,
hut tliat we permit them, we would be sorry to
have it proved. The other is, that we have suf-
fered bruits to be spoken of you, and that also
must he answered as (he other. It is pitj to
see men so e\il, as whom they may touch with
talcs and infamies they care not, so they miss
not the best. Such is the boldness of peo-
ple, that neither we can fully bridle them to
raise tales of you, nor of ourselves. And yet
whensoever any certain person- may be gotten,
to be charged with any such, we never leave
them unpunished. Indeed the best way is, both
tor your grace, and us also, that when we can-
not find and punish the offender, let us sav as
he said that was evil spoken of; Yet will t so
live, as no credit shall be given to my backbitp-
ers. Certainly, if we had credited any evil tale
of your grace, we would friendly have admo-
nished yuu thereof, and so also proceeded, as
cither the tale-tellers should have been punished,
or else to have proved their tales. And there-
fore we pray your grace to think no unkindness
in us, that any evil bruits have been spread by
evil men, but think rather well of us, that how-
soever they were spread, we believed them not.
Hitherto your grace soerh we have written
somewhat at length, of the promise made to
you, and our meanings in our former writings.
And now fiir the latter pait of our letter, we wdl
as briefly as we can rememl>er to you two spe-
cial matters, whereof the one might suffice to
reform your proceedings, and lM7th together, weU
considered, we trust shall do your grace much
good. The one is, the truth of tliat you be de-
sired to follow ; the other is, the commodity
that thereby ifaall tnsoe. They both nakt a
541] STATE TRIALS, 5 Eotv. VI. l55l.-*Non'Cotifonniiy qfth€ King^sSiucr. [5A/2
just commandinent, and because of tbe first the
latter folio treth, that iirst shall be entreated of.
We bear lajy your grace refuseth to hear any
thing reasoned contrary to your old determina-
tion, wherein you make your opinion suspicious,
as that you are afraid to be ditisuadcd. If your
fiuth in things be of God, it may abide any
ttpnn or weather ; if it be but of sand, you do
best to eschew tbe weather. That which we
profess bath the foundation in scriptures upon
plain texts and no glosses, the confirmation
thereof by the use in tbe primitive church, not
in this latter corrupted. And indeed our greatr
est change is not in the substance of our faith,
no, not in any one article of our creed ; only
the difference is, that we use the ceremonies,
obsen-aiions, aud sacraments of our religion as
tbe apostles and first fathers in the primitive
chnrcn did. You use the same that corruption
of time brought in, and very barbarousness and
igBonuice nourished, and seeiu to hold for cus^
torn against the truth, and we for truth against
custom. Your grace in one or two places of
your letter seemeth to speak earnestly in the
Baintenance of your faith, and therein (so that
yoor faith be according to the scriptures) we
must have the like opinion ; the saying is very
good, if the faith be sound. But if every opi-
nion your grace hath (we cannot tell how) con-
ceired, shall be your faith, you may be much
bater instructed. Saint Paul teochcth you, tliat
frith is b^ the word of God. And it was a true
uyiug of him that said^ Non qui cuizit credit
fiilis est, ied qui Deo. For where hath your
grace ground for sucb a faith, to think common
prayer in the English church should nut be in
English, that images of Gud should be set up in
tl)e church; or that the Siicrament of Clirist's
bwdy and blood should be offered by the priests
for the dead ; yea, or tlint it should be other-
wise used tlian by the scripture it was instituted :
though you have no scripture to ninintain them,
«e have evident scriptures to forbid them. And
altliough fault may be found, tliat of late bap-
tism hath lieen used in your grace's house, con-
trary to law, and utterly wiiliout licence, Vft ib
it uie worse, that contrary to the primitive
church, it bath been in an unknown tongue, by
the which the best part of the sacrament is un-
used, and as it were a blind bargain made by
the godfathers in a matter of illumination ; and
tlius in the rest of the things in which your
grace diflfereth from the conmion order ul the
lealm, wliere have you ground or reason, but
sunie custom, which oftentimes is mother of
nuny errors.' and altliout^h in civil things she
msy be followed where she causeth (]uier, yet
not in religpuus, where she excuscth no error, as
in Le%*iticns it is suid, * Ye shall not do afler the
oisiom of Egypt, wherein ye dwelled, nor ailer
the custom of Canaan ; no, you shall not walk
in their laws, for I am your I^rd God, keep
you my laws and commandments.' The points
wherein your grace difiereth in your fuith, as
yon call It, may be shewed where, when, how,
•ad by whom thej began since the gospel was
piMhcdy tbe dmti was planted,^and tbe apo^
tics martyred. At which time your faith de^
pcuded upon the scripture, and otherwise there
was no necessity to believe. For as Ilierome
saith, Quod de Scripturii non habet auihoritO"
Um, eademfaciUtate contcmnitur qua probatur.
And because your grace, as we hear say, read-
eth sometimes the doaors, we may alledge unto
you two or three places of other principal doc-
tors. Augustine saith. Cum Dominus tacuerit^
quit nostrum dicat^ ilia vel ilia sunt : out si di'
cere audeat, unde probat 9 And Chrysostom*t
saying is not unlike ; Mulli, inquit, jactant
tfiritum sanctum^ ted qui propria loquuntur,
jitlsb ilium pratendunt. And if you will take
their meaning plain, read the fifth chapter of
the first book of Eccletiattica hitloria; and.
where Constantino liad these words in the coun-
cil. In disputaiionikuSy inquit, rerum dioima*
rum habetur pnacripta ipiritns tancti doctri'
na ; E'vangeiici Sf Apottolici lihri cum prophe-
tarum oraculit plene nobis ostendunt senium ntc*
minis ; proinie discordia posita^ sumamus es
verbis spiritus quastionum explicationes. What
plainer sayings may be than these to answer
your fault r Again, too infinite it were to re-
member your grace of the great number of pair-
ticular errors, crept into the church, where*
upon you make your foundation. The fables
of false miracles, and lewd pilgrimages may
somewhat teach you. Only tnis we pray your
grace to remember with your seli, the two
words that the Father said of his Son Jesus
Christ, Ipsum uudite. To the second point of
the commodity that may follow your obedience,
we having by the king's authority in this behalf,
tlic governance of this realm, must herein be
plain with your grace. And if our speech of-
fend the same, then must your grace think it
is our charge and office to find fault where it is,
and our part to atricnd it as we may. Most
9orry truly we be, that your grace, whom we
should otherwise honour for the knig's majes*
ty*s sake, by your own deeds sliould provoke us
to oO*end you ; we do perceive sreat discom-
modity to the realm by your grarr'.s sinKulariiy,
if it may be so named, in opinion ; and in one
respect, as you arc sister to our sovereign lord
and master, we most humbly l)C<eecli your
grace to sliew your affection continually to-
^vurds hill), ns hecnmcth a sister. And as your
grace i« a suhjcrt, and wc counsellors to his
majesty t) e)t:tie, we let you know the example
of your f!ruce*& opinion, hindereth the good
weal of this realm, which thing we think, is not
unknown to you; and if it be, we let your
grace kuow, it is too true. For God's sake we
beseech your grace, let nature set l>efore your
eyes the young age of the king your brother.
Let reason tell you the looseness of the people*;
how then can you without' a wailing heart
think that you should be the cause of disturb-
ance ? If your grace sec the king, being the oi^
dinary ruler under God, not only of all others
in the realm, but of you also, call his people
by ordinary laws one way, with what heart can
your gi-ace stay yourself without following;
much worse to stay other (bet would follow
5«] STATE TRIALS, 5 Edw. VI. 1551 Proceedings conAmmg the [5U
tlieir sovereign lord ? Can it be m Iotc in yoii
to forsake him, liis rule and law, and take a
private way hj yourself? if it be not love, it is
much less obcdien<je. If your grace tliink the
king's majesty to be over his people, as the head
in a nmn*b body is over the rest, not only in
place- but in dignity and science, how can you,
being a principal member in the same body,
keep the nourishment from the licad ? We
pray your grace most earnestly, think this thing
so much ^.rieveth us, as for our private aflec-
tion and goodwills to you (lliougli we should
.dissemble) yet fur our public odice, we cannot
but plainly inform your grace, not doubtiug
but lliat vour wisdom can judge what our office
18, and it it were mtt your own, caubc, we know
your grace by wisdom 'could, charge us, if ue
suffered the like in any other. Truly every
one of us apart honoureth your grace for our
master's sake, but when we join together in
i>ublic service, as in this writing we do, we
judge it not tolerable, to know disorder, to see
the cause, suid leave it unamended. For though
^ve would be negligent, the world would judge
us. And therefore we do altogt'tlKT efcsoons
require your grace, in the kiui^'s majesty '^
name, that if any of your two chaplains. Mal-
let, or Bnrkley, be returned, or as soon as any
of them shall return to your grace's hou^e, tl.e
same may be, by your grace's commandnicnl
or order, sent and delivered to the siu'rili' of
Essex, who hath commandment iirom the king's
majesty, by order of the law and of his croun,
to attach them, or if that condition rhall not
like your grace, yet that then he may be warn-
ed irom your grace's house, and not kept there,
to be as it were defended from the power of
the'lnw. Which thinj: we think surelv neither
your grace will mean, nor any of your council
as>ent thereto. And so to make an end of An-
letrer, being long for the matter, and hitheit')
deferred for our great business, we triHt your
^race first seeth how the usnj;e of your eh;ip-
i:iins diiVereth from the manner of our liroiK-e,
and what good intent moved us to write to you
io our former letters ; lastly, that the things
wbereunto the king and the whole re:tlni hath
consented, be not only lawful and jii<»t hy the
policy of the realm, but also just ni;d ^uf\,\ hy
the laws of God- So that if Wi>, wliieii lia\e
charge under the kine, should willingly <:on.<%cnt
to the open breach of ihem, we roul:l iieiilier
dischariie ourselves to the kiiii' for niir dutie*«,
neither to CJod for our conscience : the dmsi-
deration of which thinjis we pny Alinijihty
God* by his holy "spirit, to lay in the botti/in of
your heiirt, and thereupon to build such a pro-
fession in you, as both God may have his true
honour, the kins; his due obedience, the rc:i!ni
concord, and we mo<>t comfort. For :tll (lie
nvhich we do heartily pray, and therewith, for
the continuance of \'our grace's licalth to yoiu-
hearts desire. Froin Westminster, the 25tli ol
December."
The LaJjf Mar^ to the Lords of the Council,
** My lordsyofttr my hearty coinmendatioos
to you, although both 1 have been and also am
loth to trouble you with my letters, yet never'^
tiieless the news which I have lately heard,
touching my chaplain doctor Mallet, forceth
me thereunto at this present ; for I hear by
credible report, that yuu have committed him
to the Tower, u hich news seem to me very
strange. Notwithstanding I tliought it good
by these to desire you to advertise lue what is
the cause of his imprisonment, assuring you
I would be sorry that any of mine biiould de-
serve the like punislunent ; and there is uo
creature within the king's majesty's realm
would more lament, that any belonging to tlicin
should give just cause so to be used, thim 1
would do ; who would have thought nmch
friendship in you, if you had given me know*
ledge wherein n)y said chaplain' had otfended,
before you Ir.ul ministered such puuishmcnt
unto him, eftsoons requiring you to let me
know hv this bearer tlie tnuh of the matter.
And thus thankiiit; you for the short dispatch
of the poor merchant of Portugal, I vvisii to yoa
all no worse than to myself, and so bid vou
farewell. From Beaulicn, the Sd of May,
1551. Your friend to my power. Mauy."
The Council to the Lady Mary, the 6th of
Maj/f 1551.
" After our humble commendations to your
urace, we have rec(i\ed vour letters of the 3d
of this month, by the which your grace secmeth
to tnke it stran^^ely, that doctor Mallet is com-
njirtc! to prison, whereof we have the more
marvel, ?»cein{; it h:>th been h(.'retofore tignitied
unto yoii, that he hath oiiendcd tlie king's ma-
jesty's l.iws, and wa^ il. >re condemned, and
your grace hath been by our lelieis earnestly
desired that he might be delivered to the she-
ritf of Kssex, according to the just procc.*^ of
the law, to the \ihich all manner oi' persons of
i!ii«i renhn be subject: Wherclonj, howsoever
it seem strant^e at this titnc to your grace, that
; he is iin{>riAoned, it may seem more strantre to
oiheis, thtit he ha:h escaped it thus long ; and
I if the place, being the Tower, move vour grace
not to impute his i'uprisoninent to his ibnner
(Micnre, tlitn we pray your grace to undcrsUmd
th:it indeed il is for ilu.* verv same, and the
place of the imprisonment to be at the kin<;'s
majrsly's pleasure, from whom, l;iHkidcs tlie
charge of hi^ l;*.ws, wo huvt; express cx>minand*
meat to do that we do. And so we beseiKrh
your grace to think of u>i that neither in this
case, nor in any other, we mean to do nnvotiier
than minister and ^ee, a^ nuieh as in our
power lieih, ju^inro miniMere.l indilferently to
all per^ jus. Wl.ieh doing, then we thiok your
grace should not think it any lack of frienilship
that we did n'»r certify \om of the olTcnce of
your chaplain, alti»on'gh indeed the cause hath
already been eoi'iifiod. And we trust yoiir
gr.tce, both of your natiwal nearness to the
king's maje!>tv, and your own gfiod ivijidnm.
will not ininllke our ministry in tlio e^tecutinn
of the laws of the realm, and the pleasure nf
.the kiug's majesty. So we wish to y.Qur (ractf
515] l^ATETRh\l^, 5 ED\y,\L l55\.'^Noji'Conformiiy(^ the King's Sist^^ [516
from the hottom of our licarr, tlie grace of
Almiglit^ God, wiili the ricliesof his holy gilts/*
'£ke Lady Mary to the Council^ the lU/i of
May, 1551.
" My lordsy it uppear^tli by your letters of
the sixth of ihb pie^eJit which I have received,
thtt the imprisoiioient of my chaplain, doctor
Mallet, it for wyiiig of mass, and that he was
coodoinned for the same. Indeed I have lieard
that he «(ras indicted, but never condemned.
Nevtrtbeless I must needs confess and sav,
that he did it, but by my commandment; and
I said unto him, . tnnt none of my chaplains
ihould be in danger of the law for saying mass
in my house. And thereof to put him out of
doubly the emperor's embassador thai dead is,
declared unto him before (hat time, how and
after what sort the promise was made to his
majesty, whereby it appeareth, that the man
bath not in that willingly oifended. Wherefore
I pray you to discharge hhn of imprisonment,
and set him at liberty : if not, ye minister
cause, not only to him, hut to others, to think
that I have dt cturcd more th.m was true, which
I would not wittingly do, to gain the whole
world. And herein, as I have often said, tlie
emperor's majesty can be best Judge. And to
be plnin with you, accirdiui to mine own cus-
tf>m, there is not one amongst the whole num-
ber (»f you ail, that would be more loth to hv
found ontrue of their word than I. Ani well I
am assured, that none of you have found it in
me. My lords, I pray yuu seek not so much
my dishonour, as to disprove my word, where-
by it shall appear too jd lio, that you handle
me not viell. And if you have cause to charge
my chaplain for this matter, lay that to me,
and I wdl discharge it again, by your promise
maHe to the emperor's majc•^ty, which you
cannot rightfully deny ; wishing rather that you
had refused it in the beginning, than afler such
promise made, and to such a person, to seem
to gj) from it ; which, my lords, as your very
friend, I heartily desire you to consider, and
to give me no cause to think you otherwise
than mv friends, considerinu I have always, and
yet do ((yod is my judge) wi(ih to you all no
worse, neither in souls nor bodies than to my-
self, and so, with my hearty commendations, I
enrnmit you all to (iod. From Bcaulien the
11th of May. Your assured friend to my power,
Mary."
The Council to the Lady Mary, the 27th of
May, 1551.
" After our due commendations to your
grace, aliliOi:gli tJie same receiveth not answer
•0 soon, as perchance was lr>oked for upon the
return of your grace's servant: yet we d.)uhr
Dot bat your grace understand ini; that where
we have matters of (estate pertaining to the
king's majesty in band, ns indeed wc have had
of late, the deferring of the an^wer, in a matter
being no i;reater, requiretlf to be borne withal.
And tnochine the answer of your grace's iettrr
for doctor Mallet, we pray your grace to un>
VOL. 1.
derstind, that although you write he was in-
dicted, he was not condemned, and so seem to
take exception at the manner of his imprison-
ment : yet if they which informed your grace
of that manner of reason in the law, were as
well disposed to please yoflr grace with truth,
as the reason indtrcd is not true, then should
they have told your grace that, by the act of
f>arliament, if either Mallet have hceu convicted
)y the oatlis of twelve men, or that the fart
have been notorious, tlicn the punishment doth
follow justly. The truth of the oue and the
other way of conviction in this case is notorious
enough, besides his living from the process of
the law. And where your grace, to relieve him,
would take the fault upon yourself, we ar«»
sorry to perceive your grace so ready to he a
defence to one that the king's law doth con-
demn. Nevertheless^ he is not punished be-
cause your grace bad him, and willed him to
do that which was an otfence, hut he is pu-
nished for doing it ; and if we should not so
see the king's Taws executed without respect,
it mivht appear that we too much nr:;iecied
our duty : and for that your gnice takrth it as
a discredit to yourself, that he should be pu-
nished tor that you bad him do, alledging to
him that you had authority so to d(), and tliat
so promise was made to the emperor, it hath
been both written, and said to your grace, what
is truth in that behalf. And hoN\ soever that
your grace pretendeth your licence to have
maiss said before yourseh", for a time of your
reconciliation, it had been far out of reason to
have desired that whosoever was your chaplain
might say mass in any house that was yours,
when your grace's self was not there ; (or so is
doctor Mallet's oiFcnce, for sayinj; mass nt one
of your houses where your grace was not, which
thing as it was never granted, so do wc not re-
member that ever it was demanded. The suit
that hath been at any time made, either by the
emperor's ambassador that dead is, or by him
that now is, was never bur in re'>j)ect of your
grace, and not to be taken that the empemr or
his ambasstulor meant to privilege master Dr.
Mallet, or any other, to say mass out of your
presence. Wherefore as we ilo plainly write
to your grace, so t\o we pray you to take it in
good part, and think we be a«j ready to do our
due reverence towards your grace in any thing
we may do with our duty to our master, as any
your grace may command ; and of such wi«.dom
we know your grace to Ik?, that ye should judge
the better of us, for that we be diligent to s<hj
the laws of the realm cxeci!te<l, wherein restetli
the strength aiul safeguard of the kin>;'s n)a-
jesty our sovereign lord and master." ,
The Lady Mary to the Loidx of the Council, the
*iXst of June, 1551.
" My lords ; Although I received by my
sen-ant, this hearer, (who lately dclivererf unto
you my letters, wherein I d«>sired to have my
chaplain. Dr. Mailer, discharged of his impri«
sonment) your gentle message in general words,
for the wiiich I give you must liearty thanks ;
2 S
517]
STATE TRIALS, ■> Hnw. VI. lojl.—Procecdin^.n concerning tie
[5t*
vet have \ no km»v>Kvl«j;(- wIkiIiit vou will set
hiiii at lihiiiv or ikm : hut L tliiiik that vour
weighty atVjirs al rli.it tunc was ilio let a.ui
cau^e ye (iitl iiut write, tor else I doubt not liui
ye would have aiisw ered inc. VVhrrtt'orc not
bciii|( snti<>iiedy and (indeistandiii^ }e wouhi
ghidly pleasure me, i thon^lit {j;o(»d erisoons to
desire you tiiat my said ch.iphiin may ha\e liis
liberiy, whciein 1 asjsurc you ye shall nmch
gratiiy me, being not a little iroubicd, that he
ib so hmg in prison without ju^t cause, seeing
the matter of his imprisonment is discharged
by the promise made to the cm))erur*s majesty,
as in my late letter I declared unto you.
Wherefore my lords, I pray you let me have
knowledge by tliis bearer, how ye will use me
in this matter ; wherein if* ye do pleasure me
accordingly, then shall it well appear that ye
regard the aforesaid promise, and I will not
ibrget your gentleness therein, God wilhng, but
requite it to my power. And thus with my
hearty commendations to you all, 1 bid you
furewcl. From Ikaulien the 21st of June.
Your assured friend to my power, IMary."
The Council to the Ltidif Maiy the Zith oj
JiinCf 1551.
" After our bumble commendations to your
grace, we have leceivcd your grace's letter of
the one and twentieth hereof, wiierein is re-
ceived the same re(|Ui«>t that in your former
letters hath been made (i)r the release of doctor
Mailer, and therein also your grace secmeth
to have looked for the same answer o\ your
former letter, the which indeed partly was
omitted (as your grace conjeciureih) by the
reason of the king^i majesty's affairs, n here-
with v« c he thoroughly occupied ; partly for
that we had no other thing to answer, than
you had herc'tofi>re heard in the sanie matter.
And therefore where your iirace desircih a re-
solute answer, we assure the same x^e be rijjht
sorry for the mntter, and that it s-}iould be yi»ur
grace's chance to move it, silh ue caiinni witli
our duties to the kinii*s majt sty ac* ouipliiih your
desire. So necessary a t'linu it is to .^cc the
Liws of the realm executed inoiri'erenilv in all
manner of persons, and in thoe cnsc^ of con-
tempt of the ecclesiastical oidersof this church
of England, that the same may not, withnut
the Kreat displeasure of God, and the shmdei-
of the state, be n«*glectcd : and therefore your
grae'e may please to midersiund, that we have
not o:dy punished your chaplain, but all such
others whom wc find in like eas^e to hu\e d :>-
obexed the laws of the kinji's majcsy. And
toiichi'ii; the excuse' your grace ofKntimes
userh, i»fa promise made, we a^^^lreyou^ ^racc,
none ot us all, luir uiiv other of rlNt C(mncil, as
\our mace hath liee:i certilied, hath ever hecn
{)rivy to any such piuini<p, ollu-rvvise than hath
leeii antten. A\.n\ in ihiL niaiter your urace
had plain answer botli b\ i.s of the kin*;'!* ma-
jesty's councd, ut your bi ui«; la^t m Ins majes-
ty'« prese'nre ; and therein also yimr glare
might perceive his majesty's deteruiination;
whcrcimtu mc bcsetxh yuui grace not only to
incline yourself, but also to judi^e well of us
that do udilict onr-ebcs to do our duties. And
M) also shall we he ready to do, vtith all our
heniris, our due itiveience toward your grace,
who^e prese nation we commend to Almighty
God with our prayer.'*
The Ladjf XfaryU Letter to the King*$ Mojnty,
" My duty most humbly remembered to Tour
majcstv ; it may please the same to be adver-
tised, tlrai I have received by my servauts jrour
most honourable letters, the contents whereof
do not a little trouble me, and so much the
more, for that any of my said sen'auts should
move or attempt me in matters touching my
soul, which I think the meanest subject within
your highness reahn could evil bear at tlieir ser-
vants hands, havii»g for my p&rt utterly refused
heretofore to talk with them in such aiatters,
and of all other persons least regarded them
therein, to whom I have dcchirt*d what I think,
as she which trusted that your majesty would
have suffered me your poor sister and bead wo-
man to have usefl the accustomed mass, which
the king your father and mine with all his pre-
decessor> did e-vermorc use. Wherein also I
have been brought up from my youth. And
thercunrr> my conscience eloth not only bind
me*, which by no me^ns will suffer me to think
one thiu>r, and do another, but also the promise
made to the einperor by your majesties council
was an assurance to me, that iu so doing I
siiould not ofTend the laws, although they seem
now to qualify and deny the thing. And at
my last wailing upon your majesty, I was so
bold to declare my mind and c(mscience to the
same, and desired your highness, rather than
you should constrain me to leav« mass, to take
away my lit'e, whereuuto yimr majesty made me
a very gentle answer. And now I most hum-
bly hesee'ch your h>i:hne*ss to give me leave to
write what I think touching your majesty's
letters. Indeed, thry he signed with your own
hand, and ne\erlhe^^s (in mine opini«>n) not
vour maie'stv's iu ( tfect, liecau>eit is well known
(as heretofore 1 have declared in the presence of
your highness)that althoui:,h,our I^trd he praised,
vour maie^tv hath far more knowlcd''e and
i;reater gifts than other of your years, yet it is
not possible that your highness can at these
years be a jud^e in matters of I{eli«;ion : and
thertTorc I ruke it that the mattcT iu your letters
proceedeih iVoni such a^ do wi»h those things
to take place whicli he most agreeable to them-
selve.**, by whose doini:«, \our majesty not of-
femicd, I intend not to rule ny conscience.
And thus without molesting vmir highness any
farther, 1 hunil'lv beseech the same\ even for
C»o:|*s sake, to hear with me as you have done,
and n:)t to thuik that by my doin^^s orexiunple
any iiu mn eiiivuce loight «;row' to your majesty
or yi»ur n al:u : for 1 use it not alter such sortj
piittiuvi no doubt but in time to come, whe^thei
1 bve or <iie, your nia:esty sludl perceive thai
mine ii t( nt is giounded upon :\ (rue lr«ve tit-
wards you, whose royal e*-taie I beseech Al-
mighty (iud long to eontiaue,whicb is and sbal
543] STATE TRIALS, J Luw. VI. [551.^Xon'Conf()nfu^j^ nfthc Kiii,:;\s Si'stir. [:)o\t
be my daily prayer accord ing to my <iuty.
And sifier pardon craved o\' y.jiir miijr.^ty tor
these rude aiid bold letter-:, it* iititiici at my
hiuuble bitil, nur tor ilie rcciarii of tlic pinMii*>e
made to tlic emperor, your liiLhiicss vvi^i suii'er
and btar with me as ymi have done, till your
nuiye^tjr may be a judv^c- Jicrtiii your^iolf. iiiid
rightly uudcr^tand tiior procecdini;^, (of which
ynurgoodne^ yet 1 despair not:) otherwi.<>e
rather than to otfcnd Cfud and my coiiscitMice,
I odTer my body at your » ill, und death shall
be more wclcontc than hfe with a troubled
conscience; nio»t humbly beseeching; your ma-
icsty to pardon my slownesii in answering: your
letters. For mine old disease v\ould not sutfer
me to i^ritc any sooner. And thus I pray Al-
mishiy God to keep your mnjesty in all virtue
and honour, with good health unrl lone; life to
hii ulcasure. From my poor hi»u>e at Cupped
llall the 19tb of August. Your majesty's most
humble sister, Mary."
The King's Letten te the Jjidif Mary,
" Right dear and right entirely beloved sister,
we gTf et you well, and let you know that it
grieieih us much to perceive no amendment in
yuu, of that which we for God*s cause, your
tours health, our conscience, and tiie common
tranr^uillity of our realm, have so long desired :
asMiruig you that our suiferancc hath much
more demonstration of natural love, than con-
tcDtation of our conscience, and foresight of
our safety. Wherefore although you give us
occasion, as mucli almost as in you is, to dimi-
msh our natural love ; yet we be lotii to feel it
decay, and mean not to be so careless of vou
' as we be provoked. — And therefore meaning
TOur weal, and therewith joiniitg a care not to
be found guilty in our conscience to (jod, hav-
ing cause to require fon;iveneb5 that we have
so long for respect of lo\e tow.ud you omitterl
our boundcn duty, we send at. rl.is present our
riglit trusty and right well-bi']o\e<i counsellor
the lord Uicb chancellor of England, and our
tmsty and right well- beloved counsellors, sir
Anthony VVingtield, knight, controller of our
bousliold, and sir \Vm. I^iget, Inight, one of
our principal secretaries, in mo->sagc to you,
touching the order of your honsf, willing you
(i) give them firm cre<iit in those lhin«;s they
shall siiy to you from us, and do there in our
uame. Giieu under our signet at our rastle of
Windsor, the 24th of August, in ti.e tiist year
of our reign."
The Kiiifi'A Tnttructions gircn to the said Lonl
LhtiHCe/lor, sir ii. Win^ficlil^ and sir Wni.
PafyCff knights, i^c. *lithqj'AuL,iut, 1551.
*' First you the said lord chancellor and yrmr
colleagues shall make your immediate repair
to tliC siiid lady Mary, giving tr» hi-r hib mtLJi s-
tyMirarty commendations, and ^ihciv the riiii>e
0) your coming to l>e as l()llowc.tii. — Although
Lis majesty hath long lime, as well by hi*) ma-
jesty's OMit luouth und writing, as by his coun-
cil, travelled that the said lady biinj: his fritter,
aud a priiicipAl subject ami member of his
reului, should both be indeed and also slicw her-
self cont'ormable to the la»s and ordinances of
the realm, in the proU .s>iun and rites ot' reli-
gion, using all the gentU- means of t'\hor!atk»n
and ad\ise that could !:i' deviled, to the intent
that the reforniaiion of the fault might willingly
come of hersflf, as the expectation and de>irc
of his miijesty and aii ^.lod wise men uaa: yet
notAith>tan(hng his nKijc>Nty »oelh that hitherto
no manne'r of a:nendmc;il huth f.<iiov\ed, but
by the continuaiK'c of tMe error and oianift-st
breach of his laws no small peril co:i>t-f|uenlly
may hap to the state oi his re-Alm, especially
the sutTerance of such a fault oeing ihreetly to
the dishonour of God, and thi; great iftVencc of
his majesty's conscience, and all other t:ood
men : and therefore of late, even with the con-
sent and ad\ice of the whole state of his privy
council, and divers otheis of the nobility of his
realm, whose nniiK^ ye may repeat, if ynm
think conveirent, his majesty (hd resolutely eh^-
termine it ju^t, necessary and expedient, that
her grace should not in any wise use or main-
tain the private mas*<, e)r any other manner of
service, than such as by the law of the realm
18 authorised and allowed; and tn paiticipate
this his nnijesry's determination to her grace, it
was thought in respect of a favtiurable priH
ceeding with herself, to havetliesame, not only
to be mnnilestod by her own officers and ser-
vants, being most esteemed niih her, but also
to be executed with them in her house, as will
for the cjuiet proceeding in the very matter, us
for the less molesting of her grace with any
mcssiige by stran«:eri>, in that time of her soli-
tariness, wherein her grace was then hy reason
of the late sickness. For which pnrposd her
three servants, Rochester, luigleliHd, and
Walgravc \\eie sent in message in this manner.
I'irst to deiiier hi«* majesty's lit'cr to her,
next to discharge l.hc complaints of saying nms^,
and prohihitinc all the household lioin hear-
ing any. Wheiein the king's majesty per-
ceiveth upon their own report, being re-
turned to the ct)urt, how negligently, and
indeed how fulselv, they have executed their
commandment and charge, contrary to the
duty of ^ood subjects, and to the inanifett con-
tempt of his majesty. Insomuch as manii'cstly
they h.ive befrnc his iiiaje?»ty's council leni^e'd
to elo that which peitaineihto every true fiith-
fiil su- iect, Jo tlu; nllence so tur ol" hi> inajeaty
and derogation of his authority, that in no w]<><>
ttie pnnisliineat of them could be forUorn : and
yet m the manner of tlie pnnUl.meni ofiliLm,
his inuesrv ami his coiiiu il halh such i'o^^id(-
ration and ivspe'ct ol'ht r p( rson, bciiijL his '^i^trr,
that itilhoiit doubt his iiiaje«ty coidil not with
honour havehnd the like consiilcration orfuvuur
in the pnnisl.incnt of the dearest connsillor he
hat!), if any of them hud so otlendrd : and
therefore his majcrLy hath sent \on ihiee not
ooiy to (Urlaie i«) her grace the cau<>es of tl.cir
svndiiii! thither of late his otVirers in n-.o-in'e,
but alM) the causes of their absence now ore-
se-ntly. And further, in the dffitult of lite '«:iwl
officers, to take order, its well ^ith iier chajt-
551] STATE TRIALS, 5 Edw. VI. \ 551. -^Proceedings against Bishop Gardiner, [552
lains, us with the whole household, thnt his
fDaje^ty's hiws inuv he there ohsen'ed. And iii
the coiniDuiiicatiun with her, you shall take
occiisioii to aiDiwer in his majesty's name ccr-
lain point!) ot* her Letter, sent now lately to his
mnjesiy. The copy of wliich letter is now also
sent you to peruke, for your better instruction
how to proceed therein. Fir-t, her allegation of
the promise inatic to jhc emperor must be so aii-
ft wered, ;is t he trui h of the matter scrvet h, where-
of every of you have heard sufficient testimony
divers times in (he council. For her olTcring of
Ijcr body at the king's *vill, rather than to
change her coll^cience, it grieveth his majesty
much, that her consc ience is so settled in error,
and yet no such thing is meant of his majesty,
nor of any one of his council once to hurt, or
will evil to her body, but even from the bottom
of their heart they wish to her Mentem sanam
in cor pore so no. And therefore ye shall do very
well to persuade her grace, that this proceed-
ing Cometh only of the coniscience the king
hath to avoiil the offence o( God, and of neces-
sary counsel and wisdom to see his laws in so
weighty causes executed. Item, because it is
thought that Rochester had the care and con-
sideration t>f her grace's provision of household,
and by his absence the same might either be
disordered or disfurnishcd ; his majesty hath
sc:it n trusty skilfid man of his o^n houshoid,
to serve her grxce for the time. Who also is
sulHciently instructed of Rochester of the state
of her thin«:s of houshoid. And if there shall
be any thing lacking in the same, his majesty's
pleasure, is, that his servant sluill advertise his
own chief othc^^rs of houshoid, to the intent if
the same may be supplied of any store here or
other where helped c<mveniently, her grace
shall not lack. — -Item, having thus proceeded
with her grace, as for the declai^tions of the
causes of your coming, ye shall then cause to
be called afore y(m the chaplains, and all the
rest of the housliold there present, and in the
king's mnjesty*s name most struitly forbid the
chanlains eitlier to say or use any mass or
kind of service, other than by the law is autho-
rised ; and likewise ye shall forbid all the rest
of the company to be present at any such pro-
liibited service, upon pnin to be most siraitly
punished, as worthily falling into the danger of
the king's indignation, and alike charge to them
all, that if any such offence shall be 0j>enly or
secretly conunitted, they shall advertise some
of his majesl) 's council. In the which clause
ye shall use (he reasons of their natural duty
and allegiance that they ot^e as subjects to
their sovereign lord, which derogateth all other
earthly duties. — Item, if you shall find either
any of the priests, or any other person, disobe-
dient to this order, ye shall commit them forth-
with to prison, as ye shall think convenient.—
Item, forasmuch as ye were privy to the deter-
mination at Richmond, and there understood
how necessary it was to have reformation here-
in ; his majesty upon the gre:it confidence he
hath in your wisdom and uprightness, remitteth
to your discretion the manner of the proceed-
ing herein, if any tiling shall chance to arise
there that in your opinions might oiherwi^
than according to these instructions, conduce
you to the execution of your charge, which in
one sum i> to avoid the use of the private
mass, and other unlawful service in the house
of the said Lady Mary. — Item, ye shall devise
by some means as you may, to have under-
standing after yonr departure, how the order
you give is ohsen'ed, and as you shall judge
fit, to certify hither."
44. Proceedings against Stephen Gardiner, bishop of Winchester,
for opposing the Reformation of Ilehgion, and disobeying the
Kings Orders and Injunctions respecting the same: 5 Edw,
VI. A. D. 1551. [Fox's Acts and Monum. 711.]
Jc IRST we will set before the reader the copy
of a certain Writ or Evidence against the sriid
Bishop, wherein, as in a brief sum, generally is
described the whole order and manner of his
misordered demeanour, copied out of the pub-
lic Records in manner as folio weth :
The Writ or Evidence touching the Order and
Manner of the Misdemeanor of Winchester^
utth Declaration of the Faults wherewith he
loasjastlif charged.
" Whereas the king's majesty, by the advice of
the Lord Protector and the rest of his high-
i)es«*s privy council, thinking requisite for sun-
drv urgent considerations to have a general
V sitation throughout the whole realm, did
about ten monihs past address forth (^onunis-
ftioners, and by the advice of sundry bishops
appointed certain orders or injunctions to be
gcnenilly ohser\'ed ; which being such as in
some part touched the reformation of many
abuses, and in other parts concernc<l the good
governance and quiet of the realm, were (as
reason would) oi all men of all sorts obediently
received, and reverently ob5er\'ed and execute**,
saving only of the bishop. of Winchester, who
as well by conference with other, as by open
protestation and letters also, shewed such a wi'l-
ful disobedience therein, as if it had not been
quickly espied, might have bred much unquiet-
ness and trouble : upon the kno\«le<1ce thereof
he being sent for, and his lewd proceedings
laid to his charge, in the presence of the whole
council, So used himself, ^us well in denying to
receive the said Orders and Injunctions, as
otherwise) as lie was thought worthy mi»si sharp
and other the best leanicd men oi the realm, I puuishment: and yet considering ilie pimce m.
553] STATE TRIALS, 5 Edw. VI. l55l.^for cpposingthe Rtfwmation. [554,
f
liad been in, be was only sequestered to tlie
Fleet, where af^er he hud remained a certain
time, as much at bis ease as if he liad been at
his own house, upon his promise of conformity
he was both set at lioerty again, and also
licented to repair lo and remain in his diocese
at his pleasure. Where v%hoii he was, forget-
ting hit doty, and what promise he had made,
be hegan forthwith to set forth such matters,
as bred again more strife, variance, and con-
tention in that one small city and shire, than
was almost io the whole realm atlcr. Besides
that, the lord protector's gnice and the council
were informed, that, to withstand such as he
tboueht to have been sent from their grace and
lordships into those parts, he had caused all his
8er\-ants to be secretly armed and harnessed,
and moreover when such preachers, as being
men of godly life and learnmg, were sent into
that diocese by his grace and lordships to
preach tlie wonl of God, had appointed to
preach, the bishop, to disiippoint and disgrace
them, and to hinder -his majesty's proceedings,
did occupy the pulpit himself, not fearing in
his sermon to warn the people to beware of
foch new preachers, and to embrace none
other doctrine but that which he had taught
tliem, (ihaii the which words none could have
been spoken more perilous and seditious.)
Whereupon, being eftsoons sent fur, and their
grace and lordships objecting to him many
parricular matters, wherewith they had just
canse to charge him, they did in the end upon
his second pnimise leave him at liberty, only
wilhng him to remain at his house at I^ndon,
because they thought it most meet to sequester
him from his diocese fur a time; and being
come to his house, he began afresh to ruffle
and medvlle in matters, v\ herein he had neither
comnii%>>ion nor authority ; part whereof
touched the kini;*s majesty. Whereof being
yet ouce again admonished by his gn^ce nnri
their lordships, he did not only promise to con-
form him<<ell in all things like a good subject,
but also l>ecausc he understood tluit he was di-
Ter^ly reported of, and many were also ofTend-
ed with him, he offfred to declare to the world
insc.Miformity,und promised in an open sermon
*o to o|K;ii his mind in sundry articles agreed
upon, thai such as had been offended, should
bate III) more <*ause to be otfendtd, but well
MtisHed in nil thinsrs. Declaring further, that
M hto own con.ociincc was well bansfied, and
bke<i well rh«' king's procecflings witiiin this
re&lin, so would he utter \n\ conscience '.ihniad,
to tlic satisfaction and good quiet of others.
And y«-t all this notwithManding, at the d»y j
sproiiitfd, he did not only most arro<j:untly and ;
HtMliedie: tly* and that m the presence of liis j
majesty, their grace and lordships, and of such
■naiiilirncc us the like whereof hntli not li^^litly j
beeti Mren, speak of i:t>rt:iin matters contrary to i
sii f xprens conmiamhiient given to him on his
■niii(My's bf-liulf, b«>th by mouth and l)V letters, '
biit alsi) in the rest of the articles wiicrcunto
be li:ul agreof I before, used such a matter of
wtenuice a» was very like croii there presently.
to have stirred a great tumult, and in certain
great matters touching the policy of the realm^
handled liimself so colourably, as therein he
showed himself an open great oft'ender, and a
very seditious man : forsomuch as these his
proceedings were of such sort, as being suffered
to escape unpunished might breed innumerable
inconveniences, and that tlie clemencies shew-
ed to liim afore, by tiieir grace and lordships^
did work in him no good effect, but rather a
pride and boldness to demean himself more and
more disobediently against liis majesty's and
his grace's proceedin^is, it was determined by
their grace and lordships, that he should be
committed to the Tower, and be conveyed thi-
ther by sir Anthony Wingiield, and that at the
time of his committing, sir lialph Sadler and
William liunniugs, clerk of the council, should
seal up the doors of such places in his house as
they should think meet ; all which was done
accordingly.'' — By this evidence abovemention-
ed, first here is of the reader to be noted, how
lewdly and disobediently the said Stephen Gar-
diner misused liimself in the king's general vi-
sitation, in denying to receive such orders and
injunctions, as for the which he justly deserved
much more severe punishment, albeit the king
with his uncle the lord protector, more gently
proceeding with him, were contented only to
make him taste the Fleet. In the which house,
as his durance was not long, so his intreating
and ordering was very easy. Out of the which
Fleet, divers and sundry letters he wrote to (he
lord protector and other of the council, certain
also to the archbishop olX'anterbury, and some
to master Ridley bisliop of London ; the par**
ticulars were too long here to rehearse, consi-
dering how this book is overcharged as ye sec
already ; and especially seeing Uie same to be
notified in our first edition suthciently, as is
aforesaid. Wherefore, omitting the rehearsal
of tliese said letters, and referring the reader t^
the lK>ok aforesaid, I will only repeat one letter
of the said bishop, with the answers of the lord
urotectorunto the same; the contents whereof
oe these as follow.
A Letter of IMnchester io Master Vaughan,
'* Master Vaughan, after my right hearty
commendations : In my last letters to iny lord
protector, signifying, according to the general
commandment by letters given to all justices
of peace, the state of (his shire, I declared (as
I supposed true) the shire to be in good order,
quiet, and conformity, for I had not then heard
of any alteration in tliis shire-, w4)ich the said
letters of commandment did foibi<i. Now uf
late within these two d:.ys, 1 h-ivc heard of a
greut and detestable (if it be tiue that is told
nit) innovation in the town of Port!*mouth,
where the images of Cttrist and his siiots have
I ecu most conien)|ituotislY pulled down, and
s iiefully handkd. Herciii I thought good
both to write lo you mixI the inavor, (he kiim's
mnjrsty's chief ministers, UH well to know the
troth, as to considt with yon for the reformation
of ir, to the intent f may be seen to discliargc
6-7 5] STATE TRL\LS, 3 £bw. VI. IJ.51. — Proceedin^^x against Bishop Gardiner^ [556
mj du^Vy mid fliM;hargin^ it indeed b'Mh to God
and to ilic kiri(;*9 m^ij^rsty, under «h(irD I am
liere app^jinccd to have cure, and care to re- ■
Iteve sur.h as be Kv ;iny ways lullen, and pre- i
serie the re^r that si»iid tVorii lik*.- d'niifer. Ye !
fire a Kenilcuian mtii Mh<-#in I have had ac- -
qnaintancc'y and Hhoiii I know to tf wise, and j
ctteein lo have in ore knowifd^e, wisdom, and ^
Hiv:reti<jny than t*» ullow anjf such cnonuihcs, ;
and ther«rf<jrc I rlo tlic mrrrtr williniglj consult
with you herein, with rcfr|ii«rit friendly to know
of vou the verv truth in the niuttfr, who be the
doert, and ihc circurn^tau'.es of it, nnd vihe- !
ther you think the matter so far gone with the
multitude, and wlietlii-r the reproof and dis-
proving of the deed, mi^\it withr>ut a further
dun::cr he entiTpiised in the puipit, or not,
minding, if it iiisiy -o he, to umd one thither
for that put po-c upon Sunday next roining. I
Would use prf'urhiiti! a!» it ^h'juld not hr* r)cca-
sion ofiiny furilifr folly where a foily i^ begun,
and to a ipultitnde, persuaded in the opiaion
of di'brriiction oriin:ig««, I would nfver preach.
For (:i% Vriptun* willciji ub; w(* should cast no
precious •>loiie?i hrfure h';gi. Such as be in-
fected with t It'll opinion, tlicy be hog4 and
worbe than hog^, if there \tt any grosser lieasts
than lu>)!9 be, nnd have been ever so taken, and
in Ki){;I(ind they are ralle'l LjlUrds, who deny-
ing iinnges, thoiiisht therewithal tlie cnifts of
painting and gniving toU' Kcner4dly bU|K*rfiuous
and nniight, and against Ood'slawA. — In Ger-
many, such a.-i maintained that opinion of de-
stroying of iinng<'4, wfre accountLfl the drees
cast out by Luther after he had tunned all his
brewings in ('hrist's rcLioion, and so taken as
hogs infiit. For the rc-pmof of wlioni Iji*her
tvrote a book Hinrially, and I have with mine
eyes seen the images standing in all diurchcs,
where Luther was hud in OMtiniaiion. For the
destruction of iintigcrt containcth an enterprise
to subvert religion and the state of the world
with it, and <'S|)(.-citilly the nobility, who hy
images set forth and spread abroad to be read
of all people, their lineage, paritntage, with re-
incmbraiii.'c of (heir state nnd acts; and the
pursuivant carricih not on his breast the king's
name written with such letters as a few can
spell, lint such as all ran read, be thoy never
so rude, being great kmmn Utters in iniugt^sof
three lions, and three flowers do luct',and other
beasts holding those arms. And he tfiat can-
not read the scripture written about the king's
f;reat seal, yet hr can read saint Georj»c on j
iorseback on th<> oiif side, and the kini; fitting \
in his mnjrsty tm the other side, and readcth |
so much wriit\ii in those images, as if he be an
hrnif-si man, he will put otV his cap, and altlioii):h :
it the seal wen: br>>ken by chance, he would and
might make a candle oi' it, yet he would not
be noted to have broken the seal ffir that pur-
pose, f>r to rail it a piece of wax only whilst it i
roulinueth whole. And if by revilini* of stocks !
and stones, in whi(*h inatttT images lie uraven, 1
the setting of th« truth to be read in them of '
nil men shall be contemned ; 1k)w shall such
writing continue in honour as is comprised in
clouts and pitch, nbcreot and viiicreupon our
lKiok-» l*e made, such as I'ew can skiil of, aod
not tiie hundredth part of tite realm? and ifwt
a few tliat can read, because we read iu one sort
of letters, so privileged as they have many re-
liefs, shall pull away the books of the re.<st, and
would ba\e our letters only in estiiuation, and
blJiui all them, shall not liiey have just cause
to mistrust what is meant ? And if the cross
be a truth, and if it lie true that Christ siiflfcr*
ed, why may we n<Jt ha%c a writing thereof,
such as all can read, that is to say an imafge?
If this opinion should proceed, wlieai the king's
miijesty iiereaft^cr should shew bis person, bis
lively iinace, the honour due by God*5 law among
such might continue ; but as for the king's
standards, lu!> banners, his anus should hardly
continue in tluir due reverence for fear of L^jI-
lards idolatry, which tliey gati.er upon scripture
beastly, not only untrueiy. The scripture re-
proveih false images madcof stocks and stones,
and so it doth false men made of fle^h and bones.
— When the emperor's money was she%%ed to
Christ, wherein was the ima^e of the emperor,
Christ condemned not that image calling it an
idol, nor noted tliai money to be against God*s
hiw, because it had an image in it, as tliough it
were against the precept of God, Thou shak
have no graven image ; but taught tliem good
civility, in calling it the emperor's image, and
bid them use the money as it was ordered to
be used in his right use. — ^There is no scripture
that reproxeth truth, and all scripture reproveth
falsehood. Falst; writings, fidse books, false
images and iklse men, all be nought, to be con-
temned and despised ; as for paper, iuk^ parclt-
nient, stones, wood, bones, A. U. of the Chan-
cery liand, and A. B. of the Secretary hand, a
letter of Germany fiishiou, or of any otJier
form, they be all of one i&timation, and may
be, of man iiichiiing to tlie devil, used for
falsehood, or applying to (iod's gracious culling,
usi'd to set forth truth. It is a terrible matter
to ilunk, that this false opinion conceived
against inmgcs should trouble any man's head :
and such us I liave kno\Mi vexed with that
devil (as I have known some) be nevertheless
wonderously obstinate in it: and if tliey can
find one that ran spell I^tiii to help forth their
miulncss, they be more obdurate tlian e^er
were the Jews, and slander whatsoever is said
to them for their relief. Of this sort I know
them to be, and therefore if I \x ish there were
many of that sort xvith you, I would not irritate
them by preaching witlunit fruit, but labour tor
reformation to my I^ord Protector. But if you
thought there might he other nays used hrst to
a good efiect, I would folU»w your lulvice, and
proceeding with ynn and the mayor, with both
your helfis to do that may Ue in me to the re-
dress of the matter; which I take to be such
an enterprise against Ciirist*s rcligiim, as there
cannot be a greater by man excogitate with tlie
devil's instigation, and at this time much hurt-
ful to the common state, as ye um of your wis-
dom consider. Wluun I heartily desire and
pmy to send ui« answer by this bearer lu ibcte
337] STATE TRIALS, 5 Edw. VI. 1 551. ^for opposing the Rtfomation. [J58
my letters, to the intent I may use myself in i his counsel and order ; yrt 'more .genlleness
sending; ot'u preacher thither^ or writing to my | was shc««cd to those hooks of images, than to
Lonl Protector, as the ca&e shall require ac- | the true and unfeigned books of God*s word,
cordingly. And thus fare you heartily well. | both being abused, the one with idulatry, tli«
From' my houf^e at Wolvesey, the 3rd of May, ; other with contention. The Scripture was re-
1547. QTEpn WiNT. moved for a time from certain persons, and
A Letter of the Lord Protector* answering
to the Letter above.
almost from all : the images were left still to
them who most did abuse them, the thing be-
ing yet closed from them which should teach
After hearty commendations, I received of| the use. Wherefore it may appear unto us
late two letters from your lordship, the one in- j meet, more diligenter lieed to be taken that
clo^ in a letter of master Vaughan's to us, tlic abused before be not abused again, the ad-
vantage of some priests, simplicity of laymen,
and directed to him, the other directed straight
unto us, very wittily and learnedly written,
and great inclination of man's nature to idola-
whereby we do perceive liow earnest you are . try giving cause thereto. — ^They that condemn
that uo innovations should be had. The which images, because the matter that they are made
mind uf yourb us we do higlily esteem and al-
low, proceeding from one that would quietness,
of is but vile, as stocks and stones, may like-
wise despise printing in paper because the
io we would likewise wibh, that you should take | ink hath pitch in it, and the paper is made of
pood heed that too much fear of innovation or , old rags. And if they be both alike, it might
disturbance doth not cause both of tliem to be. I he renr^oiicd why a man should he more ag-
Many times in an host, he that crieth enemies ! grieved, that an imiige of wood, though it were
enemies ! when there be none, causeih not only ! c»f St. Anne, or St. Mtir^aret, should l>e burned,
disturbance, but sometimes a mutiny or rebel-
lion to be made, and he that for fcur of a sick-
ness to come taketh uiuidvisedly a purgation,
iometimes uaketh himself sick indccfl. We
than he will that the Bible, wherein the un-
doubted word of God is comprised, should be
torn in pieces, burned or nindc paste of. Nor
do we now speak uf false Ui'ules, inr false gos-
perceive by the said your Ictlci's, that hainouser I pels, but of the very true gospel, either in K:itin,
Hicts and words have been broui^ht to your | (jSrcek, or Eni;ii>h, which we see every duy
cares, than there was cause why : and those i done, and soniotinu.' commanded, because the
&cts which were punii-hable be already by him ; translator di'iploui'eth us; and yet iierciu no
redrest. — For the matter of Images, an order ' man cxclainieth of a terrible and detestable
«a^ taken in the late king of famous memory i fact done. But let one ima(:e cither for age,
our so%'ereign lord*s days. When the abused and because it is worm-eaten, or because it
images (yet lurking in some places l)y ne^zli-
geiice of I hem who should ere this time have
looked unto the same), be now abolished, let
not that be a matter of the tilM>lishii)g of all
hath been foolishly abusied, be burnt or abo-
lislied, by and by some men are in exceeding
rage, us tliou(;h not a stock or a stone, but ii
true })uint of tlcnh and bone should he cast into
images. Though felons and adulterers be pu- tin; fire, wliich were a detestable and a terrible
nislied, all men be not slain. Though the ' sight. We cannot see but that hnages mny be
linages which did adulterate God's glory be | counted marvellous books to whom we have
taken away, we may not think by and by all kncelcfl, whom we have kissed, upon wiiom we
manner of images to be destroyed. Yet after > have rubbed our beads and handkerchiefs, unto
our advice, better it were for a time to abolish whom we have lighted candles, of whom we have
dicm all, than that for the dead images the asked pardon and help, which thing hath seldom
king's loving subjects, being faithful and true been seen done to the gospel of (iod, or the very
to the king's majesty, should l)e put to variance true Bible. For who kisse<l that but the priest
ind disturbance. With quietness the magis-
tnites and rulers shall keep them well in onler,
whom contentious preachers might irritate and
provoke to disorder and strife. So it mn<st be
provided that the king's majesty's images, arms
at the mass, at a painted picture, or in Mich a
ceremony ? Or who knceleth unto it, or fcttetli
a candle before it ? and yet it sceth or hcareth,
as well as the iinu^zes or pictures either of St.
.lohn, nrour Lady, (jr (.'hrist. — Inch ed images
^ . Q_ — ., — ^. _ ^ — ,, ^ .. — ., ..„.jf,,. , ^.. «....,» *^et^>
and eoM^ns, should be hcmoured and wor- I he great loiters; \ct as lii<: as they be, we havt
thipped, afti^r the decent order and invention i seen many uhich h;ivc read them amiss. And
of human laws and ceremonies, and ncver-
tU'lesN tliat other images, contrary to God's
ordinanres and lawb, should not be made par-
(akera of tliat reverence, adoration and invo-
cation, which (forbidden by (»od) sh'uild drro-
bc like they be so likely to be read anii^s, that
God himself, fenrint; the Jews to heconie evil
roafiers of them, gt or rally did iorbid them.
Nor is ;•• any great marvel though in reathu;;
of them tlu^ [ay-pco|ilif are maiiy times decei\i.'d.
|!Bie his honour, and be oe<-asion to arcumul.ite i ^^l>cn your lo.MMiifi, ns :ipp(areth, hath not
Gud's wrath upon us. Where they be taktn ' truly read a nio:*. trm; and :i most conunon
fi>r a remembrance, it maketh no great matter I iniaiic. Vour r»nls>iip hath ihwml out, in the
tltuueh they stand still in the church or market j kiuj^'s hi^hnev-* urnit s'Oal, St. (i<*'»n»e on horse-
ite'.id, following the tnte king of famous memory j brtclc, which i fie uraver ne\er made in it, nor
~ ! the sealer ever sealed with it ; and this inscrip-
tion ib not verv little, ii.nd if it were, it could
• Edward «luke of Somerset. .Sec Xo. 11
ud42.
not escape your lordship *& eyes. As the
HI
559] STATfi TRIALS, 5 Edw. VI. IboL'-^Procecdinss againu Bisliop Gardiner, [560
scriptinn testifierh, the king's image is on both
the sides; on the one side as in war the chief
captain ; on the other side as in peace tlie
lio^e sovereign ; in harness with liis sword
drawn to dcrend his subjects; in his robes in
the sent of justice with his sceptre rightfully to
rule and govern them, as he whom both in peace
and war we acknowledge our most natural and
chiefest head, ruler and governor. If it were
St. George, mj lord, where is his spear and
dragon ? And why should tlie inscription round
about tell an untruth, and not agree to the
image ? Yet it is called sometimes so of the
Tudc and ignorant people ; but not by and by,
that, that is commonly called so, is always
truest. And some have thought that by like
deceiving, as your lordship herein appeareth to
ha\'e been deceived, the imnge of Bellerophon
or Perseus was turned first and appointed to
be St. George, and of Polyphemus, of Hercules,
or of some other Colossus, to be St. Christo-
pher, because authentical histories have not
fully proved their t%%'o lives. But those be in-
different to be true or not true, either thus in-
vented upon some devise, or rising of a true fact
or history, and whether it were true or not, it
inaketh no jjreat matter. — It were hardly done
indeedy my lord, if that you, and a few which
can read, should take away from the unlearned
multitude their books of their images : but it
were more hardly done, if that you or a few
wliich can read in one or two languages, (as
Greek and L.atin) the word of God, and have
had thereby many reliefs and privileges, should
pull away the English l>ouks from the rest
which only understand English ; and would
have only your letters of Greek and Latiu in
estimntiim, and bind all them, which under-
stand not these languages, from the knowledge
of God's word. And indeed, my lord, by your
faying, they have just occasion to suspect what
is meant. — What you mean by true images and
false images, it is not so easy to perceive. If
they be only false images, which have nothing
that they represent, as St. Paul writeth, An
idol is nothing, because there is no such god,
ttnd therefore the cross can be no false image,
because it is true that Christ suflered upon it :
then the image of the sun and the moon were
ii> idols, for such things there be as the sun
and the moon, and they were in the image
then so represented, as painting and carving
doth represent them. And the image of Ninus
and Cesar, and (as some write) the images of
all the 12 chosen gods (as they called them)
were the images of once hving men. And it
might be said that the image of God the Taiher
hath no s.uch eyes, nose, lips, and a long grey
beard, with a furred robe, ntjr ever li:id, as they
carve and paint him to have : But if that be a
faltie image and an idol whidi is otherwise wor-
shipped and accepted than it ought to be, as
the brazen serpent, being a true imnge and
representation of Christ, by abuse was made
an idol ; it may be tliought in times past, and
pcpidventure now at this time, in some places,
the imafet not only of St. John or Sc Anne,
but uf our lady and Christ be false images and
idols, representing to foolish, blind and igno-
rant men^ hearts and thoughts, that which was
not in them, and they ought not to be made
for. The which were by you, my lord, to have
been removed sooner, and before that the cap-
tain there should have heed to have done it.
But if your lordship be slack in such matters,
he that removeth fklise images and idols abused
dotii not a tiling worthy of blame. — Christ
called not the money, having C»sar*s image in
it, an idol, when it was used to lawful uses,
and to pay the due tribute withal. But when
a man doth not use those images graven in
money to do his neighbour good and the com-
monwealth service, saint Paul, Christ's disciple,
called that covetousnes<«, and the serving and
bondage to idols. So that even in money may
be idolatry, if we make too much of' those
images wluch Christ here doth not reprehend.
There be some so tickli«>h and so fearful one
ways, and so tender stomached, that they can
abide no old abuses to be reformed, but think
every reformation to be a capital enterprise
against ail religion and good order : as there be
on the contrary side some too rash, who having
no consideration what is to be done, headlong
will set upon every thing. The magistrate's
duty is betwixt these, so in a mean to see and
provide that old doting should not take further
or deeper rust in the coinini'uwealth, neither
ancient error overcome the seen and tried truth
nor long abuse, for the age and space of time
only, still be sudliTed : and yet all these with
quietness and grntlencss, and without all con-
tention, if it were possible, to be refonned.
To the which your lordship, us a man to whom
God hath given great qualities of wit, learning,
and persuasion, could bring great lielp and fur-
therance, if it were your pleasure, with great
thanks of men and reward of God. The which
thing is our full desire and purpose, and our
hearty and daily prayer to God, that in the
king's majtsty's time, whose majesty's* reign
God presene,all abuses with wisdom reiormc^y
Christ's rclipon with good and politic order of
the Commonwealth, witj^out any contention
and strife among the king's subjects, might
flourish and daily increase. And this to your
lordships letter sent to master Vauglian of
Portsmouth.
Winchester to the Lord Protectttr.
May it please your grace to understand, that
I have noted some points in my lord of Saint
David's sermon, which I send unto you b<rre»
with, whereby to declare unto you some part
what I think, for the whole I cannot express :
somewhat I shall incumber you with my bab-
bling, but he hath incumbered some friends more
with his tattling. And alas, my lord, this b a
piteous case, that having so much business at
ye have, these inward disorders should be added
unto them, to the courage of such as would
this realm any ways evil. For this is the thing
they would desire, with hope thereby to dis-
order this realm, being now « time Ittbtr lo
561] STATE TRIAI4b SEdw.VI. 1551.— for cpponng the Rifi>rmaiion. [562
repair that which needeth reparation, than to
Itaake any oaw huiidiiigs wliich they pretend.
Quiet, tranc^uillity, unir^, and concord shall
maiiitaip estimation. The contrary may ani-
mate the enemy to attempt that which ivas
never thought on, which God Ibrbid. There
was never attempt of alteration made in Eng-
land, bat upon cumibrt of discord at home, and
woe be to them that mind ic. If my lord of
Saint David's, or such others, have tlieir head
cumbered with any new platform, I would wish
they were commanded, between tliis and the
king's majesty's full age, to draw the plat, dili-
gently to hew the stones, dig the sand, and
chop the chalk in the unseasonable time of
buildingy and when tlie king*9 majesty compth
to full age, to present their labours to him, and
in the mean time not to disturb tlie state of the
realm, whereof your grace is protector, bui
that you may in every part of religion, laws,
lands, and decrees (which four contain th?
state) deliver the same unto our sovereign
lord, according unto the trust you be put in,
wh:ch shall be much to your honour, an^ as all
hone»t men wi>h and Hcsirc. To w hich de::r i
effect there can be nothing so noisome and
oontr;ir'ous, us trouble and diKfuict. Wherein
your giiice siiall le specially' troubled, as on
whose btioulders all ihe wiighi li^>tli; and whnt-
mever sliall uappen a1llI^^ by the faults of other,
shall be nnpuicii to your urace, as doer thereof,
or vrantins; foresight in time to with!<tand the
time. And albeit that yon mind not to he
Aulty in either, yet it the rft'cct be not to the
rtalin as it were to be wished, the priacc
though he were of age should be excused, and
the g.ivernors bear the hlanie. And thi^ is the
intitiiciiy of preheniiDcnce und authority, and
t|ieciiillY ill this realm, as titories make men-
tion, wiiich should not discourage you, for you
need fear nothing without, if (|uit-t be reserved
it huuic; and at home if the beginning be rc-
liited, fhe intended folly may easily be intcr-
rupteit. But if my brother of Saint David's
my like a champion i\ith his sword in his
hand, make enter for the re^t, the door of li-
cence openeii, iliere sh-dil more by fotiv thrust
in with Inni than your grace would wish. Thus,
u I tliiuk, I WTHf homely to your grace, be-
cause you were content 1 flioiild write, wherein
IcjUfidcr only to have all things well. And
because your grace is the pntector, nnd the
chief director of the retdm, to present unto
your wisdom, what my folly is, I have been
oftentimes blamed for fearing over much, and
Tet I ha\'e had an inkling that they that so
planed me, fcareil even as much as J. Being
in the state that you be in, it sh:dl be ever com-
mendabie to foresee the worst. In quiet yc
be strong ; in trouble ye be greatly weak, and
bring yourself in danger of one part, when
parties be, therewith one to scourge the other.
Whereas in concord they lie both yours, in an
honest, reverent, lovely fear to do their duty,
Mhich I dnnbt not your wisdom can consirier.
And consider also how noisome any other out^
•vd incumber might be in the time of the mi-
TOL. I.
nority of oar sovereign lord. I told tlie em-
peror's council. That our late sovereign lord
did much for the emperor, to enter war with
him, and to put his realm in his old days iii
the adventure of fortune, whether he should
enjoy it or no, for that is the nature of wiir.
And sometime the contemned and abject luive
had tlie upper hand. And when ye administer
the realm for another, it were a man-ellous
question of him that shall enjoy the realm, to
say, what meant you in the time of adminis-
tration to adventure my realm ; Why took ye
not rather for tlie time of my minority any
peace whatsoe\'cr it were, which is better tlian
the best war, ms some men have written ? 1
know you have auihority sufficient, and wisdom
plenty, and yet being entered to write, 1 foreet
for the time what ye be, and commune witli
you as I were talking at Brussels with you, de^
vising of the world at large. And if I were
sworn to say what I think of the state of the
world, 1 would for a time let Scots be Scots,
with de<:p'jir to have them, unless it were by
conquest, which shuU be a goodly enterprise for
our young master v. hen he cometh to age. And
ill the mean time "prepare him money for it,
and seL tiie realm in an order which it hath
need of. And for a stay, if the emperor would
oifcr the king of Romans' daughter, as he did :
do with him in our minister's minority, as he
did with us in his, whereby ail this hath chanced
unto hiin. And by this alliance your estima-
tion shall encrease, and our sovereign lord's
surety not a little encn^ase and be augmented.
For of I'Vance it most be taken for a rule, they
be so wanton, they cannot do well longer than
they sec how they may be scourged if they do
not. ilere is all the wit that I liave, which I
offer unto you upon this ocC'ision of writing,
and shidl pray God to put into your mind that
which shall be for the best, as 1 trust he will ;
and in the mean time to extinguish this bar-
barous contention at home, wjiich ran ser\'e
only to do hnit, and no good. I bad fiishioucd
a letter to Muster Ridley, which 1 send unto
your grace, and incumber you with these me-
lancholy writings, ingendcred of this fondness,
which be not worth the rending. And so it
mny like you to use tht'in, for having hc:ird that
which ve liSLvc said unto me, and otherwise
heard and !>('en what you do, 1 shall go occupy
my wit in other matters, and now such as have
fond enterprises shall see that I letted not their
follies, which they called God's word. But for
his tunc the king our sovereign lord that dead
is, and after his time you have done much to
your honour and reputation ; iiows<jever any
shall be here not contented; which inisconten-
tion hath been so fr)nd in some, as they have
burst out and wi^hefl, that they niisiht without
breach of his laws kill me : which is to me a
token of a marvi'llDUt fury, which had been
cause why 1 am glad both to depart hence, nnd
to depart the sooner, and pray lu God to order
all things for the l^est, with preservation of our
sovereign lord, and increase of your grace's
honour.
2 •
563] STATE TRIALS, 5 Edw. VI. 1351 — Proceedings c^mu Buhcp Gardiner, [5M
^t my boose in Southwark, the last of Feb-
ruary. Your grace*s humble bcadman,
8. W.
Another Letter of Winchester.
After my humble coinniendations to your
ffmce, it may like the same to understand, I
have «een of late two books set forth in Eng-
lish by Bale, very pernicious, seditious, and
slanderous. And albeit that your grace need-
f th not mine advertisement in that matter, yet
I am so bold to trouble your grace with my
letters for mine own commodity, wherewith to
satisfy mine own conscience, to write and say
AS l>ecooieth me in fuoh matters, which I de-
sire your grace to take in good part. For it
grieveth me not a little, to see, so soon afker
my late sovereign lord and master's death, a
book spread abroad more to bis dishonour (if a
prince s humour may be by vile inferior subjects
unpeacbed) than professed enemies have ima-
gined, to note a woman to have suffered under
him as a martyr, and the woman therewith to
be by Bale's oy^n elucidation, as he calletb it,
so set forth ttnd painted as she appeareth to be,
and is boasted to be a sacramentary, and by
the laws worthy (as she suffered) the pains of
death; suchlike things have by stealtn in our
late soverei^n lord's days g(me abroad as they
do now. And as I am wont in such cases to
speak, I keep my wont to write to your grace
DOW, in whose hands I know tlie state of the
lealni to be for the time in government, and to
whom, for respects of old acquaintance, I wish
all felicity. In these matters of religion I have
been long exercised, and have, thanks be to
God, lived so long as I have seen tliem thorough-
ly tried, and besides that I have learned in
written books of authority, I hare perceived by
books written without authority, as by Master
Bale, Joy, aud other, and especially as Bale
tiseth now, that Scripture dotn, by abuse, ser-
vice to the right hand and the left at once, in-
souiurh as at one time Bale pmiseth Luther,
and setteth his death forth in English, with
conimendarionb as of a saint, which Luther
(whatsoever he wits otiterwise) stoutly affirmed
the presence really of Christ's natural body in
the Sacrament of the altar. And yet Bale, the
noble clerk, would have Anne Askew, blas-
phemously denying the presence of Christ's
natural body, to be taken fur a saint also. So
us Bale's saints may vary in heaven, if tbey
chance not by the way ; which might suffice to
disprove the man's credit, if thwarting talk
were more desired of many than the truth in-
deed, which truth was supposed to have been
both in writing and exercise well established,
long before our late lord's death; and Bale
and his adherents in their madness plainly re-
proved and condemned. I cannot forget, your
l^ace told me you would suffer no innovation :
and indeed if you deliver this realm to the king
at 18 years of age, as the king his father, whose
soul God assoil, lefl it, as I truAt you shall, the
act is so honourable and good, as it were pity
to trouble it with any innovuiiun, which were
a charee to your grace more than needed,
being already burthened heavily. And albeit
in the commonwealth every man hath his part,
yet as God hath placed you, the matter is,
under the king's majesty, chiefly yours, and as
it were yours alone. Every man hath his eye
directed unto you both here and abroad, yoa
shall shadow mens doings if they be done,
which is one inconimodity of high mle. And
for my part, Ijesides my duty to the king's
majesty and the realm, I would that Toor
grace, in whom, since your government, I have
found much gentleness and humanity, bad as
much honour with good success as ever any
had, and pray to God that men would let your
grace alone, and suffer the realm in the time of
your sovemment in quiet among ourselves,
whereby we may be the more able to resist
foreign trouble, which your grace doth pru-
dently foresee. Certain printers, players, and
preachers make a wonderment, as though we
knew not yet how to be justified, nor what
Sacraments we should have. And if the agree-
ment in religion made in the time of our late
sovereign lord be of no force in their judgment,
what establishment could any new agreement
have? And every incertainty is noisome to any
realm. And where every man will be master,
there must needs be uncertainty. And one
thing is marvellous, *.hat at the same time it is
taught that all men be liars, at the self-same
time almost every man would be believed ; and
amongst them Bale, when his untruth appear-
eth evidently in setting forth the examination
of Anne Askew, which is utterly roisreported.
I beseech your grace to pardon my babbling
with you. But I see my late sovereign lord
and master slandered by such simple per^ns*,
* The following passage, in another part of
Fox's work, is worthy of insertion here :
*' Forsomuch as mention is inserted in this
{>lace of the good inclination of king Henry in
lis latter days to the reformation of religion,
by the occasion hereof it cometh also to mind,
s<jmewhat likewise to add by way of appendix
touching the talk between the archbishop of
Canterbury Thomas Cranmer, and the duke of
Suffolk Charles Brandon, as concerning the
king's purpose and intent conceived against the
bishop of Winchester Steven Gardiner, in that
he could never allow any reformation in religion
in tliis reahn, and, namely, being offended with
this, that men should use in their talk, The
Lord, ns well as our Lord; the said duke said
unto the said archbishop. We of the counsel bad
him once at a good lift, and should well ha^-e
dispatched him from his authority, if the king's
majesty our master had stayed himself from od-
mitting him to his presence, as then his hieh-
ness was content that we should thorougnly
have sifted and tried him. It was, my lord,
quoth the duke to the archbishop, at that time
when (tardiner his secretary wka attached, and
suftered ibr defending the Pope's authority. For
then I and certain of the counsel having eno«
ference with the king's majesty for that maiter,
S65] STATE TRIALS, 5 Edw. VI. 155I.-/or opposing the BrformatUm. [5(15
idigion anaulted, the realm troubled, and
peaceable men disquieted, with occasion given
to eneoiie:! to point ond nAy, thai after Wick-
lifle't strange teaching in the Sacramentsi of
Christ's Church hath vexed other, it is linally
tamed unto us to molest and scourp^e us, for
other fruit cannot Biile's teaching have, ne the
teaching of such other as go about to trouble
the agreement established here. In which
matter I dare not desire your grace specially
to look eamestlj unto it, le^t J should seem to
note io you that which hecomcth me not. And
I know, that your grace being otherwise occu-
pied, these things may creep in as it hath been
bcretofore ; sometime it may be hard for your
pact to find out or pull out the root of this
naughtiness : but yet I am so bold to write of
these, of mine own stomach, who have ever
■sed, for discliarge of myself, to say and write
in time and place as I thought might do good
ibr relief of the matter, remitting the rcbt to
the disposition of God, who Imth wrought
vonders in these matters, since they were first
MOTed, and given me .^ucli kno^ ledge and ex-
perience in them, as I ought to take them, as
they be, for corruption and untruth ; I mean
koowledge and experience of them that be
chief stirrers, to infect with untruth, as tliey
cannot speak or report truly in comiuon mat-
ters. Tlie pretence is of tiie spirit, and all is
&>r the flesh, women, and meat, with liberty of
his highness was fully persuaded, that the bi-
shop's secretary, being in such special favour
with his master, would never stand so siitT in
defence of the bishop of Rome's usurped power
•od authority, without his said master's both
advice, knowledge, and pcntuubiun. For al>
ready, quoth the king, he played but an homely
part ^«ith me, wlicn he was embassador to the
Pope concerning my cause of divorce. And
therefore, quoth tlie king to mc, sc^id fur him
ay lord incontinently, and by asi>istance of
two or three more uf the council, whom you
think good, let him be committed to the Tower,
to answer to such things as nuiy Ix: objected
igaiost nun. X Ins communication was in the
evening, so that we purposed to have executed
the king's plcaiiure and coinmandment the next
Homing, llowbeit our talk was not so secret,
but that somo of his friends of the privy chain-
Ler, where he had many fi icmls then, suspecting
the matter, sent him word thereof. Who in-
continently repaired tu the king's presence, and
finding some matter to mini.ster unto the king,
kis highness said to the bi!»hf>p. We do marvel
that your secretary hath thus notoriously of-
frnded against us mid our laws. It is surely
thought that you are not all clear in this ol-
irnce, but that you are of the same opinion
with him, and therefore my lord be plain with
ae, and let me know if you be that way in-
fected or no. If you will tell me the truth, I
will rather pardon the fault ; but if you halt or
dissemble with me, look for no favour at my
band. — With this monition Winchester fell
down upoo hit kneety and besought his majesty
hand and tongue, a dissolution and dissipntiim
of all estates, clean coutrarious to the place
God hath called your grace unto. For it lend-
6th all to confusion ami disorder, which is the
eflfect of untruth. — Bale hath set forth a prayer
for the duke John of Saxony, wherein the
duke reniitteth to God's judgment to l>e
shewed here in this world the justness of his
cause concerning religion, and desireth Gud,
if his cause be not good, tu order hi'ii to
be taken, and to be spoiled of his honour and
possessions, wuh mmiy such s:ay words where-
by to tempt God ; since v^hich pravt-r the duke
is indeed taken as all the world saiih, and at
the time of his taking, as tlie account W made,
such strangeness in tue sun, as we saw it lure,
as hath not been seen, lliey happened both
together, tliis we know, and be both niaivel-
lous ; but whether the one were a token order-
ed to concur with the other, God knoneth, and
man cannot define. Many commons <»al(h8
have continued without the bir»hop of Koiiii>*s
jurisdiction, but without true religion,- and with
such opinions ns Germany mainuined, no es-
tate hath continued in tlie circuit of the world
to us known since Christ came. For the Turks
and Tartars go\'eniment is as it were a continu-
al war, and they uphold tlieir rule with subdu-
ing of nobility by tire and sword. Germany
with their new religion could never liave stooit,
though the emperor had let them alone :' for if
of mercy and pardon, manifestly confet>(^ing that
he had long time been of that opiniiui with his
said secretary: and there bewailing himself
promised from that day forward to refurni liis
opinion and become a new man. Well, qnoth
the king, this way you have of me that which
otherwise you should never have obtained. I
am content to remit all things past, and pardon
you upon youramcndment. — ^'ihe next morning
I luid word how the matter was handled, where-
upon I came to his highness and said ; Your
majebty hath prevented our commission, which
I and other had from your grace concerning my
lord of Winchester's committing to tlu; Tower.
Wot YOU what, quoth the kini^ ; lie hath ron-
fesscd himself as guilty in tiiis matter as his
man, and hath with much sorrow and ponsi\e-
ness sued tor my pardon ; and you know what
my nature and custom hath been in such mat-
ters, ever more to pardon them that will not
dissemble but confess their fault. — Thus wilily
and politicly he got himself out of our liHiids.
But if I had suspfcted this, I would have had
him in the Tower o\cr night, nnd »to|)|>ed lus
journey to the court. Well, said my lord of
Canterbury, he was evermore loo j;ood ft)r y^u
all. Moreover as touching this fores:iid biiili'tp
of Winchester, forsomuch ns lie in kint F.l-
ward's time bragged so much of his old master
of famous memory king Henry the eighth, lu
the intent that the glorious vanity of thiri
bihhop, and of all other like unto him, may ap-
pear more notoriously to all men, here is to be
noted by the testification as well of ma»»ler
Denny, as also of fcir Henry Nevil, who were
567] STATE TRIAIJ5, 5 Edw. VI. i55\.--rroceedingitag(un»t Bishop Gardiner, [56*
it be persuaded the understanding of God's
law to be at large in women and children,
whereby they may have the rule of that, and
then God*s law must be the rule of all, is not
hereby the rule of all brought into their hands?
These of some will be called witty reasons, but
they be indeed'trutli*a children, and so is all the
eloquence, which some (to dispraise me) say I
have, whatsoever they say of uie. For truth is
of itself, in a rieht meaning man's mouth, more
eloquent thau torged matters can with study
bring forth. What rhymes be set forth to de-
prave the Lent, and how fond (saving your
grace's honour) and foolish ? and yet the peo-
ple pay money for tliem, and they can ser>'e
for nothing, but to leani the people to rail, and
to cause such as used to make provision for
fish against Lent, fearing now in Lent to be so
sick as the time purporteth and like to die in-
deed, to forbear to make tlieir iiccu^tomed pro-
vision for the next year. And thereto shall it
come if the commriii diet be not certain. For
the fishmonger will never hupe to have good
sale, when the butcher may with flesh outface
him. And fibh is that great treasure of this
realm and food inestimable. And these good
words I give, although I love it not myself: for
such as love not fish should nevertheless com-
mend it to others, tu tlie intent the llesh by
tliem forborn tnight be to such as love it, only
the more plenty. The public defamation and
there present witnesses of the mutter, whose
record was this, that king Henry before tlie
time of his sickness, taking his horse upon the
terrace at Windsor to ride out on liawkmg, saw
•tunding before him the lord Wriothsley lord
chancellor, with divers otlier counsellors, and
amongst thorn the bishop of Winchester.
Whereupon he called the lord chancellor, and
said. Did not I command you he should come
no more amongst you P (meaning the bishop)
Whereunto the lord chancellor answered. That
his coming was to bring his majesty word of a
benevolence given unto him by the clergy,
Wliereac the king s;iid, Ah ! let him come hither,
and so he did his message, and the king went
straight away. — Item, another time the king
immediately atlcr his repair to Tendon fell
sick, and caused divers times his wh<>le council
to come unto him about his will, and other his
grave utfairs. At what, time the bi»lK>p also
wotild cooie up with them into the utter privy
chamber, and there remain until the council
came from the king, and then go down with
them again, to the end, as tiien was tiiought, to
blind tlic world withal. — I'urthcrmorr, us the
king {:rew more in sickness, he considering upon
his will and testament made before, at his goinis
over to Builein, willed the same to be drawn
out again with leavint: out and excluding the
bishop of Winchester by name from amongst
his executors. Which being to liiiu no small
corsey, and a cutting otT of all their purposes, a
way %vas found, that sir Anthony Drown, a prin-
cipal pillar of Winchester's side, pretending
unco toe king, m though by tlie nei^enoe of
trifling with Lent is a marvellous matter to
tliem that would say evil of this realm ; for
there is nothing more commended unto at
Christian men in both the ciiurches of the
Greeks and Latins, than Leut is, if all oiea
be not liars. In tlic king our late sovereign
lord's days this matter was not thus spoken of.
And I think our enemies would wish we luul
no Lent. Every country hath Iiis peculiar iu-
clinution to naughtiness; England and Ger-
many unto the belly, th«M><.e in liquor, the other
in meat ; France a little beneath the belly ;
Italy to vanities and pleasures devised; and let
an English belly liave a lurther advancement,
and nothing can stay it. When I was purveyor
for tlie seas, i\ hat an exclamation was there
(as your grace siie^'ed me) of the bishop's fast-
ing day, as they called Wednesday, and Win-
chester, Winchester, grand mercy for your
wine, I beshrew your heart for your water ?
Was not that song, altlumgh it was iu sport, a
signification how loth men l>c to have their li-
cence restrained? or their accustomed fare
abated ? unless it were in extreme necessity.
I hear say that the Lent is thus spoken of by
.loseph and Tongue, witli other new (whom 1
know npt) as being one of Christ's miracles,
which God ordained not man to imitate and
follow, at which teaching all the world will
\i\uj}u For Christian men liave Christ for an
example in all things, both to use the world as
the writer the bishop's name had l»een left out
of the king'') will, kneeled down to the king's
majesty lying in hi> bed, and said, My lord of
Winchester I think by negligence is lefl out of
your majesty's will, who hath done your high-
ness most painful, long and notable service,
and one without whom the rest shall not bo
able to overcome your gteat and weighty al^
fairs committe<l unto them. — Hold your peace,
quoth tlie king, I remembered nim well enough,
and of good purpose have lei't Imn out. For
surely if he were in my testament, and one of
you, he would cumber you all, and you should
never rule him, he is of so troublesome a na-
ture. Marry, quoth tbe king, I myself could
\iie him, and rule him to all manner of pur-
poses, as seemed good unto me, but so shall
you never do, and therefore talk no more of
him to me in this behalf. Sir Anthony Brown,
perceiving the king somewhat stiff herein, gave
place to the king's words at that time. How-
hi it, seeking further occasion upon more per-
suasions put into his head, he took in hand
once again to move the king to have the bishop
one of h:s executors. When the king perceived
thai this instant suit would not cease ; Have
\tiu not yet done, quoth the king, to molest me
in this matter? If you will not yet cease to
tn>uble me, by the faith I owe unto God, I will
surely dispatch thee out of my will also, and
therefore let us hear no more of this matter.
All this sir Anthony Denny was heard to re-
port to the archbishop of Canterbury Thomif
Cranmer, of the said archbishop's secretary, wfa9
is yet alive, aod witneis unto the same."
J09] , ^ATETRl\l£, 5 EDVf.VL 1551 .^oroppowig the Rrfinvuition. [570
be did only for Decessity, and to contemn the
worid as ha did, and in c:ise to refuse it, and
chuse the vile death, as lie did the death of the
cross, which things he did like a niiister most
perftlcty for he was very God, and vr e must en-
deavour ourselves in the use uf his gifts to fol-
low ttuu he did, not to fast forty days without
meat as Clinst did, tor we be but apprentices,
and carry aliout a ruinous carcase, that must
have some daily reparation with food : but vet
was there never any that said, how therefore
we should do nothing, because we cannot do
all, and take Christ's fast for a miracle only.
And yet all that follow Christ truly, they work
daily miracles, in subduing and conforming by
God's grace their sensual appetites, and humbly
obeying to the will of God, which no man can
of himself do. And Christ promised that his
true servants should work the works that he
did, and greater works also. Wherefore it is a
slender matter to say. Lent was one of Chrbt's
airades, for so was it to love his enemies, and
ipecially those that scourged and bobbed him ;
which may not be, if that a legation hath place,
tsught Christian men to follow, because it was
s miracle, as they might say : it were more to-
lerable to forget Lent, as Poisge telleth, of a
priest in' the mountains, tliat knew not how the
year went about, and when the weather open-
ed, and be went ubiuad, and perceived his
neighbours were towards Palm Sunday, he de-
visnl an excuse to his parish, and bud them
prepare therefore, for indeed the year had some-
whst slipped him, but he would fashion the
mstter so, as they stiouhl be as soon at Easter
» the rest : and thus did he pass over Lent
with much less slander, than to teach it for a
doctrine, that Lent was one of Christ's miracles,
and therefore not to be imitated of us. For
although it was indeed a great miracle, as all
Christ's doings were, yet was it not a greater
airade, nor more aeainst man's nature, than
to love them thar laboured and were busy to
take away the natural life of his m;inhood. For
as the nature of man desiretli relief, so doth it
abhor destructi' »n or hurt. In will and desire
neo follow Christ in all things ; in execution
they cannot ; for we have brittle vessels, and
Gud giveth his gifts to men as lie seeth expedi-
ent for his cFiurch ; so as men cannot lieal the
lame whMi they will, as Christ did when he
would, but as God shall think profitable for
the edification of the flock assembled. — Gre-
gory Nazianzene speaketh of some that enter-
pfiwd to imitate Christ's fast ahoi-e their
power, who^e imnnoderate zeal he dot'.i not dis-
aUow, not requiring of :dl men so to do, for
that is an extremity, ne yet assoyling the mat-
ter as our new schoolmen do, that Christian
neo thoold let Christ's fast alone as a miracle :
which manner of solution I. heard a good fellow
Make, when it wns told him he might not re-
venge bnmelf, and when he was stroken on the
«ic ear, he should pot forth the other ; I am,
^■aih he, a man. I am not God, if Christ be-
iag God did 90, he mighty qnoth he, if it had
ffimd hn^ hafe mat otherwise. And so
when it hath been alledged that Christ fasted
forty days, he might, quoth he, have eaten if he
had list ; these triflings in sport mieht be drawn
to grave speech, if Christian men shall refuse to
fbliow Christ in miracles. For all his life was
miracles, and his love that is our badge most
miraculous of all, to die for his enemies, i be*
seech your grace to panlon me, for I am tike one
of the common house, that when I am in my tale|
think I should have liberty to make an end, and
specially writing to your grace with whom I ao<
count I may be bold, assuring you it proeeedeth
of a zeal towards you to whom I wish well^
whose intent ahhough it be such as it ought to be,
and as it pleased vou to shew me it was^ yet are
such things spread abroad whereof the evil wil<*
lers of the realm will take courage, and make
account (although it be wrong) that all goeth on
wlieels. If any man had either fondly or indis-
creetly spoken of Lent to engrieve it to be an
importable burthen, I would wish his reforma-
tion ; for I have not learned that all men are
bound to keep the Lent in the form received,
but this I reckon, that no Christian man may
contemn the form received, beinj; such a devout
and profitable imitation of Christ to celebrate
his fast, and in that time such as have been in
the rest of the year worldly to prepare them-
selves to come, as they should come, fo the
feast of Easter, whereof St. Cbr^sostom speak-
eth expressly. And for avoidmg contempt, n
licence truly obtained of the superior serveth.
And so I heard the king's niiyesty our sovereign
lord declare when your grace was present. And
therefore he himself was very scrupulous in
granting of licences ; and to declare that him-
self contemned not the fast, he was at chai]|;e
to have (as your ^race knoweth) the Lent diet
daily prepared, as if it bad been for himself, and
the like hereof I hear say your grace hath or-
dered for the king's miuesty that now is, which
agreeth not with certain preaching in this mat*
ter, nor the rhimes set abroad. Lent is among
Christian men a godly fast to exercise men U>
forbear, and in England both godly and politic,
such as without confusion we cannot forbear, as
the experience shall shew, if it he ever attempt-
ed, which God forbid. And vet Lent is huncd
in rhime, and Stephen StockHsli bequeathed,
not to me, though my name he noted, where-
with for mine own part I C4mnot be angry, for
that is mitigated by their fondness. But! would
desire oi' God to have tlie strength of this realm
increased with report of cincord, which doth
quench many vain devices and imaginations.— •
And if all men ))e liars, as it is now to my un-
derstanding strangely published, methink Bale
and such new men, as be new liars, should be
most abhorred and detested, and so much the
more dangerous as they be new. That which
in Italy and France is a matter of combat, is
now found to be impropriate to all men. God
grant the truth to be desired of all men truly.
But as one asked, when he saw an old philoso-
pher dispute with another, what tliey talked on ;
and it was answered how the old man was dis-
cussing what was virtue ; it was replied^ if the
571] STATE TRIALS, 5 Edw. VI. l55\.—PiV(xeding8 agakut Bishop Gtardii^, [57f
old iimi) yet dispute of virtue, when will he use
it : So it may be said in our religion ; If we be
yet searching fur ii, when shall we begin to put
It ilk execution : I would make an end of my
letters, and cannot, wherein I account myself
faulty. And though I may err, as every man
may, yet 1 lie not, for 1 say as L tlunk, forso-
much as I have said and fun her think your
puce hath no trouhk* troublesome, but this mat>
ter of^ religion unseasonably brought into the
defamation of our late 6o\ereign l<»iti'8 acts, do-
ings, and laws. 1 beseech your grace take my
meaning and words in good part, and pardon
my boldness, which growetliof the famiharity I
have heretofore had with your grace, which I
cannot forget. And thus enforcing myself to
an end, I shall pray to Almighty God to pre-
•er\'e your grace in much felicity, with increase
of honour, and achieving of your heart's desire.
At Winchester, the one and twentieth of May.
Your grace's bumble beadman, S. W.
I%e Letter of the Lord Protector, answering
to Winchester.
Your letters dated the one and twentieth day
of May, as concerning two books new set forth
by one Bale, and certain Sermons preached
here, were with convenient speed delivered un-
to us. And like as in your letters to Edward
Vaughan of Portsmouth, so in those to us we
perceive that you have a vigilant and diligent
eye, and very fearfiil of innovation : which as
it cannot be blamed, proceeding of one which
is desirous of quiet, good order and continuance
of the godly state of this realm, so we do mar-
vel that so soon, so far off, and so plainly, you
can bear tell and say of so many things done
here, which indeed we being here and attend-
mnt upon the same cannot yet be advertised o^.
The world never was so quiet, or so united, hut
that privily or openly those three which you
write of, printers, players and preachers, would
set forth somewhat of their own heads, which
the magistrates were unawares of. And they
which already be banished and have forsaken
the realm, as suffering the last punishment, be
boldest to set Ibrth their mind ; and dare use
their extreme licence or liberty of speaking,*as
out of the hands or rule of correction, either
because they be gone, or because they be hid.
There have foolish and naughty rhimes and
books been made and set forth, of the which as
it appean th you have seen more than We, and
yet to our knowledge too many be bought; but
yet after our mind it is too sore and too cruelly
done to lay all those to our chaige, and to ask
as it were account of us of them all. In the
most exact cruelty and tyraimy of the bishop of
Rome, yet Pasquili, as we hear say, writeth his
mind, and many times against tbe bishop*s ty-
ranny, and sometime toucheth other great
princes, which thing for the most part he doth
safely, not that the bishop alloweth Pasquii*s
rbimcs and verses, specially against liimself, but
because be cannot punish the author, whom ei-
ther he knoweth not or hath not. In tbe late
king's daji of ftmom mcmoryi who «■• both a
1
learned, wise and politic prince, and a diligent
executer of his laws ; and when your lordbhip
was roost diligent in the same, yet as your lor<t>
ship itself wnteth, and it is too manifest to be
unknown, there were that wrote such lewd
rhimes and plays as you speak of, and some
agaiost the king's proceedings, who were yet
unpunished, because they were unknown or uih-
gotten. And when we do weigh the matter,
we do very much marvel, why that, about Jack
of Lent's lewd ballad, and certain, as it was re-
ported unto us, godly sermons, (which be evil
m your letters Joined together) you be so ear-
nest, when against doctor Smith's book, being a
roan learned in the doctors and script ure, which
made so plain against the king's highness autho-
rity, and for the furtherance of the bishop of
Rome's usurped power, your lordship neitlier
wrote nor said any thing. And as it appeared
you be so angry with ms rc*tractation (which
firankly without fear, dread, compulsion or im-
prisonment, only with learning and truth over-
comed, he came unto) that you cannot abide
his beginning, although having the very words
of scripture. Except perad venture you think
that the saying of David, Omnis homo mendas,
cannot be interpreted, every man is a liar,
which howsoever your lordship taketh it at plea-
sure, it appeared unto us then of him taken
but godly, to declare the infirmity of a man, and
the truth of God and his word. And we arc
not able to reason so clerkly with you, and yet
we have heard of tbe subtle difference of lying
and telling of a lie, or as it is in latin called,
mentiri and tnendacium dicere : but if your lord-
ship be loth to be counted mend^x, which belike
be hath interpreted a liar, or a lying man, and
think it a matter of combat, be was deceived
in the interpretation, and it is a matter for clerks
to dispute of; we would have wished your lord-
ship to have written a^inst his book before, or
now with it, if you think that to be defended
which the author lum<»elf refuseth to aver : your
lordship writeth earnestly for Lent, which we go
not about to put away, no more than wlien
doctor Smith wrote so earnestly that every man
should be obedient to the bishops. The majgis^-
trates by and by went not about to bring kings
and pnnces and other under their subjection.
Writers write their fantasy, my lord, and
preachers preach what either liketh tliem, or
what God patteth in tlieir lieads. It is not by
and by done that is spoken. Tlie people binr-
eth those foolish ballads of Jack a Lent, do
bought they in times past pardom^ and carols,
and Robin Hood*s Tales. All be not wise men,
and the foolisher a tiling is, to s«>iue (although
not to the mure part) it is the more pleasant
and meet, and perad venture of the oeruioiis
there is, and indeed there is (if it be true that
we have heard) otherwise spoken and reported
to you, than it was of the preachers there and
then spoken or meant. Lent remaioeth still, my
h>rd, and shall, God wilUng, till the king's high-
ness, with cor advice and the residue of hit
(Face's coonsel, take another order, fhK"i^
ligM tod lewd mco do hury it in writiogi
373] STATE TRIALS, 5 Edw. VI. 1551.— for cpponng the Refomaiion. [514,
tvtn as the king's maicsty remaincth head of
the church, although through sinister ways and
by subtil means bome traitors have gone abuut
and daily do, to abuse the king's majesty *s su-
premacy, and bring in the bishop of Rome's
tyranny, with other superstition and idolatry.
On both sides great heed is to be taken, and
as your lordship writeth, we are set in a pain-
ful room to reform all lightness, and lewdness,
Co the which we do endeavour ourself to the
best of our power, although not so cruelly and
fiercely y some peradrenture would wish, yet
not to loosely that there necdeth such exclamar
bon or great fear to be. We do study to do
all things attemperateiy, and with quiet and
good order. And we would wish nothing more
then yoar lordship to be as ready to the re-
fematioD of the one as of the other, that nei-
ther superstition, idolatry, or papacy, should be
brought in, nor lightness, nor contempt of good
order to be maintained. They both take be-
ginaing at small things, and increase by little
and little at unawares. And quiet may as
well be broken with jealousy as negligence,
with too much fear or too much patience. No
ways worse than when one is over light eared
the one way, and deaf on the other side. Ru-
mours by space of time increase naturally, and
bj that time they come at you, as it appeareth,
they be doubled and trebled. We do perceive
foor diligent eye towards us, and we will wish
(and trust you have) your heart faithful to us :
our most hearty and continual prayer to God
is, to leave this realm to the king's highness,
it bis grace^s age by you written, rather more
ftwrishingin men, possessions, wealth, learning,
wisdom, and Gods religion and doctrine, if it
were possible and God's will, than we found it.
And that is our whole intent and e^pe^ance, to
the which we refuse no man's help, as knowctli
God, in whom we bid }-ou heartily farewell.
Another Liiter of Winchester to the Lord Pro-
tector.
ApTEa mv most humble commendations to
joar good grace : upon the return of my ser-
vant Massy with your grace's letters answering
(o such my letters wherein 1 signified the nibhing
of my secretary, I read the same glndly, as by
the contents of the matter 1 had cause so to
do, which was such a comfortative a& I digested
easily the rest of the great packet, having been
accustomed thereunto in the kingV niy late
HKereign lord*s days, which fastiion of writing
hit higlmess (God pardon hi< soul; called whet-
ting, which wms not at the most pleasant
unto me at all times, yet when I saw in my do-
ings was no hurt, and sometime by the occa-
sion thereof the matter amended, I was not so
coy as alwars to reverse my nrgunienr, nor, so
Chat his affairs went well, did I e^'cr trrtuhlc
laytelf, whether be made mL^ a wanton or nut.
And when such as were privy to his letten»
directed unto me, were afraid' 1 had hccri in
biph diBplewure (for the terms of tlie icttrrs
•sanded ao) yet I myself fe:u-cd it notinii? at
^ 1 crttcmed fainiy u he was u wiac pimce ;
and whatsoever he wrote or said for the pro-
sent, lie would after consider the mutter as
wisely as any man, and neither hurt nor in-
wardly disfavour him tliat had been bold with
liim. Whereof I sen'c for a proof, for no man
could do me hurt during his life. And when
he eave me the bishopric of Winchester, he
said he had often squared with me, but he
loved me never the worse ; and for a token
thereof gave roe tlie bishopric. And once when
he had been vehement with me, in the presence
of the earl of Wiltshire, and saw me dismaytni
with it, he took me apart into his bed-chamber,
and comforted me, and said, that liis displeasure
was not so much to me as I did take it, but be
misliked the matter, and he durst more boldly
direct his speech to me, than to the earl of
Wiltshire, and from that day forward he could
not put me out of courage, but if any displea-
sant words passed from him, as they did some-
time, I folded them up in the matter ; which
liindered mc a little : for I was reported unto
him that I stooped not and was stubborn, and
he had commended unto me certain men's gen-
tle nature (as he called it) that wept at every
of his words, and me thought that my nature
was as gentle as theirs, for I was sorry when he
was moved ; but else I know when the dis-
pleasure was not justly grounded in me, I
nad no cause to take thought, nor was I ac
any time in all my life iniscoutent or grudging
at any tiling done by him, I tliank God tor it.
— And therefore being thus brouglit up, and
liaviog first read your grace's most gentle let-
ters, signifying the device of a procluiuation to
stay these rui/iours, and reading the same pro-
clamation, which my servant brought with him ;
I read with the more quiet your grace's great
letters, and would have laid them up without
furtlier answer, were it not that percase my so
doing might be mistaken. For glum silence
may have another construction than frank
speech, where a man may speak, as I reckon I
may with your grace, upon confidence whereof
I am bold to write thus much for mv declura-
tion touchini; your grnce'b letters of the 27th
of May, that how earnest soever my lettrrs I.e
taken in fearing any innovation, I neither in-
wardly fe;ir ir, neither shew nny rlemonsiration
in mine outward deeds to the world here, or in
comninnication, that I do fear it to lie done hy
authority, but m myself resist the rumors and
vain enterprises, with confidence in the truth
and your grace's wisif^in; for if I feared it in-
deed, with persuasion it should come to pas^, I
should have small lu«>t to write in it ; but I fe:tr
more indeed the trouble that might ari^e by
light boldness of other, and tlie cumber of
sucii matters whWt other outward affairs oc-
cupy your grace'* inimi, iluui the effeii by ^our
direction thut hath been tidked of abrrisd - am '
yet in the ivriting 1 do speak as the nr.'.t'* *
leads, roiittiiuing mine old oianrier Vj ti f lie-
nor, wjijcli, as trftme luen bate d.spri:>rc: it-
sfjme have commended it ; a&i.d tljirr«f •?« ji :
good honest matter i tolk^w rai^ei ii. •• 'ii«i i>-
cli nation, than to take iut ^tjia v^ iv^Lbi n *•••■
575] STATE TRIAI^, 5Edw.VI. 1551.— Proaedmgi agotnst Biikop Gardiner, [57 C
ter would not melt in my mouth : wherewith I
perceive your urace is not miscontent, for the
which I mobl humbly thank you. And Arst a»
concerning Portsmouth, 1 wrote to tlie captain
And mayor in the thing, as I had information, and
by men of credence. And yet I suspended my
credit till 1 had heard from ihence, as by my let-
ters appearetli : and as I was loth to have it bo,
9o was 1 loth to believe it. And to shew that \
feared no innovation by authority, nor regarded
auy such danger, I went tliither myself, and in
conclusion was in such familiarity with the cap-
tain, that after he had sliewed me all the genue
entertainment that he could, he desired me to
make an exhortation to his men as they stood
handsomely with tlieir weapons, wherewith tliey
had shewed warlike feuts ; which I did, and
departed in amity with the captain and soldiers
and all tlie town ; the captain telling; me plain*
ly, he was nothing ofiended with any thing I had
said in my sermon, nor was there cuuse why lie
should. But the very act indeed in defacing
ihe images, had no such ground as master cap-
tain pretended ; for I asked specially for such
as had abused those images, and no such could
be shewed, for that I enquired for openly. And
tlic image of Saint John the Evangelist stand-
ing in the chancel by the high altar was pulled
down, and a table of alabaster broken : and in
it an image of Christ crucified so contemptu-
ously handled, as was in my heart terrible, to
haic the one eye bored out, and the side
pierced ; wherewith men were wonderously
ofllcuded, for it is a very persecution beyond
the sea, used in that form where the person
cannot be appreliended. And I take such an
act to be very slanderous, and esteeming the
opinion of breaking images, as unlawful to be
bad, very dimgerous, void of all learning and
truth, wrote alter my fashion to the captain,
which letters I perceive to have come to your
grace's hands. I was not very curious in the
writing of them, for with me truth |!oeth out
plainly and roundly, and speaking of tlie king'.s
2ieal, I uttered the common language I wa-s
brought up in, after the old sort. When, ns I
conject of a good will, the people taking 8uint
George for a patron of the realm under God,
and having some confidence of succour by
Gud*s strength derived by him, to increase
the estimation of their prince and soveiei^n
lord, I called their king on liorseback in tlir
■eat of arms, Saint George on horseback ; my
knowledge was not ronupt, I knew it repre-
•entetli tlie king, and yet my speech came forth
afler the common language, wherein I trust is
none ofit'iice. For besides learning, I by ex-
perience have known the pre-eminence of a
Ling both in war and peace, and yet if I had
wist my letter should have come to your grace's
hands to be answered, then I would have been
more precise in my speech, than to give occa-
sion of so long an argument therein. As for
Saint George himself, I have tuch opinion of
bim OS becometh me. And have read oiio of
fiellerophon in Homer, as tbej call hm, tht
fiitber of tftlOy but I wiU lam ihftaMi
And 08 for books, let Latin and Greek continue
as long as it shall please God, I am almost past
the use of them, what service those letters liove
done experience hath shewed, and religion liath
continued in them fifteen hundred years ; but
as for the Enghsh tongue itself hath not con-
tinued in one form of understanding two hun-
dred years, and without God's work and special
miracle it shall hardly continue religion long,
when it cannot last itself; and whatsoever your
grace's mind is now in the matter, I know well,
t licit having the government of the realm, youi
grace will use the gift of policy, which is ^he
gift of God.*- And even as now at this time
bishops be restrained hy a special policy to
preach only in their Cathedral Churches, (the
like whereof hath not been known in my time,)
so upon another occasion your grace may per-
case tliink expedient to restrain (further than
the parliament hath already doue) the common
reading of the Scripture, as is now restrained
the biJiops liberty of preach ii>g. As for the
brazen serpent, it did not in all men's language
represent Christ, and if I Imd written to ano-
ther thiin your grace, I might have had the hke
matter of Hr^iUinent tliat was taken avaiii»t me
of Saint George on horseback. For G/egory
Nazianzene, chief fiivinc in the Greek Ctiurcb,
callcth the serpent's de-ith the tigure of the
death of Christ, but not the se^'pent to be the
figure ofChris^; and yet when 1 had done- all
uiy argument, I would resolve as is re^ilved
with me in the speech of Saint C^eorge on
horseback, that the common speech is other-
wi;<e, and so it is in saying t}ie serpent to be a
true figure of Clirist, and yet (iret^orv Nazian-
zen caUcd the serpent itself KrrUruwtf o*' Christ in
these words, oS, &c. in his sermon Ur i*u\chate :
and yet in Almechorus FJomini, we lead Aries,
Leo, Vermis, spoken of Christ, and some ex-
pound the Scriptuie iiriit 3/rvtec, &c. afrer tiiat
sort. And as your grace said when I was last
at your house with the French ambasssidor, )*e
wished him and me togetlier disputing, to see
IV lien we would make an end, even so it is in
thest^ matters, when they come in an argument,
for a hy thing (as Saint Gcjruc on liorseback)
when it e?tcapclh me, or Nneaking of the brazen
serpent following a speech not thorougiily dis-
cussed, sh'iiU Ik; ochmioii of a digre«>sion all out
of purpose. And therefore was it a great gift
of Gorl, that our late sovereign lord (God rest
his soul) set these matters in quiet : who had
heard all these reasons touching images which
be now rehearsed in your grace's letters, and
ha\iii^ once my lord of Canterbury and. me
pteseiit with him alone in his palace, tlmt fbey
call otherwise New Hall, handled that matter at
length, and discussed with my lord of Canter-
bury the understanding of God's commami-
ment to the Jews, so as tdl the clerks in Christ
tendom could not amend it. And where as
one had denied the image of the Trinity to be
hod, by reaaoni at he touched in your graot^
lettcrii I heard his highnen oniwer to tbem fli
Andwhen bebod UiBMlfip**
lo
577] STATE TRIALS, 5 Edw. VI. 165] .-^for opposing the Rtformation. [57S
Tet (us TOur grace knowetli) be both ordered,
und himself put in execiiiion the kiieoliii^ ami
creeping beiore cbe image ot' tlie cross, and es-
tablisbed agreement in tiiat triitb rbri)n<;b :iU
this realm, whereby nil ar^uniont^ to f lie con-
trary be assoiled at once. I would wish imau;es
used as the book of his hi^lmess set l\)tj.\i doth
prebcribc, and no otherwise. I know your
grace only tempteth nie with surh reasons us
other make uuto you, and I am nut tullv nL li-
bekty, although I am bold enough (nnJ some
will think too bold) to answer ^oiue things as I
would to another man mine equal, Jitiiig so
much inferior to your grace as 1 am : but me
tbinkerh i^aint Paul's solution during the kinif's
maje'>ty*s minority should serve instead of all,
JSos tuUin consuetudiiiero non hub; mus, we have
no such customs in the Cimrcli. — ^^Vhen our
sovereign lord comcth to his perfect ago (whicii
God gruQc) I doubt not but God will reveal
that which shall be necessary for the govei nini;
of his people in religion. And if any thir.g
shall be done in the mean time (as I thiiik tiicre
shall not) by your grace's direction, he may
when he coineth to age say'iiit!iu rest, as J
bear say, he saiii now of late concerning pro-
cessmn, that hi his fathers time men were
wont to follow procession: upon which the
king's majesty's saying, the pr«ices«*ion (as I
heard) was well furnished afier-Anrds by your
grace's conunandment ; w'lich speech hath put
me iu remembrance, that if tht bishops and
other of the clergy should airoe to any altera-
tion in religion to the condemnation of any
tiling set forth by his father, whereby his father
might be noted to have wanted knowledge or
favour to the truth, what be would sav I cannot
tell, but he might use a marvellous speech, and
for t!ic excellency of his >pirit, it were ii^e he
would, and havini; so just a cause against bi-
shops :is he might have, it were to be i'eared he
would. And when he had spoken, then he
m^ht by his laws do more than any o£ our
turt would ii>;ladly suffer at these d-.iys; for as
tlie allegation of his authority represented by
jour grace shall be then answerc<i (as your
grace now writeth unto me) that your grace
only desircth truth according to God's Scrip-
ture, and it may be then s:iid; we bishojis,
when we have our sovereign lord and head in
minority, we fashion the matter as we lust, and
then some young man chat would have a piece
of the bishop^s lands shall sny, the beastly bi-
shops have always done so, aiul when they can
no longer maintjiin one of their pleasures of
falo and superiority, then they take another
way and let that go, and for the time they be
here spend up that they liave, which eat you
and drink you what ye list and we together,
with Ednmiis if hibmnns, eras morinuur. And
if we shall alledgc for our defence the strength
of God's truth, and the plainness of Scripture,
with the word of ihc Jyjrd, and many gay
terms, and say we were convinced by Scrip-
tures, such an excellent judgment, as the king's
majesty is like to have, will never credit: us in
it, nor be abused by kUch ;• vain answer. And
VOL. I.
this is a worldly politic consideration, and at
home: for the noise abroad in the world will
be more slanderous thau this is dangerous.
And touching the bishop of Uoine, the doings
in this realm hitherto hath i^ever done him so
much displeasure, as an alteration m rc-hgion,
during the king's majesty's minority, should
serve for his purpose ; for he wanteth not wils
to heat into other princes cars, that where his
auihority is abolished, there at every change of
govern^i-s shall be change in religion, luid that ^
which li:i3 been amongst us by a whole consent
established, shall by the pretence of another
understanding in Script U!X* straight be brought
in qnesti'jn ; for they wiil gi\e it no other name
but a pretence, how stillly !W»evor we will af-
firm otherwise, and call it God's word. And
hero it «houId be much noted that my lord of
Canterbury, hcint; the high bishop of the realm
highly in favour with his late sovereign lord, and
mv lord of I)uresi:;eaman of rcnowntd fame in
learni::g and gra\ity, both put by liim in trust
for their counsel in the order of the icalin,
should s<j soon forget their old knowledge in
Scripture set forth hy the king's majesty's l>ook,
and advise to invey such matter of alteration.
All which things be (f know wdl) by your
grace and them considered. And therefore it
is to me inciedihle that ever any such thing
siiould be indeed with effect, whatso(?ver the
li(:;htnes8 of talk shall spread abroad which your
grace hath by proclamation well stayed. iJnt
if you had not, and the world talked so fast as
ever they did, I assure your grace I would
n(;ver fear it, as men fear things they like not,
ui.Ie^s 1 saw it hi execution; for of this sort I
am tint in idl tbitigs 1 think should not be
done in reason, 1 fear them not, whcrevv;ih to
(rouble me oiiiorwisc than to take heed if I
can, and to the head governors (as now- to your
grace) shew my mind, and such experience
hath every man of me that hath communed
with me in any such matters. And therefore
albeit your grace writeth wisely, that overmuch
fear doth hurt, and accoler;)teth sometime th:;t
\\ hirli v/as not intenrk-il, yet il need* not to n«e,
for 1 havi? learned that lesson already, and
would a great many more had, wiiich md.'ed
should be a great stay. And th i& I talk with
your grace homely, with n.uluplicalion of
speech impertinent and not necessary, as
though I meant to send you as great a packet:
as I receivcfl from yon, — One thing necessary
to answer your grace in,.!**, touching your
marvell ; how I know sooner things iVoni
thence, than your grace doth there, whicii
ariscth not upon any desire of knowledge on
my behalf, for evil things be overso(m known,
nor upon any slackness of your grace's behalf
there, who is and is noted very vitrilant, as your
I graCL'*s charge. re<juirelij. fJut thus it is, even
as it was when I was in some little auihoriry,
thrv tliat were the evil do(.rs in such m:ittcj«*v
would hiilc lire 11 from me. vSo now t!if y b.ivo
handled it. otherwi-y; lor us f;>r Jack ot J.out's
I'.njish 're>-tament, it w as oj.^«rnIy sold in Win-
! ehester Market, btforti V w i*j\.vi \M\\vi -^vnwc ^'^s;,^
; 2 V
579] STATE TRIALS, 5 Edw. VI. ]55l.— Proceedings against Bishop Gardiner, [580
of it. And ab l^r Buk'*« hook, called the clu- of. I have told your grace how I came to
cidaiioiiof Anne Askcw's luariyniom, they were knowledge of them, very scarcely in tinier but
in tliese parts common, some with leaves un-
glewed, wliere master Pa«;et was spoken of,
and some with leavtsglewed. And 1 call them
commun, because I saw at the least four of
lljem. As for Dale's book, touching the death
of Luther, wherein was the duke of Saxony's
prayer, wiicreof 1 wrote, it was brought down
int«> tins country by an honest gentleman, to
whom it wii-^, as I lemeuiLer he told me, given
at J.ondon for news, and he had it a great while
in the thing over quickly, and never had any
iuch thought in my life, as I denied to your
grace, to be worthily ciiarged with them, by
them I mean that may hereafter charge ; fur £
know no such yet in this world^ and I never
was in mine opinion so mad^ as to write to
your grace in that sort. When all tilings be
w ell, 1 have many causes to rejoice ; but where
tilings were otherwise, as I trust they shall not,
I have nothing to do to ask any account, I trust
ere I w rore to your grace. I had not then re- • I ^hall never forget myself so much. 1 thank
ceivc'd ti;e inhibition for preaching, u hereof (lod, I nm even as well learned to live in the
men spake otherwise than they knew. And in ' place of obedience, as I was in the pKice of di-
ihe mean liuje doctor Smith recanted, which a 1 rection in our late sovereign Iord*s life. And
priest of iljji> town (who to mine own mourh i for my quietness in this estate I account my-
boasted himself to be your grace's chaplain, self to hare a great treasure of your grace's
but I believed it not) brought down with speed, ' rule and authority, and therefore will worship
and mndf by n)e;ms to hive it bron*j:ht to my | and honour it otherwise than to use such man-
• • • I
kno\^ltiige, ivhich I knew beiide*, for they had | nerof presumption to ask any accounts And
by and by lUlod all the country hereabouts, of I know your grace cannot stay these matters so
talc> of i:ie. And when I saw doctor Smith's I suddenly, and I esteem it a great matter, that
ncuntalloii VjcLin with, Ov/i/i/i //(w«o /wcn^ai", 'things be si au Id hitherto thus; butif thmgshud
so Kngli.^ljed, and such a new humility, ns he incrc^iscd as the rumours purported, your grace
would make ail lli'j doctors of the church liars
with himself, knowing \^hat opinions were
might have been incumbered more in the exe-
cution of your good determination. Now,
abroad, it enforced me to write unto your i thanks be to God, your grace goeth well about
graco lor tl c ease of my conscience ; giving • to stay it. As for myself, 1 know mine inward
th!- judi'iiient of Smith, That I neither liked i determination to do, as I may, my duty to God
lu.-* tnu: iiion of nsiwritten verities, nor yet his j and the world, and have no cause to complain
rtitracl ition, and was glad of my former jtulg- • of the universal disposition of them in my dio-
meni, that 1 never had familiariiy with him. 1 cese. 1 know but one way of quiet, to keep
saw him not, that I wote, these three years, ne and follow such laws and orders in religion as
talked with him these seven years, as curiou? our late sovereign lord left with us; which, by
as I am noted in the connnonwealth. And his life, as the bishops and clergy said was the
whereas in his unwritten \erilies he was so mad
to say, bishops in this realm may make laws,
I ha\e witness, that I said at tliat word, we
should be then daws, and waS by and by sorry
that ever he had written of the sacrament of
the altiir, which v. as not, as it was noised, un-
touched with tijal word, All men be liars,
which is a marvellous word, as it sonntleih in
very truth, so I never read yet or heard any
thing why to Jswerve from it, ne think it expe-
dient to c:dl any one thing in doubt, during
the king's majesty's njinority, whereby to im-
pair the strength of the accord established.
Which 1 write not mistrusting your grace in
the contrary, but declaring myself, and wishing
the same mind to other about you, as I trust
our tongue, when we say a man were better to ! they have, for which 1 shall pray to God, who
have a thief in his house than a liar. And the ■ prospered our late sovereign lord in that rebel-
depraving of man's nature in that sort is not
the setting out of the authority of the scripture.
For albeit the authority of ihesL'ripture<leprnd-
Cth iiot upon man, yet the ministration of the
letter, which is writing and speuking, is f-xercis-
ed, and hath been from the beginning delivered
through man's hand, and taught bv man's
linn, as we ha\esccn expeiience, and by your
grace's foresight and politic government shall
send the like prosperity to our sovereign lord
that now i» ; wheicin 1 shall do my part, as a
subject mojt bounilen many ways thereunto.
I seud unto yt)ur grace lerewiih my discussion
of my lord of Saint David's purgation, wherein
mouth ; whi^h men tl:e scripture calleih holy j I unlk ^omcwha.t nioie at iilerty than writing
men, and that is contrary to liars. And there-
fiirc St. AujU'-tine in his book de Mendacw,
saying, (),nni$ fionu ;mw//rt.r, si*:nirieih, Oiiiuis
homo pcrciuis. If Smith hatl oidy written of
bishop's laws, and then siiidhe had, saving \our
honour, liid lomily, or to iii:t;gale the n)atler,
said he had erred by ignorance, that had been
done t.nly ami humbly ; for he that s» eketh for
much cooiptiny in King as he d«d, hath small
buinility; for he would hide hhn^elf l)v the
,number. And thus much as touching' Sniith,
to your grace, and yet I take ntyself liberty
enough, with a reverend nund ne\ertheless to
keep me within my bounds; whtch if I at any
time f xce^ed, I trust your grace wdl bear with
me after your accustomed goodness, for whose
prosperity I shall continually pniy, with in-
crease of honour. At Winchester, the 6th of
June."
Winchester to the Lord Protector,
Apttr most humble commcndaiions to your
of whom, or his book, till he was in trouble, I | grace, I have received this «lay letters from mj
uevitr heard talkmg. But to the matUr 1 wrote lord of Canterbury, touching certain homiies^
5S I ] STATE TRIALS, 5 Edw. VI. 1 55 1 .-—for opposing the Rrformatum. [5S2
which the bishop's ia the convocatlun holden
A.D. 1512, agreed to make for stay of such er-
rors as were then by ignorant preachers sparkled
amon^ the people, tor other agreement there
had not then passed amon^ m^. Since that
tiine God gave our late sovereign lord the gitt
of pacification in those matters, which estab-
lished by his highnesses authority in the convo-
Ciition extinguisiied our devibcs^ and remaineth
of force with your grace^ wherein to avoid many
encumberous argument;), which wit can devise
a^inst the truth, I send to your grace the copy
ot mine answer to my lord of Canterbury,
to whom I write aud olfer njyself more largely,
than I ever did in any matter of the realm, to
any man besides my sovereij;n lord, or the
chief governor as your grace, for I am not fac-
tious, and use only to say as I am bound to sny
as occasion serveih, for tlmt is my duty, having
no other- thing purposed but truth and honesty,
whatsoever an^ num sliall otherwise say of me.
I am busier with your grace than needeth, but
•och commendations as it pleased your grace to
send me by master Coke (for the which I in«)st
humbly thank your grace) hath engendered thus
much more boldness, that ever me thinketh I
should desire your grace, not to suffer the king's
majesty our late sovereign lord's determination
to slip the anchor-hold of authority, and come
to a disputation, for ediction whereof, after-
ward the bunien must rest on your gracQ, unto
whom I desire all prosperous succes-*, and the
increase and contmuance of such honour as
God hath grdnted to your virtue, not to fall in
encumber of any by-matter that need not ]>e
stirred. If your grace think n'>t yoursdf en-
cumbered with my babblincr, and inciilking that
ncec'eth not unto you, I would ar»:svver your
prare's letters of the 6th of April, so as your
grace will by otlier letters withdraw yonr name,
that I may be seen to dispute with one not so
far above me in authority, as vour grace is,
which I have thought rtcjnisite to adveriij^e,
lest by my silence your grace should d( em I
thought myself overcome in those matters,
where indeed I am of a contrary mind, and can
shew whcre!i;»on to ground nif, why 1 should so
think : And thus desiring: v )ur iiracc to take
m good part my donig<, I ^llall continually pray
for the preservation of your ^race long in feii-
citv. At Westminster tlie lOrh of June 1547.
S. W.
Winchester to the Lord Protector,
Arxf.R my most humble commendations to
yo«ir grace, since my letters unto your grace
wherewiih I sent niito you such letters t»s 1 hail
written to my lord of C'anti rbr.ry for answer to
his letters touching homilic^ Ibavo eft-oons
received other letters from my "^aid lord ofC.'ati-
terbury, requiring the said i)or!ji!ics by virtue
of a convocation boldr-n 5 years past, wbcreiii
we communed of that whicd took none eifcct
then, and much less nocdeih \o be put in ex« -
cution now, nay in my jiid^ineni (ann«ii with-
■out a new authority from liie kiii'»'s majesty
that now is, commanding such a luatier to be
enterprised, I wrote at length to my lord of
Canterbury, and sent the copy of those letters
j to your grace, not to the mtent your grace
should lose so nmch time to read them, for
they be tedious in length, but only for my
discharge, who never meddled yet by private
letters with any man in the realm to pc!suade
or dissuade matters of religion, but with the
prince himself, or him that had the managing
of the great matters under him. And folb)^-
ing tliis determination ain so bold to send your
grace the c«jpy of such letters as I write to my
my lord of Canterbury, whose letters to me, I
could not of congruence forbear to answer, n«
answering forbear to speak freely as I think.
And sorry I am to hear the matter of homilies
spoken of in lliis time ; your grace hath done
prudently to stop the vain rumours by procla-
niation, and it hath wrought good etfect, and
me thinketh is not be^t to enterprise any thing
tf) tempt the people with occasion of tales,
whereby to break the proclamation and oflend :
And to this effect I wrote to my lord of Canter-
bury : For like as in a natural body, rest with^
out trouble doth coniirm and strengthen it, sti
is it in a common-wealth, trouble travelletli
and bringeth the thii^s to looseuess : And my
lord of Canterbury is not surer of his life when
the old order is broken, aud a new brought in
by homilies, that he shall continue to see his
new device executed, for it is not done in a day,
I would there were nothing else to do now, I
have known business to occupy such as were
put in trubt, when religion hath been untouched,
a new order engendereth a new cause of punish-
ment against them thatoffend: aud puni^lunenis
be not pleasant to such as have the execut i)n, and
yet they must be, for nothing may be contenm-
ed. And thus I travel in the nmtter with my
lord of Canterbury, because he would I shouhl
weigh things, and so doe I as indifferently as
ever did man for the preservation of the slup
wherein I sail myself, and so many other whose
i)ro.>ipeii(y I am bound to wish, I can admit nu
uj vocations. S. W.
Winchester to the Lord Protector,
After my most bumble commendaii«)ns to
your good grace wiiji thanks, that it hath
pleased you to be content to hear from me,
wherein now I have from your grace liberty to
write at large, 1 cannot find the like ^cntleness ia
mv body to spend so much time as I woidd ; and
therefore shall nr)w desire your jcrace to take in
K«)od j;art, ihtnigh 1 gather my matter iut-)
brief sentences. — The injunrtions in this visiia-
tioii contain a connnandmem to be taught and
learned, two books, one of the homilies that
fuu^.t be tau«rhL other by priest. Another of
Kiasn.ns Parap'urabis, thai the priest mnstkarn"
l)i:n<ieir, tliese books >l»ive one with aiioihcr
diicctlv, \'c. TliMs I have signified to your
iirice some sjmii iai faults tl):it be Krii>Mu»s
oune fac.lfs; and in niy Juv!::<»ienr >;r«'at faults,
but I have not writien Jill: and yt>ur ^race
vhall further understand that ho wl>o it is, I
kuo'v imt who, l\;\V\i lAviu \\veVA\iOw\% v^ Vxtcvw
5S0] STATE TRIALS, 3 1£dw. VI. }5M,— Proceedings against Bisliop Gardiner, [5$^
late Erasmus inio Eiii;li!>h, hath for his part of-
tt:(i(ied soinctiinr, as appeareth plainly by k'no-
rnncc, and sunieiimc evidently of purpose, to
put in^ leave out, and rliangc as he tliought
l*cst, nt'vor ro the better hut to the worse, with
the speciahies whereof I \\\\\ not now enciini-
her your grace, but as>urc you it is so. And
here 1 will gnmt to your prace, that for every
lie I make unto you, set on lOU/. fine on mi::e
hcadj and let nie live here like a bc^uar, whilst
my revenues pr.y it ; My words you liave in
writiuLS and be uj^ainst me matter of record ;
and bo I yield to have me charged, as the bi-
shop of London was with otFerinj; the furm of' j
his bishopric, wliich matter came to niv renioni- j
l>r;inee in the writint^ hcreot*; and now 1 have
nriiten unto your j»r.ice upon what foundation
my conscience is groundtrd, I shall truly declare
wnto you the manner of my pr-jccedinp from
the bei;inning ; I never heard of the execution of
the visitation, till yourprace was departed from
I/ondon northward; as the bouks ilowcd abroad
by liberty <»f tiio printers lluy came to my
iiandii, I never slept while [had perused them*,
us soon as I laid f urn 1 certain faults I wrnto to
the council, trusting upon such earnest adver-
ti<ienunt as I niade, ihuy wouhl incontinently
have i'ent for me, andn^nm knoMledue of so evi-
dent matter us me thout^ht L had to shew, have
sTayed till your gratvS return, I saw a determi-
nation t'} do all thinj;s suddenly at one time,
vhervufito aithou«:h your t;race ii«»reed, yet of \
your wisdom I c injected ye hid rather liave
had ;t ta.-iv while von nlnrn, if vou had not
been pressed : and ib:it word pressed I noted in
your ijrace's It tiers to me, w herein you wrote vou
were prts>ed on both sides : me iliou.dit if by !
brinijini^ myself to most e\ir«'me dani;er in ;
Yonr absence, I could have stiyf<l ibis matter, i
bi hides my duty it) (iod, and to my boveieign j
lord 1 had d;>ne aUo \our L«Mce ple;i«'nro, at' \
wlh»m I have tins ilim opinion, t'lut \\iili,);:!v
and wiitiPLly ynir i:r.u'i? uill niiiiitr brei'k the
act (il' p:ir.:a'ntnt, nor Cimimand bo«)k'* to be
bought wi;h aaiiiorirv, that contain bueh d-n--
tiiiJv' .:-. liirsc books (Ui : Thus i advinturcd in
your LT .i:e*» al 1*1 ncf, when in al«iioui!h f had
leiiuiul. ranee ol' V(»nr L'raie, vrl [ madr n«it
y*i\i\ iTiace my f.»uid.i!:on, I n* ( Jod r)i:i'lv. ;.s
i.irA k'liiwcth \\\\\i xl.v j'Tcvtr'. afioM otrrir I'M.
snvcvi'i'^M lui'I'* hd.ioiir li.it dca«! i-, anci I'lr
bCcJUity lif o.:r 1 .1,' > <\. :."i:^ Inrd th^t i:ov. i>. :
— l-o: li-i "v.n !ti (. .'. i.li .1 \\.:\) ihe \.. i.i im .;rv
«»t iv\ V. .iiji'i.', ;'. f I ■.■.:■ ii«- wii|i a \^h<,!i^ l.tvrr.
and if 1 ci^u'd i.;r . ■.MiWfii ir with ti;t hhio.j of
my h»a:t I u ml-l JMVfe'n.* it. to Ikmi* d.>:-f
«;tiol. ;;j >} ivinj l' r ll..\ -^ I;. I it h.id I tf;i nt-'V
n''*j.i'"a.l_\ .! 'ji 'id, ;i'id li l v.miv i:,';««'«.''s »» iIc ■
i\:i r.-. ! t. ::i h-A I'nii'i ..*' j-:ii iMnisit Ir. rlv, .
l:;; ■' t i\\ :«>. »v«.:' v.a*. ::.< fhil''^ *]>ii' • ;! nt.
A:\>\ I : . VI ;• uijii \,\.,w bi.Jrilv ih-ii ! did »i»r
ac-aicit ihattroubl'.d my hc:i<i. whiih nr\tr 1
p.t.-'i.l inv Iip>, r.or sb.-li nr v< r c-mi.,. out 'fniV !
p,Mi, 1 \%.il ir-il It y,;nr '^r-.K ,\ and vo-i n 'p ir- "
it. Now wi-iT'tT fill' KJ t: m.:y ro.mn ii\i
8:! tiuNt ail art uf parliann :ii, and \xh.it dinsivr ;
ihcy may f.Lll iui that bre^k a law, i\itlj the
kin(;*s cont^ent I dare say no man olive at this
day hath had more experience, what the judge!
and lawyers ha\e said tiian I : First, I had ex-
perience in mine old master the lord cardinal,
%«ho obtaincxi his legacy by our late soveieign
lord's requciit at Home : Andi in his si^ht and
knowledge occupied the same v^ith his two
crosses, and nnusses borne before him many
years; vet because it was against the lai«»olf
the realm, the judges concluded the oQence
of the prcmunire : which conclusion I bare
awny, and take it for a law of the realm,
becaube tlie lM\%yers so said, but my reason
digested it not. The lawyers for confirma-
tion of their doings, brought in a case of tho
lord 1'iptost as I remember, a jt*lly civilian,
he was chancellor to the king, who because in
execution of the kind's commission he had.
offended the laws ot the realm he su lie red on
Tower-hill, they bremj^ht in t-*\amples of many
Judges that had finis bc*t on their heads in like
case for doing against the law of the realm by
the kinif's commanehnent. And then was
brought in the judges oath, not to stay any
process or judgment for any conmmndmcnt
from the king's maiesty. And one article
against my lord cardinal, was that he had
granted injunctions to stay the connnou bins,
aitd upon tiiat occasion, iMaiina Chartu was
spoken of, and it was made a great matter the
stay of the common law, and this I learneil in
that ca<e, since that time being of the councd,
when many proclainai ions were devised against
the carriers out of corn, at such time as the
trau'^cre^sors should be |.uni>he<i, the judges
would answer it mii;ht not be by the law<,
whereupon ensued the act of proc.ainaiions, in
the pa>sm::; of wli:« h art many lit.eral words
were spoken, and a plum pri)mi>e, that by au-
ti.oiity of (he act fwr proclamations, nothing
bh(»!Jd be made cim-rary to an art of pailia-
incnt, or common- law, when the bisiiop of
I Aeter, and Lis clianrLllor ^^ere by one body
I V'.Miiii.t in a f:rtmmiirf, wliich matti i my -ord
i'rik\ M'al caijiiot f u'lrt*!, I le.isM.ed wnb the
loni .\u!I«.\ tiion ciiaiTi-ilor, so fur its be bad
me h:»:d my pe;'.re f'r liar ot entering mto a
pre:^n 'ire m\>« It", wit<rtn;on I ^t.txeo, but
c Hiclndi-d it >t4MU(d (o ino otrani:** ti:at a man
:.uiiiijri/cil by liu- kiiij: .'.i> siner the ki; si's ma-
jesty hath i.ikm npoii hnn lie supreinacy
(Viiy bi^l. ip is s 1 11 a to.e, eoulel i 11 in a
I ri.ii.in::v. AtLr I h td ria«.oiud ihc niatfer
' nee in site pa; I uiu'iit hon-e, uhtix.' w:i> frtHS
MUecii wi;i,iMit d.«ni;er-, ainl 'hot the lord Aud-
h V ti.en < hannll .r, U* sr;>iy n» tamiii.iilv,
!'■ t'at.'i' I ua" in soMir sec. ft f>tnn:tlion a*, be
tin n knew, th ii ? rl i c tJi 'e!!i>« hi^t e)p eju«»tb
I.e, v\ hirh \\ »- the mion.ei «» lii^ t','nuli..r y\ et c!i,
l'i.:k Tl:r .id i»i siiju-ni it\, ail iheie ihe KM'g's
d.ji.".:i bj« ustriiiudi'. ^i•» tn-l juiisdieti n;
'.'.\\i\ ill iiii ilur act it '^ pri»idf ', ibai no ">: n-
til :«!•:;« >h.ul hiKw pine e mlr 'ry to a cnmuMU
I :\\ .)r ajt of pailiauie: i. An J thiN were not
(pi>d lu'^ vdu bi^h >ps w tulil cmer in with the
kin::, and by meai'S ••! his>npn nmcy order the
laiiy sb yu li»lcd ; bui ive will provide quod be^
5S5] STATE TRIALS, 5 Edw. VL 1551.— /or opposing'thc Reformaiion. [5S6
tliai tlie preuiunire bli.ill ever liung over your lowed : 1 toUI them there were three weeks of
bead**, and so we htyineu &h:ill be sure to en- delay to the coming ol' tlie vii>itor» to nie: in
joy our iulientaiice by the c^iiiniun laws, and the mean time, 1 oiVered to go to Oxlord to
acts ot* parliament. Il is not yet full two years abide the (iiscus>ion there, whicii oiFer was not
auo, since in u cube ol' jewels 1 was fain uiili alli)we<i, I desired thein to goto my hou^e at
tia- emperor's ambasiudor, and after in the em- J^nifloii, and to have learned men speak with
peror's court, delend and maintain by com- me there, which was not :;ccepred. I entered
luandinent, that the kings of this realm weie ; then the allegation of the pisptl of tiic servant
■' ' ' ' A . .1 - that jiaid he would not do a ihing, and yet did
it, and so I said it mii^ht be that ahliiiuti^li £
Dot above the order of their laws. And tiiere-
forc tlie jeweller, although he had the king*s bill
signed, yet it would not be allowed in the
LuigS Court, because il was not obtained ac-
coidiug to tiie la»s, in which matter 1 was
\ery much troubled, even thi!> thnc twelve
in'>iith, when I was in connuission wiihmy lord
great muster, and the earl of Southampton for
altering the court of augmcniaiions. There
nas my lord Montague, and other of the king's
learued council, of whom by occasion of that
matter 1 learned what the king m.^hi do coti-
trary to an act of parii^unenl, and what danger
it wustu them that meddled against liie act, it
Vi fresh in memory, and tiiey can ttll whether
I said true or no, and therefore being leatncd
iu So n<ituble case^, I wrote in your gnu:e's
ulneuce to the council therein, as I had learned
by lieuring tiie commons si>eak, uhosc judg-
ments rule those matters, howsoever my rca-
wn can di>gest ihcin, and so wrote to the
c-mncii. Which iny writings I fashioned so
iu I trusted my lord would have stayed till your
Cnice's return. And thus 1 have declined to
jiturirrLicc tlie purpose of my writing to the
c>juncil ^) vehement, which neverthcle-s I con-
tinued with all humility to abide the order of
auiboriiy, and learn all other obedience ; for
tU re unto I h'.ivc evvr had as great regard as
(>> any man in thi> realm. And as my word i^s
I'lnii Milu& huimitii, «!>o I nssnre your grace 1
then said nay, as my conscience learned me,
yet I might percase change, and w:u{ a man
thiLt migiit be tempted : hut as iny cons'-ience
Mus tiien, me thought God's law uud the king'«
letted me, and upon knowledge of their plea-
sures, liiat 1 mu&t to the Iker, I told uiy lords
I thought it hard, unless there were a greater
matter then to send me to prison, for declaring
before hand what [ minded to do before any
tlJng had been by me actually done to resist
the visitation, who had all the mean time to
think on the matter, and repent me. VVhcre^
unto the answer was such as displeased me not
inwardly so much, hut 1 have well dige^sted it,
and (so all may be well) care not \\\ya\ hecom-
eth of my body, 1 departed as quietly from
them, as ever man did, and have endured with
as little grudge here, and have learned this
lesson in the world never to look backward,
as St. Paul saith, ne remember that is pa^t, 1
will never grudge or complain of nothing; for
myself. — As tor the matter cr> have such b<>ok«
reconnncnded to the realm in the king's name
by your graces direction, me scemeih very
uei::hty, and your grace not to have been well
handled in it, all the %vorKi knowedi the king'i
highness hhnself know not thc'^e books, and
therefore nothinc ran l>e ascribed unto him.
Yonr iiracehatli been to voiir increase of honour
ptitf.-ti'^c it througiily in iny deeds. — When my | so occupied, as all men know, your gnice had
I'lnls sent last fur me, I came to ihom with as • no leisure y')urselft(» peruse the^c books, and
i.i-j(.h ^peed as I might, with my sleeves ar.d yet be the hooks as 1 hn\c written, 1 leave the
Urum thrust full oi' books to furnish my fonncr ; rest to yonr grace, if I that tell the council
^iuariiiiis, 1 wu!> heard \cry well and gently, ! my mind of ttiem that have d'Uic so far amis'^.
auil UK- thnught 1 shewed matter that should
i-tke ino\e-<), tor I shewed the two book.t to
becaijsc when i know so much, I will not alii.w-
tiicn, I shall from henceforth the more rcg;:r<^
ir coiitr.try, as I have written before, whi re- the h ^son of an old amhasb.idor that bed ii.e.
viiii they »aid they were iiDt in'>\e(), adding ' let ivil t.i^lin^sgo home to my master afooi, ai.d
ii'A- ih'.'ir (*iin*>cience agreed not with mine, '^Kri\(\ only ^ood tidings by po>i. A shi.*! »:ih
U'iiig many good words lo brmg me to such the uorri which agrieth not with my r.: ;-jre a*
LJiii'iriuity, as they would have had me at, muster \V;i[li>pc saith, upon Friday ^asc r-«\
''':.iTeu^oii kniiwing that I kntiw, I cnuld not \ luvhiidolC antcrhury sent for me tiiiLc<:2=\L:. ;;'
riiiiit, but after 1 iiad been a little beside Iroin . I*aul\ ii«iise, whither 1 wentwiih^ Ct- r-r i^ .:
i:» If), and was returned, they (M-.l^icd a pre- ■ the world. There I found u;v I'jrj : * Li^ *.£.*-
CiH.- order with me, either lo receive precisely
('•eiiijijjic'ions, or to refuse, in whiih ca>e they
i. I'i rurriuT to sav to ine, addiii^ ihut v<)nr
^r.icc was privy to that was done tlicre t'lat
(i^v: inv nn*iv«cr was that 1 would reM-i\r the
i>tpinc[ii»ns as tar us (iod's law- and the king's
vhjjM bind ine ; and bec.ui>e I saw liiey giew
to *tich precisf nc?»N, and reniendierinii ho« i-her in ai;r» eing to l.iin, Lu: ii£4.ri i u . -
|:«*>d sort r hey hud caused nie to lie :i(Coni- iy <ronfirni me in Uiirie :•«: ' -- -
jiuiied iH'fore with master WiuLiield, niiiking , olVer to yield t^ ::«cci t:
)nnf)v:tiions. what wouiii be tin- end if I wouUl i could shew me ari ."i -• - ■ . .
Out yield: 1 would not therefore leave un- , I'aiih excluded c: :r::( . -v:
i^fo, that! iliought mi{;ht avoid that fol- tion^ it ib aguuK ^cr^;!:.'^ .
bury acrcompaiiied with t).e Ii:*Ij •;■ •:' r..'*:i'r>-
ter, masier dortiir Cox, and iiiii*:c-: .'*-■«:- ii.: I
wa»* brought tliirhcr by the ti-i::: -:'!.■: : .
what rcfHjit my h>rd of Car-Tr-'i*. -7 '.l :. - .*
thereof 1 cinnot tell : is.t 1 :i .; 1 .^--■■
wii'»inhnid wiih his h x ; " ." s.- *-_ .:
nothing tieard or saw I ic- •«i"' ^ z. • : ■ . :
•)S7] STATE TRIALS, 5 Edw. VI. Ijol.-^Proceedings against Bishop Gardiner, [53i
5wen'C from scripture witliout any one doctor \ regarded for a law, for that lie said was to be t
to lean to it, were sore : where scriptures and ; very kinti) and thereupon I was called for a
doctors want, my lord ol" Canterbury would fall I Hampton-court. And as the lord Cromwel
to arguing, and overcome uie that am called ; was very stout, come on, my lord of Winches-
the sophister, by sophistry. When I heard my I trr, (quoth he) for tint conceit he had wliiitso-
lord's argument I denied it, and would enter ever he talked witii ine, he knew ever as niucl
none other declaration, for I keep that answer as I, (^reck or Jyatin, and ul). Answer the kin{
till some other than were there, be present, my here (quoth he) but speak phiinly and dircctlv
solution whereunto, when I declare ir, shnJl I and shrink not man. Is not tiiat (quoth he
make idl the rest of the matter very weak and : that please th the kir.g a law f have ye not there-
my lord not to like his argument at all, one ar- { in t!ic civil law, (quoth he) quod principi pla-
gument I could n^t assail, to come again to the | r;/i7, and so forth .^ (quoth ho) I have somewhat
Fleet: my lord of Canterbury chariied me, that | forgotten it now. 1 stood still, and wondered
1 like notliing unless I do it myself, whereof I in my mind to what conclusion this should tend,
*am not gnihy, I was never author of any one ; The king saw me musin<r, and with earned
thing other spiritual or temporal, I thank Gud . gentleness said, answer him whether it be so oi
of it. I am also charged that all the realm hath i no: I would not i.nswer iny lord Oomwcit, but
received these homilies without contradiction \ delivered my speech to the king, and told him.
save I, whereunto 1 answer, I think they have I had read indeed of kin^s that hud their wil
not read that I have read in th^se books, ivhat
bath been done I cannot tell, now I am kept
as I cannot know though I would \>hen I was
abroad, L never sought to know more than was
brought by common fame, for this sliall be
found true, 1 nexer advised any man to object
any thing against the?e books, no one man, not
my chaplains: a kinsman of mine beneficed in
my diocese, and not unlearned, came to me,
and told me how he heard a lewd fellow say,
that I would not receive the injunction-^. And
sir, (quoth I) I rebuked him, and reviled him,
and said you would as readily receive as any
man, I told him tliat in so saying he did \ery
well ; upon my coming up a chnplain of mine,
a doctor of divinity told me, he would receive
the injunctions quietly, and say nrithing; I told
him it should be well done, if I had tarried in
my diocese: if any man had spoken but myr^elf
I would Ikivc lost mv life for it, nur I think ttitMe
liath not now. This matter wr.s to try a bishop,
whether he careth ni'Te ff)r the truth, or his
own rest, t%hat examples have I seen in this
realm, how freely nun have said tluir con>ri-
cnce against our late sovereijin lord's dclcrini-
nntion, and against the act of parli:unent : doc-
tor (.'roe a mean man preached against our late
sovereign lord's deterininations, and lu)W dain-
tily was he handled to relie\c Irs conscience :
if vour trace would have this f )r a i)rtreliTit,
that whatsoever the kinir's council for li:c time
of a prince's min«>rity *'hiill send to be p:vi;chefl
must needs be rcceivid witlxMit allegation: of
what streiiwtli is the art <A' pailiaintnt an linst
the bish'>}) of l\t»ine ; the kiii«^'s majesty, wln'u j of i!ic council, and without :'ny ii^lory to !l:«
)»C comein to lii> ago, uill l'M)k to be hol<l to do bi-hop <>f Winchester. Which is in «umenun*s
as mu'.h with his su'»jtcts as his council ili I in conceit the jirtvite^t matter of all that be yet
his minority, wliercif the counscll'»rs m:iy hv ■ rthr:nM:<L uu'l in gooil faith I would I were nor,
then wi'arv, nrecerhnts be daoiicron*. Tor 1 I so all wtre well. Your uracc \ doiirji in .'^o)t-
always received tor a law, but I told him the
form of his reign, to make the laws his will nm
more sure and f|uier, and by this form of go-
vernment ye be established, (quoth I) and it in
agreeible with the natiue of your people : li
ye begin a new manner of policy, how it will
tramc no man can tell, and how this frameth yc
can tell, and would never advise your grace to
leave a certain tor an uncertam : the king
turned his buck, and left the matter after till
the lord Cromwcil turned the cat in the pan
afore company, when he was ani»ry with me,
and charj(>d me as though I had fduyed his part.
This taltf is true, and not w ithout purpose to be
remcmben.'d, how 1 haie been tosstd to and
fro in this kind of m.'itter. Thus I have shewed
vour grace the whole nnittcr with niany more
words than I intended in tl.e entry of my letter,
and make now an end, tnfojxrcd by weariness
of mv lH)dv, fed w;thcl)?re air, rather than meat,
which mv stomach dcsiicth not, vet I must sj»v
• • •
somewhat in the m:\tter of onlv faith, whoifin
mv lord <»f Canterbiirv so much trarclleth.
First, it is sure, he sliall never jin-vc that he
would say in that matter, but to make an end
of it, rit'ticr 1 am a very tool in mine own con-
ceit, which may easily be, or I see an occa'^ion
Civen to vour grace to make such a true deter-
inination in ir, as mav be honourable to voi:r
trace, the conicntation of all the woild, the
l>reservalion of the king's hoiionr that dead i«,
without prejudice of the act of parliament,
wiiliDut cierog:itiun to my lord of Canterbury's
hoiKMir, witlio::t diniinniion of the reputation
have seen it almo-t torn rule: thai \' hiit-oi'vcr
liath been once ilone, may tlicn withojit ques-
tion bedtjne ai»ain. In our la'eso\<T( ijiu lonfs
land, is not to n'v judiinunt njoie to vour
irrace'-* l'«»nour than ilii« vxonld I e, which <Iod
grant :»nd yinir Er;M'c nnich honour and felicitv.
lime, I i»ave .•.cen the chi>ncell no'cli astoni-h- ' At the I'leei, il c 1 Jtli of October. Your jjrace's
cd, when the km*:; would h;ive done s')fneAh;<t i huinbli; headman, S. W.
against an act of pnrli:im*'ni ; it wa^ made then
a pre.it ni'itier. The' lonl Cromwi II had once
put in the kin/s our late sovenii-n lord's bead
to take n[H)U him to have ht^ \Mtl end pleasure
M'iiichfitf.r tit fhr Lurt^ Protector.
AiTi:n my mo^t humble commendations to
your good grace, # r.re the writing of mj JmI
W9] STATE TRIALS, 5 Edw. VI. 1 55 1 .—/or opposing the Reformation. [590
lon» letters to your good grnre, which as ihcv
weaned me in writiii«!, bo tlicy have I think
wearied your grace in reading, 1 have heen in
ureal expectation to hear suniewhat from your
Krace, ot' whose gentle and favourable mind tn-
wards uie, I cannot doubt, iiowsocver the de-
chu^tion tlicredt' at Uiis time be hindered by
otiicr by-persuasions, wherewith tdthou»h your
Ignice muy be somewhiit moved, I marvell not,
aud therefuic whiles nil things may be tried,
do well saiisfy mvitelf, not minding by any
luit, I ha«'e or shall make ; otherwise to presb
vuur grace than may lie conveniently obtained
uf you in tlie state you now present. And
yet sue I must oi' congruence, for declaration
of my humility, aud albo importnnely sue, lettt
I sh'>uld be seen to contemn, and to be entered
iato a melanciioly, proudly to disdain the
world, which 1 asbuie your grncc I do not, nor
never had any such fantasy : Whereof they can
he witness, that have continuuUv seen my be-
uvjour, since the death of our Uie sovereign
lord, and since ii\y coming to this prison. And
yet my lord of Canterbury, when he sent for
ne last out of the Fleet, handled me with fair
vurds, declaring me a man meet in his opinion
to be called to the council again, adding how
«'e, be said, did daily chusc in, other that were
Out appointed by our late sovereign lord. They
were worldly comfortable words, aud- as far
Oiiitrarious on the one side, as the Flert is on
t<ie other side : but I have nor, I thitiik God,
tliat deceit which my lord of Canterbury thought
to be in me, or would seem to think so, whereby
u induce others to think the same, as rhoush
I were iiotmoved to say as I do, for any zeal
tM the truth, but of perverse frowardness, as
one that like not his estate, and therefore
cared not what became of him : The truth
•iirre'if to be otherwise God knoweth : and I
im able to make to the world sutlicient proof
thij testimony of the contrary if it be required :
Kir^r, its gtouchinis the book of Paraphrasis,
•hereof 1 wrote to your grace special faults,
tii'i other I have to shew us great as ihey J
tni»t : and doubt not, the matter itself shall
iuihciently declare, that I have done well to
tpeak againbt that book, asburing your grace,
tlut since my coining to prison, many day^ to-
gether wlien I looked on it, [ saw every day,
KNDe new tiling in such sort of fault, as ought
worthily to condemn the work, \ have favoured
sides that my conscience is othenvise persuaded^
and truly persuaded, it. doth so touch me out-
wardly in the world, as if I would for any in-
tercession or request upon oiler to he n coun-
sellor, or have as much more land as all the
bishops may spend. I were wortliy for so
aij;ret;mg for mede on the one side, or dread on
the other side; fust to be whipped in every
market town in the realm, and then hanged for
example, as the veriest varlet that ever was bi-
shop in any realm christened, unless my lord of
Canterbury cou{d shew me either .*5cripturc
that so said, or some ancient writer, therein I
de&irc only to see but one where conmionly
two be required in iiMtry matter: but liecause
it is in the matter of only faith, I require but
one ancient writer, whereby I cared not for n»y
conscience as some would have it, persuaded
if I might excuse myself at least to the world
that I wx're not worthy to be u hipped, and
hanged in all good men's judgments, and mine
own also. And llii^ matter 1 write unto your
grace, to declare unto you in what straits 1 am
tyed inwardly in my conscience by very truth,
so I am tyed outwardly iii the world with
shame, wlitrehy appearcth that I resist not tills
matter of a willful purpoie, or that 1 like it
not because I was not a counsellor,, which
words mv lord of Canterbury used to me, for I
am even driven to do as I do of necessity on
both bides in my conscience before God and
the world abroad, whereof if I shewed not your
grace such a proof as cannot be denied, lei me
be out of all credit in every thing, and be ac-
counted a bar, which I abhor above all faults.
Whereupon me seemcth ujy case is miserablp
to be so incumbertd as 1 am, and yet to be
used as I were witluHit cause obstinate, uot-
withstandinr; ail buch circuntstances as I ha\e
used to humble myself to learn and abide:
1 yield myself to be opposed at Oxford, tliat 1
mijrht bay, if I yielded, learning had overcome
me : wlicn that was reiu^ed, I offered myself to
go to school at home, which otfer to yield to the
truth. And although I have to maintain mo, botii
the plain Scripture<, the doctors plain, and the
plain act of parliament : )et for cont<>rmiiy
olfered to my lord of Cunierbury, to yield if he
could shew me one Scripture alhrming faith to
exclude c!»arily in jubiilication, or Scripture
f '.iliii^ as it doth indeed to shew me but on<'
ancient wriier that wrilcth so, witli offer to
Er<iMnU9*h name as much as any other, but I yield and uivc place, which offer cvchideth all
r>ever stufiied over this book till now, and now ; stubborunes^, :ind all evil opinion that mi;;hc
1 agree with them that s:iid Krasmus liid the I be conceived. f;f wilfulness in me; it i** now
ttci, and Lnrher hatched them : nddin;; fuither, ' twenty day-) uiio siii(<! I spukc with my lord of
tUt of Uil the monstrous opinions thut Ikivc > Canterbury, when ilui biron>;fSt arguments ha
^i«Pfi, evil men had a wondrous occasion ad- ; made me were to iigree, with hope to be a
iiuuisrerotl to them of that book ; aod therefore conostMhir aii'.iin, or ^o to the Heel from whence
I tni'it the m-itter of that book will purge i 1 came, tor when I ina<ie re«}uest to the C(ui-
tiei'%'il upinioii as might be gathered of me, ' trary, he said lie Lid no such comrnissioT) from
^licreii 1 otfer t«> prove that I said with any j tlx^ council, and ^o here I remain without bail
lejriieri man, puiu of shune and ribuke, and I or m'iin[)ri/.c, uithout comfort of any of my
tohe taken for a malicolike beast. As for llir friends or tenant-', :is oii*.: (iivided fn)m the
l>i«<k of LJoiuilieSy in that point where my lord
<if^Caiitrrbnry would liave taught how faith ox-
dudcth charity in the odice of justiiying, be-
woi'hJ, no cli.ipl.iiu I.) accompany nie in prayer,
no l».irbi.r nor tivi»r \')V hodjly nerr>'«ari(>,
nor libul\ to use pii}->ician for rtlicf of di>-
591] STATE TRIALS, 5 Edw. VI. }55\.— Proceedings against Bishop Gardiner, [592
ease, whereof I have need : And your gnice
wlii> 1 tliink would *hew inc relief, lur 1 will
never ihink want of good will in you, is pi-rcuse
pcptuiidcd, by meuiis that I rebiti the truth
wilfully, and that your gnico may not in any-
wise bhew me the least coinfori m the world,
for then no man shall rule me. And then your
igrace Chut slieucd so much favour to the earl
ot' >ouihamptun, lute chancellor, wherein idl
the worhl cjmmendcd your jsentleness, il'your
grace should now any ways comfort me in pri-
son with the least token oV gentleness, ye might
be noted to favour Winchester's factions, as
svnie tenn it, whereas I take God to record 1
never joined myself with any man, nor have
tecretly encouraged any man to be of my opi-
nion. And yet 1 have none other opinion, but
such as the parliament hath established. The
enrl ot'Soutliampton did many things whilst he
was chancellor touching religion, which mis-
Hked me not, but yet did I never advise hhn so
to do : nor made on him the more for it when
he had done, he wns one of whom by reason I
might have been bold, but I left him to his con-
science, therein I never said so much secretly
to any nobleman of the realm, ns 1 have to
your gracr, at v^liich time I advised your grace
CO be noted neither on the one ^ide, nor the
otlier. And your grace hath for yourself as
good a name as can he. And 1 shall say tliis
without tlattcry, that tike as cliancc very nota-
bly hath advanced your estate many degrees,
since the time of my first acquaintance with
yim, so have you had occasion to shew your
virtue, thereby to be thought worthy your
' estate, by means whereof you cannot wish a
more felicity than you have to be the beginninn
of such an estate as ye shall leave by God^
grace to your posterity. This is not altogether
out of my matter, for whatsoever become of
oe, I would your gnice did well, men be mor-
tal, and deeds revive, and me think my lord of
Canterbury doth not well to entangle this your
l^race with this matter of reliti;ion, and to bor-
row of your autliority the Fleet, the Marshul-
sea, and the King's Bench, with pnsoninent
in his house, wherewith to cause men to aijiee
to that it pleascth him to call truth in reli-
j;ion leaving that he setteth forth not stab-
lished, by any law in the realm, but contrary lo
a law in the realm: At the least a law it is not
yer, and before a law made. I have not seen
sncli a kind of imprisonment, as I sustain,
humbly otlmng myself ready to learn : Our
late »mcieij;n lord, whose soul God pardon,
sulVered every man to say his mind without
imprisonment, till the jnatter were established
bv law. If my lord of Canterbury hath the
strength of God's spirit, with such a learning in
his laws, as be able to overthrow with that
breath all untruths, and establish truthn,' 1
would not desire the let of it, by your grace,
nor tlie vnork of God's truth any way hinderttl :
In whibii case if all the reahn be persuade; 1
besides myself in this matter, it shall be easy
for to repmve nic in the face of lh« world, and
^rive me to ibe ground with the sword of Gud»
Scripture, which he should rather di-sire to do,
then to borrow tl)c sword your grace hath the
ruleot^ vvherewitli to fear men, which is a mean
to slander all that is done or shall be itone, if
men be prisoned 'before a law made. And I
cannot believe but theie be mure than 1, or
else I should not be kept so secret. For all
my folks resorted to me, and told me ilieie was
no reason to stand alone again>t all men, to
undo them and m} self also in this world. It
were a grcattr temptation then my lord of
Canterbury made to put me in hope to be a
counsellor again. Be your grace assured, the
foundation of my ground is a '/ealS.o the truth,
although I have many worldly consider;itioiis to
alledge for me, which sen*e to purge me of
wilfulness, which I assure your grace is nut
my fault. I will not trouble your grace with
all 1 could say of my knowledge : whatsoever
my words he of my lord of (Canterbury, which
the matter enforced me to speak, 1 am in
noiie enmity with his person, and tliat I :un
able to prove, but my lord hath in the homily
of satvAtiuii taken such a matter in hand, and
so handled it, as if I were his extreme enemv. I
would have wished him to have taken that piece
in hand, and so handled it as he hath done.
For that a>severatinn how faith excluded cha-
rity, can neither be proved by scriptuie, iior
continncd by any ancient writer, or persuaded
by any enectual argument. And one argument
my lord hath devi^ied, which he frameth thus:
We l>e justified by faith without all woiks of
the law: Charity i> a work of the law, Ergo
we are justified without charity. The answer-
ing ol' which argument, which 1 can do plainly
by authority, shall declare that either my lord
is deceived himself if he take it for a strong
ar(:uinent, vvhen the opinion of his learning
shall be hindered, or if he use it wittingly
knowing the fault in it, the lack is greater ano-
ther way. But the answer to that argument
dissoUeth all the matter, vvhiereunto 1 have an
answer made 12 C. yea reshy-past, which I
will of my peiil shew if mv lord will avow it
for his argument. And it my lord will send
me the argument of his hand, I will send him
the answer of my hand, whereby shall bhortiy
appear, whether I trille or no. In the latter
end of my last letter to your grace 1 spake of a
determination, thereof 1 ui<»hcd your grace
were author. For wearinrs"* of wniiog I did
not, open what 1 meant in !>p<-cialty, intending
now to begin in tiie middle of ihi> sorrow, with
a merry tale : but a very true tale, nitd not
unmeet to be rehearsed: 'Ihus it happened,
certain doctors of divinity at Pari>, minding
witti uttcrunce of some learning, whereof they
had store, to retjuitea gentleinan that had bid-
den thcni to (hiMier, usiip^ a preface, that as he
had fed them with bodily meat, they would (e^d
him with spiritual food, proponed this question to
be disputed amongst them : Whether the ass that
carried uur Lady and Christ w hen Joseph fled
with thenr into Kgypt, when it carried our oidj
Lady with Christ, m her lap, carried then, ai
{lerfect a burthen^ as when it carried our Ltd/
A!)3] STATE TRIALS, 5 Edw. VI. 1
vicb Cbrist on her lap, mid n Ilea sitiiag on her
head. Ilerfiii ihe doctors were in <;rcat earnest,
luid many tiot arguments were between ihem in
tije matter, witii much expencc of lanj^uagc.
Whctiier our L;uly alone with Christ in her lap,
we.e u> perfect a burthen, as our Lady und
Christ Willi a (lea upon our Lady's head ; I'lic
audience winch was learned, was well chcajed
with laughing, but otlicr cdjHcation the matter
liad nui. And it may be laughed at, when>
>oever it in told, to see in what trilles many
men spend tlieir time : and now I shall bay tiiat
wliich i» bCrangc at the first reading, but it is
tfue. 'I'hc matter ot' iu^titication with only
tiuth juKtilieth, and whether faith cxcludtth
ciiarity in juAtiiicati<«n, pertaineth no more to
tiie use and practise of our Ciiurclt of England,
although in kniMlcilee it be u grave matter,
liian the miling question I rehearsed pertained
to tiie heart-rs eiiiiicaiion in good living: 1 be-
bcecb your grace to know liow X put a ditlL-r.
eace between use and knotvledge. The know-
ledge of justiticatiim as I have said is in learn-
ing of mure weight, and such as for the entreat-
lag of it, many have wept even here at home,
liesiLles those that have wept in Germany, but
tliC use and practise of it is no more necessary
in the state of the Church of Kngland, than is
the hiadling of the otlier question, and for any
uc in the church, the one may be forl)orn as
well as the other considering the baptism of
iifanti, is so duly observed. In which biicra-
nent of baptism all wc he jusiiiicd before we
can talk of this juitification we strive for. And
uaie^s the church leave tiic uf-e to Christian
infants, which shall not he, tlierc cannot be a
Uiuein which the knowledge of tl.c.justiiication
we strive for, can be pniciised : 13ut all men
^hail as we alrca ly liave receive their justifica-
tion in baptism in their infancy. So as the
<l<ictrine ot only faith justiticth, if it were true
lithe tioniily declarcib it is no more necessary
)'jr the present state of the church, tlian to
know whether the burtlicn of our Lady and
Chrirst only were as perfect as the burihen of
our Laiiy und Christ wiik a f!ca silting upon
our I^y'i head, which the solemn doctors of
Paris so earnestly entreated. — Some will say 1
101 waxed mad in piison to compare these two
I'igethcr: Hut as 1 compare them for use and
practise, ths one is as ncce^^'.lry as the other.
And as 1 wa» bold to u^e the merry exuui '.le l.o
imprint t!ic matter the better in your |;i'a(-e*»
ineinorv. I'or it is as I i^av, when we h;ive all
tilled, for we all arc jn.<itifi(-d in L^iptisiii,
)iiunf!lni^ und filling afttfi* baptism, \%e must
krise by ihe !»acramcnt of penance, ulich must
lie confes>.rd of all men, unU^^s they be such
>.<• deny ail sacraments as some liavc done in-
deed, wading »o far in the siftintr of only fail it,
that (hey have left nothing but t'aiih alone, and
yet spent a great deal of their faith in the
handijog of ir, or rather all. And th:it is a
lenernl fault I tiiid, that auch as write in tirat
matter do nut handle it faithfully in ulleri^Ini*
the doiciors uiid scriptures right as they be.
Now if this be tru« that 1 have wriiieii; which
VOL.. J.
531 ,—for opposing the Rtfoitnation. [59 1
is true indeed, were it not an horrible part of
you to say, why trouble ye the \*orld for a
thing not necessary, and so put it from the
country, and make it as it were a checker
chamber case, and so to be sent to the Vm-
versitics, for whom it is meet soberly to talk,
and not for homilies wherein the people shall
hear that they siiall never practi.>c, bccatisc the^
learn it too hite, being juntilied before in their
infancy in baptism. My lord of Canterbury
t'fld me his intent, is only to set out the freedom
of God's mercv, which may be done much more
plamly, with pur ting the people in remembrance
of the constant received faith of the church in
tiie l)aptism of inf.mts, where by such us be
justified and saved in the virtue of Christ'i
passion, as after baptism by malice fall not to
sin, and those must rrturn to Christ by pe-
nance, but such as die (before that acMial sin,
hath defiled their soul ag^tin) if they die in the
innocency received in baptism be absolved.
And yet those children, when they were
christened did nothini; but cry tor cold, or
when tliey were over hard grij)ed for fear of
falling. And \%hen this is believed, is not
God's mercy believed to be ministered after a
most free liberal sort. If my lord of Canter-
bury mind only that the matter shall appear
without sirjiument, as ue pr.icti>e justification
in receiving the Sacrament of Baptism. And
as for justilication by only faith, i-s all out of
use, howsoever ^^e expound i', a? the btatc of
the church is now. And it is a terrible
nr.'tter to think on, to ste "^tu h a conten-
tion to lise upon a luatler not necessary to
be spoken of*, whcriiM if n;y hud of Caiitcr-
burv will lie i-U tru\el, i.iv ;iiiLc'i:tMit is that
he slnll m\cr |iL.iaaiIe «;j.m. l.^iih t \rlu«lctli
ciiiuiiy in justillriiiion, niiK^s he hot-row of
yo.ir j;r;u\;'s authority pri o.-;, and then he
sh:dl pcrcii«fc have vm.e ajiri e unto it, :iS
poor men kneel at Uoino, when lis- bishop
there m>cih by, that is to e:iy : knockvih on
the head \\ith a hail-ert, if le knei-l nor, fi<i*
thai is one piece of tl.e oiVu-l* of tlie bishop of
Koine's 'Tuard. I'inallv t';. ■■ Iialh bi-i^n nol'iinir
(hjiio, hill vour uraci' ii:;*v uv it to the aKC-
mentation of \iur 1: )nor.r. I have t'liiiiiif
more t'l sav, \>M ih-s matter i» oAcr-loiitr
already, and nn* tliinks I li:i\e htcn o\cr-h;iig
i Ill-re, and ^hl:^\il:i: m\s<.if =-o IjiUJiM.- a ."cholar,
as 1 have doM*-, it is iu'kIi i-» le h*. :U«n. he-
Ciiu-e I <lo iiot !e irii whcii- no nf.iii It ;u iietli
I me, und avj ui'l.iiL' to learn as 1 a-k luit ontf
I scri('lure, or » lipturt! tailiui:, a-; ir «i.:h for my
lor-l of ( 'anteil.inv'^ pur|io-«', 1 :'••>:: but oiu*
' nucii'Mt cloctor : this is my «-a..t . l"«.r a.-i li.u( h-
! iiii: any act tA ili-olu.'ii(':;rr, my Io:iN of I ho
' f'liun; il did loi'oce, tii:it I >h<iiil(l ii it f';dl in
j that {i;i!iL»r, ami tlai* '".ro wouhl Ui.-t trust my
: frai'!y !o he in V:c (•,11.1, ly, wl.i n {hv \i'>itiiri
I sijould L<' lli0:«.- : bi t m ■.■!♦' mv -are here lest
I I miiilit have oT-.-iuit.-i, if 1 ha i hriii tliere,
I thou^li I hail bi'i :i t'( v\ \.>ir(!s to >];e>ik, that is
in say, .vaun^; ( ii;il\ I i^^1 and ihe km^'s, yet
they miiiht Ir.v..' het-n Lii-i.-^'-irlcd, iMid -^'t en-
geiirJLied nic m;jrc tioui;lo; und llii> g<>')d X
'2U
595] STATE TRIALS, SEdw. VL 1531 Proceedingi iigain$t Biskcp Gardkir, [596
have of my being here, which I sufier patiently,
and make it no serve for my purpose in my
conceit, as I thank God I have no displeasure
of mind, and only feel buch as the body engen-
dereth for want of some necessaries, whereof
if I may have relief at your grace's band, I will
accept it as thankfully, as any man hath any
benefit at your hand/nnd as inbtantly require
it of you. And yet if I have no other comfort
from your grace than 1 have hitherto bad, I
will think nevertheless as well of your mce as
ever I did, and be only sorry, that in the state
you be in the liberty of doing that your heart
would persuade you, should be straightly en-
closed with respects, as my body is with wakes.
This desiring; your grace to take in good part
niy bold writing to you, I shall make and pray
Almighty God for the presentation of your
person. With increase of honour and felicity.
At the Fleet, or rather in the Fleet. Your
grace's humble headman. 8. W.
Winchester to the Lord Protector,
After my most bumble commendations to
your good grace, upon trust that your srace
would take my letters in good part, and not
otherwise tlian I wrote them. I wrote to your
grace out of this prison, as I was wont to write
to our late sovereign lord, whose soul God
pardon ; when 1 was ambassador, refreshing
myself some time with a merry tale in a sad
matter, which his highness ever passed over
without displeasure, us I trust your grace will
do the semblable. For though some account
roe a papist, yet I cannot play the pope wholly,
as the old term was, 1 dure not use that
severity in writing, which my cause requireth
to speak of God, and his truth in every second
sentence, and become suddenly a prouliet to
your grace, with a new phrase of speech, wiih
whom I have been heretofore so familiarly
converitniit, as I think honour hnth not altered
your grace*s nature, even so adversity hath not
chauged iniue. Of your high place in the
connnon-wealth, no man is more glad than I,
nor no man shall do his duty further than T, to
acknowledge you as your grace is now,. protec-
tor and governor of the realm. But I have
been so traded to speak boldly, that I cannot
change my manner now, when pertmsc it doth
me no good. And ultliough there be an Ita-
lian in prison with me^ in whom I see a like
folly, ^ho living with a little miserably, will
not for liis honour take alms, fancying to be
still in the state he was some time, which mim-
iier I condemn in him, yet I follow him thus
fur, rather to write after my old manner, which
cometb plainly to mind, than to take alms and
aid of emqucnce, wliereof 1 have in tliis state
need. For your grace's letters return every
word of my letters in my neck, and take my
fly as it were a bco, which I thou!;ht should
have stung uo muti, wliich matter in mirth,
dedareth the necessity of the other matter, as
aptly as may be, neither to be necessary.
And when I wrote I forgot as mv felbw pri-
•out r| the Italian doth| Uw state i am in now.
And wrote as I had written from Antwerp in
the state of ambassador. The Italian aj
companion hath his folly of nature, I have it
of custom in bringing up which hath the
effect of nature : and is called of leanied men
another nature. And then the proverb of
gentleness hath place, when men say to him
that is ofiended, you must bear with the man's
nature, and so I trust you will do with me.
Two things there be in your grace's letter,
which I trust I may touch without contention.
One is, that if your grace will in a plain simi-
litude see the issue of faith only, and whether
faith may exclude charity in the office of jus-
tifying, or not, it may be well resembled in
the making of laws in this parliament,
where the Acts be passed by three estates,
which be all three present, and do somewhat
together, and concur to the perfecting of the
law, wherein we may not say that any one
estate only made the law, or that any one es-
tate excludeth the other in the office of making
the law. This may be said, that these three
estates only in respect of the rest of the reafan,
make the hw, and there need no more of the
realm be present but thev. But if we speak
of these three estates within themselves, there
is none estate only, that maketh the law. —
But where the law hath as it were a body and
a soul, llie high house and the low liuuse of
the parliament make as it were the body of
the law, which lieth as it were a dead matter,
such as is not apt to take life till the king's
majesty hath by the breath of his mouth, say-
ing, le Roy le veult^ breathed a full life into it,
in the conclusion besides tlie life the assembly
of the other estates bad by his authority to
assemble, which hud else been a dead assembly,
e^'cn as faith and hope be dead withont chan-
ty : and as the king's majesty in this shniKtude
of making laws excludeth not in office of the
whole the other two estates, no more do the
estates, because they devise and frame laws,
exclude the king's majesty in the office of making
laws, for without his authority they be nothing,
as faith and hope be without charity not effec-
tual. And looK what absurdity and untruth
thb saying hath in this realm to' say the higher
house, and the lower house, exclude the king
in the office of making of laws, tliesame absur-
dity is yet in religion to say, that faith exclud-
eth charity in the office of justification. And
therrfi)reit was never written of ancient writers.
And tlieretbre I dcbired my lord of Canterbury
to shew me but one ; and vot cannot. In our
time this dream hath l>een dreamed without
Scripture, without authority, against Scripture,
and nguinst authority, a» I can sliew. And
furtlier can shew liow this imagination extcnd-
eth «o far by them, that open their mind in it
tliorouahly, as your grace would not at tlie
lii St l)t lieve if I did expresi^^ it. But 1 can shew
that 1 tain nut evidently as clearly for my dis-
charge as I could wish. Another matter of
your grace's letter is, where your grace ree-
soneth with me that 1 am over precise in find-
iog of faults in the Paraphrasis, seeing ereiy
597] STATE TRIALS, 5 Edw. VI. 1551.— fir ^posing tk< Rrformaiion. [398
book hath tome faults. And then your grace
takech not £rasnius for a KOhpel, but as cue in
whom Sfjincwhat may he reprehended or
amended. After which manner of !K)rr, if your
grace take the homilies; as for hke reason in
niyjutlgment they must, for the^' be mrn*s com-
positions, as tiie Paraphrnsis i«, and not the
very gospel itself, why shouM I be kept in
prison, irno oTered to receive the homilies and
Erasmus both, so far as they were not without
fault, eitlier of God's law or the king's: be-
cause I saw the errors before, and spake of
them, I have made more speed to prison than
other have dune, who perca&e for troubling of
their conscieuce have received the books close
«ith such reverence, as becometh men to re-
ceive tliat is sent from their prince, wherein I
vrould ha\ e done as they did, if I hud not seen
Che books before. But I did as I have seen
diver* noMe men do. And among them us 1
remember your grace, when they have bting
feent in ser\-ice to have used sucn diligence, as
10 see their commission and instructions made,
or they went and fmdin^ Romcthing doubtful
or auisis, after the commission was sealed, and
iostructions signed worthy to he amended, have
upon declaration of tlieir mind therein ob-
tained amendment with commendation. Now
I have a chai]{c in the bishopric of Winchester
to see the people fed with wholesome doctrine,
wherein I lie so diligent as to look upon the
Gommission, and considering what I sluiU he
charged with to do, take this or that for a fault
in my Judgment, and labour to have it amended
aberem differ I from other men's diligence.
And how can it be for a fault to say reverently,
to the council ; My lords, me seemeth this
ind this cannot stand together, either instruct
me in them, or amend them, in what nature of
crime should this humility be : am I worthy for
10 saying to be condemned to a perpetual
prison? and to be a clo^e prisoner to speak
with no man, to liear from no man, to talk with
no man, for my household which is a great
uumber, wandering and lamenting for me ? My
rase sliould be in the nature of praise, in the
nature of connnendation, in tiie nature of
thanks, if none other have said that I can say ;
if one only m:m in a realm <>iuth, he knowcth
treason to' subvert the whole realm, and can
kljew evident proof of his so saying, shall he be
}»risoned bec.iuse of good will he olfereth to say
ftiid prove that no man else uttcrcth but he ?
And there wi til offereth to prove that he saith
to be true : it is incredible, that a king should
let Ibrtb a book tending to the subversion of
bis own estate, and therefore tliat I shall say
cuinot touch his ui\jesty, \%ho knoweth not
what is done, as reason judgcih in his tender
■ge; it is also incredible, that your grace beinv
uocle to him, should be content, that any book
ihould be set forth that might tend to the sub-
vmioo of ^JB estate. And I dare say fur your
gniQc, you would not if the bfjok be like tbc
hone that the Trojans received into their city,
wherein the Trojans knew not what was in it,
Im RM be bfardtbal know what is in it, and so
know it, as I can shew it as evidently, as I can
tlie sun and the moon in bright dayH, and bright
nights, when botli shine I do not trifle ««ith my
wit Co undo myself, but tra\el with my hone^ry
to preserve my country, to preserve my prince,
to ureser\'e religion : and this your grace simll
find to be true, wiiich knowing my letters to
be construed to the extremity, I would not
write unless I were furnislied with matter to
discharge my writing, your grace I doubt not
reinembercth Singleton's conspiracy. And
Erasmus hath framed his doctrine, as though
Singleton had required him thereunto. I have
such matter to shew, as though 1 hud niybolf
devised it for my justification. And yet 1 am
reasoned witli, us though one given to lei good
doctrine, to find a knot in a ru!»h, to trouble
good enterpribcs ; afler which sort your grace
IS moved to write unto me, and thereupon I
rem'.iin here still it'ithout hearing, liaxini; such
matter to utter as shall coufound them all ;
which I would not write if I were not c.^suri.(t
for it were a small pleasure to me writing tlius
extremely, to be confounded when 1 bad beeu
heard, and then worthily sent liithcr again for
lying so manifestly, wliich I would think a
worthy punishment, as this is unworthy to be
luindled as I am for virtue, that I dare b:iy the
truth, can declare the abomination of this Pa-
raphrasis, and of thebomily also, in b«>ih which
matters I have shewed all I can shew, I shall
declare I am not worthy to be kept here, and
yet here I have remained this 7 weeks iviihout
speaking with any man saving my physician,
Mho I thank your grace hath done me good:
and yet when men Mie I am thus banished
from the world, so as no man may speak with
me, it is not pleasant for any man to resort
unto me, and that I perceive if my lord of
Canterbury think I will wax mad he is deceived
for I wax every day better learned tlian other,
and find every day somewhat to impui;n the
Paraphrasis and homilies, not by wit or derise,
or other subtiliy, but plain sensible matter if I
may be heard ; aud if^ I be not heard my con-
science telleth me I have done my duty, and
therewith from travel shall apply myself to
prayer, wherein I shall remember the prosper-
ous estate of your grace whom God preserve.
In the Fleet, S. W.
Winchester to the Lord Protector,
After my moat humble commendations to
your good grace, whatsoever your grace's con-
siderations be not to hear me yet, nor answer
me, and howsoever I determine and do bear
patiently the state I am now in, reason never-
thelebs bindeth me to continue my buit, that il'
yonr grace seetb at any time occasion to change
Yuur determination, there shall nothing want
on my behalf to provoke your gnuv so to do :
he tlint is refus«Ni at one time may be heard at
another, and importunity spocdeth when none
other means can prevail. Hcing als(» a fault
in the inferior to dcbpnir of I'le su})rrir)r in bO
reasonable a retjuestas mine is. which fcaunot
do of your grace for other i expects, I have re-
500] STATE TRIALS, 5 Edw. VI. \ 5. i\.-'Procfcd:ni;s against Bishop Gardiner, [6C0
maincd here long unheard of your cracc, in-
closed up more closclvi now dose religions l>c
begun, than ever were any whiles they were
here, no stran;;er nuiy speak wiih mc, 1 cannot
]iave the conipnny of my chaplain, which is
necessary i^r me afier so lontj; time. And if
your grace hatli no leisure to licar me shortly,
I trust vou will wiiliout delay suffer mv chap-
lain to resort unto me, as well as of your gentle-
ness yc have suffered the physician for my body
to come to me, tor the which I most humbly
thank your grace, herein I desire your grare to
answer me l)y this hearer, that I may have
some comfort from you, tor whose pre«er\-Rtion
I shall pray to Ahiiighty God. Your grace's
humble headman. S. W.
Wincliestcr io the Lord Protector,
After my most humble commendations to
your good grace, 1 am very loth, knowin^ yrnr
grace's husmess, to trouble you with many let-
ters, and yet not hearing from your i;race any
thing for answer to mine own letters before
ivritten, I am bO bold to write these, whereivith
to put your griice in remembrance of mine es-
tate in prison, as one dissevered from the use
of his servants and friends, and as it were bu-
ried quick without knowledge of any just cause
wherefore, and witli knowled;!C, by course of
time tiiat now the parliament in he***!!!!, u hereof
1 am a member, unU-s^ my fault had cut me crtf,
and w hereunto 1 was called by v^rit, which I
received before my coming iiither, where I
vronld also giarily i\n nty duty, as I am bounden
if I uere not detained and bounden in prison
from my liberty, that I might so do, wliich al-
legation I make the nuiicr to your grace, to
the intent with the opening of a necessary suit
"worthy to be regarded, I might mini^te^ occa-
siiju to your grace, \\)iereupi>n to shew such
gentleness to mr, as of your own gentle heart,
1 am per^vuaded y»nr i;i ace gladly uoidd, for
vJiM-^e |)ri>trvarioM with inrrt*;ise of l.ononr I
sliidl prny i«) Almiirhry fJod, who have y<»ur
grac^ in his tuition. Yuur grace's humble
bead-man, S. W.
Uinv /tester to the lAvd Protector,
AiiEiv iTiy mo>t humble rommendntions to
vour gocrtl ;tracc'. L cannot dibcus? by con-
jecturi, why e\i'.ienre i** thus put olV in my
catte. thnt ii:uh been wont I'niimioiilv to be
cranied to all men : it it should be of any man
thrr>n:ili polii y, t« iv <•<•;» me Irom the parlia-
ment, it wtTf iidod Kt be rtmeinb«Tcd, wliejiher
mine ab^cnre fr«>m the npj ?t houi»i*, with tht;
ab«en(N' of tjifjse 1 have u^ed to name in the
iioihtT h(iiiM.», will not tngend'. r more cause ot'
i)l»ief lion, if opportunity st:rvo hcrcifter, than
any prt-sencu uirh Mich as I >ho(dd appoint
were then*, tJic hipnification wiiereof is the
chief r-.uise of these I eit'..!.^ ror as I am n«»w
encumbered w;ili 'u-in-i l",cie, Sf» might some be
encumbered therewith hereafter, which shoidd
do mc pleasure : IVIy matter tliat I have to say
toucheth the highest, und is worthy to be heard,
ir^ereuDto my lord of Canterbury can only
answer that lie would never have thought it, or
that he hath been otherwise infonned of tliem
he put in trust, for it would touch him over
nmch to grant he had so much knowledge in
the Paraphrasis, as I now have, and knowing
the same to have advised your grace to set it
! tbrth to the people, I can say much, which is
expedient for your grace to hear and consider,
desiring only this credit of your grace to think
me worthy to be heard, and thereupon give me
audience, I cannot enchant men, ne look not
to be believed in the matter, unless it be so
plain, as no man can gain-say it, and therein
the book to be judge. The nature of my cause
should move your grace, the present assembly
of learned men should move your grace to cele-
brate mine audience : and if your grace knew
what I could say of tlie long letters your grace
sent, good faith, your grace would make so
much the more speed. For whereas the pur-
. poj-e of your grace in these letters is, to alter
my judgment, the handling of the matters is
such, as L am able to shew good cause why
they should as they do, work a contrary effect,
as 1 am able to declare, if ever I come to your
presence. My lord of Canterbury will needs
maintain that our late sovereign lord was se-
duced, and then it is possible that your grace
may be seduced also, and therefore it is good
for vour arace to hear and to hear in time:
wliafioever I have written to ytmrwraceis true,
and I haie not written all the specialties I
know in the greatest matters, which your jrrare
shall perceive to be true, I see evidently, ih:il
unless my matter be very notable, and also
plain, it shall not boot me to nlledge it thus
much, I am learned by your grace's letters, and
therefore if 1 had any cauite to mistrust it, I
would use another mcati whereof in vour »'• ace i
letters I see some comf »rt, but mv mutter is so
plain and so expedient to be understood, that
I nm^t needs liesire your grace to be* heani in
if, wiicrein it mav like vou to ^e'nd me know-
ledge of your plea>ure, and that my suit to your
grace may stand in some stead, for whose pre-
servation in honour I shall daily pray lo Al-
miuhty God, who preserve your grace. In tiie
Fleet. Vour grace's humble bead-man. S. W,
Witichester to the Lord Protector,
Afi er my most humble commendations to
your good grace . In my third letters I M>>nific*d
uiHo your grace my need of the counsel of
physiciiin, as the biate of n^y body then rc-
ipiired : whercnnto because 1 itad no answer, I
iiave used all other means of it: lief, that I c«)uld
to avoid that nred, as one hah to trouble
your grace with re'juests not necessary. Master
Warden of the Fleer, and my servants know ihtt
I fain not, and 1 h<ive cau'^e to tear, the eAect
will shew I f}iiii not indenid. In ihi« case I
may not desperately forbear to write to your
grace, and think that bccnu>e I have had no
answer to all mine o'her letters, among whirh
I made mention of tiiis necessity, that 1 should
likcwi«c liave- none answer to tliik. As I bH^t:
detenained myself to a truth in the chief uiai-
<K)11 STATE TRIALS, 5 Euw. VI. i5jl.— /or opposing the Rrformation. [605
icn, so I eschew to use simulutimi in by-mntters :
my iniDd I tliHhk God was never so quiet, tis
hath been since iny coiiiiiit; liichrr, ivtnch hath
reheved my body much, but the body luith need
of other rehef, which cannoi be hud as I urn
ke|it by command men c. I'he^e 7 weeks s:iv-
ini;one day 1 have been here under such strait
keeping, as I have spoken with no man. And
thus me seemeih I see n.y matter perplexed,
your grace wii] meddle with nuiliing done be-
fore your coming home. And tlioi>e of the
council that iiath sent me hither, can by tliem-
selvea do Dothiii);, now your grace is come
home : upon i^liich consideration I sue to none
of them, and perceive that your ^race to %«hom
I sue, ti»r !»ou)e respect fnrbearcth to make me
answer, for such a Paraphnuis I make of your
grace's silence, wherein I ;;o as near I think
the truth, than Krasmu^ in his P:u^phrasis some
time, whertin lie takcih upon him to euess the
causes of Christ's doings, 1 thank (!od my mind
can lake no hurt, how vehement soever these
temptations be. But wiicn a certain sect of
pbildsopners cailed btuick% contemned in their
learning stoutly the erief and diK'UhC of the
body, they were fain a little to shrink, when
the gout or any disease nipped them, and now
luy stomach nippeth me, which 1 luive favoured
as much as any man in Kngland, and luive
laden it as l:i;ht either with meat or drink oi'
many years,nnd ^|)ecIally ftince my coming hither
as auy other. And after 1 saw I could get no
answer from your grate for a physician, 1 have
left otf such >tu'ly as 1 used, and given myself
In continual walking for exercise, and with hope
of' relief, have delayed any further suit, in that
mtitter till now. And now I sue enforced,
«liich X fin most humbly with requi'^t, that ini-
priyjnmcnt, being to me, that ^as never hi
pri-9on liefore, of ititif loo tedious, be not with
special comuiundmiMit made more grievous, un-
less 1 were charued with oilier olfencc than I
un vet chanied with, or in niv onscience can
be. For me seemcth 1 have deserved thanks
of your grace, and the realm, for the disclosioir
vftlie tauits of the Paraphrasis, wherein I have
»ntien some specialties, but not all; and lia\e
Vich to shew as I may term that hook at one
«'>rd, aliumination, both for the nniiice and
stitruih of much mutter out of Erasmus pen
and aUo tlte arrogant ignorancy of the lran»lu-
torinto Liicl^h coniidi'iine the book should
le autiion'rfrl by a king, and by the injunctions
cburge the realm fur bn\ing rather above
SO,CXX>/. than under, whereof 1 have made ac-
count by estimate of tlie number of buyers, and
llie price of i1h* «« hole hooks : the translator
ihewcth himstlf ignorant, both in Latin and
£oslish, a inun tar unmeet to meddle i\ith .such
a matter, und not tv it hoot malice on bis part,
■hereby your grace may take an aruument,
»bat moved them that counseled your grace to
euibori^e such a book in the realm. As for
BIT lord of 1. untcrbury's homily of salvation
faathas many faults, as I have hern weeks in
pnwn, which l>e 7| liesides the genrrul that the
ttacikr ni'iketb a troable without necessity, and
is handled contrary to the teaching of the par-
liament.— I'mally m the 2 books the matter I
have to show i« some part so dangerous, as af-
ter I knew it as I know it, the concealment
(hereof were a great fault, if I did not utter it.
As for the manner of mine enterprise to utter
it, I know not how to have fashioned it better,
than to %«rite to the council in your absence,
and on my knees to declaie some part of it,
VI hen I came to them rei:eiving their deter-
mination of imprisonment, 1 humbly departed
from them hither without grudge, ntid remain
here without grudge to any one of them, for
they shewed no fushicm ot any evil mind to-
wards me. And I have learned in the civil
law that the deed of a mimher, is no one man'a
act with this also, the authority iii to be ho-
noured, which rule I obser\-e in thought word
and iiv.ed. After which sort I remain with
such suits as I have made to your grace hitherto,
and nith this also tiial 1 add, enforced for the
relief of my body, how little soever I do, and
hrive cause to set by it, which 1 luost humbly
desire yonr grace to con^dcr, and to send me
some answer by this bearer: and I shall prey
Almighty Goci for the pre*-er\'ation of your
grace's felicity. Your grace's humble head-
man. S. W.
Articles and Positions miniitered and oijected^
each of them jointly andsf.rctalfj/, to the Bishop
(if Wuichcstery and contained in a Litter from
the Lord Protector to the said hisUop asfo(»-
Iwceth.
Article t. " Imprimis, That the king*s ma-
jesty justly and rightfully is, and by the laws of
God ought to be supreme head in earth of the
Church of Knglani, and also of Ireland, and so
is by the chrgy of this lealm in their convoca-
tion, and by act of pailiament justly and ar-
cording to the li«w«i ot'(.rod r«:.ogiiist:d.'*
Winchtsttr. This lirst Article the Disl'.op
granieth.
Art. Q. Item, That his majesty, as supreme
head of the said Churches, hath full power aud
authority to make and set forth l:i\\s, injniir-
tions, and orditianres f(ir and concerning rtli-
gion, aiii! orders of the >aid chuiches, tuV the
increa-e of virtue, and rcprcssmg of all errors,
heresies, and other enf>riiiiti«'x, and abuses.
\V. 'Vo ttiis second Arti( ii- he answeretfi af-
firinatively.
•Alt. Ij. Item, l"h:it all and every his traro's
subjects are bound by the biw of (iod to obey
all h>s mnjesty*s said laws, injimrtion^, and })n -
cecilings concerning religion and orders in the
s;iid ClinrLh.
n'. To tl»e third Article the said Dishop
answereth atlirmativflv and "i-antetb it.
Art. -l. Item, 'I hut yon Meven' Hiahop of
i Wincheiter haxc sworn ohcMiience imto his ma-
jesty as supreme hcail of this Church of Eng-
land, und also of Ireland.
ir. To the fonrili Aifir!<\the said Uishop
answereth athnnatiiely and i:;ant( ih it.
Art 5. Item, That all an ! evcrv his cnirc'i
sul^ects, that disobey auy ids n^joty's h.-iid
Uw9, injunetioDs, ordinancesi and proGeediags
Mirwdj tei forth and published^ or hereafter to
be set forth and published, ought worthily to be
punished, accoroiDg to his ecclesiasticai law
used within this his reahn.
W. To this fifth Article the said Bishop
answereth affirmatively and granteth it.
Art. 5* Item, That you the said Bishop as
well in the king's majesty's late visitation within
your diocese, as at sundry times have been
complained upon, and sundry informations
made against you for your doings, sayings, and
preachings against sundry injunctions, orders,
and other proceedings of his majesty, set forth
ibr reformation of errors, superstitions, «nd
other abuses of religion.
W, This Article toucheth other men's acts,
who or how thev have complained or informed, 1
cannot thoroughly tell. For at the time of tlie
king's majesty's visitation I was in the Fleet, a(id
the morrow after Twelfth Day I wasdelifered at
Hampton«court, my lord ot Somerset and mv
lord of Caaterbury then being in council, with
many other counsellors, and was delivered by
these words : The king's majesty hath granted
a general pardon, and by the benefit thereof I
was discharged : whereunto I answered. That I
was learned never to refuse the king's majes-
ty's pardon, and in strength as that was ; and
JT would and did humbly thank his majesty there-
fore, and then they began with me in an article
of learning touchin*^ justification, whereunto
thev willedroe to say my mind ; adding there-
with, that because other leitrned had agreed lo
a form delivered unto me, I should not think I
could alter it : which I received of them, and
Eromised the Thursday after to repair to my
ird of Somerset's house at Sheene, with my
mind written ; which I did, and at that day
teven-night following, appearing before him and
other of the council, was committed to my houiie
for prisoner, because I refused to subcribc to
the form of words and sentences that other had
agreed unto, as they said. In which time of
imprisonment in my house, the bishop of Ro-
chester then being sent to me, and after master
Smith, and then master Cecil, to which master
Cecil, when I had by learning resolved my mind
in the matter, I delivered it, and he delivering
it to my lord's grace, wrote me, in his name,
thanks for it ; and it was within the time of
Lent, ere I was dibchurj^ed of that trouble, and
so weut to Winchester as a man clearly out of
all travel of business. — And within 14 days
after that, or there&t>outs, began other travel
with me, upon a request made by ray lord of
Somerset to surrender a college in Cambridge,
and divers letters were written between his
grace and me in it. Wherein I m'ght perceive
the secretary witli his pen took occasion to
Srick me more, than I trusted my lord's grace
imself would have dune. And by this trouble
was I deduced to an end. Then shortly after
I received letters to come to tiie council, and
by reason I alledged my disease, I was respited
by other letters, and three days before WhiCr
iuntide received yet other letters to come^ by
-^Proceedings against Bishcp Gardmer^ [604
which it might seem unto me, that it was not
of all believed tliat I was diseased. And there-
fore with all expedition, when I could not ride»
I came in an horse litter, and according to my
duty presented myself to mv lords of the coun-
cil, who all then entertained me secretly among
them before the matters were objected unto me,
as if 'I bad been in the same place with them
that I was in our late sovereign lord's days.
Afterwards my lord of Somerset's grace chai^ged
me with these matters following, and in this
form, having the articles written in a paper.-*
First, with disobedience that I came not at hit
sending for. Whereunto I answered, That I
had liis letters of licence to stay till I might
come conveniently. And upon these last letters
I came incontinently in a horse litter. Then it
was objected, That I bare palms, and crept to
the cross. Whereto I answered. That they were
misinformed, and I trusted they would not think
I durst deny it, if I had done it, because cere-
monies had such circumstances, as I mkht ea-
sily be reproved if it were otherwise. Then it
was objected. That at Easter I had a solemn
sepulchre in the church, and such other cer^
monies. I answered, lliat I had even as many
as the king's majesty's proclamations com-
manded me : declaring plainly. That 1 thought
it not expedient to make any alteration, where*
m to of&nd the kiug*s majesty's proclamation;
adding how lie that folio weth as he is com-
manded is very obedient. — It was then objected
unto me. That I went about to deface two of
the king's majesty's chaplains, sent down to be
omons of tlie church of Winchester. Where-
unto I answered, declaring the fact truly as it
was, which I am vet able to justify. After this
matter thus oft objected and answered, 1 was
commanded to go apart, and being called in
again, my lord of Somerset's grace, looking upon
a bill of articles, said I had preached how the
apostles went front tlie presence of the council,
of the council, of the council ;* which matter I
denied, adding, That it was not my fashion of
preaching, so to play iu iteration of words.—
After that, it was objected unto me for preach*
ing of the sacrament, to say, the body of Christ
was * reaMy' present, being a fault to use the word
^ really,' not comprised in the scripture. Where*
unto I answered, That I did not use the word
* really,' which needcth not. For as I once heard
my lord of Canterbury reason against one Lam-
bert in the presence of tlie king's majesty that
dead is; the words of the scripture, * This is my
body that shall be betrayed for you,' do plainly
and lively express the very presence, and so
did I set It forth to the people in my diocese.*-
And this is the effect of all tliat was said agaiiitt
me at my being at tike council, as I can re-
member. To whom I declared how mudi I
esteemed obedience, and told them I had
taught in my diocese, how the whole life of a
Chnstian man consisteth in sulfering proucriy ;
and therefore we may not do our own will, but
(he will of God : and among men, we must
* Sic Grig*
005] CTATE TRIALS 5 £dw. VL 1551.— /or cppoimg the Rtformaiion. [000
either nfier the rulcn will, or their power;
their will to order us, and their power tu punish
lis. After declaration whereof, nij lord of
Somerset saidy Ye must tarry in tlie town.
Whereunto I answered, I would be contented
at their commandment or pleasure to tarry ;
but seeing I was no offender, I desired them I
mi^bt not tarry as an offender : and tor decla-
ntMia tliereof that I might have some house in
the country about London, to remove unto for
a shift. In devisine whereof I stuck much to
borrow Asshar. My lord of Somerset said, if
he bttd any, in faith he would lend me one.
And in the end my lord of Somerset desired me
to write what my mind wos in ceremonies, and
toieod it unto htm, and with that departed. —
Thus I have truly opened after what sort I have
been complained on, that hath ccrtaini v come
to my knowledge; truth it is, that one Philpot
in Westminster, whom I accounted altered in
fab wits, as I have heard, devised talcs of me,
Ihi specialities whereof I never was called to
aaiwer unto. Players and minstrels also rail-
ed on me, and others made ballads and rhymes
ofiae, but never man had just cause to com-
plain of any my sayings, doings, or preacUings,
orto my knowledge did, ochenvise tliaii afore.
And if any man shall put mo in remembrance
of any other complaint that might in my ab-
sence be made or me, if I have heani it, 1 will
^rant so. But well assured 1 am, I was never
complained on, and called to make answer to
the complaint, but this one time in all my
whole lite hy any man of any di^ee. Once
the lord Cromwell, God pardon his soul and
A>fgive him, caused one day and a half to be
t|jent in a matter between sir Francis I3rian
■nd me, which was euded, and I declared an
honest mnn, which the king's majesty that dead
i», Ood pardon his i>oul, set forth with his fanii-
liariiy to me incontinently. And this is all tlie
trouhie that I have IkuI in my life, saving the
lending to the Fleet, being occasioned by my
own letter to the council, upon u zeal tliat I
htid, which they allowed nut. Anrl finally,
this sending of uic tu the Tower ; which was
«i(Iir«ut calliii;; me before the council, to hear
wluu 1 could say. 1 am loth to \ye forsworn,
and therefore I siccount all tlie complaints in
ny whole life made aguinst me w hereunto I
have been made privy.
Art. 7. Item, Tiuu after and upon occa«
iiou of tlwise and many other complaints and
informations, you have been sundry tiiiic» ad-
monished, commanded and enjoined to con-
form yourself, us to your duly a|)pcrtHiucd.
IK To this seventh iiiliule 1 answer ; I was
ne»er called afore the ruuncii by way of out-
laid complaint and infoinialion, but only once
in ull my whole lite, wliiih tvas at my last com-
ing to I^ndon. Wbereunto I answered as
alore, and h^ive told tlit^ form and proco^s uf
speech tu serve for furniture of answer to thi^
iAd that article : fir>r other than I have bi^l'ore
irrftten 1 remember not to have done or suffer-
ed by the biiflier powers in all my whole life,
iitkiDj coming into the Tower, without that 1
have had any by-admonitions, as a man faulty
or negligent at any time, that I remember not,
for the observation of any thing already made
or set forth by the king's majesty that now is,
but have kept, and caused to be kept to my
power the king's majcstj^'s acts, statutes, in-
junctions, and procliunations inviolably, having
for tl^at purpose such a chancellor, as in orders
and 6rdinances hath been always himself dili-
gent and precise, for that time I might liave
knowledge of his doings.
Art. 8. Item, That after tlie premises, and
for that tlu)sc former admonitions and com*
mandments notwithstanding, you did yet still
shew yourself not conformable, and for that
also others by your example were much ani-
mated, and diercby occasion of much unquiet-
ness ministered among the people, you were
called before the king's majesty's council in the
month of June, in the second year of his ma-
jesty's reign, and by them on his majesty's be-
nalf commanded to preach a sermon before his
majesty, and therein to declare the justness
and godliness of his majesty's father in nis pro-
ceedings upon certain matters partly mention-
ed in certain articles to you delivered in writ-
ing, and partly otherwise declared unto you.
Tlie effect whereof was touching the usurped
power and authority of the bishop of Homo,
tliat the same w.is justly and eodly taken awuy
ill this realm and other tlic kmg*s majesty's do-
minions ; touching the just suppressing and
taking away of monasteries and religious houses^
of pilgrimages, rcliqucs, shi-ines, images. Tlie
superstitious going about of St. Nicliolas bi-
shop, St. Kdnmnd, St. Katliurine, St. Clement,
and hucli like ; and jusi taking away of chan-
tries, abbeys and colleges, hnlluwing of candles,
water, ashes, palm, holy bread, beads, creeping
to the cross, and such like. Also, touching the
setting forth of the king's majesty's authority
in bis young years to be as great as if his high-
ness were of many more years. That auricular
confession is indifferent, and of no necessity by
the law of God ; and touching the proi;c«>sioii
and conmion prayer in £ni:1i^li.
W. This Article being cf so many parts as
it is, some true, some otlioniisc, must be an-
swered by division of it into divers members,
to divide the one from the other, granting that
which is true, denying that vhicli is otherni^e,
and oj>eTnn«; th'.it N\h!ch is ambiguous, avoiding
that \\iiic.li IS capiious ; so us, according to my
oath, 1 may open directly nnd plainly tlie truth,
with liiieerity ut' conscience. The motion of
preaching was made unto me in mine own
house by niaster Crcii, u pon the duke of So-
merset's behalf, afler 1 liad been before the
council, as I ha\e before said ; from which
council I departed, as be fire is rehearsed, as
no offender; and tlurefure whrn m:ister Cecil
spake to me of prcHrhin<£ b<;lbre the king's ma-
jesty, with re<^uc!*t L • write my sermon before,
1 denied that manner of preaching, because I
said it was to preach lii. :e an offender, and I
was none, but dcparteil from the council other-
wise, as I have before bl Kwed. And t!ie said
\
607] STATE TRIALS, 5 Edw. VL 1551.
master Cecil did nut say to me that I was
moved to preach, because 1 was not coiifonna-
ble ; tor I had at that time uo manner of vari-
ance with the council, but was hi all conformity
with them, for any tiling that I know, us I will
answer afore God. — As for eiil example, to
any man, I could none gi^e^ for I ne\er offend-
ed Uw, statute, or firoclamation in this rcidin,
lie did ever any act to the impairing of due
obedience to the king's majesty hi all my whok
life ; but by observation of t'hem, and let tint;
innovations, have done as much as in me lay
to maintain obedience. — Afier nia>ter Cecil
had spoken to me of ])reaching, and dehvcred
two papers contQiniu>; liie matiers whereupon
I should intreat, because 1 refused to ^ive my
sermon in writing, \\ hich was to me like an ot-
tender, or to read thoite papers of another
man's device, as the cunceptiun and sincere
manner of utterin<! of mine own conscience,
vihidi me ihouKJit then bince, and yer, a mar-
vellous unreasonable matter, tfjuchinfr both my
conscience and honest v, 1 wes then set to the
duke of Sonier-^ct's {^race's chamber, and came
in at a back door to himself alone, saving he
took to him as witness he said, the lord notv of
AViltshire, then j;reat master ; and after many
words, he shewed uie certain ai tides subacrih-
ed by lawyers, what a bishop might command,
and what the king might command, and wiiat
t>ain to the disobcyer. — To whom 1 said plain-
y and truly, how those lawyers buhscription
could not serve in this case to command me
to utter to the people, for mine own devise in
words, that which is not indeed so ; and if I
might speak with these lawyers, I said, his grace
should soon perceive them to agree with mc.
My lord said, I should speak wiiii no man, and
I bhould do as I was bidden, or do worse, and
bad me advise me till dinner wa& done. And
then was I conveyed bv the lord «:reat master
to liis chamber, and there left alone to dine, as
was indeed honourably ))rejiarcd. lint I look
myself to be in the nature of a prisoner, and a
restrained man. — And about two ot the r-Iurk
at afternoon came unto me ma>tcr Tlionia^
Smith, then secretary, unto whotn I complaint d
of the unrcasouablene»s of the matter, and
shewed him certain particularities ; who said
it was not meant su precisely, but to ^peak ot'
the matters. To nhom I said, 1 wai content
tij Speuk of the matters, and then if 1 speak not
according to the truti) of tltL:n, there >houiil he
enough to bear witno'ss to my iondeinnation,
and if 1 ^peak the truth, tlii u ll>ey iu'd their
desire. And I said further, I (houLht I niii^iit
with my conscience bay i;o as men ou^iit and
should be content and satisfied. And further,
if I thought that in luy manner of the uttering
of iho^e matters I sliuuld olfend the en unci), 1
had ratlier deny tu speak of the tiling, aiul
besin (he contention secretly with them, ihaii
CO oegia with nuliiit. and lo briDx myself in
farther ti iveibre if
li«t
— Procctdi»<yf against 'Bishop Gardiner, "[fitJS
brought up to my lord of Somerset's chamber,
and there the matter ended thus, that my lord
of Somerset said he would require no writing
of mc, but remit it to me, so I spake of ilie
matters in the papers delivered me hy master
Cecil. I told him I would speak of them, sav"
iog for chJIdrens' toys, of going about of Saint
Nichohis, and Saint Clement. If that be iiovr
go. le, quoth I, and forgotten, if I be too busy
in rehearsal of them, they will say I cumber
their heads with ceremonies, and thus they
will defame me. When ceremonies were plenty,
they will say, I did nothini: hut }ireachoii thera,
and now they be gone, 1 luihble of them still,
I said 1 would teach the chief points, adding
that I would speak of othtr matters also, and
%viih that, being [»ut to my liberty to chooae the
day, departed ; and otherwise 1 \vas not spoken
with concerning preaching, saving after Master
Cecil came unto mc, wiicreof 1 shall speak
anon. — And concerning the maiters to be
spoken of, all such thinc;s as be here ichearsed
be named in the papers delivered unto me,
although not altogether after this sort ; sating
the setting forth of the kind's majc*sty's autlio-
ritv in his niinority, whereof lliere is no word
m those papers, now was there ever any pro-
mise made of me to .speak of it. Truth it is,
that after I had sierniiied thedaiy when 1 would
preach. Master Cecil came unto ine, making
the chief message to know the day wiieii 1
would preach: to whom 1 had sent wurd befuie
that it should be St. Peter's dav, because
me thought the (lospel served well for that
purpose, and in process of commuiiicaiion he
told me that he liked gaily well a wtird that I
had said in another communication, how a
king wa6 as much a king at one year of age as
at an hundred years of age, and if 1 touched
it, he thought it would be well taken. 1 told
him a^aiii, every man knew thai, and then
opcnt li of inv^elt the matter further. And at
hii next rc]>air unto nie, which was the Mon-
day before I prcaehed, the said .Master Cecil
hro'.iiiht me [uipLTS i)f ihc kind's ni:;jrr>ty's hand,
hheuingim* how I lie kiiit!*!> hi^ilincs^ used tu
note e\L'ry notal.K sentence, and specially if it
toucheil a king; and therefore ((piolli lie) if )'C
speak of a king, \e must ji>ui counsel with all.
WJKreunto I made no uii>\%er, but shilted to
other matter, without making him any promise,
or denial, becau^e 1 would iieilher hind myself,
nor tmuhle iiiy»elt' to di:<cuss that matter. Fur
alhett it is godly and wi<.ely done of every prince
to ii^e counsel ; ytt, s|<eakin>; of a kiiig*^ power
hy Script me, 1 cannot hy c\prc»b Scripture
Initit the king's power by couii'^el. And hear-
ing blindly by report some secret mattt'r, tlurt
I will not speak of here, 1 tliought not to med-
dle with it at ail in the pulpit ; und yet to the
eifcet to ha\e onr sovereign lord now obeyed,
of which mind 1 was ever, I pointed to our
sovereign loi d there in presence, und said he
was only to be obeyed, and 1 would have hue
one king, and other words to that purpose*
But for any promise to be made by me, I u^
Mljf.deay 'it, and tell plainly the cause wly I
909} STATE TRIALS, 5 Edw. VI. 1551.— /or apposing the Brfomatim. [610
spake not otherwise of it. Tliere was also, in
tlie pa[ier8 delivered unco me, occabiun given
me tu speak of the mnss, because of masses
satisfactory, as some understHiid them. And
also there was occasion to speak of the sacra-
ment of the altar, becouse of tiie proclamation
passed of the same, which lo be true, 1 slmii ;
justify by the said papers.
Art. 9. item, Tbu you receiving the same;
and pnimiains to declare the same in a scnnou
by you made before his majesty for that purpose
on the feast of St. Peter in the b:iid seccmd year
of his reif^o, did then and there contemptuousiy
and disiobediently omit to declare and set forth
niany or' the said matters, and of divers other
of the said articles ^ou spake and uttered your
inind in such doubtful sort, as the justness and
godliness of his majesty's father's and his pro-
ceedings was not tet forth according to the
coumiandmeut given unto you, and your own
promise, to the great offence of the hearers,
and manifest contempt of his majesty, and dan-
lerous example of others.
W, Touching that promise I answer as be-
fore ; an^ as touching omission of that I should
hare spoken of, by contempt or disobedience,
I answer by mine oath ; I did not omit any
thing (if I did omit it) by contempt or disob^
dience ; for I ever minded to satisfy the pro-
mise, to speak of all matters in (hose papers
according to my former declaration. And if I
did percase omit any thing, whereof I can make
now no assuraace, it being two years and a
balf past since I preached) but if I did omit
any tlung, lie who knew my travel in the mat-
ter, would not marvel, being troubled with a
letter sent from the duke of .Somerset, whereof
I shall speak after. So as from ibur of the
dock on Thursday, till I had done my sermon
on the Friday, I did neither drink, eat, nor
deep, so caretid was I to puss over the travel
of preaching without all slander of the truth,
aad with satisfaction of my promise, and dis-
charge of my dnty to God and the king's most
excellent majesty. Wherein, whether any
thing were omitted or not, I could have an-
swered mure precisely than 1 can now, if ac-
cording to my most instant suit, and the suit
of my servants, the matter had been heard
while it was in fresh memory. But because
omission may be by infirmity of nature, in
which oblivion is a pain of our original sin, in
which case it is no mortal offence, if a man
being put in remembrance will pun^e it; 1
therefore, according to the true testimony of
nine own conscience, dare the more boldly
deny all contempt and disobedience, having for
my declaration a general sentence spoken in
my sermon, that I agreed with the upper port in
their laws, orders and commandments, or such
like words, and fonnd fault only in the lower
part. By which ^enrence it appeared, how I
allowed in the whole (hat w.is past hiiherto,
and only dissented from the doings of them tliui
attempt innovutioHA of their own prcjiiunptioii.
Aad furthermore 1 sHy, That titat bayin^ (omis-
•ion) here objecied unto me, if it were true, as
VOL. I.
I know it not to be, may happen two ways ;
one way by infirmity of nature, another way of
purpose. Charity of a Christian man permit-
tcth not to determine the worst of that which is
doubtful and ambiguous to both parties : as
touching doubtfulness objected, I take God to
record, I minded to speak simply, and to be
on the kinj;'» majesty's side only, mid not to go
invisible in the world, with ambiguities, e-steem-
iiiiS him, c^c. The worst man of all is he, that
will make himself a lock of words and sptech,
which is known not to be my fashion, nor do [
think this life worth that dis^imulutiiju, and how
can that be a d<mbttiil speech in hin), that pro-
fcsseth to agree with the king*s laws, injunc-
tions and stinutes, which I did expressly ? There
be that call in duubt whatsi)ever servcth not
their appetite. It is not in the speaker to sa-
tisfy the hearer that will doubt where doubt is
not. The sum of my teaching was, that all visi-
ble things be ordered to scn'e us, which we
may in convenient service use. And when we
ser\'e them, that is an abuse, and may then, at
the ruler's pleasure, unless scripture appointeth a
special use of them, be corrected in that use, or
taken awa^ for reformation. And this is a
plain teaching that hath no doubt in it, but a
yea and nay on both tides, without a mean to
make a doubt, A nd if any tlwt doubteth com-
eth unto me, I will resolve liini the doubt as I
can. And if I promised to speak plainly, or am
commanded to speak plainly, ana cannot, then
is my fault to promise only in the nature of folly
and ignorance, whercuntn I resort, not for a
shift, whereof indeed I profess the knowledge,
hut to shew how sometime to my hinderance I
am noted learned, that can speak plainly, and
yet speak doubtfully, otherwhiles am rejected
as one that uudentandeth not the matter at all.
As touching contempt, there can be none ma-
nifest that proceedcth of a privy promise ; if I
had broken it, I intended not, but intended to
take it, o^ nppeareth by my general sentence,
to agree with the superiors, and only find iaulc
in the inferior subjects, who daily transgress
the king's majesty's proclamations and other,
whereof I spake tlien.
Article 10th. Item, that you being also
commanded on his majesty's behalf, for
avoiding of tumult, and for other great con-»
siderations, inhibited to treat of any matter
in controversy concerning the mass, and of
the communion, then, commonly called the
sacrament of the altar, did contrary to the
said commandment and inhibition, declare
divers your judgments and opinions in the
sauie,«n the manifrat contempt of his highnets's
said inliihition, to the great otfence of the liear-
ers, and disturbance of common quiet and
unitv of the realm.
\V. lo the tiMith Article the Faid bishop an-
swered, that the Wedne&duy at afternoon, next
liLlore the Friday when 1 preached, M. Cccd
fame to inc, and having in all his other accesses
spoken lio uord (i-.ertof, did then utter and
astvihc nie from the D. of ^^olner»el, that 1 «hi>uid
not »p«>ak of the sacrament or of the oulmI)
2 K
611] STAIX TRIALS, 5 Edw. VI. I jo \. ^Proceedings againit Bishop Gardmar^ [6V£
whereby he said I should avnid trouble. And
when he saw ine not to take it well, I mean,
quoth he, doubtful matters. I asked him what ?
he'teid tranbubstaiitiiition. 1 told him he wist
not what transub<)taiitia'ioii meant. I will
preachy quoth I, the %'cry presence of Ciirist's
inoi>t precious body and blood in tlie sacrament,
which is the Cattiolic faith, and no doubtful
matter, ne yet in controversy, saving that cer-
tain unlearned speak of it they wot not what.
And among the matters, quoth I, whereof I
have promised to speak, I must by special
words speak of the sacrnnicnt and ot the mass
also. 'And when I shall so speak of them, 1
will not forbear to utter my faith and true be-
lief therein, wh-ch I think necessary for Hhe
kiui^'s majesty t > know ; and therefore if I wist
tr) be hanged when I came dotvn, I would speak
it. Which plain zeal of my conscience, ground-
ed upon God's commandment to do his message
truly, I would not hide, but utter so, as my lord
should, if he would not tiavc it spoken of, not
let me to come there as he might have done :
whereas else, if I had had a deceitful purpose,
I might have accepted the advice, and without
any colour of trouble have refused to follow it
SIS a tiling grounded upon wealth only, as it %vas
then uttered. With this mv answer M. Cecil
departed, and upon the Thursday which was
the nexf day following, and the evening before
I prt ached between three and four at after-
noon. I received a letter signed with the hand
of tl.-e duke of Somerset, the copy whereof I
am ready to exhibit, and took it then and es-
teemed It so now to contain no efiectual inhi-
bition wljereunto I might bv God's law, or the
king*s majesty's laws, mith diseJiarge of my con-
science and duty obey, althou;;h the said letters
had been, as they were not, in such terms framed, .
as had precisely forbidden me, as they did not,
but only uttered to speak of matters in con-
troversy of the sacrament which indeed I did not,
but only uttered a truth to my conscience most
certainly persuaded of the nuxit holy sacra-
ment, neccsNarv to be known to the king's ma-
jesty, and to be uttered by me admitted to
that place of preaching, from whence God com-
niandetb liis truth to be uttered, which in this
nature of truth, the undue estimation and use
M-bercof Saint Paul threateneth with tempond
death, may in no wise be omitted. So as i was
and urn persuaded the right estimation of the
sacrament t(» be to acknowle<l<:e the very pre-
sence of the same most pricious body and
blood present in the sacrament to feed us, that
was given to redeem us. If I shewed not my
sovereign lord the truth thereof, I for my part
sutfer hun wittingly to fall into that extreme
danger of body, wiiich Saint Paul threateneth,
whose person \ am liound by nature, by special
oaths, and by God's law», to presen'e to my
power, ns I %vitl do, and nmst do by all ways
and means. And if the kini;*s majesty doth
vouclisafe to teach his people not to obey his
commandment, where God comma ndcili the
contrary, 1 nii;;ht not take my lord of -^oiner-
ftrta letter for an inhibition tu bold my peace,
when God biddeth me to speak, as he doch
when the wolf cometh, and not to hide myself
in silence, which is the most shameful ruiming
away of all. I have much matter to alledge
against the letter why I should- not credit it,
written in his name atone, against a common
letter, us I took it, written by him and the
Council, and published in print the first day of
the said month, which muintaineth my preach-
ing of (he sacrament and maAS, according to
the proclamation and injunctions, tlie vialaiion
of which public letters, had been a disorder
and contempt, whereas I neither otfended in
Che one, nor the other. — And as fur tumolt,
none could reasonably be feared of any thing
spoken agreeable to the king's majesty's laws,
as there did follow none, nor the people, nor
any man did offer my person any wrong, or
make tumult against me : notwithstanding,
players, jesters, rhymers, ballad-makers, didsii:-
nify me to be of the true catholic faith, which I
according to my duty declared to tlie king't
majesty, from whom I may hide no truth tlvit
I think expedient for him to know. And ai
the name of God cannot be used of any crea-
ture against God, no more can the king's name
be used of any subject against his highness.
Wherefore seeing the :tbuse of this holy sacni^
ment hath in it a danger assured by scripture
of body and soul; whosoever is persu acted in
the catholic faith as I am, findcth himself so
burdened to utter that unto his majesty, as no
worldly loss can let him to do his duty in tlmt
behalf, and much less my lord's private letters
written without other of the council's hands.
Art. 11. Item, lliat after tlie premises,
viz. in the month of May or June or one of
them, in the third year of his highness reign^
his majesty sent cfisoons unto you to know
your conformity towards his said reformations,
and specially touching the book of commoa
prayer, then lately set forth by his majesty,
whcreunto you at the same time refused to,
shew yourself conformable.
\V. To the 11th Article : for answer and de-
claration thereof, lie said, the next day lit af*
ternoon after he hud preache<l, when he looked
for no such matter, came to his house the right
worshipful sir Anthony Wingfield, and sir llafe
Sadler, knights, accompanied with a great num-
ber of tlic ^uard, and used themselves for their
part accordmg to their worships, and (I doubt
not) as they were appointed, and sir Rafe*
Sadler began thus witn me; My lord, said he,
ye preached yesterday obedience, but ye did
not obey yourself, and went forth with his
message very soberly, as he can, and discreetly.
I nsked him wherein I obeyed not. He said,
touching my lord of Somerset's letter: Master
Sadler, quoth I, I prny yon say unto my It>rd*t
grace, 1 would he never made mention of that
letter fur the love I bear him. And yet, quoth
1, L have not broken that letter, and I was
minded, quoth I, to have written to my lord
upon tiie receipt of it, and lo, tjuoth I, ye may
sec how I began, and shewed him (bemuse «e
were tlien in roy study) the begiuning of my
(51 1] STATE TRiAtS', 5 Edw. VI. \ 55}. ^for opposing the Rrfonnaiior. [(51
letter, and reasoned with him for the declara-
tion of mvself, and told hiin therewith^ I will
not spend, quoth I, msniy words with you, for I
cannot alter thii determination. And yet in
^otid fnithy quoth I, my manner to you, and
this declaration mny have this effect, 'tii:it I be
gently liandled in the prison, and for that pur-
pose I pray you nmkc suit on my behalf. —
boater Winj;ficld laid his luind on my shoulder
and arrested me in the kiii<;*s name f 'r (iis'>be-
dience. I asked him whiiher I slioiild ? They
said to the Tower. Finally 1 desired them that
I might be spoken with shoitly, and heard what
I could say for myself, and prayed them to be
sailers in it, and so they said ihey would. —
After that I wiis once in the Tower, until it was
within six days of unc whole year, I could lumr
no manner, word, mcssafjre, comfort, or relief,
saving once when [ was sick, and mc thought
loine extremity towards me, my chaplain had
leave to como to me once, and then denied
•gain, being answere<l, that my fever was but a
tertian, w hich my said chaplain told me \\ heu
be came to me at the Easter fullowiii<!, and
there being with me from the morning till night
on Easter day departed, and for no suit could
I e\'er hai'e him since. To master Lieutenant
I roade divers suits to provoke the duke of So-
merset's grace to hear me -. and if I might have
tlie liberty of an Englishman, I would phiinly
declare I had neither offtrndcd law, statute, act,
proclamation, nor his own letter neither ; but
•11 would not help, and I shall report me to
Mr. Lieutenant wnether in all this time I ma-
ligned, grudged, or.used any unseemly words,
ever dcmiuidin^ justice, and to be heard ac-
cording to justice. When I had been thus in
the Tower one whole year within six days or
seven, as I remember, came to the Tower the
lord chancellor of England, now being the lord
treasurer, and master secretary Peter, who cali-
iog me unto them, as I remember, entered
thus ; they said they had brought with them a
book passed by the parliament, which they
^ould 1 should look on, and inxy my mind to it,
tnd upon my confonnity in ir, my lord of So-
merset would be suiter to the king*s majesty for
mercy to be ministered to me. W hereunto
I answered, that I trusted if I might be heard, the
king's majesty'!) justice would relieve me, which
I had long sued for, and could not be heard.
And to sue for, mercy, quoth I, when I have
not in my conscience oiFended, and also to sue
eat of this place, %vhcrc asking of mercy im-
plieth a further suspicion than I would be for
•11 the world touched in, were not expedient ;
and therefore, quoth I, not guilty, is and hath
been continually allowed a good plea for a pri-
soner. Tlien my lord said, why quoth he, were
je not commanded to preach of the king's au-
thority in his young ago, and did not } I told
him I was not commanded. Is not, quoth he,
that article in the papers ye had delivered you ?
I assured him no. — And after communication
of the king's majesty's auth&rity wherein was
r.o disagreement, tlien my lord duuicellor said
I had diiobejcd my lorcl't gracc-'tf letter. I
I
told him I thought not, and if the matter came
to judgment it should appear. And then I
said to him. My h)rd, how many open injunc-
tions under scsil and in open court have been
broken in this realm .^ the ptmi^'huieni whcM-eof
hath not lu.'en handled after this sort, and yit
I would stanri in defence that I have not br(»kcn
his letter, weighing the words of his letter,
wherein 1 reasoned with master serrttarv
•
Peter what a cuntroversv was, and some part
wliut I could say furihc r. But whatsoever I
can say, quoth 1, you nm^t jodpe it, and for
the pa^bion of God do it, .'incl tht?o let me sue
fur mercy, when the natue of the otVci'.cc is
known, if I will have it. But when I am,
quoth I, declared nu otfendcr, I will with hu-
mility of suflcring make amends to the king's
majesty, so far as I am able; for I should never
offend him, and much less in his young age. —
My lord chancellor then sheweci me the be-
ginning of the act for common prayer, how
danirerous it was to break the oriier of it. I
told him that it was tiue, and therefore if 1
came abroad, I would be well atvure nf it. But.
it is, quoth I, iiftar in the act, how no man
should be troubled for this act, unless he were
first indicted, and therefore (quoth I) I may
not be kept in prison for this act. Ah (quoth
he) I perceive ye know the law well enough.
I told him my chaplain had brought it unto uje
the afternoon before. Then they required ine
to look on the book, and to say my mind in it ;
I answered that I thou;;ht not nieet to yield
myaelf a scholar to go to school in pri(*ui), and
then slander myself as thou'ih 1 redeemed m?
faults wit)) my conscience. As touching the
law which I know, I will honoor it liUe a
subject, and if I keep it not. will willingly
sulfer the pain of it. And what more confor-
mity I should shew, I cannot tell; for mine
oflfences be past if there be any. If I have
not suffered enough, I will suffer more, if upon
examination I be found faulty : and as for this
new law, if I keep it not, punish me likewise.
— Then my lord chancellor asked me whether
I would nut desire the king's majesty to he my
good lord. At which words 1 said : Alas my lord,
quoth I, do ye think that I have so forgotten
myself? My duty, quoth I, reqoirelh so, and
I will on my knees desire him to he my good
lord, and my lord protector also, quoth I : That i*
well said, quoiti my lord chancellor. And what
will he say further? quoth my lord chancellor,
in good faith, quoth 1, this, that I thought when
I had preached, that I had not offended at all,
and think so still, and had it not been for the
article of the supremacy, I would have lather
fained myself sick, than be occiision of this that
hath followed ; but going to the pulpit, I must
needs say as I said. Welt, quoth my lord chan-
cellor, let ns go to our purpose again. Ye will,
quoth he, desire the king's majesty to be your
good lord, and the lord protect'T also, and ve
«ay ye thought not to have ollcnded. All tU'n,
I will say, quoth I; and ye will (quoth my lord
chancellor) submit yourself to be oniered by
my lord protector. Nay, quoth I, by the law;
015] STATE TRIALS, 5 Edw. VJ. \5bU— Proceedings agairM BisJiop GaririKr, [01(1
for my lord protector, quoth I, hath scourged
zne over buie this year, to put my matter in riik
hands now. And in the latter p«>int I varied
^i(h my lord chancellor, i%heii I would not
refer my order to my lord protector, but to the
law ; and stajini: ac thib point tliey Merc con-
tent to tyrant me ot* their gentlcne&s to male
their suit to procure mc fj be heard, and t>>
obtain me liberty to go in the gallery, and tliat
I should he^r ui one of them within two days
following. I desiretl them to remember iluit
I refuaed not the book by way rif contempt,
nor in any evil manner, but that I was hiih t •
yield myself a scholar in the Tov^er, and to be
seen tu redeem my faults, if I h.id any, with
my conscience. My body, 1 said, should serve
my conscience, but mit contrary wii>c. And
this is the truth, upon my conscic ncc and oath,
that w as done and said at their coming. 1 here
Wits more said to the rmrposcs aforesaid. And
I bind not myself to the precise form of words,
hut to the substance of the matter and fashion
of the entreating. So near as I can remember
I have truly discharged mine oath. But I
heard oo more of my matter in one w hole year
after almost, witliin fourteen days, notwith-
standing two letters written by me to the coun-
cil, of most humble request to be heard ac-
cording to justice. And tlien at the end of
two years almost, came unto me tlie duke of
Somerset, with other of the council ; wliich
matter because it is left out here, I shall not
touch, hut prepare it in a matter apart, for de-
claration of my behaviour at all times.
Art. 13. Item, That after that, &c. the ninth
day of July, in tlic fourth year of his majesty*s
reign, his higlmess sent unto you his grace's let-
ters, with H certain submission and articles,
whcrcunto his grace willed and commanded you
to subscribe. To wiiich submission you con-
temp tuou'>ly refused to subscribe.
\V. To the tvi clfrh Anicle, for answer there-
unto, he iimnted that about the lime mentioned
in this iirtidf, the lord tre;isurer, the earl of
W.'iniv-i(.k I'lrd t*reat master, sir William Ilar-
hert, and mnsfci secretary Peter came to the
Tower, and called mo before them, and deli-
vered unto me the kin|;*s m:')e>ty's letters, w hich
1 hiivc to •'hfw, :ind received thcin at the lumds
«)t the Imp! t^r:l^ure^ up'>n my knees, kissed
tlii'm as my duty wii*>, nn<l still upon my knees
read tin .u, wlicrea:> lliry gently rcrjuiixd me to
t.ike ninrc en^^e, and go apart 'with them, and
cnnsid- r ihcm : which after ths\t I had thoroughly
read, I much lamented that I ^h(iuid lie com-
inanfhd to ••:iv of myself as iva« there written,
and to say otherv\ise of mvself than n)V consci-
c-iKi* VI ill ^utVir me, and where I trust my deeds
w ill nor rondeoin \\\t\ there to condemn myself
wiiii HiV ton.;ue. I should sr^oncr (quoth I to
tiuin) by coiinnandnie'it, I think if ye would
h.d me t.iiiilije niyi-lf <lcs;.cr.»tely into the
'] li inu's. — My lord of Wjirwick secinj; me in
that ;i::ony, Mid, Wliitt *ay ye my lord, quoth
he. to riiu orlur articles: f un^w-cred, That I
Vii<> lorli ti flisnhey where I mi;ilit obey, and
not wrest my cuosciencc, destroying the cum
f'irt of it, as to sav antrulv of mvself. Well,
V • • _
quoth my \nA .>f Warwick, will ye subscribe iu
the otht'r articles? I told him 1 would. But
then, qnoth I, the article ihnt toucheth me must
he put out. I v.-.is answered, that needeth not,
lor I nii^ht write on the outside %«hat J would
s;iy unto u. Ainl then my lord of Warwick en-
tertained me very i;enily, and would needs
whiles I should wnie, have me sit down by
him; and when he ftaw nie make somewhat
strange so tu do, he pulled me nearer him, an«l
said, we liad tre this sat te>gethf r, and trusted
we should do so again. And then liaving pen
and ink given me, I w rote, as I remember, on
the article that touched me, these words ; I can-
not with my conscience say this of myself; or
such like words^. And there followed nn arti-
cle of the kinu's majesty's primacy, and 1 be-
gan to write tin the ^ide of that, and had made
an I, onward, as may appear by the articles,
and they would not have metodoso; but write
only my name afrer their articles, which I did.
Wliereat bex;imse they sliewed thtmselvcis pleas-
ed and content, 1 was bold to tell them miTrily,
That by this means 1 had placed my subscrip-
tion above them all ; and thereupon it pleased
them to entejtain me much to my comfort.—
And I was bold to recount unto them merry
tides of my miser}' in prison, which they seemed
content to hear; and then I told them also I'de-
sirin^ tliem not to be miscontent with that I
should say) when 1 remember each of them
alone, I could not think otherwise but they were
my g»)od lords, and yet when they meet topcilier
I feel no remedy at their hands. 1 looked (quotli
I) when my lord of Somerset was here, to go
out wiiliin two days, and made my farewel feast
in the Tower and all ; since which time there
is a month past, or thereabout ; and I agree
with them, and now agree with you, and I may
fortune to he h»rgotten. My lord treasurer
said nuv, I should hear from them the next day;
and sf> by their special coinmandmect I came
out of the chamber ader them, that they might
be seen depart as my good lorck ; and so was
done. By which process appeareth how there
was in me no contempt, as is said in this arti-
cle, but such a suhscnption made as they were
content to suffer me to make, which I took in
n»y conscience for a whole stttisfnction of the
kin);N imijcsty^s letters, which I desire may l>e
deemetl accordingly. And one thing was said
unto me further, that other would fmve put in
many more articles, but they would have do
more hut those.
Alt. 13. Item, That you having eftsoont
certain of the kind's muie<>ty*s honourable coun-
cil sent ni.to you the I'Jth of July, in the said
41 h year, with the said submission, and being
on his majesty's behalf required and command*
t-d to consider ugnin and lietier the said com-
mission, and to suh>rribe the same, stood in
jusiific.ii ion of yourself, and would in no wise
subscribe tliereunto.
ir. To the i:Uh Article he said,T}ie next
day after the bting in the Tower of the said lord
treasurer, the earl uf Warwick, and other, came
fll7] STATE TRIALS, 5 Edw. VI. 1551.— for opponng the Reformation.
[018
unto me sir William Ilarbcrt and niiuter secre-
larr PeUr, to devi&e Mitii nie iiuw to make
aonie acknowledging of my fault (ub they said)
becujse tbe other turm hked mt not. Whcru-
untii I suidj I knew myself innocent, and to
enter with you to enircut of a devise to impair
my inooceucy in tuiy the It'Obt point cither by
words or wriinig!*, it can iiave no policy in it.
impute it to myself, and evenuorc timnk them
for their good will ; und bO ilcpai ted I wiih tiiem,
as L trust they will tesuty, and iio mibbeltuviour
or misdemeanor to have been U!>ed on my be-
haU:
Art. 15. Item, That after all this, videlicet,
tlic lOtb day of July, in the ssiid 4th year, you
being personally culled before the king*s majes-
Fur uiiliough I did more esteem liberty of body, i ty's pri\y council, and having the said submis-
thiu the defamation of myself, yet, quolh I,
when 1 had so done with you, I were not so
aMurcd by you to come out. lor when I were
by oiy onn pen once made a naughty man,
then were I not the more sure to come out, but
bad locked mvself the more surer in ; and a
ftmall pleasure were it to me to have my body at
liberty by your prt>curement, and to have my
conscience in perpetual prison by mine ov% n net.
Many more words there were, and persuasions
on tlieir pans ; which caused me to require of
them, for the passion of God, that my matter
might take an end by justice ; and so they dn-
paned, tiiere being no contempt or faction of
disobedience shewed on my behalf, but only al-
legniion for my delence of mine mnocency in
Uie best manner I could devise, as I trust iliey
will testify.
Art. 14. Item, That after ail this, viz. the
14th day of July in the said 4th yo:ir, the kiii<;*s
majesty sent yet again unto you certain of iiis
mujebty's honourable council, with another sub-
niabiuiiy and divers other articlc^s, willing nnd
commaudiug you to subscribe your name there-
onto. Which to do ycni utterly refused.
ir. To the 14th Article he said, that on the
Monday in the morning followinz came the
bishop of London, sir William Ilarbert, master
•rcretary Peter, and another whom I know
not, who brouglit with tl^m a paper, with cer-
tain articles written in it, which they required
me to subscribe Whereupon I most instantly
required, that my matter might be tried by jus-
tice, which although it v^erc more grievous, yet
it liath a commodity with it, that it endeth cer-
tainly the mutter. And I could never yet come
to my assured stay, and therefore refused to
neddle with any more articles, or to trouble
layieif with the reading of them ; and yet they
desired me so instantly to read them, that I
tvai content, nnd did read, nnd to shew my per-
fect obedient mind, olfercii incontinently upon
D'y delivery out of prison lo make answer to
tticQ ail, such as I would abide by, and suffer
pain for, if I liave deserved it. I would indeed
gladly hate been in hand with my lord of L'>n-
doo; buliie said he come not to dispute, nnd
laid it was the hand of God ilnit 1 wus thus in
prison, because 1 had so troubled othir men in
my IJiue. Finally, my rrqueut %vas. That they
simuU in this form uiuke my answer to my lords
<>f the conned as followitb: that I most imn>-
Lly thank tliem of iheir good will lo deliver i« ^'
sion and articles openly and di&tincdy read unto
you, and required to subscribe the same, refu-
i»eii for unjust considcratiuns by you alledged to
subscribe the same.
ir. To the 15th Article I grant, that upon
a Saturday at ailernoon, even at sucfi time of
the d.ny as they were at evensong in ilie chapel
at the court, I was brought Liuther, and at my
coming liie lords of the council said, they were
all my judges by special cominiasion, and in-
tended to ppjcced ihus with me : that I zihouid
subscribe certain articles wliicii were then read,
and i must directly mnkean^uer, whether!
would subscribe them or no. I answered on
my knees in this wise : For tlie passion of God,
my lords, be my good lords, and let me be
tried by justice, whetlier L be Audty or no;
and as for these articles, as soon aa ye deliver
me to my liberty, I would make answer to them
whether I would subscribe them or no. Then
they Iiaviug further to say, [ answered, these
articles were of divers sorts ; some be laws,
which I may not qualify ; some be no Inw^,
but leaniing and fact, which may linve divers
understandings, and a &ub:)Cription to theiu
wiihiiut telling what 1 mean, were over dan-
gerous. And therefore I oiVered, for the more
aeclaration of mine obcdii nee to all their re-
quests, that if ihoy would deii\er me the articles
into the priacm with ine, 1 would shortly make
them particular answer, and sutfer the pains of
the law, that by my answer I might incur into.
Whereupon I waa commanded lo go apart, and
tiiey sent unto me the lord treasurer and ma<i-
ter secretary Peter, who communed with me of
a mean way, and that likeii not the lords. And
then I was called forth again, and my absolute
subscription recjuircd aiMin : and I ng:iin iuad<»
elTor to answer particularly, ff)r 1 could not
witli my coiii^rit-nce subscribe them as tlu'v
were absolutely. And thoe iny coiisiJcratiou^
1 trust to be just, sici:?^ no man lor any com-
mandments oiulil to oiVond his cuiidciiiice, as
1 must have done in ih'tl ca>e.
Art. 16. Item, Tiiat fir your sundry and
manifold contempts and di<>otii(licrices in this
behalf Ubcd, tl:.' fruits oi yonr b:sho|iric were
then hy sptcialcom'to^^Kiii of lii.-> majesty justly
and lawf.illy i>ei|Ui-ie:tii.
ir. To the loth Aiiiijle, I deny cnntempfs
nnd disobedience of p-ot'*, and say. That my
doings cnnnot so ht.' ur!ne<l, bttMUne it is
taui;ht in thi.*) rcahn tor a dmtrine of ole.Ii-
vittcb il it liappeu to me more grievous, I will
could not with my conscience do as I was re-
mO] STATE TIBIALS, 5 Edw. VI. l 5j\. ^Proceedings a^amsiBitkop Gardiner, [020
fiuircd. And as tnuciiing the fact of decree,
tilcre was indeed a decree read, having wordb
so placed and framed ns though I were such
an offender, which mnttcr I deny. And in
tha( decree was mention made of administra-
tion of fruits; but whether the former words
were of the present tense, or else to be seques-
tered, I cannot precisely tell, but do refer that
to the tenor of (lie decree.
Art. 17. Item, Timt after this you had inti-
mation and peremptory monition, with com-
municatiim that you should within three months
next fallowing tiie cuid intimation, reconcile
and submit yourself', under pain of depri-
vation.
W. To the 17 ih Article I answer, that in
the same decree vt' sequestration at ti:e same
time read, I kneeling from the beginning of the
decree to the latter end, I renicmlier thcri.' wos
an intimation and iliree months fpoken of,*and
expE#ssed also how at every inontliV end I
should have pen and ink oiilrcd to write, if J
nvould vet subscribe, and as I u:iH<Tsttmd it
was upon the paiu ot proceeding furtt.er. And
I do not remember that 1 i:c:inl the word de-
privation, but therein I refer ine to thc> acts of
the sentence ; wiiich when it was reaii, I de-
sired it mi^ht be testified wh.it mine ulk-r was,
Co answer all tho^c articles particularly even
remaining in prison. And thi:> done, 1 made
suit for some of my servants :ihrr>'Lid to resnrt
to me to ihc Tower, partly lor my comfort,
partly for my necessary bu?mt<s, which could
not be obtained. Anil yet to provoke it, I
said to my lord of Warwick, how for agree-
ing with uiy lord of Somerset I had some
commodity, and for ugreeing with him had
nothing, and therefore would needs by inter-
cession press him, that I mi^ht by this means
have some of my sen'nnts resorting unto
me. He answered very gei;ily. And then one
futid, I should within two or three days huve
somebody come to me. And thm I was dis-
missed, with coinmundment t-i the lieutenant,
to let me have the same Uber:y I had, but no
more.
Art. 13. Item, That the said three months
are now tlnrou^hly expired and run.
ir. To the Ihih Aiticle he said, There is
almost six monti:s passed in time and number
of days, but not one month past to the erfcct
€»f the law, nor ten diiys neither, because I
have been so kept in priron, tlat 1 could not !
seek for remedy in form above Stiid, nor was |
there at every month, after t!;c form of the ;
sentence, uflered me ncn, ink, and liberty g:\cn j
me to consult ond deliberate with otiier learned
men and friends, what were best to 6n, nr to •
■end unto them. And furthcnnorc, the very i
•ighth day after the decree civen, I protested
belure mj servcnts, wliom I luid nu\y commo-
di^lp use as witnesses of the nullity of the
^aen%g for the evident and apparent matter
■* ' **"* ■'^ ." ^wcre any in law, I ap-
*• skint's majesty, because my re-
^ J ._ 1^ ^ ha,'9e the copy of
Uiem putKBlarly/and
because it is excessive correction, to sequester
my fruits and keep me in prison. With other
cases to be deduced where 1 might have oppor-
tunity. Which appellation I protested to inti-
mate as soon as I could ome to any presence
meet therefore, as I did in this assembly at my
last repair, desiring tliercwiih the benefit resli-
tutiomt in integrum^ Ijccause of mine imprison-
ment ; and therefore do answer t!iis matter
with protestation of that apj.eiJ, and utterly
deny all manner of contempt.
Art. 19. Item, That you hiiherto, <nccording
to the said intimation und m.jiiiti«>n, have not
submitted, reconciled, nor reformed yourself,
but contemptuously yet still remuin in your tlral
disobedience.
ir. To ilie lOlli Article I sav, Tliat I have
been all this while in privtn ^o kept, as no
man could hare access to council with me, nor
any means to write or send to anv man, liaving
made continual suit to masitrr Lieutenant and
master Mai>hal, under whosc custody \ am
here, to make suit in my name to the lords of
the council, tliat I might come to hearing, or
e!sc be bailed upon surety, whic!i I could not
obtain, and bo have remained undir the benefit
of my said appeal to the km^'s mujesiy, made
as I might for the time, wiiich I ettsooiis desire
I may haVe liberty to pro>ecute. — And whereas
answering to these articles for declaratitm of
the integrity of my conscience, I use in the
siune piacf s general words ; I protest I mean
not by those words to set forth myself other*
wise more arrogantly then as my direct intent
(which exchideth malice) and purpose moveth
me to say, and as my conscience beareih wit-
ness unto me at this lime, and therefore will
say therein with S[. Paul, AiAi7 t/iMi coniciut
sum, sed non in hor juslificatus sum. Where*
fore if any especially be objected unto me,
wherein, by ignorance or o\ersight and negli-
gence, any ottencc of mine may appear against
the king*s majesty's laws, statutes and injunc-
tions, T shall desire and protest tlmt it be not
prejudicial to mine answer (for this present,
crtdOf as lawyers in civil matters use that
term) to be true, that is to say, »uch as without
any alteration in my conscience presently I
may of myself say in affinnation or denial, as
afore is answered. And whereas I spake of
commandment to be made t<* me against God's
law, I protest not to tnuch my !)Overci);n lord's
honour therein, which my duty is by all means
to prcsenc, but that tlie commandment given
resoiveth to be a;:uinst God's law on my part in
the ohedirr.ce to de riven, because I mav not an-
swcror say othe/wi^c lut esf^ e^t ; non^ mm. So
as mv word9 and 1 cri may agree together, or
else f >hould OiTend Cod's law, which my sove-
reign, if he kiicw iny coiifeCience, would not com*
maud me."
After these thii^ns thus parsed, certain of the
council, by the kin-s's np{Hii;itmtnt, had sundry
days and time< access to bun in the Tower to
peisuadc with liim, which were tiiese, theduka
of Somerset, the lord treasurer, the lord privy
seal, the lord great chambcrlainj and Mr. le*
021] STATE TRIALS, 5 Edw. VI. ISSl^^foroppoihig the Erformation. [623
cretary Peter. Who repairing to him the 10th
dajrot' June, oniio 1560, he desired of thero
to see the Iude's book of proceedings ; upon the
light vrbcreot he would make a lull answer,
scemii^ to be willing in all things to conforni
hiuiselfthereuDto ; and pronming that in case
any thing offended his consciifiice, he would
open it to none but to the council. Where-
upon it was agreed the book should be «ent him
to see bis answer, that his case mi^lit be resolved
npun, and timt tor the meuu tune he bhould
have the liberty of the g-aliery and garden in
the Tower, when the duke of Norfolk were
absent. — The king then was lying at Green-
wicby at which time the lieutenant of tlie Tower
was appointed to deliver the king's book to the
bishop of Winchester. Who, wiihin three days
after, which was tlie ISth of June, made decla-
ration again unto the council, that the bibhop
banng perused it, said unto him, he could
make no direct answer unless he were at liberty,
and so being he would say his conscience.
Whereupon the lords, aud utlier that had been
with him the other day, wefe appointed to go
to him again to receive a direct answer, that
the council thereupon might determine further
order fur him. — ^The answer of the bishop being
received, through the report of the kirds which
had been with him, declaration was made
^in, the 8th day of July, 1560, that his an-
swers were ever doubtful, refusing while he
were in prison to make any direct answer.
Wherefore it was determined that he should
be directly examined whether he would sin-
cerely conform himself onto the king's majesty's
proceedings or not. For which purpose it was
agreed that particular articles should be drawn,
to see whether he would subscribe tliem or not,
and a letter also directed unto him from the
king's highnesc, with the which the lord trea-
surer, the lord great master, the master of the
bone, and master secretary Peter, should repair
unto him ; the tenor of which letter hcrealter
intnetha
A LuUr Hmt to the BUhop of Winchater,
Signed by the King, and subscribed by the
ConneiL
** It if not, we think, unknown unto you, with
what clemency and favour we by the advice
of our council caused you to be heard and
mcd, upon the sundry complaints and infor-
mations that were made to us and our said
coancil of your disordered doings and words,
both at the time of our Ute visitation, and
otherwise. Which not%vithstanding, considei^
ing that the favour, both then and muny other
Ctmcfl ministered untii you, wrought rather an
insolent wilfulness in yourself, than any obe-
dient oonfurmify, such as would have beseemed
a nan of your vocation, we could not but use
•ome demonstration of justice towards you, as
well for such notorious and apparent contempts
and other inobedienccs, as alter^aiid contrary
to our commandment %vere openly known in
yon, as also for some example and terror of
Mch others as by your tsampla setraed to take
courage to mutter and grudge against our most
godly proceedings; whereof great discord and
inconvenience at that time might have ensued.
For the avoiding whereof, and for your just
deservings, you were by our said council
committed to ward. Where albeit we hnve suf-
fered you to remain a long space, sending unto
you in the metui time at sundry times divers
of the noblemen and others of our privy coun-
cil, aud travelling by them with clemency and
favour to have reduced you to the knowledge
of your duty; yet in ail this time have you
ueiuier acknowledged your faults, nor made
any submission as might have beseemed you,
nor yet shewed any appearance either of re-
pentance or of any good conformity to our
godly proceedings. Wherewith albeit we both
have good cause to be otfcndcd, and might also
justly by the order of our laws cause your
former doings to be reformed and punished to
the example of others : yet tor that we would
both the world and yourself also sliould know
that we delight more in clemency, than in the
straight administration of justice, we have
vouclisafed not only to address unto you these
our letters, but also to send eftsoons unto you
four of our privy council with certain Articles;
which being by us with the advice of our said
council considered, we think requisite for sun*
dry considerations to be subscribed by you, and
therefore will and conunand you to subscribe
the said Articles, upon pain of incurring such
pimishment and penalties as by our laws may
be put upon you for not doing the same.
Given at our palace of Westminster, the 8th
day of July, the 4th year of our reign."
JVtth this Letter addressed from the King
and his Council, these Articles also were
delivered to the Bishop of Winchester here
folloming. .
The Copy of the ARTICLES.
" Whebeas I Stephen bishop of Winchester
have been suspected as one too much fuvonring
the bbhop of Home's authority, decrees and or*
dinances, and as one that did not approve or
allow the king's majesty's proceedings in altera*
tion of certain rights in religion, wasconvented
before the king's highness's council, and admo-
nished thereof; and having certain things a]:*
pointed for me to do and preach for my declara-
tion, have not done that as I ought to do, al-
though I promised to do the same ; whereby I
have not only incurred the king's majesty's in-
dignation, but also divers of his highness's sub-
jects have by my example taken encouragement
(as his grace's council is certainly informed) to
repine at his majesty's most godly proceedings;
I am right sorry therefore, and acknowledge
myself condisnly to have been punished, and
do most heartily thank his majesty, tliat of hit
great clemency it huth pleased his hi<;hness to
deal with me, not according to rigour, but meicy.
And to the intent it may appear to the world
how little I do repine at his liigbiicbs's doint!s,
which be in reUgion most eodly, and to the
common wealth most profitable, I do aj£rm and
€23] STATE TRIALS, 5 Edw. VI. 1551 — Proceedings agama 9Mep Gardiner, [02i
say freely of my own will, without any compul-
sioiiy as ensucth. — 1. That by the lawof Uod,
and the authority of scriptures, the king'& ma-
jesty and liis successors are the supreme heads
of the Churches of IiJighiud and also of Ireland.
3 Item, That the nppoititiov of holy days and
fasting days, as Lent, Kmber-dayji, or imy such
hkc, or to dispense thereniiii, is in the king's
majeMy's authority and ptiwer : and his Iii^lmess
as supreme head of the suid Churches of Eng-
land and Ireland, and g ivernor tlierenf, may
appoint the manner and time of ihe lioly days
and fasting days, or dispense therewith, as to
his wisdum shuil ^ecm most convenient for the
honour of GoJ and the wealth of this realm.
3. That the kind's majesty hath most christianly
and ^odly set firiii, by and with the consent of
tiic whole parliament, a devout and christian
book of seivice of the church to he frequented
by the churrh, which book to be accepted
and allowed of all bishops, pastors, cuiiucs, and
all ministers ecclesiastical of the realm of Eng-
land, and so of him to he declared and com-
mended in ail places where he shall fortune to
preach or speak to the people of it, that it is a
godly and christian book and order, and to be
ailowed, accepted, and observed of all the king's
majesty's true subjects. 4. I do acknowledge
tiie king's majesty that now is (whose life G(>d
long preb^rvej to be my sovereign lord, nnd
supreme head under Christ to me as a liishop
of (his rcHim, and natuml subject to his majesty,
and now in this his young and tender age to be
my full and entire kini; ; and that I and all
other his hivhne!>s's subjecrs are bound to obey
all his majesty's prochiniation», statutes, laws,
and comniandmt.-nts, nuuie, promulgate, and set
forth ill his hi||:hnei's*s young a^e, as. well as
though his higimess were at this present 30 or
40 years old. Ct. I confess and acknowledge,
that the siaiutc, commonly called the statute of
the six Article?^, for just causes tmd grounds is
by authority of parliament repealed and disan-
iiuled. 6. That his majesty and his successors
have authority in tlie said Ohurchrs of England
and also of Ireland, to alter, reform, correct,
and amend all errors and abmes, and all rites
and ceremonies ecclesiastical as shall seem from
time to time to his highness nnd his successors
most convenient for the ediBcation of his people,
so that the same alteration be not contraiy or
repugnant to the scripture and law of God.
Subscribed by Stlvln "SV inch enter, %^i(h the
tettimonial hands of the Council to the same."
To tJiese Ahticles albre specified iilthouvh
Winchester with his own hand did sub^icribe,
granting and consenting to the supreinucy of the
king as well tlit:n beini; as of his successors to
come; yet because he stuck so much in the
first point touching his submission, and would
in no case subscribe to the same, but only muile
his answer in the margin (as is above noted) it
was therefore litouLhtgoodto the king, that the
nusttT of the horse, and master secretary Petr-r
should repair unto him again with the same re-
quest of submission, exhorting hiai ttilook better
■fxin ii; and in case the words seemed too
sore, then to refer it onto himself io what sort
and with what words he should devise to sub-
mit Ixim, that upon the acknowlcdgnient of hb
fault, the king*8iiighness might extend his mercy
and hberality towards Iiim as it was determined.
Which was the 11th day of June, the year
above said. — When the master of the horse luid
secretary Peter had been with him in the
Tower aocording to their commission^ returning
from him again tliey declared unto the king
and his council how precisely the said bishop
stood in justification of himself, that be had
never offended the king*s majesty : wherefore
be utterly refused to make any submission ai
all. For the more surety of which denial, it
was agreed that a new book of articles should
be devised, wherewith the said master of the
horse and master secreUu^ Peter should repair
unto him again, and for the more authentic pro-
ceeding with him, they should have with them a
divine and a tempond lawyer, n hich were the
bishop of L/)ndon, and master Goodrick.
The Copy of the hit Articles sent to the JBi-
iluip of' Windtetltr.
** Whereas I Stephen bishop of Winchester
have been suspected ns one that did not ap-
prove or allow the king's majesty's proceedings
in alteration of certain rites in religion, and
was ccmvenied before the king's bii^huess'S
council, nud admonished thereof, and having
certain things appointed for me to do and
preach fur my declaration, have not done
therein ns I oui;ht to do, whereby I have de-
served bis majesty's displeasure; I am right
sorry thei-cfore. And to the intent it may ap-
pear to the world how little I do repine at
his highness's doings, which be in religion
most godly, and to the commonwealth most
proritable, I do affirm as followeth : — 1. That
the late king of most famous niffmory king
lienry the 8th, our late sovereign lord, ju»tly
and of good reason and ground liatli takeo
away, and caused to be suppressed and de-
faced, all monasteries and religious houses,
nnd all conventicles and covents of monks,
friers, nuns, canons, bonhoms, and other per-
sons called relidous, and that the same being
so dissolved, the persons therein bound and
professed to obedience to a person, place,
habit, and other superstitious riles and cere-^
monies, upon that dissolution and order ap-
pointed by the king's majesty's authority as
supreme lie:id of the Church, are clearly re--
I leased and acxjnirted of tbuse vows ami pro-
fessions, and at their full liberty, as tliough
I those un witty and superstitious vows had never
been made. 2. Item, that any person may
biwIuUy marry, without any dispensation from
! the bishop of Rome or any other man, with
' any person whom it is not prohibited to con-
tract matrimony with, by the law Levitical. 3.
■ That the vowing and going on pilgrimage ta
, images, or the bones, or rehques of any saints,
' liutb been supcrstitiously used, and caiue of
' much wickedness and idolatry, and ilierefure
justly aboliiblied by the said laie king of tamoua
62S] STATE TRIALS, .5 Ed\t. VI. \55\.—foroppoimg the Rtformation. [626
Biemorjy and the imnges and reliques so abused
have been for great and godly considerations
defaced and destroyed. 4. TImt the coiinter-
feitiogof St. Nicliolaf, St. Clement, St. Curha-
rinei tnd St. Edmund, by children, heretofore
brought into the Church, was a mere mockery
and loolishncss, and therefore justly abolisihrd
and taken away. 5. It is convenient and godly,
that ch« scripture of the Old Tcstunieiit hiiiI
New, that is, the whole Bible, be had in Vax)^-
lish and published to be read of every man,
and chat who8oe%-er doth repel and dehort incu
froiu reading thereof doth evil and dainnubly.
6. That the suid lute king, of jnst ground arid
reason did receive into his hands the autlioricy
and disposition of chauntries and such livings
as were gii'cn for the niainienancc of private
massasy and did well cliun^e divers of them to
other uscii. 7. Also tlie V\\\^*% ina)esty that
now is, by the advice and consent of the par-
liament, did upon ju»t ground and reason sup-
press, abolish, and take away the said chaun-
tries and such other livings tis were used and
OGCupicd fiir niuintenance of private rn:ts«cK,
sod masses satisfactory for the souls of ihctn
that are dead, or iiuding oi obiies, lights or
rithcr like things : the mass that was wont to
be said of priests was full ofabusts, and had
Tery few things of Christ's institution, iiesides
the Epistle, (iospel, tlie LonKs Prayer, and the
wonts of the Lord's Supper, the rent for the
more part were invented and devised by bish(ii)s
of Ronie, and by otiicr men of the same sort,
■nd ihcrt fore justly taken away by tlie statutes
iodlaws of tliisn>alm; and the Communion
.vhich is placed instead thereof, is very godly,
tad agreeaMc to the scriptures. [\. That it is
DirMt convcnU-iit and fit, and according to tlic
fintiDstitntion, tliut all Ciirisiian men should
Kceire the sacrament of the body and blood of
Cluistin both the kinds, that i», in bread and
*iot. 9. And tlie mass, wherein only the
priiat receiveth, mid the mlier do but lnok on,
b but the invention of man, and the ordinnnce
of tlic bishop of Home's cliiirch, nut agreeable
toicripture. lU. That upon good and godly
Gouiderations it is ordered in the »aid book
ud order, tluit tlie sncramcnt sdould not be
Rifled up, and shewed to the people to be
■dored, but to )je with godly devotion received,
■* it was first instituted. 11. That it is wdl,
politicly and godly done, that the king's iiin-
JfMi by act ol purliainiMiC hath coinmauded all
■Hges which have stood in churches and
dapels, to be clearly abolished and defaced,
lot faareaftcr at any time they sisould give oc-
ttsion of idolatry, or be abu!»erl, as many uf
tocm heretofore liave buiii, with pilgninn<:e.>>
Md such idolatrous worshii
hi one uniform conformity, and no occasion
through those old 1)ooks to the conirar}'. I'i.
I'hat bishops, priest:«, and dcarons have na
commandment of the law of (xod, either to
vow chastity, or to ' abstain com inually frnm
marriage. 14. That oil canons, constitution*!,
laws positive, and oniinnnces of man, which do
prohibit or forbid nuiniatfe to Hiiy bi>hop,
priest, or deacon, be justly, and upon go'tiy
grounds and considerations taken away and
abolished by uuchority of parliament. 15. The
Homilies lately coininaiided and set forth by
the king's majesty, to be read in the congrega-
tion of Kngland, ara godly and wholesome, and
do tench such doctrine as ought to be emt)i'aeed
of all men. 10. 'i'iie book set forth by the
king's majesty, by authority of parliament, con-
taining:; the fonn and manner of makiu'^ and
consecrating of archbishop*, bishops, priests,
and deacons, is gadl\ , and in no })oint con-
trary to the whole}>o:«;e doctrine of the Gospel,
and therefore oncht to he received and ap-
proved of all the fuiti.fiil members of the (.'hurch
of England, and nnnii:ly the ministex's of God's
word, and by ihem commended to the people.
17. That the orders of subdeacon^ bcnet, and
colet, and such oilj?^."? as were commonly called
tninoret ordincs, bo not neceisary by the word
of God to be recV- iicd in the Church, and be
justly left out hi i he said book of orders. ^18.
That the holy .^ciipturcs contain suthcienily all
doctrine requiicd i>f uecessity lor eternal sol-
vation through faith in Jesus Christ, and that
nothing is to be taught as required of neroysity
to eternal salvation, but that whicli may Ik*
concludt^i and proved by the holy Scriptiircs.
19. That upon good and godly considerarior.s
it was and is commanded by the kinji's m:ij( it\'s
injunctions, thai the paraphrases of llrusmcs iu
Knghsh should beset up in some ron\ei:i(iit
place in every parish Church of this rcnhn,
wiicreas the pnnsbionen m«iy most eominovli-
ously resort to read the same. '20 And be-
cause these articles aforesaid do contain only
such matters as be already published and (ip.eidy
set forth by the king's majesty's authority, ly
the advice of his hi);i)ne«si-s eonncil, fir niioiy
grciit and godly consiileraiioiis, .:ind ai!ioiii:<>i
others for the common trMnciuiilitv and unity
ofllie realm; his ln:1je^'ty'3 pleasure, by the
advice afort^said, is, that you the bishop of
Winchester shall not only ailirm thc««e artirb's
\\ith subscription of yi>nr hand, I ui a!-o de<l'uc
and profess yourself well content, d, willjui: and
ready to publish and preach the *>amo at hucli
times and places, and bcf )re '<iieh andience as
to his majesty, from time to tinie« shiJl seem
e >nveniont and rei|iiiite, upon pain ot' inciir-
diipping. i'2. And rin;^ ^urli penalties and [>innshnw»»fs a-% Km" no'-
MmCdt chat like godly ami iiood CO 1 1 side nit ions, doing the same may by his iiiaj< ^ty's I.i'as b«*
hy4heaaBM«utiiority of parliament, all mass
^bbIu, cowcbers, grails, and other books id' the
■■"" in l^Ain, beretoforc U8e<l, sh<iidd be eei\ing and peru-ing the-^e Artifles, made rliii
inliictcd upi»n you. Tlasc Articles were seist.
the 15th of .Inlv. I'h.e bish«H» of V\'iiicln'.l<,'r n?-
and deiaced, us well for cortain
la cbcm contained, as also to
; and that the said M'rvice in
te CivMOugh tlic.whole realm
AiisiviT a<i(aiii ; Thai \':v7^l louihin-: the Arii* !r
of snliinikiion, \\v. wjinid in no ivi.;c r.-niKOoi,
atUrming as he bad rh'i)e beliire, ilr.'.i hv had
never oifeiidcd the kii!;^*;> iir.ijcrsy in uii\ sui.ii
'J s
«27] STATE TRIALS, 5 Edw. VI. l55l.^Pro(xedings agatM Bishop Garduier, [62B
we eftsoons admonish and require you to obej
his majesty's said commandment, and that you
do declare yourself, by subscription ot your
handy both willing and well contented to acgept,
allow, preach and teach to others the said arti*
cles, and all such other matters as be or shall
be set forth by his majesty's authority of supreme
head of this church of England, on this side
and within the term of three months, whereof
we appoint one month for the first monition,
one month for the second monition and warning,
and one month for the third and peremptory
monition. — Within which time as you may yet
declare your conformity, and shall have paper,
pen and ink, when you shall call for them for
that purpose, so if you wilfully forbear and re-
fuse to declare yourself obedient and coufbnna-
ble as is aforesaid, we intimate unto you that
his majesty, who like a good governor desireth
to keep both his commonwealth quiet, and to
purge the same of evil men (especially mini-
sters) intendeth to proceed against you as an
incorrigible person and unmeet minister of this
church, unto the deprivation of your said
bishoprick.*' — Nevertheless, upon divers gpod
considerations, and specially in hope be might
within his time be yet reconciled, it wasagreied
that the said bishop's house and servants shouM
be maintained in their present estate, until the
time that this Injunction should expire, and
the matter for the mean time to be kept secret.
Atler this Sequestration, the said bishop was
convcnted unto Lambeth before the archbishop
' of Canterbury, and other the king's commit-
. sioners by virtue of the king*s special letters
' sent unto the said commissioners, to wit, the
abp. of Canterbury, Nicholas bp. of London,
j Thomas bp. of Ely, Henry bp. of Lincoln, se-
cretary Peter, sir James Hales knight. Dr.
Lf'yson, Dr. Oliver, lawyers, and John Gos-
nold, esq. &c. before them, and by them to be
examined, by wliom were objected against him
nineteen special Articles in order and form
; here following [Here follow the Artidies ib-
serted at p. 602.J
I After these Articles were exhibited unto
him, and he having leave to say for himself,
' wherein he used all the cauteles, shifts and re-
medies of the law to his most advantage, by
; way of protesting, recusing and excepting
' against the commission, and requiring also the
; copies as well of the articles, as of his protes-
I tution, of the actuiu'ies (which were W. oslj and
Tho. Argall) tmic and respite was assigned
unto him to answer to the said Articles in writ-
ing. But he so cavilled and dallied from day
to day to answer directly, although he was suf-
ficiently laboured and persuaded to the saaie
. by sundry callings and acts, and also aban-
' dantly convicted by depositions and witnesses,
especially by mutter induced by the lord Paget,
and Andrew Beynton, and Mr. Chaleuor, that
at the last he appealed from them (reputing
' tliem not to be competent and indiflferentjndges
; to hear and determine his cause) onto the
. king's royal person: notwithstanding by protea-
; tation always reserving to himself the l>eoefit of
sort as should give him cause thus to submit
him^^plf: pra^iii^ earnestly to be brought unto
his trial ; wticreiii he retused the king's mercy,
and desired frothing but " justice.*' And for
the rest of the Articles, he answered, That after
he were past this trial in his first point, and
were at lit>ercy, then it should appear what he
would do in them ; it not being, as he said,
rcabonable, that he should subscribe them in
prison.
Of this Answer when the king and his coun-
cil iiad intelligence by the foresaid master of
the horse, secretary Peter, the bi-ihop of Lon-
don, and master Goodrick, who hod been with
him, it was agreed that he should be sent for
before the whole council, and peremptorily ex-
amined once again, whether he would btiuid at
this point or no ; which if he did, then to de-
nounce unto him the se<]uestration of his bene-
fice, and consequently the intimation, in case
he were not reformed within three months, as
in the day of his appearance shall appear.
The tenor and words of which Sequestration,
with the Intimation, followeth :
Tfie Wordi of the Sequestration ; vith the J;k
timalion to the Bishop of Winchester,
'* Forasmuch as the king's majesty our most
gracious sovereicn lord understand eth, and it is
also manifestly known and notorious unto us,
tluit the clemency and long suflferance of his
muiesty wurketh not in you that good efiect and
humbleness and confonnity, that is requisite in
a^ood suhject; and for that your disobediences,
contempts, and other misbehaviours, for the
which you were by his majesty's authority justly
committed to ward, have since your said com-
mitting daily more and more increased in you,
in such sort ns a great slander and offence is
thereof risen in many parts of the realm,
whereby also much slandc r, dissension, trouble,
and uu(]uietness is very like more to ensue, if
your foresaid offences being as they be openly
known, should pass unpunished : we let you
wit, that having special and express commission
and commandment from his majesty, as well
for your contumacies and contempts so long
continued and yet daily more increasing, as
also for the exchange of the slander and offence
of the people, which by your said ill demeanors
are risen, and for that also the church of \Vin-
diester may he in the mean time provided of a
good minister, that may and will see all things
done and quietly executed according to the
Jaws and common orders of this realm, and for
sundry other great and urgent causes, we do by
these presence sequester all the fruits, revenues,
laitds, and posscbsions of your bishopric of
"W* inchester, and di<>cern, deem and judge the
same to be committed to the several receipt,
collection and custody of such person or per-
sons as his majesty shall appoint for that pur-
)3ose. And because your former disobediences
Laid contempts so long continued, so many
" mes doubled, renewed and aggravated, do
»anififst!y declare you to be a person without
1 hope of recovery and plainly incorrigible ;
629] STATE TRLVLS, 3.Edw. VI. \b5\.—foropponngiheRrformation. [QSO
his appellfttioo : tncl so pn>cccded lie tu the
siisirtnng of the funMifiid Ai tides, but in su(*h
cniftj and obatinate manner as befure he had
been accostomed.
But briefly to conclude, such exceptions he
used agpuoibt the witnesses produced ngainsc
him, and be himsclt' produced such n number
ol* witnesses in bis defence, and used so many
delays and cavillations, that in the cud the
commissioners, seeing liib ^tubboruiiess, pro-
ceeded to the Sentence deliuitive ugaiubt hiui,
as liereunder followetli :
Senttnce definitive against Stephen Gardiner
Bis/wp of Winchester.
* In tlie name of G(»d, amen. By authority of
a commission by tlie high and mighty prince our
mr>8t gracious sovereign lord Edward the 6th,
by the grace of God king of England, France,
and Ireland, defender of the faith, and of the
Church of England, and also of Ireland, in
earth tlie supreme head, the tenor wlicrcof here-
after cnsueth; Edward the sixth, &c. We
Thomas by the sufferance of God archbishop of
Canterbury, primate of idl England, and Mis
topolitan, with the right reverend fathers in
God, Nicholas bishop of London, Thomas
bishop of Ely, and Henry bisliop of linculn,
tir William Peter knight, one \A our said so-
vereign lord's two principal secretaries, sir James
Hales kniehc, one of our said sovereign lord's
jastices of bis common pleas, Gritlitii I^isDn
and Jolm Oliver, doctors in the civil law,
Rich. Goodrick and John Gosnold, esqrs. dele-
gates, and judges assigned and appointed, right-
Rilij and iawtuUy proceeding according to the
form and tenour of the said commisMon, for
Uie liearing, examination, debating, and linal
dctenninatiun of the causes and inattei-s in the
laid commission mentioned and contained, and
upon the crmtents of the same, and certain
Articles objected of office against you Stephen
bishop of Winchester, as more plainly and fully
is mentioned and declared in tjie said comniis-
•ion and Articles, all which we repute and take
here to be expressed ; and after bundry judicial
•Mcmblies, examinations and debatings of the
Mid cause and matters, with all incidents,
cmeigentSy and circumstances to the same
ar any of them belonging, and the same
also being by us oft heard, seen, and well
onderstood, and with good and mature exa-
ounation and deliberation debated, considered,
and fully weiglied and pondered, obs^rrving
all such order and otiier tnings as by the laws,
equity, and the said commission ought, or
needed lierein to be obser\ed, in the presence
of you Stephen bishop of Winchester, do pro-
ceed to the giving of our finiU judgment and
sentence definitive in this manner following. —
Forasmuch as by tlie acts enacted, exhibits, and
■UfllSacions proposed, deduced, and aUedgt.'d,
and by sufficient proofs with your own confes-
iion in the causes aforesaid had and made, we
do evidently find and perceive that you Stephen
biMiop of Windietter have not only traps-
pmcd the comipaudments mentioned in the
I same, but also have of long time, notwithstand-
' ing many admonitions and commaudnients given
i unto you to the contrary, remained a person
much grudging, speaking, and repiiguiug a^sainst
the godly reformations of abuses in religion,
! set forth by the king's highnei>s authority ««ithin
■ this his reahu ; and forasniuch as we do also
I find you a notable, op(M), and contemptuous
disobcycr of sundry godly and just conimnnd"
nionts given unto you by our !<aid soveroii^ii
lord and by his authority, in divers great and
weighty causes touching and concerning his
princely office, and the state and common
I quietness of this realm : and forasmuch as you
; have and yet do contempt uou^ly refuse to re-
; cognise your notorious negligences, and mis-
I belianuurs, conttmpis and di^ohedicuces, rc*-
muining still, aficr a great number of several
: admonitions, aUvuvs more and more indurate,
' incorrigible, and witliout all hope of amend-
ment, contrary, both to your oath sworn, obe-
dience, proniUe, and albo your bounden duty
of allegiance ; and for that great slander and
• offence of the people arise in many parts of
• the realm, throu«:h your wilful doings, sayings,
; and prencliing<<, contrary to the common order
' of the realm, and for sundry other great causes
! by the acts, exhibits, your own confession, and
proofs of this process more full^ ap{iearing;
con<tidering withal that nothiug edectually liatti
been on your behalf alledged, proposed, and
proved, nor by any other means appeareth,
which doth or may impair or take away the
proofs made against you, upon tlie said matters
and other the premises : — ^1 nerefore we Thomas
abp. of Canterbury, pritnate of all England and
metropolitnn judge delegate aforesaid, having
God before our cyrs, with express consent and
assent of N ichohis bp. of I^iudon, Thonnis bp. of
Ely, Henry bp. of Lincoln, sir Wm. Peter kiit.
sir James Hales knt. Griffeth Leison and John
Oliver, doctors of the civil law, Ud. Goodrick and
John Gosnold, esquire<i, judges, and colleagues
with us in the matters afort*said, and with the
counsel of divtTs learned men in the law;.,
with whom we have conferred in and upon the
premises, do judge and determine yonStephia
bishop of Winc:hesler, to be drpriveil and re-
moved from the bishopric of W mcheslcr, aiid
from all the rites, authority, emoluments, com*
modities,. and other appurtenances to the said
bislioprick in any wise belonging, wliatsoever
tliey i)e, and by these pri»sents we do deprive
and remove you from your said bishopric and
all rites and other coimiiodities aforesaid ; and
further pronounce and declare the said bishop-
ric of Winchester, to idl effects :md pu^pli^e^ to
be void by this our sentence dctinitive, which
we give, pronounce, and declare, in theso
writings.**
I'his Sentence definitive being given, tha
said bishop of Winchester, under his former
protestations, (li>scnte'l from the giving and
reading thereof, and from the 6;imf« as unjust,
and of no eliicacv or etfect in law ; and in that
the same containcth e\cct»ivc punishment, and
fur other causes expressed in his appcUatiun
631] STATE TRIALS, 3Edw.VI. \ 5 BO.-'Proceedifigs against BisfajpBmner, [M^
aforesaid, he did then and there apvd acta, im-
mediately alter tl:c pronoiincln!; ot' the sentence,
by nord of mouth appeal to the king's royal
iiKijesty first, secondly, and thirdly, instantly,
more instantly, most instantly, and asked apos-
tles, or letter^ dismis!>orials to be given and
planted uiVtt) liini : And also, under protesta-
tion not to reci'dc from the former appellation,
askt^d a ccpv of the said Sentence : the Jiidtres
dtclaiinu that they wonld lirst know the kinji's
pleasure and liis counsel therein. Upon the
reading and |i^ivjn<; of vviiich Sentence, the pro-
iuolers willed William Say and Thomas Argail to
nrnke a public instrument, and the witnesses
then and there present to bear testimony thcre-
ILUO, &c. ♦
* Upon the accession of qu«en Mary, Gar-
diner was restored to his Bishopric and made
lord chancellor. See the Communication be-
tween him and judge Hales No. 46. Htf
concurred in all that queen's violent measures,
and stimulatc>d her bigotry and persecution,
lie was a man of learning and a good Greek
scholar, as appears by the correspondence on
the pronunciation of that language between
him and Cheke who was professor of Greek in
the University of Oxford, of which Gardiner
was chancellor. See also Colonel Mitford's
Knquiry into the Principles of Harmony in Lan-
guage, sect. 13. He died the l?th of Not.
1553, aged 7U,
45, Proceedings against Edmund Roxner, Bishop of London, for
opposing the Hcformation of Rehgion : 1 & 3 Edward VL
A.D. 1J47. 1550. [2 Fox's Acts and Monuni. 658.]
Kino Edward the 6ih, in the first year of
Ids reign. Anno 15'I7, the l^t day of Septem-
ber, for the order of his visitation, directed out
certam commisMoners, as sir Anthony Cooke,
sir John Giidsauie, knights, Master Jfdin God-
saule, Christopher Nevinson, doctors of the
law, and John Madew, doctor of divinity.
Who sitting in Panrs Church upon their Com-
mission, the (Uiy and year aforesaid, there
being present at the same time J*Uimund bi-
shop of Tendon, John Uoyston, Polydore \'ir-
pll, Peter Van, nnd others of (he sain cathedral
Church, after the sermon made and the Com-
mission behig rend, ministered an oath unto
the said bishop of I^ndon, to renounce and
deny the bi«bop of Rome, with his usurped au-
thority, and to swear obedience unto tlic king,
according ti> the eflfect and fonn of the statute
made in the 31st year of king Henry 8 : also tliat
he should present and redress all and singtdar
such things as were needful within iIk; said
church to be reformed.
\\ hereupon the said Bishop humbly and in-
utanlty desired them that he might see their
Commission, only ibr this purpose and intent
(us he said) that he might the better fulAU and
put in execution the things wherein he was
charged by them or tlieir Com mission. Unto
whom the Commissioners answering, said, they
would deliberate more upon tlie matter, and so
they called the other ministers of the said
chiirch before them, and ministered the hke
oath unto tliem, as they did to the bishop
before. To whom moreover there and then
certain InterrugatoriL*s and Articles of Inquisi-
tion were read by IVrer Lilly the ptihiic no-
tary. Which done, after their oaths taken, the
•aid Cnnnnis'^ioners delivered unto the BLslmp
aforesaid certain Injunction*, as well in print
as written, nnd Homilies srt forth by the Ling.
AU which things the said bishop received, under
the words of tm Piotestaiion at AiUowilUi :
' I do receive these Injunctions and Homi-
' lies with this Protestation, that I will obserr*
' them, if they be not contrary and repugnant
' to God*s law, and the statutes nnd ordinances
' of tiie church/ - And immediately be added
with an oath, * that he never read the said
Homilies and Injunctions.'
The which Protestation being made in man-
ner and form aforesaid, the said Edmund bishop
of London instantly desired and required Peter
IJlIy, the Register aforesaid, there and then to
register imd enact the same. And so the said
commii<*!ioners delivering the Injunctions and
Homilies to master Bellussere arclideacon of
Colchester, and Gilbert Bourne arclideacun of
London, Essex, and Middlesex, and enjoining
them in most effectuous manner, under pains
therein contained, to put the same in spcedjf
execution, and also reserving otlier new In«
junctioits to be ministere<l nfterirard, as well to
the bishop as to the archdeacons aturesaid, ao
conling as they should sec cause, 6cc. did so
continue the said visitation till three of the
clock the same day in the afternoon.
At the which hour nnd place assigned, th«
Commissioners being set, and tlw canons and
priests of the said chuich appearing iiefore
them and being examii;cd upon virtue of their
oath, for their doctrine and conversation ot'
life ; first one Job. Painter, one of tlic canons
of the said caihedrnl church, there and then
openly confessed, that he viciously and cai^
nally had oi\cn tlie company of a certain mar^^
ried man's witi*, who&e name lie denied lo dc-*
dare. In die which ciime divers other canons
nnd priests of the foresaid church contiessed in
like monnef, and cuuid not deny themselres to
be ndpuble.
And after the Commissioners afiiresiaid had
delivered to master lioiston prebendary, and to
the proctor of tlie dean and o( the chapter of the
sHid catlicdral church of saint Paid, the ku^
635] STATE TRIAI5, S Edw. VI. ]550^or opposing tU Brfomiation. [654-
. njunctiont and the Book of Homilies, enjoining
iliem to see the execution thereof, under pain
therein specified, tliey wrorogueti their said
visUatioa until seven of the clock the next day
following.
By this visitation, above specified, it appears,
lentJe reader, first how Bonner made his Pro-
testation after the receiving of the king's In-
junctions, and also how he required the same
to be put in public record ; furtlicrmore, thou
hast to note tne unchahte life and conversation
of tliese Popish notaries -ind priests of Paul's.
Now what followed after this Protestation of
the bishop made, reniaineth further in the sequel
of the story to be declared ; wherein first thou
ibalt understand that the said Bishop shortly
after his Protestation, whether for fear, or for
conscience, repenting hiinnelf, went unto the
king, where be submitted himself, and recanting
his former Protestation, craved pardon of the
king for his inordinate demeanour toward his
grace's commissioners, in the former visitation.
TU Kinf^s Letter to the Commissionen concern-
in^iheliecantation and pardoning of Bonner.
Which pardon notwithstanding; it was granted
aato him uy the king, for the acknowledging of
his fault, yet for the evil example of the fact it
was thought good that he should be committed
to the Fleet, as by the tenour of the counciPs
letter sent the commissioners may appear, which
together with the fonn also of the bishops Pro-
testation and of his ilecantation, here under fuU
bivetli :
'* To our verv loving firiends, sir Anthony Cook
knight, and the rest of the commissioners for
tlie visitation at London in hu^te. After our
hearty commendations : this shall be to signify
BDto you, that we have received your letters,
and ill tlie same inclosed the copy of the protes-
tation made by tlie bishop ot London in the
time of your visitation at Paul's : your wise pro-
ceedings wherein, and advertisements from
Tou, we take in very thankful parr towards us.
And because the said bisliop, which heing here
beforv* as hath acknowledged his indiscreet de-
Btanour, did at that time at Paul's require the
Register of your visitation to make record and
enter of his pmtesiation, and now tipon better
f«>nsideration of his duty niiiketh means to
have the same rcN'okcd, ns shall appear unto
you by the true copy of his writini^ enclosed,
the original whereof remaining with us he hath
lubfcrihcd; we pray yon to cause the register to
makt enter of this his revocntion, nccordin;; to
the ten4>ur of this his said wriritip; : further »i(^ni-
fying niito you, that in respect of his oiFence, and
the evil cntampie that miglit thereupon ensue,
repair hither with conrenient diligence. Thus
fare you right heartily well. From Hampton
Court the 12th of September, 1547. Your as-
sured loving friends, Thomas Canterbury, Wm.
Saint John, John liussel, Tho. Semer, Wm.
Paget, Anthony Brown, Wm. Peter, Anthony
Dennv, Edward North."
Bonner^s B^cantation,
" Whercns 1 Edmund bishop of London, at
such time as I received the king's majesty's in-
junctions and homilies of my most dread sove-
reign lord at the hands of his hlghness's visitors,
did unadvisedly make such protestation, as
now upon better consideration of my duty of
obedience, and of the evil cnsample that might
ensue unto others thereof, appeareth to ro«
neither reasonable, nor such as might well stand
with tho duty of an humble subject : forsorauch
as the same protestation at my request was
then by tiie register of that visitation enacted
and put in record, I have thought it my duty
not only to declare before your lordships that
I do now upon better consideration of my duty,
renounce and revoke my said protestation, but
also most humbly beseech your lordships, tlmt
this my revocation of the same may be likewise
put in the same records for n perpetual memory
of the trutli, most humbly be8eeclun||; your good
lordships, both to take order that it may take
effect, and also that my former and unadvised
doings may be by }*our good mediations par-
doned by the king's majesty. Edmund Lon«
DON.'
The Registers of these affairs of Bonner's re-
main in the bands of Peter Lilly, then being
Ue^istrr to the foresaid commissioners.
The kin|; being no less desirous to have the
form of noniinistration of the sacrament truly
reduced to the right rule of the scriptures and
first use of the primitive church, than he was
to establish the same by the authority of liis
own regal laws, appointed certain of the most
grave and best learned bishops, and other of
iiis realm, to assemble together at his castle of
Windsor, there to argae and intreat upon this
matter, and conclude upon and set forth one
and ])erfect uniform order according to the rule
and use aforesaid. — And in the mean time
while that the learned were thus occupied
about their conferences, the lord protector and
the rest of tho king's council, further rcnicm-
bcring that that time oi' the year did then ap-
proach, wherein were practised many super-
stitions abuses and iihisphenioiis ceremonies
nfxainst the glory of God, and truth of his word,
determining the utler af)o)ishin(! thcr»N)f, direct-
ed their letters unto the godly and reverend
we have tliought im^t lo send him to the prison fntlier TlicmKus Cranmer, then archbishop of
of tlie Fleet, whither lie hath been conveyed bv
master vicc-ctiambei-lain. And whereas sundry
things Ibr the kins*s maj/s <ervict.> do now occur
here, which require the pre*«nt attendance of
yoa sir John Cyodsaul, a^ well for your otlice of
the signet, ns of the proronotarysfup, wc pray
JM that leating tlie execution of the visitation
I9the KM of your ooUcugues, you make your
C'nnterbnry, and metropolitan oC England, re-
(]uiring him that upon the receipt thereof ht
shunid will every oishop within his province,
foithwiih to cive in charge unto all the curates
of their diocesi's, that neither candles should
he any rnon- home upon (.^nullcmas day, neiilici*
yet ashes n>ed in Leiu, nor palms upon Palm
Sundav.
Whereupon the archbishops, zealously favour-
ing the good and Christianlike purpose of the
king and his council, did immediateljf in that
behalf write unto all the rest of the bishops of
that province, and amongst them unto Edmund
Bonner then bibhop of London. Of whose re-
bellious and obstinate contumacy for that we
liave hereafter more to say, I thought not to
stand now long thereupon, but only by the way
somewhat to note his former dissimulation and
cloaked hypocrisy, in that be outwardly at the
first consented as well unto this, as also unto
all other the king's proceedings, but whether
for fear or for any otlier subtle fetch I know
not, howbeit most like it is, rather for one of
them or both, than for any true love. And
therefore receiving the archbishop's Letters, as
one of them seeming to allow the contents
thereof, he did presently write unto the bishop
of Westminster, and to others to whom he was
appointed, requiring them to give such know-
ledge thereof in their dioceses, as thereunto
appertained; as more plainly appeareth by
these his own Letters here inserted which here
do follow :
A Letter missive of Edmund Bonnery sent to the
Bishop of Westminster, with the tenor of the
ArchbishopU Letter for abolishing of Can-
dles, Ashes, Palms, atul other Ceremonies,
" My very good lord, after most hearty
commendations, these be to advertise your
good lordship, that my lord of Canterbury's
grace this present 28th day of January sent
unto me his letters missive, containing this in
effect, that my lord protector's grace, with the
advice of other the kiyg's majesty's most honour-
able council, for certain considerations them
moving, are fully resolved that no candles shall
be borne upon Candlemas day, nor also from
henceforth ashes or pahns used any longer : re-
quiring mc thereupon by his said letters, to
cause admonition and knowledge thereof to be
given unto your lordship and other bishops
with celerity accordingly. In consideration
whereof I do send at this present these letters
unto your said lordship, tnat you thereupon
may give knowledge and advertisement thereof
within your diocese as appertaineth. Thus I
commit your good lordship to Almighty God,
as well to fare as your good heart can best de-
sire. Written in haste at my house in London,
the said 28th day of January, 1548. Your
good lordship's to command, Edmund Bonner.*'
Now, about that present.time credible and
certain report was made unto the lords of the,
council, that great contention and strife did
daily arise among the common people in divers
parts of this realm, for the puUing down and
caking away of such images out of the churches,
as had been idolatrously abused by pilgrimages,
offerings, or otherwise (according to the tenor of
one of the injunctions |iven by the king in his
late visitation) some aflirmin^ tliat that image
vras abused, others that this, and most that
oeither of them both ; so that if speedy remedy
were not had Ihereio, it might turn to fiirtUr
— Proceedings against Bishop Bonner, [656
inconvenience. Wherefore they, by one ad-
vice thinking it best (of good experien^) for
avoiding of all discord and tumult, that aU
manner of images should be dean taken out of
all churches, and none suffered to remain, did
thereupon again write their letters unto the
archbishop of Canterbury, requiring his ready
aid therein ; in manner following :
Another Letter of the Council sent to the
Archbishop of Canterbury , for the abolishing
of Images,
*^ After our right hearty cooamendations to
your good lordship, where now of late in the
king's majesty's visitations, among otlier godly
injunctions commanded to be eeneralJy ob-
served through all parts of this his highness's
realm, one was set forth for the taking down
of all such images as had at any time been
abused with pilgrimages, offerings, or censiogs,
albeit that this said injunction hath in many
parts of tliis reahn been quietly obeyed and
executed, yet in many other places much strife,
and contention hath risen and daily riseth, and
more and more encreaseth about the*executioQ
of the same ; some men being so superstitious,
or ratlier wilful, as they would by their good
will retain all such images still, although they
have been most manifestly abused. And in
some places also the images, which by tba
said injunctions were taken down, be now re-
stored and set up again ; and almost in every
place is contention for images, whether they
nave been abused or not. And while these
men go on both sides contentiously to obtaia
their minds, contending whether this or that
image hath been offered unto, kissed, censed,
or otherwise abused, parts have in some places
been taken in such sort, as further inconveni-
ences be like to ensue, if remedy be not found
in time. Considering therefore, that almost in
no place of this realm is any sure quietness, but
where all imaees be clean taken away and
pulled down already, to the intent that all
contention in every part of the realm for this
matter, may be clearly taken, and that the
lively image of Christ should not contend for
the dead images, which be things not necessary,
and without the which the churches of Christ
continued most godly many years ; we have
thought good to signify unto you, that his high-
ness's pleasure, with the advice and consent of
us the lord protector and the rest of the council,
is, that immediately upon the sight hereof, with
as convenient diligence as you roay^yoa shall
not only give order that all the images remain-
ing in any church or chapel within your dio-
cese, be removed and taken away, but also
by your letters signify unto the rest of the
bishops within your province, that bis hkb-
uess's pleasure, for the like order to be givraoj
them and every of them within their tevenl
dioceses. And in the execution heieof^ »e i«-
quire both yon and the rest of the
to use such foiwMtbt aa *^ ^a
etiy dopA
pbai
037] STATE TRIALS, 3 Edw. VI. I550.^far opposing the Rrformatim. [63S
beardljr well. From Somerset Place the 11th
•f Feb. 1548. Your lordship's assured loving
frieodsy Edw. Somerset, Henry Arundel, Anth.
Wiogfieldy John Kussel, Tho. Senier, Wm.
PagK."
When the archbisliop had received these
letters, be forthwith directed his precept unto
Bonner bisliop of London, requiring, and in
the king's majesty's name commanding him,
that witn all speed he should as well give in
char;^ onto the rest of the bishops within the
proviDce of Canterbury, to look immediately
witbont delay onto the diligent and careful ex-
ecution of the contents of the said letter
through all places of their diocese; as also
that be himself should do the like within his
own city and diocese of London. Whereupon
be seeming then, witli like outward consent as
before, to allow these doings, presently (by
virtue of the said precept) did send out liis
Mandaium as well unto the rest of the bishops,
as also aeain onto the bishop of Westminster,
in form rolbwing :
The Letter of Edmund Bonner sent with the
Arckbiihofrs Mandate, to the BUhop of West-
mUuter^Jor abolishing of Images.
^ EoMUNDrs permissione Divina London.
Episcopus per illuatrissimum in Christo prin-
dpem oc Domioum nostrum, Dominum £d-
wiudum sextum, Dei gratia, Anglix, Francis,
& Hybernis Regem, fidei Defensorem, & in
terra Ecclesiae Anglicans & Hybernics supre-
iDom caput, sufficientbr & legitiinb authorisatus,
Beverendo in Christo confratri nostro Domino
Tbooia* eadem permissione West. Episc. salu-
tem ISi fratemam in Domino chantatem. Li-
teras reverendissimi in Christo patris & Domini
D. Tho. permissione divina Cantuar. Arclii-
t'piscopi, totius Anglis Primatis, & Mctropoli-
ttni, tenorem literarum missarum clarissimorum
& prudeutissimorum dominorum de privatis
coDsiliis dicti illustr. dom. Regis in se continen.
nuper cum ea qua decult reverentia humiliter
recepimus exequend. in hsc verba. Thomas
peraiissione divina Cantuar, &c." And then
making a full recital as well of the archbishop's
preceot, as also of the councils letters above
ipecioed, he concluded witbthesc words ; " Quo-
area nos Edmund. Episcop. antedictus, litens
pnedictis pro nostro officio obtempcrare, uti
decet, summoperc cupientes, vestra: fratemitati
tun ex parte dicti excellentissimi Domini
Dostri R^DS| ac prsfotoruiu clarissimorum do-
BUDomm at privatis suis consiliis, qunm prae-
dictiRevefeDd. Patris Domini Cantuar. Archie-
pisoopi, tenore praeseutium committimus &
inaoaamut, quatenus attentis & per vos dili-
fenter consideratis literarum hujusmodi teno-
ribof, eo9 in omnibus & per omnia, juxta vim,
tonnam, & efiectum earundem, cum omni qua
poieritoeleritate accoromodajper totam Dioces.
ttrui West, debits & effectualiter exequi
'^^'^ 4e moGWMis. Datum in sdibus nos-
die Febr. anno Dom.
'Wntriuini doauni oostrit
Now, by the time that these things were thus
determined, the learned men which the kuig
had appointed to Assemble together for the true
and riglit manner of admmistering tlie sacra*
ment of the body and blood of Christ according
to the rule of the scriptures of God, and first
usage of the primitive Church, after their long^
learned, wise, and dehberate advises, did finally
conclude and agree upon one godly and uni-
form order of receiving the sxmie, not much diP>
fering from the manner at this present used and
authorized within this realm and Church of
England, commonly called the Communion.
Which agreement being by them exhibited unto
the king, and of him most gladly accepted, was
thereupon puhlicly imprinted, and by his ma-
jesty's council particularly divided and sent
unto ever]^ bishop of the realm, requiring and
commanding them by their letters on the king's
majesty's behalf, that both they in their own
persons should forthwith have diligent and carc-
fiil respect to the due execution thereof, and
also should with all diligence cause the books
which they then sent them, to be delivered unto
every parson, vicar, and curate within their
diocese, that ihey likewise might well and suf-
ficiently adviic themselves for the better distri-
bution of the same communion (according to
the tenor of the said book) against the feast of
Easter then next ensuing, as more fully appeiv-
eth by these their letters here following.
Letters missive Jrom the Council^ to the Bishop»
of the realm f concet ning the Communion to be
ministered in both kinds,
" After our most hearty commendations
untf) your lordship, where in the parliament late
holden at Westminster, it wiis amongst other
things most godly established, tliat according to
the first institution and use of the primitive
church, the most holy sacrament of the body
and blood of our Saviour Jesus Christ should
be distributed to the people under the kinds of
bread and wine, according to the efiect where-
of the king's majesty minding, with the advice
and consent of the lord protector's grace and
the rest of the council, to have the said statute
well executed in such sort, or like as is agree-
able with the word of God (so the same may be
also faithfully and reverently received ot his
most loving subjects, to their comforts and
wealth) hath caused sundry of his majesty's most
f;rave and well learned prelates, and other
earned men in the scriptures, to assemble them-
selves for this matter : who, after long confe-
rence together, Imve with deliberate advice fi-
nally agreed upon such an order to be used in
all places of the king's majesty's dominions in
the distribution of the said most holy sacrament,
as may appear to you by the book thereof which
we send herewitli unto you. Albeit, knowing
your lordship's knowledge in the scriptures, and
earnest ^ood will and zeal to the setting forth
of all thnigs, according to the truth thereof, we
be well assured, you will of your own good will,
and upon respect to your duty, diligently set
forth tnis most godly order here 4igrecd upon*
6S9] STATE TRIALS, 3 Edw. VI. 1 550.— Procea/w^i against Bishop Bomier, [OiO
and commanded to be used by the authority of
the king's mRJesty : yet remembering the crafty
practice of the devil, who ceases not by his
members, to work by all ways and means, the
hinderance of oU godliness; and considering
furthermore, that a great number of the curates
of the realm, either for Inck of knowledge can-
not, or for want of good mind will not bo so
ready to set forth the same, as we would wisli,
and as the importance of the matter and their
own boundcn duties requires, we have thought
good to pray und re<^uire your lonlsliip, and
nevertheless, in the king's majesty's our most
dread lord's name, po command you to have an
earnest diligence and cureful respect both in
your own person, and by all your officers and
ministers also, to cause these books to be deli-
vered to every parson, vicar, and curate within
jour diocesCf with such dilijsence as they may
have sufficient time well to instruct and advise
theniselres, for the distribution of tlie most holy
Communion, according to the order of this
book, before this Raster time, and that tiiey
may by your good means, be well dirt!Cted to
use such good, gentle and charitable instruction
of their simple and unlearned parishioners, as
may be to all their good satisfactions us much
as may be, praying you to consider, that this
order is set forth, to the intent there should be
in all parts of the realm, and among all men one
uniform manner quietly used. The execution
whereof, like as it shall stand very much in the
diligence of you and others of your vocation ;
so do we eibioons require you to have a diligent
respect thereunto, as ye tender the king's ma-
jesty's pleasure, and will answer for tlie con-
trary. And thus we bid your lordship right
heartily farewell. From Westminster the 13th
of March, 1548. — Your lordship's loving friends,
Tho. Canterbury, R. Rich, \Vm! Saint John,
John Russell, Hen. Arundel, Anthony Wing-
liald, William Peter, ILdward North, £dward
Wootton."
By means as well of this I>etter, and tlic
godly order of the learned, as also of the statute
and act of pariiament before mentioned, made
for the establishing thereof, all private hlasplie-
mous masses were now by just authority fully
abolished throughout this realm of England,
•nd the right use of the sacrament of the most
precious body and blood of our Saviour Jesus
Christ truly restored instead of the same. But
nevertheless, as at no time any thing can be so
well done of the godly, but that the wicke<l wHl
find some m«ans subtilly to deface the same :
80 likewise at this present, through the perverse
obstinacy and dissembling frowardness of many
the inferior priests and ministers of the cailic-
dral, and other churches of this realm, tlioiv did
arise a marvellous schism und variety of fashions
in celebrating tlic common service and admi-
nistration of the sacraments, and other rites
and ceremonies of the church. For some,
ce)ilou«ly allowing the king's proceedings, did
l^ladly follow the onier tl^reof; and others,
tliough not so willingly admitting them, did yet
ditacinblingly and patchingly use some part of
them ; but many, carelessly contemning all,
would stiU exercise their old wonted popery.
Whereof tlie king and his council hawiag
good intelligcuce, and fearing the great incon-
veniences and dangers that might happen
through this division, and being tliere witlial
loth at^the first to use any great se^-erity to-
wards his subjects, but rather desirous by some
quiet and godly order to bring them to some
conformity, did by their prudent advices again
appoint the archbishop of Canterburr. with
certain of the best learned and discreet bishops
and other learned men, diligently to conaider
and ponder the premises: and thereopony
having as well an eye and respect unto the moiC
sincere and pure Christian religion taught by
the holy scriptures, as also to the usages of the
primitive church, to draw and make one conve-
nient and meet order, rite, aad fashion of com-
mon prayer, and udroiuistration of the sacra-
ments, to be had afid used witliin this hit realm
of England, and the dominions of the seme.
Who afler most godly and learned confisrences,
through tlic aid of tbe Holy Ghost, with one
uniform agreement did conclude, set fbrtii,
and deliver unto tbe king's highness, u book in
English, intitlcfl, * A Book of the Common
Prayer and administration of the sacraments,
and other rites and ceremonies of the church,
after the use of tlie church of England.' The
which his highness receiving, with great con-
fort and quieuiess of mind, did forthwith exhi-
bit unto the lords and commons of the per-
liamenl then assembled at Westminster, about
the 4th of November, in the 2od year of bis
reign, and in the year of our Lord 1548, and
continuing unto the 14th day of March, then
next ensuing.
Whereupon, the lords spiritual and tem|>oraf ,
and the commons of the said parliament assem-
bled, well and tlioroughiy considering, as wdl
tlie most godly travel of the king's hi^ness, of
tlie lord protector, and other of his majesty's
council, lo gathering togetlier tine said arclt-
bishop, bishops, and other learned men, as the
godly prayers, orders, rites, and ceremonies in
tlie saul book nu>ntiooed, with the consideration
of altering those things vhicli were altered, and
retaining those tilings which were retained in
the same book ; as also tlie boBour of God,
and great quietness, which by die graoe of God
should ensue upon dvA one and imifrrrm rice
and order in such common prayer, rites, and
external ceremonies to be used toi)oudbou£ £ae-
land, Wales, Calico, and liie Marches of ine
same, did first give unto his hagboess ommC
lowly and hearty thanks for the aaose, and tkea
most humUy prayed him that it might be or-
dained, and enacted by his majesty witJi the
assent of the lords •and comaioas in that pac-
liament assembled^ &*)d by the authority otf*
the same, Uiat hut oidy all and singular pei>-
son and persous diat had hitheixofijre oflended
concerning tlic prciuibos others cfaaa inrh af
were then remniiiing in ward in the Tover of
London, (or in the Fleet) ni^
thereof, but also that all and
04 1 ] STATE TRIALS, 3 Edw. VI. 1 550.— for opposing the Reformation. [0 \2
in any cathetiral or pHriish churches or other
places within the realm of England, Wnlcs,
Calice, ami tlie niurci'.es of tie same, or other
the kiiijg'MJutniriioiis, should t'rnru nnd after the
feast of Pentccaai next comiiiu;, be bound to
imprisonment by the space of six months with-
out bail or inainprizo, nnd for hi^) s(.-c'()iid oilbnco
iui|irisonnieni during his life. Which re. juesty
or rather actual a(;reement of ilie lonU and
comnions of the parliament, being once under-
b:\j and use the matins, evcnyoiig, celebration stoud of the king, uns aiso soon ratified and
oi tlie Lord's Supper, and uduiinis; ration of confirmed by his regal consent and authority,
eacii of the Sacrainuiits, and all other common and thereupon the said bouk (f coinmon prayer
and upen prayer, in such order and form as ' was presently imprinted,, und connnanded to
Hus nie'.itioiied in the snid bo'jk, and none other ! be exercised thro(ii;hout tia^ vxlnde re:dm and
or otlierwise. And albeit that they were so dominion^ thereof, acconihig to the tenor aud
eodly and good, llait they gave occasion unto ^ ctTe: t of the raid statute.
e\ery houe?t nnd conformable man most wil- : Moreover in the same session of the said
lingly to embrace them ; yet lest any obstinate | parliament it was enacted and established by
peni«)ns, who willingly iTould disturb so godly ■ the authority thereof; That for as much as
an order aud quiet in this re.tlm, should go un- ! great, horriUlc, and not ti) be rehearsed incon-
punished, they further requested, that it might \ venieuces luid from tinir: to time risen amon^zst
be ordained and enacted by the authority afore-
said, that if any manner of parson^ vicar, or what-
ftoerer other minister that ou^ht or stiould say
or sing, commrm prayer, mentioned in the said
book, or miaibter tiie Sacraments, should after
Che s^.id feast of Pentecost, then next coming.
the priests, ministers, and oti.er otiicer*i of the
clergy, through tiieir compelled cliustitv, and
by such laws as prohibited them the gorily and
lawful use of marriage, that tliereforc all and
every law and laws positive, canons, constitu*
tions, and ordinances thcietoforc made by the
refuse tu use the said common prayer, or to authority of man only, which did prohibit or
ministrr the Sacraments in such cathedral or forbid niarri^ige to any ecclesiastical or spiri-
parish churches, or other places, as he should j tual person or persons, of what estate, condi-
use or minister the same, in such order and : tion or degree soever thi-y were, or by what
fonn as Uiey were mentioned, and set forth in I name or names thry nere called, which by
the said book ; or should use wilfully, and ob> | God*s law, may lawfully marry, in ail nnd every
stinately stmidiag in the same, any other rite, I article, branch and sentence coiKcrning only
ceremony, oider, form, or manner of mass,
openly or privily, or matins, e\en-song, admi-
nistration of tlie Sacraments, or other open
prayer than was mentioned, and set forth in the
said liook ; or should preach, det'laie, or speak
any thing lu the derogation or dcpra\ing of the
said book, or any thing therein contamed, or
ot any part thereof, and siuiuid be thereof law-
ftdly convicted according to the la'.vs of this
realm bv verdict of twelve men, or by his oi%n
confession, or bv the notorious evidence of the
faci, should lose and forfeit, unto tlw king's
Iiii!hncs9, his bciri and successors, for his first
otiencc one whole year's profit of such one of
the prohibition of the marria(:e of the persons
aforesaid, should be utterly voiil and of none
eil'ect. And that all manner of forfeitures,
pains, penalties, ciimei or actions winch were
in the <!.iid laus contained, and of the saro^
did follow, concciniug the ])roliibition of the
inarri.i«:e of it.e said cccU s::islicai persons^
should be thencctorlh also ciertrly nmj utterly
void, frustrate and of none etTcct. liy orcnsioa
whereof, it was thence after light laMful for
any ecclesiastical person, not hi\in«v the gift of
chastity, most godly to live in tlie pure and*
holy estate of mairiniony according toibe lanj
ami word of God. liut if the tirst iojoiic;i"ii;.
his benefices or spirit ud promotions, as it statutes, and decrees of the prince were of
sliould please the king's highness to assign and many but slenderly regarded, with nacfc !»^
appoint; and nlso for the same otFence should j good atrection were the*>e (especiaUf liie L'X^^
suffer impri'tonmeiit by the space of six months ' of common praytr) of divers now'/ecertr ;
without liail or niainprize. But if any such i yea, and that ot some of them, mV^ mi a»
perton, aller his first ctmvict ion, should efisoons I ways before in ontwRrd shew wi!lii«b' w.ri'i
otfenri again, and be tliereof in form aforesaid ' the former doings, ua appearetb
iai«fully convicted, then he should for his i^e- | (amongst other^; by liunner the LJiSKf .
cond olfence sutler iinpri^unment by the space ; don. Who although, by his furacr
of one whole year, and should alv) be de- | and other mandates, he seemed AcSe-"«
prived, ip^o /ar/o, of all hi'> spiritual promotion'* | voiir all the king's proceediop: m sii:
forever, ko that it should be lawful for the . that proaent (n'ttv%ithstandia|iijbat - -
patroiiH nnd donors thereof to give the Mmc ; Intcfor tlie cMaiilishing nf if i
again unto any other learned man, in hke ; the abolitiiing of all piink
manner as if tlie said party so ofTendin.; were this statute of the rab^i^ m€ c.r
dead. And if any the saul porMm or persons
ftlHiuld ns;iiin the tiiird time oit'end, nnd be
thereof in f«»rni aforesaid lawfully convicted,
then lie should for the <aine third oiVinc'j
suffer ifTipiis<niinent during his hfc. It any
Mch person or persons aforefaid, sn olfending
hiwl not any benefice or spiritual proinoti(m,
that then in should for bis ftr«t ofttuee sulTer
VOL. 1.
the book of coiiiuton
idolatrous private
the apostles mas«,
like) to be daily
prculiar chapels of ;M
Paid'n, cioakiiift
apu^tles comm
nion, not onoe
'J I
Oi3] STATE TRIAIJS, 3 Edw. VI. \5!^0.^1*j'ocetJins$ agamsl Bishop Bomer, [OU
ftiuli tiinr a^ the li>ril> tit' tlic cuuiuil, hnung uicndatiuns. So ici«, this Wednesday the S6th
iiucM.uciuv tli< rcof, \«ct-e I'.uii !•}- tiitir litters ot' June, going lu dinner, I received letters from
ti> C(ji::iii:>n(l and cliuiize l:ink t.t lottk hvtler the king's council bv a pur>uivant, and fkic same
il.( -.iistii';. Aiitiititii \}vw*z ihcrLiijih some- I do bcnd now here v\ith unto fou, to tlie intent
%^li:il jTKr.LMi t(M-i\aiii> {uiiiii|>> )\ t'lMi) he yon may pciuse them well, and proceed ac*
w.i^ c tntmi to (h:cct 1::^ kKers ui t • il.i dean Ctirdingly ; praying jou in case all be not pre-
anti <lKiptir itf lu» c.uht'hMl chuicn ot t'<iut*», sent, yet ilio^c that he now resident ond »iip-
tlincl'V r(-i{ lO.'tii:::; ihf ni furthuiih to taku Mich plwi:^ the |.-laccs. luav in their ubsence call the
oriU'r ti'.Licii), as ni ti-.f itnor of li.c Lo^mc.l'i tomp iny tugether nt the church, and make de-
S'liil 1( t'l i^, th( ro>Nithal n-m imtu tin in, tlul in.- , cluiuiiun hereot nut i ttiem : thus cumaiittini{
j'r»;i. Ii'.tii \%Ui>;h If trtr.> 1 Ikuc, t^ir tl.fUioie yi>u tj (Jod, ri::lit well tu fare. Writteti wiili
crciiit, hc'ic loliowiii^ i(iM.-i';i.-J. »pecd thia C'Oth oi June, ut one ot* the clock.
4 , ,. J' A 1 ^' w i" . i- I ^ I \onr lu\.ni» hrother, Ed. London."
{•'/"■ f 'f^''''J '<<:>• '''•■f)'''?;(^<>''»"' '■•■ Over a...tbo»idc. all iMs. the LonlPnUector,
pnw and learned
u;>id uHikr the Humt ij <^f -^/'O-^'" Cuwiau- ; ^.„„^„^^.„j ^„^, .etilng i.r.^ard of the king's
^' iitini: ft' f •riiu te Muiu s, nn /;. «7i/ , / /i t ^l/xis- =
'"^^' i at) D'dlv proceed i Up, called before them all the
*' At\er hearty couinicnda'ions: having very i iu^llce» or peace, whcie was utierad unto tiaem
creJi! It nutice that within that ynur cathidial by the lord Uich, then lord chtmccllor, un clu-
churcii ti;crc In.' as yet the apo^tles ^la^s, and ' ijutnt and learned admonition, the teuur wbere-
our luily'> ma^$, and otlier nuo^e^^ ot'kuch picu- . of eusueth:
liar nnnie>, under the defence and com mat ion | " It liaih hrcn used and accustomed be tore
of I'Ur lad\*> Khiiniuiiion, and t»e a{>u>r e^ cum- this tini< , to call at ci-rtain tiuiL:> the justices ot*
ninnion, used in private chapeU r.ml ('Ciur ' peace before the king's maitMy*s ci.uncil, to
rciiiute placcaof the <anu', ard nut inthcchan- J give unto tliem udnijustion ur warning, ddi-
eel. cimlrary i:nti> iIk- knig's uinjc>t\'> | ncei ri- ; gently, as is their du;y, to look m the observing
inc«. ihv >aine l>eini: fur the nll^cie d:^pll'U;i(lg j uf ^ucli things as tecunmiittid to tlieir charges,
toliiid ; f >r the | lactr P.tur>>, in examplo i:>it j accurdinp to the trust which tlie king's majeatj
tt'ltTiibli ; f'tr tliffi-odnessof the r.uiiio, a >rorii | }::>t:i in tiitm. IluMbeit, now at tlus time we
to il.L- nvt'iince of the cuunmiiiion uf the Loiu's j cail you bcfnre Us, not only of custom, but rat-
body and Mood: ue fur tlic augmcntati'in of j tl:er'ofncc«.'a>«iry. Tor heariug daily, and per-
il oil's Ikir.ii^i and gli>ry, and thr- C(iii«<.i<: ncc ui | reiving uf necei-ity. as we do, the great iiegU-
lii> in iic.>T\'> l.iw*, and theatuiJitm ni in'.rninr, . i;ince, and the itvle heed winch is lakeu aoil
ba\e ti.o.ii^l.t £<v)d tu will and cu.i.Manil ymi, ■ pi en to ilu- oiiMru:>^ of tlie goo<l and whole-
that frc!n henctt'iTth no such ma >. s in ti.ia ^.jmc l3v> and Diders i.i tln» realm, wlicreupou
mani-.er he in your church an\ !. ri^cr imJ, I ui imaii disordk.*- duih «iady cutue, and tlie king's
that ti.e holy blo>«ed coninmni m, ai cinuii-.t: t<i • maji^ty's pmriamaiijusand orders takirn by
the act of p.irhanier.t, l-c min-.^tciiii at ti.e hiji the cjurc;!. as wo ai-e advcrli<:cd, not executed,
nhar of the chuich. nr.d in n-> • i.^ir plxi s ui i c!ic petiplearc brought todi>oi.ed;eiice, and in a
the >aiuc, and on-y a: ?.:ch tu:ii a? yuur ii^h i maantT a J l.is majesty's >tudy andi»ur«, in set-
masses w(.:c %\or.i t.i be '.i-e«l. ext.cpt suine i.uin- tiui! a coi.d and nioM k;(idly >tay, to the honour
bcr of pct»i !c- c!e>:rc f'r their i.c\.«'M;iiy Lu>i- *ii i'nA and the quiet i»f the re:uiD, is spent in
nesf lo ha\e a cuinmunion ni tiit ii:"nti::ir, aisi! \ani, ai.ii come to nothing: the which as we
yet the same lo he executed in tho ciamcil at tia haie ^rtal hope and tmst not to be altogether
hi^h aUar. as :t is afipuiatcd in i! r hi)>k o\ :;)c sn, \t'i xi much as it is, and kO much as it lack-
pul.Uc Mni-v. witla'Ut cnutili or fi:?^u<iin e:h <if the- keepir.g the realm in a ni«)st gmilj
fr.iMi tie ci iinmin ordi-r. And hr:i::i ym >!..dl orJer and ^tay, we mu.ot needs impute and lay
n It oily satisfy our f\pertatn':i «»f y- ur c.i:.- iht- L.tslt tiiereof m you which arc the just.ces
fu:i -iv ::i «!' i.iw:Vl tiMips, but i?!- » av.i 'i t:.e uf | t:U"e i:i etcry sliire, to whom we are wont
inu:»ni'r «»f>unii.y that he lherLV\i«f- iu-t^y os to (!:.'-ei t our writini:«. and to whose tru^t and
Kr.diJ. And 5>o we hid yuur I iiil*!.:!' hi .uviy ciia:::*: lie kin:;*s in.ijcs'y hath committed the
farcwifli. I'l'iMu Kichav.itd. t'.ie Jr:i > i J...i(., e\ci ;.ti^n uf all his pri>clamat ons, of lu« HCt» of
Ar.r. Ij J«i. V. ur lo^inj fri- 1.»!-, V. '.^\,'n\ > >- jia;,: nniLt, and Qt l.:^ i.iws. — We arc infonned
mcr>>cc, V» ::•. S.i ni John, l.ihi «:' d M' i.r '!:•.•% rli .t many , if you are >j ncjl c;ent and so alaclL
K. \{,v\\ lUanLcilL'r. I'rancis ^hI«. A-bur;, \\ ui. hertin, t:iat it dot-i appear you do look rather,
Cei.il." ' as ;t V. r.-v, ti;ri"U:.h yuv.T tinkiers, ilk-.n uiliiccnilT
^Lc t i li.c txtxutiou o: thu Mid laws and uro-
Bcnr.ir^ LctUr to '^«^ •(>«" ^'--^ C*«p/<r r' ^h;.., ,; ...,^. ^'^^ iy- y .-^ «ould, according lo
""^* *• y .u.- dr i^, to y«^ur iMih, m the tiu»t wluch the
^ To w.\- liiiht worsIiiLfui fr..r..ir. and most kiiij'> i;-.. ji^tv ti.«tu in viiii, eive vour dih;:tnce
loTii:g go-iii I rcthren, master 0«*aii o: Paul's, a<i(i cic :on^hrd the execu;:ou ut tiie same
with alt the Canons. lUfrideoiarit.-. rriL»:;ri.i. ii.>: l ' 'ly ^tatiites and iuiuaclions, there
rief, SuLde:ins and Miuistcn of tins s.in:f, and s;i luld :.■■» c: subedit: nee, n«>r disorder, nor evil
cvcrvof tlxm with s^teed : , rrle 1'. ■ c^uu ur rise lu any pari of the realm,
"'O^gjhl noRh'.ffulj iiAih mo» Lcurty cjm- but it «UJuld bj ami b/'bie icpresMd, kept
1
6*5] STATE TRIAIJ5, 3Edw. VI. I550.-^for oppoiing the Htfarmation. [6^G
«iown and reforroed. But it is feared, and the
thing itself giveth occasion thereto, that divers
of you do not only not set forth, but rather
hinder, to much as iicth in you, the king*tt ma-
jesty's proceedincis, and arc content that tlicre
siiould arise some disobedience, and that men
diately by you represt and punished. — And if
there should chance any iewd or liglit fellows
to moke any routs or riots, or unhivi t'ul asi^em-
blies, any seditious u>ectings, npro;ns, or up-
rising's iu any place hy the seditious nod devil-
ish niution of some privy tnutors, that you and
should repine against godly orders set forth by I they appease them at the first, and apprehend
Ills majesty, you do so slackly look to tiie cxe- : the first author and causer thereof, and certify
cution of the same, so that in some shires, I us with speed. The hghtnc^s of the r'lde ar.d
which be further oft", it may appear that the i^norsuit people uiu^t be leprest and ordered
people have never heard of divert of his n»a- by your j;ravity and wibdom. And here you
jest y*8 proclamations, or if tiicy have heard, you uiny not, if any such thio^ citance, dissemble
are content to wink at it, and to neglect it, so | >vitl) those such lewd men, and hide yourselves,
that it is ail one as though it were never com- j for it shall be required of you if such misorder
manded. But if ;|fou do consider and remem- t be; and surely without your aid and help, or
l)er your duties first to Almighty God, and then ! your dissemtijinir, such mi«>order cannot be.
to the king's majesty, the wealth of the whole
realm, and the safeguard of your ownselves;
jou must ne^s see, that except such orders as
the king's majesty hath set and hereafter shall
appoint, l)e kept, neitlipr can the reahn be de-
ft:nded, if the enemy bhould invade, nor can it
in peace stand, but upon the contempt of good
and wholesome laws all disorder and inconve-
niences will come, the. people will be wild and
savage, and no man sure of his own. — If at
any lime there was occasion and cause to be
circumspect and diligent about the same, there
Nor do we say that hc fear any such thing, or
that there is any such tiling likely to chance ;
but we give you warning bel'ore, lest it f«hould
chance. — Wc h^ve too mucli experience in this'
realm, what inconvenience roincih of such
matters. And though some light persons in
their rage do not consider, yet we do not doubt
but you weigh it and know it well enough.
And if it should chance our enemies, who are
maintained by other fjrrii;n power and tlie
bishop of Rome, should suddenly arrive in
some place iu Englanrl, either driven by tcin-
was never more time than now. How we stand I pc»t, or of purpose to do hurt, ye should see
in Scotland you know, and that there forei(;n
power maketh great preparation to aid thein,
and indeed doth come to their aid; whereof we
are surety informed and certified. Wherefore
it there should not l)e good ordtr and obedi-
ence kept in the realm, the realm were like
utterly to be destroyed. Never foreign power
could yet hurt, or in any piirt prevail ui this
realm, but by disobedience and misorder within
such order kept by firing of the l.'eacur.s, as
hiith already been written unto you by our let-
ters, 10 repulse the same in so g )od array as
yo:i can, as we do not doubr bni you will f<»r the
safeguard of your country, so that tliC cr.cmy
shall hnve little joy of tiis c-iniing : and lor
that purpose yon sli:dl see diligently th:ic men
have horse, harness, and other furiiiturc of
wtNipon ready, acronling to the sttitiites and
ourselves. 'Ihat is the way wherewith God j go'id orders of ihe realm, and the king's majes-
will plague us, if he mind to purfi&h us. And ly V co:nmaudnieuts. And so for tliis time ye
so long as we do agree among ourselves, and be • may depart."
obedient to our prince, and to his godly orders
and laws, we may be sure that (iod is with us,
and that foreigyi powers shall not prevail
against us, nor hurt us. — Wherefore once
again, and still we must and do lay this
charge upon you that arc the better of the
shire, and justices of peace, that with so conve-
nient speed as you c.n, you do repair down
into your countries, and yon shall give warning
What zealous care was in this young king,
and in the J-^rd Protector his uncle, concern-
ing Heformation of Christ's Church, and sin-
cere religion, by these Injunctions, I-ttters,
Precepts, and Exhortation«, as well to the bi«
shops, as to the justices of the realm above
premised, it may rigiit well apfrear. Whereby
we have to note, not so much the careful dili-
gence of the king and his learned council; as
to the gentlemen of the shire, which have not j the lingering slackness and drawing back, on
necessary business here, that they repair down | the other side, of divers the said justices, and
each man to his country, and there both you -lawyers, but especially of bislk>ps and old
and they, who be reckoned the stay of e\'ery
shire, to see good order and rule kept : You,
that your sessions of gaol delivery and quarter
sessions be well kept, and therein your meet^
in^ be such, tliat justice may be well and truly
mmistered, the offenders and malefactors pu-
nished according to the laws of this realm with-
out any fear of any man, or that for favour you r. ^ r» -
should suffer those to escape, which with their \ mont of the learned, the willing consent of the
evil example might bring other to the like mis- i parliament, and his grace's own zealous desire,
hap, and that all vagabonds and lewd and \ to lake so small effect among his subjects ; he
popish curates, by whose cloaked contempt,
wilful winking, and stubborn disobedience, the
hook of the common prayer was, long after
the publishing thereof, either not known at all,
or else very irreverently used tlirougii many
places of the realm. Which wheaijie king by
complaint of divers perfectly understood, lieing
not a little acgrieved to see tlie godly agrec-
lignt tale-CiE^llers, and seditious bearers of false
news of the king's majesty or of his council, or
lach 89 will pmch without Ucuiice, be iminc-
decrced presently, with the advice of his whole
council, hguin to write unto all the bishops of
his realm, for speedy and diligent redress
047 ] STATE TRIALS, 3 Edw. VI. 1 SSO.-^Proccedings against Bishop Bqmier, [<J4S
therein ; willing and commanding them there- .
by, that as well they tbem^elves should thence- |
forth have a more special regard to the due '.
execution of the premises, as ulso that all ■
otbera, within their several precincts and juris- 1
dictions, should hy their good instructions and j
willing example he Che more oftener, and with
better devotion, moved to use and frequent the
tame. As further appeareth by the contents
of ttiis Letter here ensuing :
Another Letter directed by the King and his
Council, to Bonner, Bithop of Lt)tidon, part'
lu rebuking him of Negligence, partly charge
tug him to see to the better setting out of' the
SSeroice Book within his Diocese,
" UiGUT reverend father in God, right
trusty- and well-beloved, we greet you well:
and whereas after great and nerious debating
and long conference of the bishops and other
grave and well-learned men io the holy scrip-
tures, one uniform order tor common prayers
•nd administration of the sacraments hath
been, and is most godly set forth, not only by
the comnion agreement and full assent of the
nobility and commons of the late session of our
late parhuinent, hut aho by the like assent of
the bishops in the same parliament, and of all
other the learned men of this our realm in their
synods and convocations [irovincial : Uke as it
was much to our comfort, to understand the
godly travel then diligently and willingly taken
for the true opening of thini;s mentioned in the
said book, whereby the true service and honour
o^' Almighty God, and the right ministration of
tiie sacraments being well and sincerely set
forth, according to the scriptures and use of
the primitive church, munli idolatry, vain su-
perstition, and great and slan'leious abuses be
taken away : so it is no small occasion of sor-
Tf^wunto us, to understand by the complaints
of many, that our said Look so much travelled
for, and also sincerely set forth, as is atoresaid,
reninineth in niuny places of this our realm,
either not known at all, or not used, or at the
Itii'st if it be u^ed, very seldom^ and that in
such light and irreverent sort, as the people in
many places either have heard nothing, or if
they hear, tliey neither understand, iH)r have
that spiritual delectation in the same, that to
giod Christians appertoineth. The fault
whereof, like as we must of reason impute to
yon and utitersof your vocation, called by God,
thn)ugh our appointment, to due respect to this
and such like matters ; so considering that,
by tl;cse and such hke occasions, our loving
subject** remain yet still in their blindness, and
sn|.er.«>tiiious errors, and in some places in as
irn-iigious forgetfiduess of God, whei^by his
wrath m.ty b« provokeil U| on us and ti.em ;
and remembering wiihal, that amongst other
ernes rqmmictca to our princely 9h.trge, we
t hi itk this the greatest^ to see the glory and
triie service ul. him maintained and extullcd,
hy whivse.^lemenc^ we kiiowledgc onrselve« to
. have alt ttiatw* lMt% we could not but by ad-
Tice and ODmnpl ofpn dtarait MPd^f £ifi|ar*
• ■
duke of Somerset, governor of our person^ and
protector of our reahn, dominions and subjects,
and the rest of our privy council, admunisU
you of the premises. Wherem, as it had beeu
your office to have used' an earnest diligence,
and to have preferred the same in all places
within your diocese, as the case required ; so
have we thought good to pray and require you,
and nevertheless siraitly to charge and com*
mand you, that from henceforth ye have :m
earnest and special regard to the reduce . of
these things, so as the curates may do their du-
ties more often and in more reverent sort, aud
the people be occasioned by the good advices
and examples o( yourself, jour chaucellor,
archdeacons, and other interior ministers, to
come with oftener and more devotion to tiieir
said common prayerb, to give thanks to Go6f
and to be partakers of the most holy commu-
nion. Wherein shewing vonrself diligent, aud
giving good example in your own person, you
shall both diikcliarge your duty to the great
Pastor, to whom we all have to account, and
also do ns good sen ice : and on liie other Side,
if we shall hereafter, these our letters and com-
mandment niitwitlistancTmg, hear eftsoons com-
plaint, and find the Hke fault in your diocese,
we shall have juat cause, to impute the laalt
thereof, and of all that ensueth thereof, unto
you, and consequently be occasioned theieby
to see otherwise to the redress of tlie^e things;
whereof we wouhl be sorry. And therein e
we do eftsoons charge and command you, ui)«»u
your allegiance, to look w ell upon your duty
herein, as ye tender our pleasure. Given un-
der our signet at our manor of Richmond, the
23d of July, the third year of our reign, 1649.**
The bishop of London, amongst the rest of
the bishops, receiving th<^sc iA;tter^, did, as
always before, iit outward shew willingly ac-
cept tltesame ; and therefore immediately with
the said letters directed this his precept unto
the dean and chapter of his cathedral cbucch
of raul's, commanding them to look to the doe
accomplishing thereof accordingly.
A Letter of Bjnncr, to the Dean and Chap^
ter of Puult,
" Edmund by the grace of God, &c. To
my well-beloved brethren the dean and chap-
ter of the cathedral church of Saint Paul m
London, and to the other ministers there and
every of tliem do sciid gtecting. And where it
is sn, tliat of late I have received the said so-
vereign lord the king's inajest\*» letters, of such
tenor as is hereunto unntxed, and according to
my most bounden duty am right well williufp
and desiring that the said letters should be in
all points duely executed and observed accord-
ing to the tenor and purport of the sanie^ at
appcrtaineth : these therefore arc to require,
and also straitly to charge you aud every of
you on his majesty's behalf, &c. tnat you do
adnionish and command or came to be ediiMH
nished or comiiiandetL all and singular paisoni^
vicnrsy and curates of your junsUu tioiii lo o^
C49] STATE TRIALS, 3 Edw. VI. 1 550.— /or oppoiing the Itrfhnnutitm. [GbO
time accordingly ; furthermore requiring and
Jjkewise char|;ing you, and every uf you to
make cenidcate hert'in to me, my chancellor
or other my otticent in tliis behalt', with such
convenient celerity as appenaineth, both ot'
your proceedings in the execution hereof, and
alM the perM)ii8 and names ot all such, as
from henceforth shall be found negligent in
doing their duties in the premises or any of
tbem. Given at my house at Fulhum, the 26th
of July, 1519."
Moreover, forasmuch as the king at that in-
stant hearing the muttering of certain rebellion
then stiiring, (whereof more shall be said, the ,
Lord willing, hereafter) and albo being credii)ly
infurmtd by divers, tuat through the evil ex-
ample, slackness of preaching and adminis-
tenng Nie sacraments, and careless contempt
of Bonner bishop of London, not only many of
the people within the city of London, and
other places of his diocese, were very ne4li};ent
•nd foi^etful «f their duties to God, in fre-
quenting the divine service dicn established
aod set forth by the autliurity of parliament,
but also that divers other, utterly de»pi>ing the
same, did in secret places of his diocese often
frequent the popish mass and other foreign
rites not allowed by the laws of this realm, he
thought it theiefore )!Ood (having thereby just
cause to suspect his former dissembling double-
IMS) to appoint the lord protector and the rest
of his privy council to call the said bishop
before them, and according to their wise and
difecreet judgmeuts to deal with him for the
laoie.
Bonner called hrfort the Council,
Wherecpon the 11th day of August, 1549,
they sent a iiies>»enger for hnn, uikI upon his
sppearance mude tirst dcclaratif>n of such in-
iuruiitions and complaints as had been hereto-
fore made against liini. And then, after sharp
tdiUDoitions and reproofs for his evil demean-
usnin the premises, they delivered unto him
from the king (for his better refonnation and
unendmcnt) certain private injunctions to be
nccessHrily followed and ohser\'ed of himself
And wherea», in ilie first branch of the said
iu)uoctions» he was personally assigned to
^escb at Paul's Cro.*s the Sunday three weeks
thm next ensuing (because both the dan^erou^
iiidiiickly estate of the time, and also partly his
^ti Miapicious behaviour so required) tliey fur>
^r dehvered unto him in writing such articles
tt^iotreat upim in his sermon, as tliey thought
^ most meet and necessary fiir tlie time and
c*«ses aforesaid. All which injunctions and
'tides, f>ir the furtlicr manifestation tliercof, f
"Ave h«re inserted as followeth.
^ttun private Injunctions and Articles $^iven
to Bonner bjf the Council,
" FoKASMiicii as we are advertised, that
other disorders of our subjects ut this
iltlMfe be divers of our city of London,
^. ihtr pktces within your diocese, which
^"Nl lii j qfglifevt and forj^ctful of their duty
to Almighty God, of whom all good things are
to be looked for, do as*iemt)lc themselves very
seldom, and fewer times than they were here-
tofore accnstomed, unto common prayer and to
the holy coimnnnion, being now a time when it
were more needtul with heait and mind to
pray to our heavenly Father fir his aid and
succour ; %v hereof as we be right sorry, so w^
do understand tliat tlirough your evil example,
and the slackness of your preaching and in-
structing of our said people to do their duties,
this offence to God is most gencially com-
mitted. For where heretofore upon all prin-
cipal fi'asts, and such as were called mojiis
duplex, you yimrrself were wont to execute in
person, now since the time that we by the ad-
vice of our wliolc parliament have set a most
|20(ily and devout order in our Church of Eng-
land and Ireland, ye have very seldom or never
executed upon such or other days, to the con-
tempt of our proceedings and evil example of
others. And for so much as it is aUo brought
to our knowlcJfie, that divers as well in Lon«
don, as in other places of your diocese, do
frequent and haunt foreign rites of masses,
and such as be not allowed by the orders of
our realm, and do contemn and forbear to
praise and laud God, and pray unto hi^ majesty
after such rites and ceremonies, as in this realm
arc approved and set out by our authority ;
and further thai adultery and fornication is
maintained and kept openly and commonly in
the said city of Ltmdon and other places of
}'Our diocese, whereby the wrath of God is pro-
voked auainstour people ; of the which tilings
vou beii\g heretofore admonished, yet hitherto
tiave made no redress, as to the pastoral olfice,
authority and cure of a bishop doth appertain:
we there! ore, to whom the supreme cure and
charge of this church dotli appertain, to avoid
from us the high indignation of Almighty God,
by the advice of our most entirely beloved
uncle the Kird protector and the rest of our
privy council, have thought it no less than our
most bounden duty, now at this present, and
eftsoons peremptorily to admoni^h, charge, and
warn you, that you do most htraightly look upc)n
the premises, mid see them so refjrmed that
there may appear no negligence on your behalt*,
upon such pain as by our Iaw9 ecclesiastical
and temporal we may infli^-t upon you, unto
deprivation or otherwise, as shall seem to us
for quality of the offence reasonable. And to
the intent yon should the bitter see to the re-
fomiatiim of the said abn^e-t, we have thought
good to give you these iojuncrion*) following :
I. Ye shall preach at l*aiil\ Cro?»-> in London,
in proper person, the Sunday aUtr the date
hereof three weeks, and in the same sermon de-
clare and set forth the articles hereunto an-
nexed : and ye shall preach hereafter once
every quarter of the year there, exhorting in
your sermon the pef)[>le to oherlienre, praver,
and godly living ; and ve shall he present at
every sermon licreal'icr made at PaiiPs Cn^w,
if sickness or some other reasonable cau>e' do
not let you. 2. You yauirelf in pcts<m shall
65 1 ] STATE TRIALS, 5 Edw. VI. 1 550 Proceedings againsi Biihop Bonner, [659
Tom henceforth ever^ day which lieretofore
ivas accounted in this Church of England a
principal feast, or wajut duplex, and at all such
simeft as the bishops of London your prede-
::e9sors were wont to celebrate and sin^; high
nasSy now celebrate and execute tlic commu-
nion at the high altar in Paul's, for the better
example of all other, except sickness do let.
3. Ye shall yourself, accoraing to your duty
and the office of a bi&hop, call before you all
such as do not come unto and frequent the
common prayer and senice in the church, or
io not come unto God'» bonrd, and receive the
communion at the least once a year, or whoso-
ever do frequent Or go unto any otlier litc or
service than is appointed by our book, either
>f matins, e\'enMing or mass in any chuich,
:hnpel, or other private places witlun your
iiocesc, and ye bhall see all such oiTenders con-
rented before you and punibhcd, according
jnto the eccle&insdcul hiws, witli severe and
itruii^ht puniijliment therefore. Likewise ye
shall see one only order used in your diocese
according to our »:\id book and none othvr. 4.
Ye shall both by yourself, and all your otBccrs
under you, sea ret) out und convent before you
more dihgently thun heretofore ye have done,
(as appertuineth to your oAice, uU adulterers,
and see the same punislied according to the
ecclesiastical laws, mid the authority given you
in chat behulfl 5« Wc have heard also com-
plaints, that the Church of Paul's and other
churches of London arc of Kite more neglected,
AS well in reparation of the glass, as other
buildings and ornaments of the same, than they
were heretofore wont, and that divers and
many persons in the City of malice deny (he
payment of their due lithe to their curates,
whereby the curates are both injured and made
not so well able, and in manner discouraged to
do their duties. I'he which thing i\lko our will
and commandment is, ye sIihII diligently look
unto, and see redressed as appertninetli. 6.
And for so much as all these complaints he
made, as must dune and committed in Ix>ndon,
to the intent you may look more eurnestly,
better, and more diligently to the refonnafion
of them, our pleasure is that you shall abide
and keep residence in your house there, as in
the city, see, and principal place of your dio-
cese, and none otherwhere for a certain time,
until you shall be otherwise licensed by us.*'
•
Special Point X and Articles to he entreated of
hjf Bonner Bishop of' London, in hii Sermon,
1. " That all such as rebel agninst their
prince get unto them damnation, and those that
resist the hiiiher power, resist the oi-dinnnces
of God, un() he thatdieth therefore in rebcllicm,
by the word of God is utterly dumned, and so
losetli hotli body and soul. An<l thcrctbre
those rebels in Devonshire and ( fiinwnll, in
Norfolk, or ebewherr, who lake wy.ow them to
assemble a power and force agaiiir^t their kinK
ami prince, against the Ibwh and st:itutes of the
reahn, and go about to subvert tin* .•^tate and or-
tier of tlif commnnweaUhj not onl\ do deiivrva
therefore death as traitors' and rebels, bot do
accumulate to themselves eternal damnation,
even to be in the burning tire of hell, with
Lucifer, the father, and first author of pride,
disobedience, and rebellion, what pretences
soever they have, and what masses or holy wa-
ter soever they pretend, or go about to make
omdng thcm*ielves, as Korali, Dathan, and
Abiram, for rebellion against Moses, were swal-
lowed down olive into hell, although they pre-
tended to sacrifice unto God. 2. Likewise in
the order of the church, and external rites and
•ceremonies of divine service, forsomuch as God
Lrcquireth humility of heait, innocency of living,
knowledge of him, charity and love towards our
neighbour!, and obedieuce to his word, and to
I his ministers and superior powers, these we
must bring to all our prayers, to all our service,
and this is that sacrifice which Christ requireth,
and these be those that make all thmgs pleasant
unto God. The external rites and ceremonies
be but excrci&es of our religion, and appoint-
able by superior powers ; in chusing whereof
we must obey the magistrates : Tlie which
things also we do see ever liave been and shall
be (us the time and place is) diven*, and yet all
hath pleased God, so long us these before
! spoken inward things be there. If ony man
shall use the old rites, and thereby disobey the
superior power, tlie devotion of his ceremonies
is made naught by his disol)ediencc : so that
which else (so long as the law did 84> stand)
might be good, by pride and disobedience now
is made naught : as Saul's sacrifice, Korah, Da-
j than, and Abiram, and Aaron's two chiiriren
I were. But whoso joineth to devotion obedi-
I ence, he winneth the garland. For else it is a
zeal ied non secundum scirnl'wm ; o will, desire,
zeal and devotion, hut not after wisdom; that
is, a foolish devotion, which can require no
thanks or praise. And yet again, where ye obey,
ye must have devotion, for God requireth the
heart more than the outward doings, and tliere-
fore he that taketh the communion, or knith or
heareth the service appointed by the king's ma-
jesty, must bring devotion and inward prayers
with him, or else his prayers are hut vain, lack-
ing that which God requireth, that is, the heart
and mind to pray to him. 3. Further, ye shall
for example on Sunday come seventh night
after tlie toresiiid date celebrate the communion
at Paul's Church. 4. Ye shall also set forth in
your sermon, that our authority of royal power
is (as of truth it is) of no less authority and force
in this our young nge, than is or was of any our
predecessors, though the same were much cider,
as may appear by exnjnple of Josias and other
young kings in scripture ; and tlierefore oil out
subjects to be no less bound to the obedienca
of our precepts; laws, and statutes, tlmn if w#
were of 30 or 40 years of age."
I'he delivery ot these Injunctions and Arti-
cles unto the Bishop (with the time of his ap-
pointed preaching) was soon nfler known abroad
among the citizens and other the oommonf
M ithin tlie city of London, so that every naa
expected the time thereof, withiiig to bear iht
053] . STATE TRIAIil, 3 Edw. VL I550^ar opponug the Rrfimnoiioiu [05 1
tame. Wliich time being once come, the Bishop,
according to the tenor ot'the Injnnctiun?, pub-
licly preached at ti:e cro&s ot' Taul^ tlic lir^t
day of September, ilowbeit as hY,ocrisy never
lurkethau secretly Jii the hearts ot'the wicked,
but chat at tme lime or oilier Ciod in hiit most
righteous judgement maketh it open unto the
uurld : so at this present t\-n!i that lonji; colour-
ed perverse obstinacy, and the iiifestcred hatred
of this duuble-tuced di&senibler itgain&t the
king's godly proceedings, most plainly manifest*
ed by iii^ Uidobedieut demeanor in tliis his ser^
niOD. — For whereas he uas ctjmnianded to en-
treat only 'Upon such spc-cial points as were
Articles did only tend to the honour of God,
and the better instructions of your highness*;
people to obedience and hatred of rebellion and
muNiiy, Tt herewith of late this your majesty's
realm liuth been iiinr\ellou<'ly vexed, to the
dniiger of yiiir liigliness's per»on, and (he state
of the whole realm, and therefore a thing at
this time nio*it ltcce^Silry to be taught unto the
people, that they mitiht know their duty unto
your majesty, and unto Almighty God, and es-
pecially to acknowledge your majesty in these
years and age to be a perfect high and sove-
reign lorti, and king, and supreme head, whose
laws, proclamations, and commandments we
mentioned in his article^ ; he yet, both bcsidesnrc bound to obey, as well ns any prince's f-ub«
tlie couucil's commandment, to tl:e withdraw- jccts are bound to < '
ing of the minds of the common people, inas-
much as ill him lay, from the right and true
understanding of the holy sacrament ministered
iu tbe lioiy couununion then set forth by the
aathoriiy of the king's majesty (according to the
tf ue sense of the holy scripture) did s[jcnd most
part of his sermon about the ^n)!e3, carnal, and
papistical presence of Chrisi'a body and blood
m the sacrament of tlie ultur, and also contrary
thereunto did not only slenderly touch tlie rest
of his articles, but of a rebellious and wilful
carelessness did utterly leave out unspoken the
whole last article, cfmcerning tlie as clfectual
and as lawful authority of the king*s highness
during his young aee, as if lie were thirty or for-
ty years old ; notwithstimding the same (because
it was the traitorous opinion of the popish re-
bels) was by special commandment chietly ap-
pointed him to entreat upon.
This contemptuous and disobedient dealing
as it greatly otlended mo^t of the kind's faithful
and loving subjects there pre<ieiir, so did it much
aiialike the minds, and was far from the good
expectation, as well of that faithful and godiv
prvacher master John Hooper, afterwards bi-
shop of Worcester and Ciloucester, and lastly
a most constant martyr for the gospel of Christ,
and aUo of master Wm. Latimer, bachelor of
divinity : and therefore (hey will weighing the
IcMilness of the fact, and their bounden allegi-
ances unto their prince, did thereupon exhibit
unto the king's highness, under both their names,
a bill uf complaint or denunciation against the
•aid liishop in form following :
The Denunciation of John Hooper and \lVliam
Latimer agaiast Bonm r to 4 he hinfi^s Majt sti/,
for ItavinQ witfone the Points uj'arcment toned,
mrkich he was clmri^td to pi each upon,
*' In niobt humble wise shcwcth unto your
majesty William Latimer and John Hooper,
Uiat where of late, as we be certainly informed
froin your majesty, by the hand uf the right high
aiid noble prince Kdward, duke of* Somerset,
governor of your n>yal per!»on, and protector
of all your bighness's realms, dominions and
subjects, and the rest of your privy council,
there were certain Injunctions given to the Bi-
shop of London tliat now i«, with Articles to be
iosinnated uiid preached unto your subjects at
a certain day limited^ the which Injunctions and
olicy the laws, proclamations,
and commandments of their natural and sove-
reign lord, notwithstanding that nature hath not
yet given unto your person such age as I trust
she sliall, nor so many years, which we itish to
be so many ns any prince ever had, the which
years do not make you king or prince, but the
right of your birth, and lawful succession what-
soever it be, so that we all must us well acknow-
ledge your majesty to be our king and prince,
at these years, as if you were at the age of 33
or 40 years, and your laws and statutes no
le»s to be feared and obeyed, tlian if your high*
ness «« ere fifty or an hundred years old, (the
which thing not only is most certainly true, but
also at this time most necessarily to be taught,
especially when divers rebels have openly dc*
clared, that they would not obey your higlmess's
laws, nor acknowledge the statutes made by
your miijesty to be available till you come to
the age of twenty years) and this not only being
so, but the same thing being commanded by
your said majt*sty, amongst other Injunctions
and Articles given in writing to the said Irxl-
mund Bonner, to be preached in his last sermon,
as by the same Injunctions may appear, of the
which the tnie copy we have when need is to
be shewed : yet all this notwithstandiifg, the
said Bonner, of what zeid or mind we cannot
tell, whether favouring the opiuion of the said
rebels, or contemning your highness's command-
ment declared unto him, hath not only left out
to declare the i>au\ Article, which we most
and chiefly expected and looked for, but aUo
in all the rest of hit sermon did not so fully and
apertly declare the siudiliijunctions andArticles,
as to our judgement did appear they ought to
have been declared, and was of no light ground
looked for, entreat in^j; of other far dist:tiit and
divers from the Articles upon the which he was
commanded to eni rcat ; and such as mo^t should
move and stir op the people tu disonier and
dissension, wiiiii-gly leaving out those thingi
which should ha\e made rpiiet and ulM'dicnce.
Where lore not moved of any malice, grudge,
envy, or evil uill t:) the prrs<m uf the Bishop,
but con>t rained by the love and ze:il which i^e
bear towards your highness, and of our duty and
allegiance to your majcbty,. whose honour and
safety with tranquillity, quietness, and good
governance of this your realm, we do most de-
sire, and for the discharge of our most boundea
655 ] STATE TRIALS, 3 Edw. VI. 1 550.-^ProceedMngi agamat Biahep Bomier, [65d
duties, to avoid all the dangers that might en-
ftie of the conceaimeut thereof, v^e most lium-
6Jy do denounce and declare the same to your
bighuess, to the intent that your majesty, by the
idvice aforesaid, may, if it please yuur high-
aess, at this our humble denunciation, call tlie
laid Bishop to answer to the premises, the which
dve are ready to avow and prove, and then
/our highness may take further order herein, as
:o your princely wisdom shall teem most con-
venient ; whose long life and most prosperous
{overnnicnt God Almighty long continue, for
the which we shall pray during our lives.''
The king's majesty having thus, by the infor-
mation of these two credible persons, perfect
intelligence of the contemptuous and perverse
negligence of this Bishop, in nut accomplishing
bib highnes.s*s commandment given him by in-
junction, thought it most necessary with ail con-
venient speed (for the avoiding of further in-
conveniences) to look more severely unto the
due punishment of such dangerous rebellious ob-
stinacy'; and therefore by the advice of the lord
protector, and tlie rest of his honourable coun-
cil, inimediattly he directed forth his commis-
^on under his broad seal unto the archbishop
of Canicrbury, the bishop of Rochester, and to
other grave and trusty personages and counsel-
lors, appointing and authoriung all them, or
certaiu of them, by \iriueof the same, to call
before them, as well the bishop of London, as
also the foresaid denouncers, and upon due ex-
amination and proof of the premises, or any
other matter otliei-wine to be objected, furtlicr
to proceed against him summarily, Sf de piano,
according to law and JMSiice, either to suspen-
sion, excommunication, committing to prison,
or deprivation (if the quality of the olfence so
required) or otherwise to use any other censure,
ecclesiastical, which, for the better hearing aqd
<letermining of thiit cause, might to their wis-
doms seem more pertinent, as appeareth more
amply by the tenour of the Commission here
ensuing :
T/ie Copy of the King^u ComtnUsion sent down
upon the DenunciatiuJi qforesaid,/or the Ljl'-
aminntion o/* Bonner, Buhop of London.
" Edward the 6ih, &c. To the mo»t reve-
rend father in God, Thomas abp. of Canterbury,
metropolitan and primate oit England, the right
rev. father in God, Nicholas bp. ot Rochester,
our trusty and right well-beloved counsellors,
sir Wm. Peter and sir Tho. Smith, knights, our
two principal secretaries, and Wm. May, doc-
tor of the law civil, and dean of L^uul's, greeting.
It is come to our knowledge, that where we by
the advice of our most entirely beloved uncle
Edward Duke of Somerset, governor of our
person, and Protector of all our realms, domi-
nions, and subjects, and the rest of our privy
council, did give to the right reverend father in
God Edmund bp. of London, upon certain com-
plaints before nuide unto us, and other great
considerations, certain Injunctions to be follow-
ed, done, and executed, and in a sermon ap-
poiuttd to Idu to preach by ut with certaii^
articles, and for the more sure knowledge,
keeping, and observing, did eihibit the seme in
writing unto him by the hai^ds of our said un-
cle, in the fulfilling of our counsel : all this not-
withstanding, the said bishop hath in contempt
of us (as it may appear) overslipped and not-
observed certaiu of the said thinf^ so by us en-
joined, and other so perversely and negligently
done, that the things minded of us to reforma-
tion, and for & good quiet of our subjects and
our whole realm, be converted by the wilful
negligence or per\'ersity of him to a great occa-
sion of slander, tumult^ and grudge amongst
our people, as it hath been denounced to us in
writmg by certain lionest and discreet persons,
and otlierwisc called. The which things if they
be so, we tendering the health, quietness, good
order, and government of our people, have not
thought convenient to be let past unpunished
and unreformed, and therefore by the advice
aforesaid, have appointed you 5, 4, or 3, upon
whose fidelities, wisdoms, dexterities, and ^cir-
cumspections we have tull confidence, to call
belore you as well the denouncers, of the said
faults, as also the said bishop, and with due eh-
aminatinns and process, according to the law
and justice to hear the said matter, and all other
matters, of what kind, nature, or condition so-
ever they shall be objected against the suiid bi-
shop, suumiarily (e: de piano) or otherwise as
to your discretions shall be ilwught most meet,
with full power and authority to suspend, ei-
communicate, commit to prison, or deprive the
said bishop, if the otfence shall so appear to
merit, or to use any other censure ecclesiastical,
wliicli for the better bearing and determining of
tiie cause sliall be requisite aud appertain, any
law, statute, or act to the contrary uoiwitb-
standing. In witness whereof wc have caused
these our letters to be made patents. — Witness
ourself at Westminster tlie 8th of September,
in the drd year of our rei^n.*'
This Commission being sealed with the
king's broad seal, was by his highiies8*s council
forthwith delivered at the court unto Tho.
Cranmer abp. of Cimterbury and the rest of
the conmiisbioners mentioned in the same,
being there altogether present. Who upon the
receipt therefjf, determined by virtue of the same
to sit at the archbishop's house at Lambeth the
Wednesday then next eiikuinp, which 'was the
tenth day of that present month of September,
and theretbre appointed the bii^hop of London
to be summoned to appear before them, us at
that time and place. The manner of whose
behaviour at his appearance, because it both
declareth the frowurd nature and stubborn
condition of the person, aud also wlmt estima-
tion and authority he thought the commis-
sioners to be of, I thought it not unmeet first,
befitre I enter into the process, somewhat to
note and describe unto vou.
The stubborn Behaviour of Banner bffore the
CoMHiissioners.
At his first entry into the place within the
archbishop's bouse nt Lanbetbi where the ercb-
0J7] yrATE TRIALS, 3 Edw. YI. 1550.— /(/r opposing the Reformations [G.)«
biahup and other of the commissioners sate,
he pMsed forth directly by ihem ivith his cap
upou his Lead (making as though he saw thcni
not) until one plucked him by the sleeve, wil-
hug him to do icvcrcnre unto the comiiiis-
iioiiers. Whereat he liiu:;hingly turned him-
self, and^ spake unto the archbishop on this
wise; What, my lord, ure you here? by my
troth I saw yuu not. No, said the archbishop,
you would not sec. Well (quotb he) you sent
lor me, have you any thing to say to me ? Yea,
suid the commissioners, »e have here authority
from the king's hig!mei$s to call you to account
fur jour sermon you made hittly at Paul's
Cross, for that you did nut there publish to the
people the article which you were commanded
then to preach upon. At whicli words the
bisbop, either for that he did not greatly de-
light to hear of this matter, or else beeause he
would make his friends believe timt he was called
to iiccount only for his opuiion in religion (as
afterward in the sequel of this process it more
plainly npptarclh) bc^an to turn his talk unto
uihtr mutters, and said unto the arclibi^liop ;
In good faith my lord 1 would one thing were
hod in more reverence than it is. What is it,
•Aid tJie archbishop ? The blessed mass, quoth
he. You have written very well of the sacra-
ment ; I marveV you do no more honour it.
TliC archbibbop of Canterbury therewith per-
ceiving hi:i subtiity, and seeing; bis gross blind-
ness, to commend iluit which was uitcrly con-
trary to liis opinion, said unto him again : If
vou think it well, it is because you understand
it not. 'i'he other then uddin»» unto his former
gross iguorance an obstinate iinpudcncy, an-
swered; I think 1 undcr&tund it better tiian
\(iu that wrote it. Unto wltich word^ ihc arch-
Lishop replied, Truly I will c.»ily make a
child that ia but ten years old iiiwhrstaiui thcrtv
in as much as you. But \%iiut is this to the
matter ?
Morcorer, at what Uwf as they be«;an to
enter the judicial prosecutiiit; of their conmiis-
sion, and had called t'lrth the dcnhniicers to
propound such matter as they had to object
agamst iiim, lie hearing them spcuk, fell to
scuming and taunting of them, saying to the
one, that lie spake like a goose ; and to the
other, that he spake like a woodcock, utterly
denying their accusations to be true. Wh(>re-
upon the archbishop, seeing his pec\ ish malice
against the denouncers, luked liim, ithc would
Dot believe tbem, whether be would credit the
pcuple there present ; and therewithal (be-
cause many of tliem were aUo at the bishop's
ienuon at Paurs) he stood up and read the
article of the king's authority dtiing his young
age ; saying uiit'i them, how sny you my mas-
ters, did my bird or Loudon preach this article?
Wticreuntu they answered, no, no. At which
wurdi the bisiiop turning hini:.elf about, de-
riding said, will you believe this fond people ?
fiksides this, at all his appearing!* he used
many irreverent, uncomely, obstinate, and fro-
ward »iirds and behaviours towards the com-
luissionerB nnd others (in defacing their au-
VOL. I.
thority with the terms of pretended commis-
sioners, prr.'endcd witnesses, and unjutt, un-
lawful, and pretended proceedings, with recu-
sation of some, and terming; others daws,
woodcocks, fools, and such bke) which I will
here omit, for they do more manifestly appear
in the MMpiel of the story in ihe time an(l
place as ihcy huppened ; adding yet this much
by the way, that although buch stoutne&s of
heart and will, if it had been in a cause true
and rightful, might have perchance »ceiiu*d in
some men*s judgment to be soinevi'hat sidfera-
ble ; yet to say the truth, in what case soever
it be, being innnodernte, as tliis shall appear,
it bebcemcd no wise man, and tlierefore much
less one of his calling. For if his cause had
been good, why ilid he not take the wrong pa-
tiently and meekly, as the true canon law of the
gospel doth teach him ? If it were (as it was in-
deedj naught and wrong, whereto served so
bold sturdy stoutness, but to shew the impu*
dency of the person, and to make the case
worse which was bad enough before ? But he-
like he was disposed to declare, if need were,
what he uas able to dii iu the law, in shifting
otl'tbi.' matter by ^ubtil dilatories, and frivolous
cavilltng ubnut the law. And if that tvould
not help, yet with facing and brasing, and rail-
ing upon the denouncers with furious words,
and irreverent l)ehaviour toward the king*s coin-
misbioner^. he thought to countenance out the
mutter before the people, that something might
seem yet to be in hiin, utiatsoevcr Ma^ in the
cause. I'or, to conciudc, ti>r all bis crafty
cautcljs and teri^ivcrsations alledgcd out of the
law, vol nci:hiTli:s cause could be bO dt-fended,
nor his bt'haxiour ^o excused, but th:'.t he was
thcrelbre both Jti'^ily iMipri.-ioiii-d, and al^o in
the end most lav\ fully tlcpn^ed ; as by li.e se-
quel of tiiis process may vvell appear, the man-
ner whereof is ab I'ulloucth.
The first Action or Sciiim ai*ainst Tianner,
Ui»ON Wednesday the 10th day of Sept ember,
in the year ot cjiir l/ird 1.5 tO, and in the third
year ot* the reign of king Kdward Gdi, Thomas
Craniner abp. of Canterbury, metrojiolituii
and primate of all Kngland, u«s"ciate with
Nicholas Hidliy then bishop of UucheiitCT, sir
Wm. Peter kni^'bl, one of ilu? l;iiiii's two ptin-
cipal secreturies, and master Win. May, Dr. of
the civil la« and dia!i of I'aul'? by virtue of
the kini;*s commibsioii, ::.ite judicially, upon the
exatniintion of Edmund Bonner bishop of Lon-
don, within the archbishop's chamber of pre-
»<.'iicc, at hi:> hoube in L:tiiibeth, before whom
there then also pf-r^onally appeared the said
bibhop. At wriich time tl:e commibsionerSf
tirst shewing forth their commission, requested
sir Wm. Peter that he would openly [tiiblibh
and read the same. Which donf, the abp. in
the name lu the rcbt declared unto the tii^hop,
that a grievous cuinplaint had been heietofure
made and exhibited ni/.Hin&t hnn in wntiiVi*,
unlo flic kind's m;ije<iy and his most hon-iurabie
council, and th:ti ihe.tt'ire bis h>ghne«s, with
their ud\ice, hud Cvimmittcd the axumiuatioa
2 L-
(559] STATE TRIALS, 3 Edw. VI. l550.^Proceeding» against Bishop Bomtr, [660
thereof unto him and other his colleagues there
present, as also unto sir Tho. Smiih knight,
the other of hi^ majesty's two princi{)ai secre-
taries, though then absent, tuid therewithal
shewed also forth a bill of complaint exhibited
unto the king by VVm. Latinur aud John Hoo-
per, ministers, which they likewise requested
sir VVm. Peter to read. — ^Thc.-c things ended,
the bi&hop like a subtil lawyer, htiving most
like some secret intellijience before of these
inattei-s (wbataocvcr he pretended to the con-
trary) pulled out of his bosom a solemn Protes-
tation ready written, which he then exhibited
unto the commLssioners, requesting that the
same mi)>ht be tliere openly read ; the copy
whereof is this hi tenor and form as followeth.
27/c Tenor and Form of Edmund Bonner lii-
ahop of London his Frotcstation^ tx/iibited to
the King*s Commissioners at his Jirst ap-
pearing,
** Edeiukdus Lond. Episcopus prinio & ante
omnia protestor quod per hanc mcain compu-
ritionem seu per aliqua per me hie dicta seu
diccnda, allegata seu allegandn, proposita seu
proponenda, exhibita seu cxhibenda, gt^^ta seu
gerenda, objecta seu objicienda, exercita seu
exerceiida, facUi seu Henda, petita seu petenda,
non intendo 'in vos dominos judices prwsentes
tan(iuam in judices mihi inliac parte compe-
tcntes 6i idoneos aliquo niodo consentire, ves-
tram jurisdictionem prcsentem in hac parte
aliquatenus prorogare, nisi prout ac ({uatenus
de jure ad hoc tenear &i astringar rationique
consonum vidcatur: & sub protestationc prie-
dicta v^ ea semper mihi salva (a qua recedere
Don intendo, scd eandem in omnibus & sin-
gulis difinceps in hoc negotio priutenso per me
agendis, pro repetita haberi vol(i) dico bi allegu
3uod liti^rae coifimissionales pra^tensie vobis (ut
icitur) in hac parte directae, seu earum vera ^
legitima copia nunquam aniehac mihi ostensie
aut monstr. fucrunt, nee a nte aliquo mt)dt)
visa), lectse aut cognits, vel mihi tradiia^. Itaquc
contra formam ^ tenorem eariindcm,vel contra
personas aliquoruiu vestrum, en qua* de jure ac
iiaturali ratione mihi competunc in hac parte,
cum reverentia (<jua decet) objircrc, ac nj de-
bita juris forma proponere non po.^^um in prav
senti ut deberem. Quare ut dciVMisio congrua,
qua: nulli hominum Ocneganda est, mihi reser-
vetur, li(ptidoque it iiiui tujiiauiocil cxceptitnies
iiiihiin hac pane coinpetere po^siiit^acdcbirant,
utque cusbuislocoiN: temporf ii:\t:i iuri> r\ii:en-
liam, pro nect*>sari.i (iefcnbiuisc iii«";« pnipoiskui
contra vel praitcnsas liieras c<>ii»;ii:>viuualt'.- hii-
jusmodi, vel coiuraj>c'rsona'«iuiqii'.nuiii\t.'>(niiii,
quutenus liceat <Sc I'xpediat suii pn^te'staiioiic
pradicta, fat idtatcm dicia> | .;«rcn>as lircras
commissionalcs in f<)rmaorij^JiKili •. . j)ici<'tidi,ac
carum verau>, inl»'t£ra:n, ^ l](it•;^.nl copiain dt-
bite exindc- mihi iicii Imindlter pcio ^c posrulo
prout juris est in hac parte, tcnorr pra'scciiium :
cihiluminus testatum manifeste reiinijutMis,f]uod
obser\'antiam & reverentiam, ac obedient lam iS:
houorein, ac cstera (pia^rnr.q'ip screni^^fiinu^
Uegi4? ^rpjvitali l>cmiiK> liin'i *:T!r«mo h:»s
literas pnetensas Tobis (at dicitur) committenti
qualitercunqud decet in omnibus ik per omnia
perpetuo humilime recogniturussum, habiturus
6c prsstiturus, & his exceptionibus, & defen-
sionibus legitimis mihi de jure & natura com-
petentibus ad dcfensionem meam nocessariam
& legkimam ac non aliter in hac parte usurus."
This Protc*»tation being read, he requested
the commissioners that he might have the bill
of couiplaint delivered him. Which, when he
had well perused, he said, that the same was
very general, and so general, as that he could
not dneetly answer thereunto. Whereuuto the
archbishop answered, that the special cause of
the complaint against him w:is, ior that he had
transgressed the khig^s commandment, given
unto tiim by his council, in that he in his late
sermon maxie at PauKs Cross did not set forth
unto' the people the king's highness's royal
power in his minority, according to the tenor of
the article delivered unto him by them for that
{)urp6sc, and for proof thereof called forth Wil-
iamL:itimer and John Hooper, preachers, who
before that time had put U)> the bill of com-
plaint unto the king against him.
Upon whom the Bishop had earnestly looked,
and well beheld them, he said, As for this
merchant Latimer, I know him very well, and
have borne with him, and winked at hi^ doings
a great while, but I have more to say to him
hereafter. But as touching this other merchant
Hooper, I have not seen him before, howbeit,
I have heard much of his naughty preaching.
And'then turning himself again unto the arch-
bishop (of purpose most like to make hi^ friends
think that he was not called thither to answer
for his contemptuous disobedience, but for
matters of religion) said unto him, Ah ! mj
lord, now 1 see that the cause of my trouble ii
not for the matter that you pretend against
me, but it is for that I did preach and set forth
in my late sermon the true presence of the
most blessed body and blood of our Saviour
Jisus Christ to be in the sacrament of the
altar. For as for these my accusers, as iher
be e\il, infamed, notorious, and criminous per-
sons, so are they manifest and notable heretics
and seducers of the people, especially touching
the Sacrament of the Altuir : and most of all
this Hooper. For where in my late sermon at
Paur> Cross I preached, That in the blessed
Sacrament of the altar, after the words oF con-
secration, there is the true body and blood oi
our Saviour .lesus Christ, the selfsame m sob-
s:ance tiiat was hanged and* shed upon tlie
cross; he tlic same day at afternoon, having a
great rnbhlement with him of his damimhtv
*ecT, openly in the pulpit within my diocese,
did preach erroneously to the people a:;ainsc
it ; and maliciously ii»veij;hing against inv ser-
mon, denied the verity and presence of Cbrist*§
true body and blo<>d to bf in the same sacra-
inent, nod al^o faUely and untruly interpreted
and expounded my words. And especially,
where 1 preached and aiHnne<l the very true
body an.i blood of our Sauour Jesus Christ to
be 'u\ I lie baid Sacrament, the sclf-sam* in sab-
061] STATE TRIALS, 3 Edw. VI. 1550.— /or opposing the Rrfannaiion. ^ [6^2
•tunce that was hfiDged and shed upon the
crobs, he like an ass» (as he is an uss indeed)
faLeij changed and turned the word that into
oj, like an ass, saying, that I had suid as It
hanf^ed, and as it was shed upon the cross.
The Archhishop hereupon perceiving tlie
bishop's drift, and hearing hint tulk so jAiiich
of the presence of Christ's body and Uood in
the sacRuiient, suid unto iiiin : My lord o\
London, ye speak much of a presence in tiic
bacrainent : what presicncc is there, and of
wiiat presence do you mean ? Wherewith the
bishop being somewhat stirred and moved in
mind, as appeared by his choleric countenance,
spake again to the archbishop very earnestly
and said, What presence my lord? I say and
believe that tliere is the very true presence of
the body and blood of Clirist. What believe
JDQ, and how do you believe, my lord? Upon
which words *the abp. because he saw his answer
dark and subtil, and minding somewhat to nip
the gross absurdity of the Papists, asked him fur-
ther %vhether he were there, face, nose, mouth,
eyes, arms, and lips, with other lineaments of
bis body? Whereat the bibhop bhukiui; his
head, said. Oh! I am rij^ht sorry to hear your
grace speak these v^oids, and ihcroxith boldly
urged the archbishop to shew hi<> mind tiierein.
Who wisely weighing the fond presumption of
the party, with the place and occasion of their
asKmbly, refused itien so to do, saving, that
tiieir liemg there at that time was nut to dis-
pute of those matters, but to prosecute their
cttinmisbion committed to them by their prince,
aad therefore willed him to answer iIkmu unto
Mich things as were objected a;;ni^^t him.
Whereupon, under his protestation, he re-
quired to have a copy both uf the conicnibsion,
iml also of the denunciation ^.\cn unlo him,
vith lime to answer thereto. Which tlw; c-un-
Dtissioners willingly granted, ussiiiniug him there
t^apfiear nguin before them upon Fiiday ihrn
ocit following, at eight of the clock before
Doon, and then to answer the tenor of the de-
nunciation. And so for that day (he com-
plaining somewhat of the shortness of hi» time
toiinswer) they altogether departed.
Tke necond Appr.arance ofBonnrr in the. Chapel
of Lainbcthj before the Arc/ibisfnyp and other
four CotnmisxioticrSy the Bishop of Uochexter,
Secretary Peter, Secretary Smith, and the
Dtanvf FauVs.
Upok Friday the 13th of Sept. aforenamed,
ibur commissioners, associated then aUo with
lir Thomas Smith knight, the other of the ki(ii;*s
two principal secretaries, and joint c<;mmis-
lioner with them, sat judicially in the arch-
biihop's chapel within his hou^e at Lambeth.
Before wtiom, according to their former usiign-
ment there and then appeared the bishop of
London. To whom the archbishop, in the
aaoie of the rest, firstsaid. My lord of ly)ndon,
the laU time yon were before us, we laid cer-
ttio articles and matter to your charge touch-
iug your disobedience to the king's majesty,
tad you have X\m day to make your answer
thereunto, wherefore now shew us what you
hare to say for your defence.
Whereto the Bishop lirst asking the arch-
bishop \i he had all said and done, and he
again saying yea, made this answer : My lord,
the last day that 1 appeared before you, I re-
memU r there sat in the king's majesty's coni-
ini^ision, your grace, yon my lord of Ilochester,
j you master secretary Peter, and you master
dean of I'aul's, hut now I perceive there sitteth
also master secretary Smith. Who because
he sat not at the beginning, nor took there the
Commission upon him, ought not so t<» do:
for by the law, ihey which begin nmst coniinue
the Commission. Whereupon the arciibishop
first answered, that he was no lawyer, and
therefore could not certainly show what the
law willeth in that case, but saith he, if tite law
be .so indeed, surely I take it to be an unrea-
sonable law. — Well, said the bishop, there be
here that know the law, and yet I say not this
to the intent to stand or >tick much in this
point with you, but to tell it you !is it were by
the way; for I have here mine answer ready.
Then said master secretary Peter to the
biahop. My lord, in good sooth I nmst say
unto yon, that alth')u^ii 1 have profesjed tlie law,
yet by discontinuance and disuse thereof, and
having been occupied a long time in otht r mat-
ters fronj study of the law, I have perhaps for-
gotten what the law will do precisely in this
point : but admit the law were so as you say,
yet yourself knoweth, my lord, that ihi«. is our
cei-tala rule inlaw. Quod conSKcfudo rtf juris
inttrpns optimwt, and 1 am sure you will not,
nor cannot deny, but that the custom is com-
monly in this realm in all jmlj^ments and com-
missions used to the c »nirary ; and in very
deed we all together at the court, having; the
commission presented unto ns, to<ik it upon
u^ ; and therefore for you to stick in surh ii ijling
matttTS you shall rather in my judgment imrt
yourself* and your matter, than othenvise. —
Truly miaster st-cretary, said the bishop, 1 have
also of long while been disused, in the j^tudy of
hw, but having occasion, partly by reason of
this matter to turn my books I fmd the law to
be as I say, and yet as I said, I tell you hereof
by the way, notininding to stick much with
you in that point. — At which words, master
secretary Sniiih said also unto the bishop :
Well my lord at' J/jndon, as cniming ns yon
make yourself in the law, there be here that
know the law as well as you; and for my part
I have studied the law too, and I promise yon,
the?e be but quiddities and quiiks invented to
delay matters, but our commission is to pri;cced
sunn'naiily, 4 ''«' />/f"o, and to cut off .such frivo-
lous allegations. Well (said the bishop again^
look well on your conimi.^<i<m, and you shall
find therein ihe^e words, To proceed accord-
ing to the law and justice, and I ask both law
and justice at your hands.
Tlien master «erretary Peter willed him to
stand no more thereupon, but to proc.fd mito
liis answer. Whereupon he took forth a writ-
ing, wberciu was contained his answer to t!ie
66*3] STATE TRIAI-S, S Edw. VI. 1 550,^Proceeding3 against Bishop Banner, (o(54
deuunciation exhibited the day before by Lati-
mer and flaopcr, and delivering it unto theurdi-
bishop, said, that it whs uf his own h:ind-
writing, and for lack of sufficient time written
80 hastily and cursurily that it coulii scarcely
be read of any otlier, and therefore he desired
to read it himself; and so taking it ar;ain, read
it openly I the copy whereof here foUuwetli :
The Answer of' Buhop Bonner made to the De-
nunciation aforesaid.
'* I Edmtjnd hi>hop of London, concerning
William Liitinicr and Juhn Hooper, the pre-
tended denunciators of this matter here now
before you, and for answer unto the unlawlul,
untrue and uncharitable pretended denuncia-
tion of tifem, lately, indeed contrary to justice
and good reason, exhibited here and read before
you, under protestation heretofore made by me,
and read unto you, remaining in the acts oi
this court, unto which I refer me, and have
the same here again for repeated and rehearsed
to all purposes agreeable to the law, do for my
necessary defence and help allodge and say as
followeth. 1. I do alledge and say, That' the
said William Latimer and John Hooper, or
either of them, were not, nor now are to be
admitted in any wise, by virtue of this or any
other commission, us denunciators against me
their bishop : specially, for that they and either
of them have as well betore the time of their
pretended denunciation, and also, then and
since been and be vile and infamed, notorious
criminous persons, and also open and manifest
potabJe heretics, especially c<^nccrning the sa-
crament uf the catholic church, and namely
concerning the bfesscd sncrameiit of the alUir,
by reason of which their hori'sics ihfy were and
be by the order of the said catholic church,
here in this realm of England, justly and duly
excomniuiiicated and accursed, and ha\e divided
themselves thereby fujm the unity and in-
tegrity of Christ's catlv>lic church, and tor such
persons they have been and are named, re-
puted, and taken openly, notoriously and com-
monly amongst the catholic people of this
realm of England, and Ohpcciaily of this city of
I^jndon« familiarly hauntmg and conversant
with sacnuucntiirits, and openly known con-
doniijtd heretics, and favourers and abettors of
the siinie and their dtteMablc and pestilent
doctrine and heresy. 2. Item, il.at the said
John il<»i)pi'r, ainong-it other his j>oisoned
and vou'iinnus doctrine, and amongst other
his crrocu-ouis, detcst:tlile, r.r.d aliominablt*
errors a!)d hert sies taunlit and spread abroad
\\Qvc «\ithin thin realm, intecti;.); and poison-
ing il»e kinu's subjects therewith, hathhefoie
the time of the siurl i>r( ;. r:<li>d denunciation,
daninalilv and dei*..>r:»biy nuuic divers errone-
ous and lioreiiral ho«»l%'«, cs( Cvially one, enti-
tled a <lc(.larat';on of Christ aiul of his ofrii c,
priiiti'-i Jjib \\v falvtlv surmiseih'^ in Zurick, b\
AuLii^i-rif iriers, \%iiore he in many places here-
tiraliy :iiid damnably dor.ii th the true presence
of Christ*s b(»dy in the bles^ell sacrament of the
altar, and aUo in tflcci dcnicth tlie verity of
Christ's blened body upon the cross, calling it
mathematical, and excluding thereby the true
and very substance thereof. — 3. item, that I lie
said Jo. Hooper both persevere and continueth
still in his said poisoned and wicked tenomous
doctrine, in all points maintaining and defend-
ing the same and every part thereof all the
ways he can, specially against the presence of
C)irist*s blessed body in the sacrament of the
Altar; and his said books, especially the said de-
claration of Christ and of his Office, he doth yet
allow and maintain as good and catholic, where
indeed it is heretical, wicked and damnable : the
contents of which doctrine and book lo enti-
tled, the said Latimer, e^pecialljr touching tlie
heresy against the verity of Christ's body and
his true presence in the sacrament of the Altar,
luith heard,tau«;ht, read, preached, believed, hoi-
den, maintained, and kept, and so at this present
doth yet believe, hold, maintain, and keep, con-
trary to the faith of Christ*s catholic chnrch,and
the unity of the same observed amongst all tree
Christian people, incuring thereby heresy, ex-
communication, and schism, to the loss both of
their souls and of their believers. 4. Item, that
the said Latimer and I looper, and either of tbeai,
being of these vile and detestable qualities, and
consequently by the ordinance of the catholic
church of Christ, as well of this realm, as also
throughout all Christendom, being so excom-
municate and cast out thereby from the said
church, are not to this pretended denunciation
against me their bishop, nor to any judicial act,
to be admitted, nor yet to be accompanied
withal, or answered unto, but are by scripture,
and the order of Christ's catholic church here in
this reahn, utterly and truly to be excluded,
avoided, detested, eschcwe-J, and abhorred, in
all manner of wi^c, of all faithful and true
christian people, fearing God, and desiring the
advancement of the truth. 6. Item, that where
the said Latimer and Hooper, in their said pre-
tended denunciation, amongst other things, do
untruly deduce that they have made their said
pretended dennnciation,not inoA ed of anv malice
or evil will, l>ut for the good tranquillity and
governance of this realm, which, us they pretend
in their gay and f;lorious pruheme, they would
seem to have a great care and solicitude o^
where in very deed they and such as they are by
sundry ways, and specially by their corrupt
doctrme, and heretical naughty preaching and
infecting of the king's majesty's people, have
disturbed and greatly inquieted the good tran-
quillity and governance of this rcsdm, as eri-
dentlv and notorious it is well known ; the truth
}«, that this their saying is evident and plain
faUe : for notorious it is, and lawfully shall he
proved, that the said Hooper, conspiring with
liie Slid J^itiiner and other lieretics of tlictr
tactions sect and damnable opinion, did the
tir^t (by of September last past, alU-r that I tho
said bihhop of l^ndon had made the sermon at
Paul's Cross, asseniMe maliciously, uncharita-
bly, and unlawfully, a Kreat rabbleinent of such
as himself, within my diocese and juriidic-
tion, and under the colour of rcadingp did
IK55] OTATE TRIALS, 3 r.DW. YI. 1 5 50.-^for apposing the RrformatUm. [(50«
openly «nd nMnifintly rail and inveigh against
me the said bishop, tor my suid sermon, not for
any tuch matter, pretence, or cause, as is
fal»eiy and untruly sunqised in the said pre-
tended deaunciatiuny but only and chiefly for
that I the said bishop, as became a christian
man, especially him tnnt \wd and hath cure and
charge of his iiock, faithfully and truly to teach
them, did, taking occasion of the communion
not frequented nnr reverenced, hut neglected
and contemned, confess and declare my faith
And belief openly before my audience, totiching
the blessed sacrament of the altar ministered in
the same communion, afhrming hs the catholic
church nfiinneth and tcnchctlt, that in the
blessed sacrament of the altar there is the very
true body of our Saviour Christ, the self same
in substance that hanged upon the cross, and
the very true blood of our .Saviour Christ, the
•elf same in substance that was shed upon the
cross. Against which affirmation and assertion,
being catholic and true, the said J. Hooper (al-
beit now coluurably, and falsely, and fooiislily he
pretcndeth another matter more plausible in his
opinion and judgment in sundry places of the
city and subuibs of London) hath since that time
malicioasly inveighed and taught, learning and
teachinf; his audience hereticnlly, being mnny
in number, and assembling in great routs, to
reprore, crjntemn and despise the said blessed
sacrament of the Altar, and not to have a true
and faithful belief of it, as hitherto always the
catholic church hath ever had, tlie said Wm.
Latimer, ami the rabhlement of his complices,
conspiring and agreeing in points therein, and
inducing other to do the same, not making any
such pretence at all, as they in their said pre-
tended denunciation do faheiv surmise and de-
duce, but only and chiefly offended for nty said
assert ion .*and atfirroation of the verity of ( 'lirist's
body and blood in the sacrament of the altar. —
Item, that where the said Wm. Latimer and
John Hooper in their said pretended dciuincia-
tion do further reduce and falsely surmise that I
the said l^ishop of l^ondon had delivered to me
from tli^ king's majesty, by the hands of the
lord protector's grace, and the rest of the king's
majesty's council, certain injunctions with ar-
ticles to be insinuated and preached to the
king's majesty's subjects at a certain day limited,
and after such sort, form, and manner, as is in
the said pretended denunciation surmised un-
tniiy, ana deduced ; It is notorious and evi-
dent, as well by the renour and continue of
that writing winch was to me the said hi<ibop of
Lrnidon delivered hv the hands of sir Thomas
Smith knight, one of the two principnl secreta-
ries to the king's majesty, as otherwise, that
tic said surmise, in sucii sort and fashion as it
is deduced an<l made, is not true in this belrdf,
refciring me to the teuour of the said writing,
whirl] neither was signed with the king's ii>a-
jeiCf's hand, nor sealed with any his m-^^^ty's
seal or signet, nor yet subscrilied by any of the
s:iid council, or delivered al'ter such sort as is
alledged and pretended, us moie evidently here-
•ficr sinU appearand sufficiently beprored f^r
my lawful and necenary defence in this behalf. —
6. Item, tlmt in case any such injunctions with
articles, after such form and fashion, bad so
been delivered unto mc as is sunnised and pre*
tended, yet false and untrue it is that I the
said bisliop either left out, or refused to declare
the same for any such cause or causes, falsely
and untruly surmised in the said pretended de-
imnciaiion, or else so perversely and negligently
did, as likewise in the said pretended denun-
ciation is deduced, which thing may well ap-
pear in the discourse of my said sermon, where
m substance and effect I declared faithfully
and truly the^e points specially following ; that
is to wir, that all such as rebel agaiik^t their
prince get unto them damnation, and those
that refuse the higher power resist the ordi-
nance of God, and he that dieth therefore
in rebellion is by the word of God utterly
damned, and so loseth both body and soul,
alledging for this purpose the 13th chapter of"
St. Paul to the Romans, and it at large de-
claring unto the audience : furthermore, speak-
ing of the rebels in Devonshire, Cornwall, Nor-
folk, and elsewhere within this realm, standing
in doubt wliether I might put them in the
place of those that put trust in themselves and
despised all other, or in the pluce of both,
doing as they did, forgetting God, not duly
considering tbe king's majesty their supreme
head next and immediately under God, for-
getting their wives, their children, their kins-
folk, their alliance, acquaintance, and friends,
yea themselves, and their native country, and
most unnaturally rebelling agilnist their sove-
reign lord and kHig, whom by God's law they
were bouiid to love, sen'e, and faithfully obey";
I did t6 tlie best of my power dissuade rebel-
lion, and exhort the audience unto true obe-
dience being thus commanded ; and all rebel-
lion being in like manner forbidden under pains
of eternal damnation, all these rebels in Corn-
wall, Devonshire, Norfolk, or elsewhere, who
take upon them to assemble a power and force
against their king and prince, against the laws
and statutes of the realm, and went about to
subvert the order of the commonwealth, did
not only deserve therefore death, as rebels and
troitors, but al^o did accmnuhuc unto them-
selves eternal damnation, even to be in tlie
burning fire of hell, uith Lucifer the father and
Arst author of pride, disobedience and rebel-
lion. And here I did usk who had induced the
suid rebels thus to rio : to which I answered by
another question, demanding who moved and
induced Kve to take the apple and break her
obedience against God's commandment ? who
moved also and induced Cain to kill his bro-
ther Abel : yea, who moved Judas the apostle
to helray his muster (!hrist ? w;is it not the
devil ? yes truly, nnd he ii is, said I, that of his
great malice and h:i[red to men and good order
h:ith moved and indured the^e rebels It) tliif
unnatural rebellion ;i>rHintt their prince and
soverc'ign lord. Wheicupon I abkcd wliat pre-
tences they had, and answering thereto, s;iid ;
that amongst other they hud masses and b'^**-
6 67] STATE TRIALS, S Edw. VI. \ 5 50— Proceedings against Bishop Bonner, [t>68
water, upon which I exclaiming against thein,
said, Good Lord ! is not this a marvellous thing,
to palliate, colour, excuse, and maintain rebel-
lion, and inobedieiice, to pretend mass or holy
water, a» who saith, that tliese things had
been instituted and ordained to defend, main-
tain, and excuse rebellion, treason, and in-
obedience, which I told the audience they could
jnot do. And tliereupou I brought four texts
of scripture to prove this thing that I said,
alledgiug the 16th chapter of the book of
Numbers, the 15 th chapter of the first book of
Kings, the 10th chapter of Leviticus, and the
fourtli that myself added also, the 13th of St.
Luke, joiued with the 5th of the Acts, setting
them forth the best I could, as one not much
exercise^ in preaching, but restrained there-
from. And here I concluded, that whatsoever
pretences these rebels had of masses, holy
water, or such otiier, it could not in any wise
excuse or defend their rebellion and inobcdi-
ence, referring myself herein to the indifferent
hearers in the said audience. And here pull-
ing out a writing, sent from the king's majebt_v*s
privy council unto me, touching the victory
against the said rebels, which for brevity of
time mv memorv would not serve to declare
without book, I did rehearse it in writing ^^ ord
by word. In doing whereof it well appeared,
that I did not favour the opinion of the suici
rebels, nor maiutain their enterprise, but con-
trariwise did- detest them and all their doings,
declaring obedience to be better than s;icri6ce;
and that iu disobedience and rebellion nothing
could or did please Ahnighty God. Further,
taking occasion of the proud phnrisce and the
humble publican ascending into the Temple to
pray, and noting the outward and external
doing of them both, with the success thereof,
I declared to the audience touching the order
of the church and the external rites and cere-
monies of the divine service, that for as much
as God rcquircth humility of heart, innocciicv
of livine, knowledge of him, charity and love
to our neighbour, and obedience to^his word,
to his ministers, and to the superior powers, we
must bring all these things to all our prayers,
to all our senice, and that this is the sacritice
that Christ requireth, and that these be the
tilings that make all other things pleasant to
Almighty God ; further saying, tlmt the exteroci
rites are hut exercises of religion, and appointed
by superior powers, and that in the choosing
thereof we must uhey the magistrates, and that
we also do see that thosc things ever have
been and sbiUI be divers, as the time and place
is, and yet all hath pleased God, so long as
humility of hciurt, iunocency of living, kuowing
of God, charily and love to' our neichhour,
with obedience to God's word, God's ministers,
anrl superior powers, are concurrent and pre-
sent therewith. — 7. Moreover, I then said, that if
any man should use rite>, and disobey tliereby
the superior powers, the devotion of his cere-
mony was made ei il by liis disobedience. In-
somuch that that which, standing the law, might
(•e pntdf was by prirle, dLM)bcdicncc. and re-
bellion, made evil and unprofitable, patting
example in the fact of Saul reserving the fat
sheep for sacri6ce, and in Korah, Dathan, and
Abiram, and also in Nadab and Abihu, Aaron's
two children, and in the Galileans, wl)ose blood
Pilate did mire with their sacrifices. And
thereupon I told the audience that they mu^t
do herein especially two things : the first, they
must join to and with their devotion faithhil
obedience, and then they shall win the gar-
land, and oiherwi:>e have but a zeal, std non
secundum scientiam, deserving no thanks or
praise of God ; and also tliey must with and to
their obedience join devotion, knowing that
God more doth require and consider the heart,
then the outward doing. And thereupon 1 ex-
horted the audience, that when they came to
take the communion, or to hear or yay the
service, appointed by tlie king's majesty, they
must bring devotion and inward prayer with
them, or else their prayers shall be but vain,
as wanting and lacking tliat thin^ which God
rcquircth, that is, the heart and mind to pray
to him. And herein because I marvelled that
the communion was no more frequented now
a-(iays, and lamenting the unrevcrent coming
to it and using of it, fearing that it proceeded ot
an evil opinion and behef touching the sacra-
ment of tlie altar, ministered and di&tributcd
at the same communion, and to the intent to
make the people have better opinion of it than
they seemed to have, I did faithfully, truly and
plainly declare my belief of the said sacrament,
whercwitii the said Latimer and Hooper, with
their complice*, were so much otfended and
:igi:ricved. — 8. item that where the said William
Latimer and John Ilnoper do further in the
Siiid pretended denunciation untruly, and un-
chariialily deduce and alledge, that I iu my
said sermon did intrcat of such things, as most
should move ujid stir up the people to disorder
and dissention, it doth hereby evidently and
clearly appear, that either the said pretended
dcnunciuiors do tiike and esteem a declaration
taithfully made of the loyal obedience of sub-
jects to the king*s majesty, the supreme and
sovereign lord, and the |;reat peril and danger
of rol)clli<>ii commitied by subjects against
tlieir king and prince and .sovereign lord, to be
a moving, provoking and stirring up of people
todisconl and dissension, or else that the adir-
malion and assertion caiholick of the verity of
Christ's body and blood in the blessed sacra-
ment of the altar, set foUh hy me as afore, doth
eifecC and work such disorder and dissension :
for evident it is to all those which indiflferenily
heard my said sermon, that 1 (grounding my-
self upon scripture, uiirl takmg occasion at the
.Sunday then occurrent) did speak specialty
and earnestly of these two things, without tax-
ing of any man specially by name, or other cir-
cumstance, to slander them thereby, and I did
both set forth the obedience and duty of all
subjects, genendiv to their king, and specially
of sub'iects of this realm to the kiug*s mu'iesty
that now is, uhose minority to all peuplo of
thii realm is' mors than mnnilicsCi nad is abo
669] STATE TRIALS, 3 Edw. VL 1550.— Jibr oppoting the Rtformatum. [670
apparent, or evidently known to all the whole |
world beside : and also, I did then declare and
la? open the imminent danger and great peril
of rebellion in subjects against the iiigh powers
and authority, and also specially of the rebellion
laie comoiitced by them of Devonshire, Corn-
wall, Norfolk, and elbewhere^ against the king'&
majesty that now is, which 1 would not have
done, except I botli had believed that ail the
king's suhjects without exception were bo\iiid
to obey the king's majesty even as he now is,
was, and shall be, during his life, which our
Lord long preserve to all our comforts and
wealth, and also that the rebellion of late
•o committed against his mujesty was damn-
able, and utterly detestable and condemned by
God*8 law; and herein I refer me to the indiffe-
rent hearers of this my sermon, wishing that
this Latimer, and Hooper, with all the rest of
these new preachers, did mean as faithfully,
truly, obediently and catholicly, as I always
have done toward the king's majesty, his
honour, uUtKority, royal power, and surety of
his person and realm, and did not more move,
iocourage, and stir the king's mnjesty's sub-
jects to sedition, tumult, and inobedience, by
their erroneous doctrine and tcacliine, than I
did at any time encourage, mode, or stir any of
tliem in any wise; or give occasion to any of
the same. — 9. Item, where the said Wm.
Latimer and John Hooper do falsely sunnise
in their pretended denunciation, that it was of
no light ground looked for, that I the said
bishop of London should more apertly Irnve de-
clared the injunctions and articles aforesaid,
and that it did so appear unto their judg-
BU»irs ; I do say, that their judgments are cor-
rupted and only set to slander and picking of
quarrels in this bt-half, being well assured and
so credibly infomied tliat ail the worshipful
and honest catholic persons of my suid audi-
ence were fully satistied both as touching obe-
dience to the king's majesty in liis tender age
and minority, and also touching the penalty
and great peril of punishments for tlic rebellion
so lately committed against the said majesty
hy the foresaid rebels. And moreover i do
•uy, tliat before my lord protector's grace, and
the rest of the king's majesty's most honour-
able council tlien present, 1 made my excuse
and alledged many impediments for my not
preaching at the cross, and did not further pro-
mise but to do the bvbt I could, which of my
lidf lity and conscience 1 did, not oniiliing any
thing of purpose or evil will, that might be to
tlie satisfaction of all people both gtiod and bad
in every condition and point, specially in this
bcliaif, collecting and gathering together, with
all diligent study, all tliHt might make, in my
judgment and opinion, for the better setting
forth of the same.''
Tbas have jrou Ronncr*» Answer- to the De-
nunciation aforesaid ; wherein first he alledg-
ed, or rather shamelessly and slanderously ca-
villed, that those his denouncers were vile, in-
famed and notorious criminous persons, and
also open and numifcst heretics, as well against
the rest of the sacraments of ' the church, as
chiefly against the sacrament of the altar ; and
were for the same by the orders of the church
excommunicated aud accursed, and were so
taken of all the catholics of this realm, and es-
pecially Hooper ; who, besides other his poi-
soned doctrine and hereby amongst the people,
had also before the time of tlie denunciation
made divers erroneous and heretical books
against the true presence of Christ's body in
the sacrament of the altar, and did also con-
tinue in the same, allowing and maintaining it
as good and catholic. Which books and doc-
trine, chiefly against the sacrament of the altar,
William Latimer had and then likewise did al-
low, believe, and teach, to the loss of both
their own souls, and also their believers, and
therefore were not now nor ought at any time
to be admitted either in this their denunciation
against him, or in any other judicial act ;, and
that the rather also, because that although they
pretend in their denunciation, that they made
not the same of any malice or c\'il will cowards
him, but for the good tranquillity and quiet go-
vernance of this realm, yet was it notoriously
known, that as well the same day at afternoon
in which he the said bishop preached at the
Cross of Paul's, as also at sundry other times,
they* two, cdnspiring with other of their faction,
did maliciously and unlawfully within his dio-
cese assemble together a great rabblement of
such as themselves were, and there under the
colour of reading did openly rail and inveigh
against him, not for any the causes pretended
h) their denunciation, but because he had in
his sermon declared, as the catholic church
taught, that in the sacrament of the altar tliere
was the very true body and blood of Christ,
the same in substance that was hanged aud
shed upon the cross.
Then, after these vain and frivolous allega-
tions against the denouncers, he cometh and
unswereth to the substance of their denun-
ciation, and saith, that where they in the same
do falsely surmise that there were delivered
unto him from the king's majesty, by the hands
of the lord protector and the rest of his high-
ness's council, certain injunctions and articles
to be published and declared unto the people,
at a day limited in the same, their informa-
tion, in such sort as it was deduced, was most
false and untrue, for that the articles delivered
unto him by i«ir Thomas Smith, one of the king's
secretaries, were neit her signed with the king's
own hand, neither sealed with his highnoss's
seal or signet, nor yet subscribed by any of his
council, ^'c.
Where in:irk, I beseech you, the subtilty of
a disloyal papist, who, because the articles
were not sealed by the king and his council,
would make them therefore not to be of any
such force, as that the breach thereof should
cause him to incur the danger of contemptuous
disobedience. But admit they were not signed
nor sealed, of which thing by the way in the
denunciation there is no mention yea or nay,
yet it is manifest by the second l)iri of articks
C7l] ST^TE TRIALS, S £dw. VI. IdbO.—Pivceedings egainsiBi^ Banna-, [672
mioistered onto liim by the commissioners, io
the fourth act of his process, that at such time
as be was before tiie council, those articles
ivere by the commandment of the lord .protec-
tor, openly there read unto him by one of the
secretaries, and after tidditiun of the article
concerning the king's lawful power and autho-
rity duriuff his young yeax^ were also delivered
unto him by the bands of the lord protector,
in the presence of the rest of the council ; who
thus receiving them promised there faithrully
to accomplish all the contents tl^reof. After
which, they were again delivered unto secre-
tary Smith, to amend such things therein as
the lord protector and tiie rest of the council
had there appointed. Which being according-
ly done, as tne bishop himself at the last re-
jceipt thereof confessed, were finally delivered
unto him by the secretary; and therefore was
tbis but a poor shift.
Now, after this, he maketli a supposition,
that in case it were true, that the injunctions
were delivered him according to their informa-
tion : yet was it untrue that lie did omit or re-
fuse to declare tlie siinie for any such causes
^ they had alledged against him, and that did
well appear in the discourse of his sermon,
ivbich tendered principally, as he said, to the
disallowing and condemnation of all rebels,
and chiefly of the rebels in Norfolk, Suffolk,
Devonshire, and Cornwall, or elsewhere with-
in tliis resdm of England: Who forgetting
tbeir allegiance and duty unto their prince, as-
signed them by God's word as their supreme
head, their natural love and care for tlieir
country, wives, children, and kinsfolk, did both
deserve death bodily as traitors, and also accu-
mulate unto themselves damnation of body
and soul eternally with Satan, the fatlicr and
first mover of all rebellion and disobedience ;
and herewitbal further exclaiming against the
pretences of those rebels, who amongst other
things pretended the mass and holy water,
with such like, which were never ordained fot
the purpose to colour and maintairi rebellion,
«s he said he then proved out of the 16th of
Numbers, 1 Reg. 16, Leviu 10, and 4 Luke
IS, and Acts 5, in the best manner that be
aould, as one not exercised greatly in preach-
ing, but restrained therefrom, but having humi-
lity of heart, innocency of living, knowledge of
God, love to our neighbours, witli obedience
to God'i word, ministers, and superior powers
concurrent with them, they being external rites
and ceremonies of the church, were exercises
of religion, and appointable by superior powers ;
and yet that, which, standing the law, might be
good, was by pride and disobedience made evil
unprofitable.
And here he further said because he saw the
people slack in coming to the communion and
divine service set forth by the king's majesty,
and to tlie intent he would make them have a
better opiniun in the sacrament than he thought
tbtrbady bt then &ithfully did declare his be-
fiei therein. Wherewith his denouncers being
oSniifii tbtj onchariubly and untruly dedu-
ced in their pretended denunciation, that in his
sermon he did intreat of such things tu most
should stir up unto dissension and tomult;
wliereby it appeared unto him, that hb de-
nouncers either took his cattiolic assertion of
tlie verity of Christ*s body and blood in the
sacrament of the altar, or else his faithful de-
claration made of tlie obedience of sul^cts
unto tlie king's majesty their supreme and so-
vereign lord, with the peril and danger of re-
bellion committed against him, to be the cause
of disorder and dissension ; for that, saith be,
of these two points be chiefly spake, and espe-
cially of obedience to the king ; whose mi-
nority was more tfian manilestly known, as
well amongst the people of tliis realm, as else-
where throughout the world besides; which he
would not have done, except he had belie%ed,
thut both all his subjects were bounden to
obey him,^ven as he then was and should be-^
during hiai life, and also that the rebellion of
late committed against him was detestable and
condemned by God*s word : and theicfore he
wished that his two denouncers, with all the
rest of the new preachers, did mean as fiiitb-
fully, obediently, and catlmlicly towards tbe
king's honour, royal power, and surety of per-
son, as he did, and had not more moved the
people to tumults and disobedience by their
erroneous doctrine and tetu:hii)g, than he had
at any time given any occasion ttiercunto.
Theh fiu^y be concluded and said, that
whereas his aforesaid denouncers surmise, that
it was of no light ground looked for, as it
appeared in their judgments, that lie should
more apertly have declared the contents of tba
injunctions and articles tlian he did, that their
judgments were in that belialf corrupted and
set to slander and picking of quarrels ; for be
was well assured, and credibly infonned, that
all his honest- and catholic audience were fully
satisfied, both touching their obedience to tM
king's majesty in his tender age, and also con-
cerning tne great penalty and peril that the
late rebels incurred by their disobedieuce. Aod
besides that, when lie was before the lord pro-
tector and llie rest of the council, after he bad
made his excuse, and alledged many impedi-
ments for his not preaching at the cross, be
did not then further promise but to do the best
he could, wliich he hath of his fidelity and
conscience accomplished, not omitting anything
of purpose or evil will, that might satisfy the
people in any point concerning the premi!>es.
Whilst he was thus reading these answers
objecting against \m dcnomicers such cau&cs
and qtiarreb as he befon; alledged, for which he
would ha>'e earnestly Imd the denouncers to
be repelled of the commi>sioners, tlie arcJibi-
shop of Canterbury replied. That if there were
any such law, he thought it not to be a good
or godly law, bui a law of tlie bishop of Rome,
For, said he, if my matter and cause be good,
wlmt should I care who accuse me, yea al-
though he were the devil of hell.— No sir, said
the bishop of London, it is tlie king's law used
An tbe reahn.— Well my lord (said (^ arefabi*
673] STATE TRIALS, .3 Edw. VI. 1550.— far opposing the Krformation. . [674
Bijuj>) ye be too fall of j'dur law; I would wish
Tuu Imd less kii'mlcdgo in that law ; and more
kucwledgc in Uod*s law, and of your daty. —
Wei], answered the bishop again, seeing your
grace faJleth to wishing, I can also wish many
tliines to be in your person.
Then spake secretary Peter to the bishop as
toucliing these denouncers, we are not so strait-
ed in ibis matter, but that we may proceed
against you, either at their promotion, or with- I
out tliem at our pleasure. — A God's an me then, |
said Bonner, put them by, and then do as 3 our 1
pleasure shall be, so you do me right, for I ask <
but right. — Nay, said secretary Smithy you ask
you wot not what : you would have us follow
your mind in these quiddities an<l quirks ; and
all is nothing else but to delay justice. And
you do herein as thieves, munlerers, and trait-
ors, not to have the truth known. — Say you so
to me, quoth tlie bishop? I thank yoa. Well
I could say somewhat to you also, were ye not
in die place ye he, but let it pass. As for my
matter, I fear it not, it is not so evil as you
make it ; for I have your own hand-writing for
my discharge, which wlien I shall see 6me, I
thah shew fortli. — My hand } quoth the secre-
tary. Let me see it, and let it be read openly.
So it shall, said the bishop, when I shall see
time. Then said Mr. Smitli, you do use us thus
to be seen a cunning lawyer. Indeed, quoth
the bishop, I knew the law, ere you could rend
it. With that, secretary Perer willed the bi-
MK>p to proceed in reading; oi his answers; who
so did, ami wlien he hud finished, Latimer de-
livered up a writing in paper unto the archoi-
shup and the rest of the commissioners; who
then said unto the birihnp of London, here be
certain articles which we intend lo miiiistiM-
uu:o you. The bishop therewith said, do you
miaiater them of your otlice, or at the promo-
tioQ of these men? (pointing to Latimer and
Hooper) fori perceive they gave them unto
you. Nay, said secrt tary Peter, w e will minister
them unto you. ex officio Mcro, and therefore
took an oath of ilie i)is»hop dcjidtliltr rexpon-
ienio. Who desiring a copy nf the articles,
required also a competent time to be given
ontollim to make an<)wer thereunto. — To whom
secretarjf Peter replied, sayinj:, my lord here
be certain of the article^i torn hint; vour own
net, which you may answer unto roicliwith as
whether vou wrote your sermon or not before
you preached it. Whereunto the bishop an-
iwered, that lie wrote it not, but he drew cer-
tain Qutes of it. Then those council, said he,
and advice used yon in makin*; your sermon ?
To which be also answered, that lie had tlterein
ined his own council and hooks, and yet my
chaplains, quoth he, be nmch siispf cted for my
doings ID many things, and sometimes I for
tbein, when there is no cause why.
These words ended, the conimi^sione^s as-
ligned him Monday tlie IGth of Septt nihtr then
oeit following, to appear before them, and to
make liis full answers unto ail the Articles mi-
oiattred uoto hiin by them this day, the cou-
teotA whcrtof are M folbwcth :
VOL. I.
The Form and Tnwr of the Articles minitttired
unto the Bishop of London, by the K\n^*»
Commissioners,
Monday the 16th of September, 1510, the
archbishop associated v\ith the hisliop of Ku-
chester, secretary Smith, and Dr. May dean of
Paul'k, sat judicially witliin hi^ chapel at Lani-
heth : before whom there and then appeared
the hishop of London, according as he w:is as-
signed in the last session : at wiiirh time he
exhibited unto the commissioners in writing his
answers unto the last former articles. — Hut be-
fore the same were the re read, the archbishop
said unto him, that his hue answers, made the
13th of Sept. unto the Denunciation were very
obscure, and therewith aUo contained much
matter of slander against Latimer and Hooper,
and much untruth, and therefore thev dt sjrcd
there to pur^e themselves. Whereujjon Lhti-
mcr, first obtaining leave to speak, s!ud, that
the bishop of London had most falsely, ontrulv,
and uncharitahly accused him, lavmg t*) his
charge many fained and untrue matters in his
former answers to the denunciation, and sucli
as he should never be able to prove. For
where in his said answer he alledged, that Hugh
Latimer and John Hooper, with oilier heretics
conspiring against him, did the first day of Sep-
tember after the bi^hop*5 sermon assemble
themsclvei together unla-A fully against the said
bishop, that saying of his was n;ost untrue.
I'or neither that day, u'jr ye' before that day,
nor until i:e»*tain days after he ever knew or
spake with llur or. And us touching his own
preacliin^ there, opcn'y acrused by tlse bi«hop,
he bai i he never held, tuughr, or preached any
thing concerning the blessed biicranient, ()ther-
wi^e than he ought to do, nor otherwise than
according to the sciipt'.:rc', and trie catholic
faiiii of Chribi's church ; and tberefort; offered
himself to be tried by the artbbi ho!*, or other
i<uch learned men as it slio'ild please the king's
majetiy, or the said r<m)ni>sioncrs to aj>:)oint;
and luriiiOr to sulTer, to be hanged, drjiwii, and
quartered, if the bishop could justly pro\t true
tl)e things that he had thert* sh.i iiefully hiid to
his chartie. Then Master iloojx r, upon like
licence obtwineu, Miid to Uiis cfjcei :
*' This untrodly man, pnintinn ti» the bi2hop,
hath mobC uncharitably and ungodly iiccused
me bei'ore your urace and tttis audience, and
hath laid to my (litirge that I am an herilic.
Whereas I take Gi»d m reconl, 1 never spake,
read, taught, or preached :niy herr-sv, but oidy
the most true and pure word of God. .And
where he saith, I fre(|uent the c^mpr.ny of here-
tics, I do much marvel of ins m) saying : tor it
hath pleased my h)rd protector's trace, my singu-
lar gf'oH Icrd and master, and my ladv's ^lace,
to have jne with them, and 1 have prtnched be-
fore them, and much u^ed their company, with
divers other worsiiipml pers<ms, and iheicf >re 1.
suppose thi« m:u) meanclh them. And tur-
thir, whereas he saith that I have made here-
tical books at; nin^^t the ble«>>ed '>aerameiit of the
body and blood of Christ, calling it matbcma-
'1 X
675] STATE TRIALS, 3 Edw. VI. l550.'-'Proc€cding8 against Bishop Banner, [676
tical, I perceive that this man knoweth not
1^'hat tliis word mRthetnaticai theie meaueth,
and therefore un(ier^tai)detl) not mv book :
which, I take God to be ii»y juH;:r, I have made
truly and sincerely, and according; to his holy
word : and by the g:uue his holy word and scrip-
tures I am always and shall be ready to submit
myself to your grace's jirdi-nient and the supe-
rior powers to be tried; with many such more
U'ordsoflike importance." Whicli ended, tiie
archbishop, to shorten tliis matter, abked the
bishop how he could prove that Hooper and
Latimer assembled together against, him the
fir^t of September, as he had alledged, seeing
they now denied it, imd therefore willed him to
answer forthwith thereunto.
The bishop then answered, that he would duly
prove it, so that he might be admitted to do
It according to lav%', and with that he pulled out
of his sleeve cerinin books, saying, I have this
rarlet^s books v\hich he made against the
blessed Sacrament which you shall hear. Then
BS he was turning certain leaves thereof Hooper
began again to speak : but the bishop, turn-
ing himself towards him, (auutingly said, put
up your pipes, yon have spoken for your part,
I wdl meddle no more \>ith you, and there-
with read a ceitain bculonce upon the book.
Which doue, he said, Lo here you may see his
opinion, and what it is. At wliich words the
people standing behind, and seeing his unrc-
vcrent and unseemly demeanour and railing,
fell suddenly into great laui^hing. Whereat
the bishop bcint; moved, and perceiving not
the cause wherefore they did laugh, turned him
towards them in a great rage^ saying, Ah wood-
cocks, woodcocks.
Then said one of the commissioners, why say
you so my lord } Marry, quoth he, I may well
odi them woodcocks, that thus will laugh, and
know not whereat, not yet heard what 1 said or
read. Well my lord of London, said the arch-
bishop, then I perceive you would persuade
this audience, that vou were called hither for
preaching of your belief in the sacrament of the
altar, ann therefore you lay to these men's
charge, meaning Hooper and Latimer, that
they have accused you of that, llowbeit, there
was no such thing laid to your charge, and
therefore this audience shall hear openly read
the denunciation that is put up against you, to
the intent they may the better perceive your
dealing herein. And therewithal he said unto
the people. My lord of London would make
you believe, that he is cidled hither for dcclar-
mg and preuchini: his opinion touching the sa-
crament o\ the altar : but to the intent you may
perceive how he goeth about to deceive you,
you shall hoar the denunciation that is laid in
pgnin^t him read unto you, and thereupon he
dilivcre-.d the denunciation unto sir John Ma-
•on knighr, v» ho 'there read it openly. Which
done, the archbisiiop said again unto the audi-
ence, Lo, here you hear how the bishop of Lon-
lion is called for nu such mutter as he would
persuade you.
With this the bishop bein^ in a raging heat
ns one clean void of all hamanity, turned himself
about unto the people, saying. Well, now hear
what the bishop of London saith for his part. But
the commissioners, seeing his inordinate con-
tumacy, denied him to speak any more, sayine,
that he used himself very disobediently, with
more like words. — Notwithstanding, he still
persisting in his unrevcrent manner of dealit>g
with the commissioners, pulled out of his sleeve
another book, and then said unto the arch-
bishop; My lord of Canterbury, I have here a
I note out ol your books that you made touching
the blessed sacrament, wherein you do affirm
the verity of the body and blood of Christ to
be in the sacrament, and I have another book
also of yours of the contrary opinion; which is
a marvellous matter. — To the which the arch-
bishop answered, that he made no books con-
trary one to another, and that he would defend
his books, howbeit he thought the bishop un-
derstood them not : for I promise you, quoth
he, I will fmd a boy of ten years old, that shall
be more apt to understand that matter than
you my lord of London be.
Thisafiermuch multiplying of like words, tbt
commissioners, thinking not good to spend any
more waste time with him, willed him to shew
forth his Answers unto the Articles objected
the last day against him. Whereupon, he
having them ready, did read the same openly
to them. Wherein after many words of
his former Protestation recited, with a mar-
vellous lamentation to sec that one of hit
vocation, at the malicious denunciation of vile
heretics, should be used after such n strange
sort, having nevertheless done the best he could
to declare his obedience unto the king's ma-
jesty for the repressing and discouraging of re-
bellion and rebels, and also for the adwincemenC
of the verity of Christ's true body and liis pre-
sence in the sacrament of the altar, for which
only the malicious denouncers with their com-
plices had studied to mole:5t and trouble him,
ne then cometh to answering the Articles, and
saith, that to the first, second, and fourth, he
hath (drc'ady in his former Answers to the De-
nunciation sufficiently answered, ajud therefore
was not bound by law to answer any further.
As to the third, and fifth, he saio, he began
lo write his sermon, but being soon weary, be
did only make certain notes thereof, without
help of any other, saving that he shewed tliem
to his chaplains, requiring them to put him in
remend)rance thereof Amongst the which, for
the better setting forth of the king's majesty's
power and authority in his minority, he bad
collected as well out of histories, us also out of
the Scriptures, the names of divers young kings,
who, notwithstanding their minority, were fuith«
fully and obedieiitly honoured, and reputed fox
very true and lawful kings ; as Henry dd being
but nine years old, lulward 3d being but 13
years, Hichard Id being but eleven years, Henry
(jth beins not fully One year. Fxiward 5th being
but 11 years, Henry 8tfi being but 18 years of
ace. And out of the Old Testament, Osiat
and Achat who were but 10 years oM. Soionoii
«77] STATE TRIAUS, 3 Edw. VI. 1550.— /or opposing the Reformation. [hid
cau>e8, especially the ^ood and tranquillity of
this realm, wliich our Loni God kiiuuetti they
cure^ nothing for, but coniraryuise do let :uid
impeach the same, corrupting and infecting;
with their poisoned and false doctrine, and
teaching the king*s subjects in this realm, to
,tiie great peril and diinj;er thereof many ways;
do answer unto certain prt;tended Articles and
Interrogations ministertd hy you indeed unto
me the said bishop the 13th of Sept. IMO, us
followeth.
** To the first Article objected against me, I do
And Maoasses bein^ but 12 years, Jusias, Joa-
ciiim, and Josas, bemt; but 8 years of a^e when
they entered their reigns. All vihicn notes
with many other he bad purposed to declare,
if they had come into his memory, as indeed
they did not, because the same was disturbed,
partly for lack of use of preacliing, and partly
by reason of a bill that was dtlivered to him
from the king's council, to declare the victory
then had against the rebels in Norfolk and
Devonshire, wliich, being of some good length,
confounded his memory ; and partly also for
that his book in his sermon tnne fell away | say and for answer do refer mc unto my former
from him, wherein were divers of his notes ! Answers heretofore, that is to. wit, the 13ih of
which he had collected for that purpo]»e : so I Sept. made and exhibited by me before you
that he could not reniemlier uliut he wouhi, . unto the said pretended denuiiciation, touching
but vet in generality he persuaded the people i this matter; alledf^ing ivithal, that a report of
to obedience to the king's majesty, whose mi- ' things dotii not absolutely prove, nor necessa-
Dority was manifestly known to them and to i rily infer things to be in very deed true after
all other. ! such a sort, fashion, manner, and form, as
Then as to the sixth, he ^aid he knew not the < sometimes Uicy be reported and reiieursed.— >
rebels opinion, and therefore could not answer , To the second, I do answer and s:iy, that this
thereunto. And as for answer to the seventh, I Aiticle doth depend on the first Article next
eiehth,nintli,andeleventh Articles which touch- I before, uhich after such sort, fashion, manner,
ed his pastoral oiHce, he said, that 'noiwith- I and form as it is deduced, was justly by mc, in
staoding his manifold and ^reat troubles, as i my answer made unto the same, denied, and I
well by his own business and hi^ family's bick- I therefore now not bounden by the law eftsoons
ness, as also by uncharitable informations made ! to make other answer thereunto. — To the third,
•gainst him, yet he hath not failed to give order j I do answer and say, that I licgan to write a
onto his oncers straightly to look unto such j piece of my sermon, and being soon weary
matters, and such as he hath known, which
were very few or none, he caused to be punished
iccording to the laws. All which Answers,
with otlier written with his own hand, here-
uoder follow.
The AsiYT'ERS of Bonner unto thn Art jcf.T.^ ob-
jected to him by the King*: Coinmiisionert,
the first time,
** I Edmund, bishop of London, under pro-
testation heretofore by me made, exliibiled and
repeated before you, vrhich in all my s<iyings
ind doings I intend to have for repeated and
retiearsed again to all lawful eiTi cts and pur-
poses for my honest and necissary defence,
with protestation also of the nullity and ini-
quity of your process 1 had made in this behalf,
and likewise of the gcntTality, incertainty, ()l>-
icority, contrariety, repugnancy, variety, in-
sufficiency, and invalidity of the thinL;s alled^ed
and de<iMCcd before you against me, as well in
tiic couiniission and donunciatron in divers
parte, as also tiuching the ariiclcs and interro-
gatories so ministered unto me; hunenting not
atittlcy that one of my vocation, at the malici-
ous denunciation of \ilehtretical and detotablo
persons, should be used after this strange soit,
Itaving done the best I could to declare mine
obedience unto the king's most excellent nva-
jcity, for the repressing and discouri'^ing of re-
bellion and rebellious persons, and for the ad-
Tanccnicnt of the verity of Chii>L*s true body
and bis presence in the most blessed Sacra-
ment uf tiie altar. For which only the malici-
ous denunciators wiih their complices have
rModied to molest and trouble me; althoui:h
€oloorabljr tbcj would be seen to pretend other
thereof, I did leave oif, and did make only cer-
tain notes of my said sermon, and put the sama
notes in writing of mine own hand, without
help or counsel of any other, and tne same
notes did shew unto my chaplains, Master
Gilbert Bourne and Master Joiin llarp>iield,
both before and aUo since my said sermon,
oidy dtsiring them to put mc m renicmbrancu
of my s?iid notes, and prticess to be made there-
upon, and also to search out for me the names
of such kings as were in their minority when
they began to reign. — To the fourth, I do an-
swer and say, that this Aiticle doth depend
upon the first and second Articles here hefore
denied, dcducel in such >ort, manner, and
form, as is expressed in the same, and moreover
I say, that already ans^>eris made hcrenuto hy
ine, in my former answers made to ihc said
pretended dennnci.ifion. — To the fiill>, I do
answer and say, that this Article also doth de-
pend upon the fust and seciind Article^, and
that aiL-wer is made thereunto bv mc already
in niY tonncr answers made unto the sai'l pie-
tendeil denunciaiidii. And moreover I d«> say,
that for the belter advancement and >('Uini?
f'li th of the king's majesty's royal poucr and
authority even in his minority, and for li.e duu
obed'cnre of his majesty 's subjects unto his
highness, even during the said minority, I hud
colhcted together as well out of hisioiif-^, av
also out of the Scri[)tiire of the Old Ttstament,
the name's of divers kings being in iniixjiity,
who, notwithstanding their yiid minority, were
faithfully, duly, and reverently obeyed, Ik»-
noured, served, taken and reputed for very tiue
and lawful kiiij^s, as He-iry the 3d, heirj but
nine years old when lie entered to rui^n and
079] STATE TRIALS, 3 Edw. VI. 1550.— Proceedings against Bishop Bonner, [6M
govern ns king. Edward the 3d, bcint; but 13
years ut* age. Richard tlic '^d, bbing hut 11
years ot* age Henry ihe 6th, bciii^ nut tully
one year ot' age. Kdwitrd the oth, h<.')nt:; hut
11 years old. Henry the 8lh, beiug ahont 18
years old ; and so all these king^ being in their
minority as the knig'^ majesty that now i>f, and
yet bavins; authority and power legal, as ap-
pertaincth ; and in the Old Testament, Osius
and Achiis were very true kin^s in their mino-
rity, bt in^ but 10 years of a^o ; Solomon and
Munasbes being init 1'2 years of a<;e ; Jo^ia^
and Joachim being but 0 years of nge, and
Joas being but 8 years old : all which things I
say I had colle<:ted in note<, connimnicating the
same with my said two chaplains, and praying
them to put me in remembrance, if in number-
ing of ti.em, or in setting forth my other notes
at the time oi my sermon, I did fad, or have
deiauit of memory in anywi*e. And all these
things I would have specially set forth in my
said sermon if tlu-v had come tn mv memorY,
as indeed they did nor, partly for disturbance
of my mem«>ry not accustomed to preach in
that phice, paitly alst* by reason of a certain
writing that was sent me fnmi the king*^ nm-
jesl\'.s privy ronncil, being of irood length, lo
declare unto the people touching the victory
again^r the ribcis, specially in Norfi»lk, Dt^im-
shiro, and C'ornw.dl, coniounding my memory
in fiiiiiis A hnrh before I had set m nood ordtr,
and parity aUo for the fallinti; away of my book
in the iviv of my fraid sermon, in whiclj were
coi»t;jint'd diver-^ of my said notes touching the
kiiu*5* "»i\!^^^^'j> >^^i"<>rily, as is aforesaid, ha\-
iiig yet ntverllirless otherwipc, in gtncra'iiy
and spt.ri.iiity, p( iMiaded liie piojiic to f>be(ii-
ence, unto tin- kin^*> said maje.'^ty, \vh()>»p mino-
ritv to ihcin and all otiier is no orioti>Iv and
manilb*«tly known, ai.d his majesty, saving
of ihev.' late rowels, failhtuUv, trnlv, and rne-
renlly obty- d ot' all l.n* re^t of hi> •subjects. —
To the ^i\lh, I do answer and say, il»at not !
knouini: c(Ttainly nf wliiclj Idl.els the artirle
mcaiieih, ne yet what ttxiro) inion i> indeed, 1
ought not t(» 1 e uiiven to make an answer lierc-
unir, ne yet can make good ami perl'eci an>wt*r
therein though I would. — To the •«evenlh, I do
answer and sav, that alleir I have bv llie
space of these five weeks la^t past and more,
be€*n in niaimrr coiiti'inaliv in l>i:sMir*>s and
trouble, as well in pr vidinj; I -r m\ said ^^er-
mon, as otherwise, speiiallv \»y n*a-on of inv
family, iri;eh \exed wi;h >ickne^>, to my great
di?r];iictn'. ss and charge, and aUo l>y reason
that T have itc-en so mnrh troubled and cinn-
bcred by i;'.f.)nna'ions and cnmolaints uniu>tlv
and uneh'.irit* l-!y made against me, over and
beside'^ the* having of f livers and sundry per-
sons, wliieh d::ily lesnrt pnd come unto mi» for
their sniis and ha>iiie»«s, both in matter> of jus-
tice :»iid othcrw i>e,^'et I have not omitted to
send forih to mv iflcl -deacons and othiT nty
otiicers, to enciuire and search diligently in this
belnlf, and to certify me aixordingly, and yet
I cunnot l.^ar certainlv of any that have heard,
been at, or celebrated mussea or e%'en aoiig in
the Latin tongue, after the old rite and manner,
except it be in the house of my lady Mary's
grace, or in the houses of the ambassadors, ne
yet there nor in any of them, but by flying and
not assured report, and without knowing the
names and persons that so have heard, been at,
or celebrate the same, and in this behalf how
far I can and ought to proceed and after what
sort, I do refer me unto the statute late made
in that behalf. — ^To the eighth, I do answer and
say, that this Article doth depend of the next ar-
ticle going before, and so consequently answer
is alread) thereunto made. — To the ninth, 1 do
answer and say, that touching snch as either
have been denounced or detected for such cri-
minous and culpable persons to me or my
odicers, there hath been process already made
before my said officers, as it appeareth in my
register, and the :icts of my court : and more-
over, I have given express commandment to
my said oliicers, to enquire and search for more
such offenders, and to certify me thereof, thai
I niay proceed against them accordingly. — To
the tenth, I do answer and say. That as tuuch-
ing the time mentioned in the Article, and the
declaration to be made by doctor Cox, I do
not well reniembor either the same lime, or yet
the special points and substance of the Siiid
doctor Cox's declaration : truth it is, I was at a
sermon made at Paul's cross by the said d<K'lor
(.'on, wherein he inveighed against my lord ot'
Winchester, and as far as I can now call to ray
remem'rance, it was touching disobii] eiice,
wlierewith mv lord of NVinche-»ter by the ^aid
doctor Cox seemed to be charged, and for a
sermon also that my lord of N\ inchest it wJit
seeming t;) have made before the kiiigV inijestr
in the (ourt of Westminster. — Va the elevtutU
.Anil le hi ing by ir««elf dt?livered unto nic the
1 1th of this present Sept. ir)lO, in the night al
mv house ofi^omhui beginning thus. Item, that
the rites, &c. ami ending thus, The inisuKS
tlKieot'; I do answer and say, that I have al-
ready g veil ommandinent to my ofiicers to
make ililigenr search aiul en<piiry herein, :ind
to certify accordinjilv, to iiie intent 1 miv pro-
ceed therein as appertaiiuth, and would lietorf
liiis time myself have also inquired and pro-
ceeded, had F not so been t»f all siile» oppresrfd
and pestered with multitude of other nece'>.iiy
business, as 1 have been, to my great di^quiet-
ne^-s aud iroidle."
When he had ended the reading of thev An-
swers, the comn.i>si'Hiers said unt<j him that be
had in the same verv ol scnrely an«»wered unw
the fifth article ministered the i:>th of Sept.
wherefore they willed him there e\prfc>siy to
answer by mouth, whether he had, accLnliuK
to the injunrtioiis ch livered unto him. fi<vlare<i
the Article beginning thus, You shall nl**? set
forth in your sermon that our authority, ftc.
Whereimio Ik- again answered. That he M
already made as full and sulhcient an ansvcr
in writing, as he was bound to make by law.—
The Judges then replied, that the aniwen al-
ready made in that part were obscure and i»-
sufficient, so that it appeared not ctrtainlf
681] STATE TRIALS, 0 £ow. VI. 1550.-T/br ofpomg the Btformaiim. [(f8^
whether be had preached indeed according to
ttie same injunction or not ; and therefore they
eftsoons wilied him, as before, directly to an-
swer whether he had so accordingly preached
or no, the his^hop still yet answering as befhre. —
The Judges again demanded ot* him, whether
he would othenvise answer or no. To the
which he said, no, unless the law did compel
him. Then they asked him whether he thought
the law did compel him to answer more fully
or no? He answered, no; adding iiirther that
he was not bound to answer to such positions.
'The commissioners, then seeing his froward
contumacy, told him plainly, that if he persist-
ed thus in his frowardness, and would not other-
wise answer, they would .iccording to law take
him pro confesso^ and ex abundanti receive wit-
ness against him, and there withal did recite
again to him six of the first and principal Arti-
cles, demanding his final answer thereunto.
Who said, as before, that he hud already folly
answered them by writing ; but where they re-
quested to have his notes, which he said he had
made of hii) sermtm. they should have them it
thej would »eud fbr them. And whereas in his
answer to the sixth article he doubted what
the opinion of the rebels was, the Judges de-
clared unto him that their opinion was, * That
the kins's majesty, before his grace came to the
age of 21 years, had not so full tutthoiity to make
laws and statutes, as when he came to further
years; and that his subjects were not bound
to obey the laws and statutes made in his young
age.' Whercunto the bishop answered, that
he was not of- the opinitm of the rebels men-
tioned in that article, as did well anfear by
his answers as well utito the denunriation, as
also unto ]the fifth article objected against him.
Which ended, they, perceiving his scornful
carelessness, presently did admit for witness,
upon the articles objected against him, master
John Clieke, Henry Markham, John Joseph,
John Dowglius, and Richard Chambers, whom
alw they oneratcd with a corporal oath upon
the holv evanjielists, truly to answer, and de-
pose upon the same articles in the presence of
the bishop, **ho under bi* former piotestation,
like a nily lawyer, protested of the nnUity of
the receiving, adunttmsr, and swearing of those
witnesses, with protestation also to object
against the persons and siyings of the witnesses
h time and place convcnieur ; demanding also
a competent and lawful time to minister inter-
rogatories against them, with a copy of all the
acts to that day. Wherewith the delegates
were well pleased, and assit»ned him to niinis-
ter his interrogatories against n:nster Cheke on
that present day, and against the rest the next
day before noon.
All which Interroiiatories who so listeth to
peruse, may hereunder read the same as fol-
lo^feth :
Certain Intcrrogatcries exhibited hif "Bonner to
he nfinistered against the foresaid Witnesses,
upon the Articles uhave mentioned the IQth of
September.
" r Edmund bishop of London, under my
protestations heretofore made before you, do
minister these interrogatories insuing, against
all and singular the pretended witnesses already
received and sworn, as hereafter to be received
and sworn against me the said bishop ih this
matter, reqmring and desiring under the said
protestation, that all~and singular the said pre-
tended witnesses may be examined in virtue of
their oath upon the said interrogatories, and
every part and parcel of them. 1. That all
and singula/ the said witnesses in virtue of
their oath be examined generally and specially
of all and singular interrogatories, commonly
used and accustomed to be made in such mat-
ters, especially touching their age, their condi-
tion, their dwelling place, now and heretofore,
by the space of these twelve years last past,
with whom all this time they have also dwelled,
and been tamiliar or conversant, with the
names and the places and persons and other
circumstances expedient in this behalf, and by
whom they have been found and maintained,
and for what purpose. Et interrogentur con- .
junctim, divisim, Sf de quolibct. 2. Item, Touch-
ing the pretended articles made in this behalf,
and injunctions mentioned in the same, that
they and every of them, in virtue of the said
oath, may be examined whether they know
their said articles and injunctions to be true in
all parts, how they know them to be true, by
whom, when, and in what place deposing the
formal words of the said pretended articles and
injunctions in especial as they are deduced.
The first article. And therein let them depose
how he or they know the said articles and in-
junctions to be received from the king's ma-
jesty, how also he or they knew that I the said
bishop received the said injunctions at the
hands of the Lord Protector's grace. How also
they were sitting in the council chamber;
Moreover which were the rest of the council
then sitting, specifying their n.imes and sir-
names, or titles. Also whether the lOth of
August this present year, or the last year,
moreover whether the articles or injunctions
were joined together, or apart, whether the
tcnour thereof and the form and manner of
the doing and following, touching me the said
bishop and also touching the preaching there-
unto, was as is deduced in the first article, de-
claring moreover, when, where, and how, I the
said bishop accepted the said injunctions, or
promised to obser\'c and follow the same, and
by what express words, 4r intcrrog. ut supra, —
3. Item, whether the said witnesses or any of
them were present at my last sermon made at
Paul's Cross, where they then stood, by whom,
when they came to it, and at what part of the
said sermon, how long they tarried thereat, at
what part thereof or in all they were offended,
what were the formal words, or at the least wise
in substance, that said I the bishop then uttered
or wherewith they were offended, and by what
occasion, and who with him or them did hear
it, and in what place their contests did stand,
how long they tarried, and at what part they
came thither or departed xVvetvce, ^ *vateTTo^»u\
(J83] STATE TRIALS, 3 Edw. VI. I550.—Pioceedings agamu Bishop Bonner, [684
supra— 4. Item, whether the said witness or
any of them were desired or required bv any
person or persoos, to be witness in this matter,
and by whom, when, where and how the same
wtis dune, and in whose presence, ^' interrog.
tit supra. — 5. Item, whether they or any of
them hud consulted with other to come unto
my sermon, for what purpose, by whom they
were induced and moved, and how they a^ced,
and what they did after my said sermon for the
impugnation or depraving tlicrcof, 4' interrog,
ut supra, — 6. Item, whether they or any of
them have been or be conversant or famili<ir
with any that hath been knuwn, noted, or re-
puted for a sacramentary, in denying the verity
of Chribt's true and corporal presence in the
sacrament of the altar, and whether he and
thev detest and abhor and abstain from the
company of all such persons as be known,
noted, or suspected for sacramentaries in that
belialf, and what opinion he and tJiey have with
their contests touching the said presence, 4* ">-
terrog. ut supra, — 7. Item, whether they or
any of them have wished me the said bishop to
be deprived or put in prison, and wiiether they
or any of them have reported and said that I
shall be deprived or imprisoned, rejoicing there-
of, and for wliat cause they have so wished or
reported, or any of their contests, 4' interrog.
ut supra. — 8. Item, whether they or any of
them have been in times past a frier, preacher,
Minorite, Augustine, or Carmelite, monk, ca-
non-observant, or religious peison, professing
solemnly poverty, cluistity, and obedience^
according to the laws, customs, or ordi-
nances of this realm, then used and obsencd,
4" interrog. ut supra. — 9. Item, whether tliey
or any of them, being so professed ; have
been or be sincj that time niariied to any
person having, likewise or otherwise, been pro-
fessed or loose, or been a widow, and Ijow
oft they have been married, and whether any of
their wives be yet alive, 4" iuttrrog. ut supra.
10. item, whether they or any of thetn have
read the commission in this matter, and whether
they or any of them do know or think, that the
commission, injunctions, articles, and denuncia-
tion do agree together or no, and wherein they
think or know discrepances, or diversities to be
between them in this behalf, 4' interrog. ut su-
pra.— 11. Item, if they, or any of them do de-
pose, that I have not sincerely and wholly de-
clared as is contained in the second article, let
him and every of tltcm be examined, in virtue
of their oath, how they do know it, and by what
means, declaring whom they think to have
knowledge therein with them, Sf interrog. ut
supra. — 12. Item, if they or any of them do de-
pose that I have transgressed and offended in
the fourth article beginning thus, Item, that ye
have not dechire<l, i\c. Let them and every of
them be examined, in virtue of their oath, whe-
Uier they know that these words following, as
mnttins, masses, now said after that sort in this
realm, were and he put in tlie injunction pre-
tended to be ministered unto me the said bi-
fhop or 00| 4r interrog, ut nrpra.— 13. Itenii if
they or any of them do depose that I have
transgressed and offended touching the fifUi ar-
ticle, let them and every of them be examined,
in virtue of their oath, whether the injunctions
pretended in this behalf were signed with the
king's usual signet, or rather at all, whether it
was sealed with any seal, whether it was sub-
scribed by the lord protector's grace, or any of
the privy council, whether it was in full coun-
cil sitting delivered unto me by tlie lord protec-
tor, whether it was dchvered to me, the rest of
the king's majesty's privy council there then
sitting, whether the said days as is contained in
the 6flh article, by whom it was written, when,
and where, 4' interrog. ut supra.^~l^. Item, if
they or any of them do depose that 'J do defend
the opinion of the rebels, let them be examined,
and every of them, what rebels they be, w hat
is their opinion, and how the law of this realm
doth determine tlierein, declaring by what words
and facts 1 the said bishop dicf speak and do,
and at what time and place, and in whose pre-
sence such words or acts were spoken or done,
4" interrog. ut supra. — 13. Item, if they or any
of them do depose that L know or have heard
siiy credibly that, since the time of the said pre-
tended injunctions, certain persons within my
diocese have heard, been at, or celebrate mass
or even-song in tlie LiUin tongue, and afler the
old rite and manner, other tlian according to the
king*A majesty's book, let them and every of
them ue exannned, in virtue of his said oath, bow
they know that I so know or have heiird say, and
of the name or names of the party or parties,
and of the time and place when, and w lie re it
was, and whether any denunciation or detection
were, according to the statutes and ordinances
of this realm, made unto me or no, Sf interrog,
ut supra. — 16. Item, if they or any of them do
say, that I know or have heard say of such no-
table adulterers and oll'ences mentioned in tlie
9th article, let them and every of them be exa-
mined, in virtue of his and their oath, what they
do know that I do know, or have heard say,
and who be the persons, where they dwell, who
hath denounced or detected them, and how I
could and ought to have cited them and punish-
ed them in tliis behalf, 4* interrog. ut supra.—*
17. Item, whether they or any of them do say
tha 1 1 know certainly now, what Dr. Cox de-
clared in his sermon at Paul's cross, as is de-
duced in the 10th article, let them be enquired
and every of them, in virtue of thrir oath, how
they cam prove it, by whom, and after what sort,
4" interrog. ut supra. — 18. Item, if they or any
of them do sny, That I do know or hear cer-
tainly of the diversity of the rites of the common
senice of the church, now set forth, and of tite
ministers and parsons tnins^rc^sing tlierein, let
them and every of tlicm in virtue of their oath,
be examined i^hetlicr there hath been any de-
tection or denunciation made to me thereupon,
and how they know or can prove tliat I have
been culpable and negligent herein, Sf interrog.
ut supra. — 19. Item, whether tliey or any of
them Imve been spoken unto or solicited herein
to testify, and after what surt| by wbom, wbcii,
«85] STATE TRIALS, 3 Edw. VI. 1550.-/or opposing the Reformation. [686
mnd where, and what was their conference and (hat upon the snid commission divers doubts
communication therein, 4r Jn/^''t>5. «' 'wpra. — and ambiguities have and may arise. — As
SO. Item, that they and every of them declare t whether you by the tenor of the said commis-
.' -» • sion may proceed not only at the denunciation,
but also of mere office. And also whether yo
may as well determine as hear the said cause.
For further declaration whereof we do now in-
terpret and declare, that our full mind and
pleasure, by the advice aforesaid, was by our
commission, and now is, that you should pro-
ceed as well by mere office, as also by the way
of denunciation, and cither of them, or by any
other ways or means at your discretions, where-
by the truth and merits of the cause may h%
most speedily and best known, and that ye
might and may as well finally determine as
hear the said matters ; in all y6ur orders and
doings, cutting away all vain and superfluous
delays, and having respect to the only truth of
the matter. And this our declaration we send
unto you of our sure knowledge and mere mo«
tion, by the advice aforesaid, supplying all de-
fault, ceremony, and point of tne law, which
hath, shall, or may arise of your doings by
reason of any default of words in our said for-
mer commisbion or any part thereof, any law,
statute, or act to the contrary notwithstanding.
And therefore we will and command you to
proceed in the said matters accordingly, as
well to our foresaid commission as this our de-
claration, and to fail ye not. In witness
whereof we have made these our letters pa-
tents. At Hampton Court the ITtli day of
September."
and shew the true and sufficient cause of their
testimony, in all and singular the premises."
After this the Judder delegate assigned the
Bishop to appear again before them upon Wed-
nesday then next ensuing, between the hours of
8e\'en and eight of the clock before noon, in
the hall of the archbishop's manor of Lambeth,
there to shew tiic cause why he should not be
declared, pro conftsso, upon all the articles
irhereunto he had not then fully answered, and
to see further process done in the matter ; and
10 (l)e still protesting of the nullity and invali-
dity of allT their proceedings) they did for that
present depart. — In this meanwhile the com-
mibsioncrs certified the king's majesty and his
council, of the bishop's demeanour towards
them, and what objections he had made against
their proceedings, making doubts and ambigui-
ties whether, by the tenor of liis majesty's com-
mission, the commissioners might proceed not
only ac the denunciation, but also at their mere
office; and also whether they might as well de-
termine or hear the cause. Whereupon his ma-
jesty by advice aforesaid, for the better under-
standing thereof, did the 17th of September
tend unto the commissioners a full and perfect
Declaration and Interpretation of his will and
pleasure in the foresaid conmiission, giving
them liereby full authority to proceed at their
own diacrctions,'as appearetb more at large by
the tenor thereof ensumg :
A certain Declaration w Interpretation of the
Kinf[j touching certain points and doubts in
his former Commission^ with licence given to
the Commissioners as well to determine as to
hear, in the case <tf' Bonner,
** £i>WARD 0, by the grace of God, king of
Eneland, France, and Ireland, defender of the
fiitn, and of tlie church of* England, and also
of Ireland, in earth the sunreme head ; to the
most reverend father in God, Thomas abp. of
Canterbury, metropolitan and primate of feng-
Und, the right rev. father in God Nicolas bp.
of Rochester our trusty and right well-beloved
counsellors, sir Wm. Peter and Mr Tho. Smith
knights, our two principal secretaries, and
Wm. May doctor of law civil and dean of
Paul's, greeting. Where we of late, by the
advice of our most entirely 'beloved uncle Ed-
ward duke of Somerset, governor of our per-
son, and protector of our realms, dominions,
and subjects and the rest of our privy council,
itave addressed unto you, five, four or three of
you, our letter's patents of commi&sion bearing
dite iiC Westminster the 8th of Sept. in the
5rd year of our reign, willing you by force
thereof to hear the mutters and cause of con-
tempt tlierein expressed, and calling before you
a!i well the denouncers thereof, as al«»o the right '
rev. fattier in God Edmund bp. of London,
■zaiiist wham such Denunci:ition is made, as
in WW said Letters of Commission more at large
do(fa appesTi we be now credibly iaformed,
The Jourth Session against Bonner, Bishop qf
London^ before the King^s Coj/tmissioncrs, tn
the great hall at Lambeth, the Qlh of Sept.
After this Declaration Ijeing sent down
and received from the king, the bp. of London,
(according to the commissioners assignment
the Monday before) appeared again before them
upon Wednesday the 8th of Sept. in the great
hall at Lambeth. Where under his wonted
protestation, first he declared, that although
oe had already sufficiently answered all thinf^s,
}ret further to satisfy the tenn assigned unto
ihn, to shew cause why he ought not to be de»
dared, pro eonjesso, upon the articles thereto-
fore niini:»tered against him, and to the which
he had not fully answered^ he had then a mat*
ter in writing to exhibit unto them, why he
ought not so to be declared, which he roail
there openly. Wherein first under his accus-
tomed unreverent tcnns of pretended, unjust,
and unlawful process and assignation, he snid
he was not bound by the law (for good and
reasonable causes) to obey the same, especially
their assignation. — And first, for that the same
was orly pronounced by sir Tho. Smith, one
of the pretended commissioners, without the
consent of his pretendwi colleagues ; or at the
least he ns a coniinissiun«r did prescribe the
actuary what to write, which he ought nut to
have done, because by law he ought not to have
intermeddled therein, for that *»•* «'»"'*ni£i:es
did the first day begin to yit w uk|
6S7] STATE TRIAI^, 3 Edw. VI. 1550.— Proceedings againsi Buhcp Bomier, [66S
him the bishop, without the presence of the
sakl sir Tho. Smith. — And becondly, because
bis Answers, as well unto the pretended de-
nunciation, as also to all the articles thereto-
fore objected against him, were as full and
tutiicienl, as the law required (or at leastwise
there was nothing good in law apparent to the
contrary) and therefore he was not enforced by
law further to answer thereunto without fur-
ther allegation. — And because also that all
their proceedings thereto were so extraordina-
rily d/)ne, that they had confounded tdl man-
ner of lawful process, sometimes proceed-
ing ad dcnuncianduTHy sometimes ex officio merOy
and sometimes ev officio mixta, contrary unto
the king*s ecclesiastical laws, and contrary also
unto their commission in that behalf. — And
likewise because divers of the articles pretended
were superfluous and im^iertinent, not reveal-
ing though they were p]*uved, containing in
them untruth and falsity, some obscure and
uncertain, some depending upon otlier articles
either denied or at the It'iu^t qualified, some
captious and deceitful to bring the answerer
into a snare, and some aUo beuig articles
of the law, in such sort as by the ecclesias-
tical Uiws of this realm the king*s subjects
were not bound to make answer thereunto. —
And lastly, because that sir Tho. Smith, se-
cretary to the king*s majesty, when tluit the
bishop was last with the council in the council
chamber at White Hall, after the departure of
the lord protector and the rest of the council,
did himself aloue (without any other) write
certain articles, or injunctions (amongst the
which was that of the king's authority in his
minority) and afterward did copy the same at
the table within the said council chamber, and
»o himself did deliver them unto him. By
reason whereof lltat is not true, which in the
commission, denunciation and articles was de-
duced and objected against him.
When these fond and frivolous objections
were thus read, the archbishop seeing liis inor-
dinate and intolerable contempt towards them,
charged him very sliarpiy, saying. My lord of
London, if I had sitten here only as archbishop
of Canterbury, it liad been your part to have
used yourself more lowly, obediently and rever-
ently towards me tluui you have ; but seeing
that I «ith my colleagues sit hiTC now as, de-
legates from the king's majesty, I must tell you
plain, you have behaved your!»elf too much in-
ordinately. For at every time that we have
titten in commi^bion, you have uscnl such un-
teemly fasliions, w ithout all reverence and obe-
dience, giving taunts and checks as well unto
us, with (livers of the servants and chaphiins, as
also unto certain of the ancientest that be here,
caliiiiL; them fools and daws, with such like,
as tliat you hav(> gi\eu to the multitude an in-
tolerable example of disobedience. And I in-
aurc you my lord, there is you and one other
bishop wTiom I could name, that have used
yourselves 80 contemptuously and disobediently,
a« tbe like I tlunk hath not before been heard
•for tacn » wbmby ye bavedone mucb b&nn.
At which words the gross bishop (a bea%t a
man might justly tenn him) said scornfully to
the «archbishop,You sliew yourself to be a meet
judge.
The archbishop then proceeding laid to his
charge how indiscretely the last day in the
chapel he had called ;dl the people woodcocks.
-—VVhereunto he answered, that the last ses-
sion Wm. Latimer, one of the denouncers,
being there present, had practised with the
audience that when he lifted up his hand to
them, they should (and did as it were by a to-
ken given them) say as he said, and do as lie
did; as one time upon the lifting up of his
hand, they cried, nay, nay; and at another
time, yea, yea, and laughed tlicy could not
tell whereat, with such like fashions.
Unto which words Latimer, seeing his vain
suspicion, replied saying, that he lifted not up
liis hand at any time but only to cause them to
hold their peace. — ^Then secretary -Smith said
to the bishop, that in all his w ritings and an-
swers that be had hitherto laid in, he would
not once acknowledge them as the king's com-
missioners, but used always protestations with
divers inkhorne and naughty terms, calling
them pretended commissioners, pretended de-
legates, pretended commission, pretended arti-
cles, pretended proceedings, so that all things
were ' pretendea' with him. Indeed (said he)
such terms the proctors of churches use, to de-
lay matters for their clients, when they will
not have the truth known : but you my lord to
use us the king's majesty's comiuissioners with
such terms, you do therein very lewdly and
naughtily. And I pray you what other thing
did the rebels .? — For when letters or pardons
were brought them from the king and his
council, they would not credit them, hut said
they were none of the king's or his council's,
but gentlemen's doings, and made under a
bush, with such like terms. But now my lord,
because hitherto we cannot make you confess
whether, in your Sermon tliat you preuchtd, ye
omitted the article touching the kiugfii maje^
ty's authority in his tender age or not, but »till
have said that ye will not otherwise answer
than ye have done, and that ye have already
sutliciently answered (with mtmy such delays)
so as we can by no means induce you to con-
fess plainly what yuu did, yea or nay ; there-
fore I say, to the intent we may come to tlie
truth, we luive dilated the matter more at lai-ge,
and have drawn out other articles wlien-uuco
you shall be sworn, and then 1 trust you will
dally with us no more as you have done. P*or
although ye make your answers in writing, yet
you shall be examined by us and make your
aui>wers by mouth to the same articles, or el«e
yon shall do worse. Indeed I do not, (as I
said) discommend your protestations and terms
of law, if it were in a young proctor that wouki
lielp his clieiit*s cause ; but in you it may not
be suffered so to use the king's comuiissioncrs.
Tlien did the delegates minister unto him
certain new articles and injunctions, and did
there ooerate him with a corporal oath in £mbi
dHd] STATE TRLUJS, 3 Edw. VI. I550.^for qpposir^ the Rcfonnation. [690
wf law to make a full and true answer there-
uaro. The bishtip iiutwittistandiug si ill (ac-
cording t<» Iiis wonted manner) under liis lor-
mer protester ion protected of the nullity and
invalidity of these articles, injunctions, and
pruccbs, desiring also a copy thereof, with a
cfimpetent time to answer thereunto. To
whom the judges decTecd a copy, commanding
him to come to his .examination to the arcli-
bisnop the next da^ at 8 oVlock befoie noon.
—Then the commissioners did receive for wit-
ness, upon these new articles now ministered
unto the bishop, sir John Mason, sir Thomas
QMleiior, knt*t. master Wm.. Cicil, Armigel
Wade, and Wm. Hunnings clerks to tiic king's
majesty's council, whom tiiey onerated with a
corporal oath in the presence of the bishop,
who still protesting ot the nullity of their re-
ceiving and swearing, olijccted against them
and their sayings; and therewith, repeating his
mterrc^tories already ministered, said he had
more lo minister hy to-morrow nt 8 o'clock. —
Tlie same day and time likewibc the bishop
exhibited unto the contmissionors an^ informa-
tion, or rather ca> illation against Wm. Lati-
mer, for that he, notwithstanding that he had
in all liis talk pretended tlic great tranquillity
of this realm, which was greatly impeached
and hindered when that any of the king's sub-
jects should think that his majesty hnth not as
full power and authority royal in lii» minority,
as when his majesty came to perfect age, or
should think that his subjects were not bound
to obey tlie same, yet hath of late there in open
audience reported, that he hath heard with his
ears divers persons unrevi-rently speak of the
king's majesty, SHying, Tush, the king is but a
babe or child, what laws can he make? or
what can he do in his minority ? Let liim have
a toudt and butter, or bread and milk, and that
is mure mt-eter for him tlian to nmke laws and
itatutes, or to bind us to obey them ; we are
not bfiund to obey till he be past his minority,
and come to his lull and perfect age : with the
bearing of which word^ the bishop also charged
the commissioners, and that because Latuner,
•t the recital of the same in their presence,
was neither by them controlled, nor yrt caused
to bnng forth the s:unr persons, but was let
pts« in silence, saving that he the said bishop
ilid speak against luin in that beh.tlf, sayinjr.
That tie woidd detect him, because that, as it
appeared, he had of Irmg time conccided the
words and not opened the same in such place
and to such peisons as he out^ht to have done,
but had kept the persons and snyin^s of them
lecret, eitlier not taking the matter to be of
luch importance at he |>rcteoded, or else there-
by unfiiithiully behaving himself towards his
prince, and therefore was worthy wiih his
aiders, favourers, and counsellors to be pu-
nJtbe<J.
Theae rain ca%*illatinns ended, the commis-
iionera for that day finished their session, assign-
ing the bishop to appear in that same place
•gain upon Monday then next following, he-
Iweeo the hours of fix and nine, in the fore-
VOL. I.
noon, then and there to shew a final canS'j
v\hy he should not be declared pro conJtsMO,
And so delivering him a copy of the Articles,
they departed; the contents whereof ensue:
Articles and Positions given bi/ the King*s Ccfff"
missioncrs to the Bishop of Jjondoti, to bt an*
swered by him jointly mid sercrutly in every
point the second time.
" 1. That ye. were sent for to the lord pro-
tector's grace, and the rest of the council, and
came thither into tlie court at Westminster the
tenth of August, or some other day of the same,
month. 2. That at the same time the loni
protector and divers other of the king's majesty *s
privy council sitting in council, ye were called
in, and there the said lord protector did on the
king's majesty's behalf declare unto you divers
faults and abuses the wiiich were found in you,
and gave you straight charge to amend then),
adding threatening that else you should be
otherwise looked unto. 3. That the saii! lord
protector's grace did drclare unto you, for
better admonition and aiucndmeni of yon, that
you should have from the king'» mjycsty, by
his advice and the rest of the privy council,
certain articles and injunctions, to observe and
follow, given you in writing. 4. That there
and then the said h)rd protector (N)innmnded
sir Thomas Smith kiiighi, secretary ti the king's
muj.'sty, to read a certani proper bonk of in-
junctions and articles unto you, tlie said sens-
tary standing at the council .table's end, and
you standing by and hearing the same. 6.
That the said lord protector there and thcu
willed certain things in the said book of in'iunc-
tions to be reformed, as where ye were ap-
pointed to preach sooner, at your reqllL'^t it
MUb appointed unto you to preuch the .Sunday
three weeks after the date of the said writing,
6. That in the said articles the lord protector's
grace found fault, because an article or com-
mandment unto you set forth and declared of
the king's majesty's authority now in his young
age and of his laws and statutes in the sinuo
time, was omitted, and there fort- either mnne-
diately before you came into the conned cham*
bcr, or yon l>cing present and standhig by,
commanded the said se^cretary bniith to pur in
writing and annex it to the rc^t of the articles.
7. That the said secretary Smith, then and
there did, immediately upon commandment,
write into the said book or paper, wherein the
rest of the articles were written, the said iirticle ;
videlicet, You shall also set forth in your ser-
mon, that the authority of our royal power is
(as the truth it [•») of no less autliority and
force in this our young age, then w;is of any of
our predecessors, though the same were much
elder, as may appear by example of Josias and
other young kings in the scriuiuie*^ and there-
fore all our subjects to l>e no less bound to the
obedience of our precepts, laws, and statutes,
than if we were of thirty or forty years of cge.
8. That the lord protector did so deliver you
tlie book or paper, willing first the said secre-
tary Smith to amend all things as he had ap-
2 Y
f^)\] 5;T/vTE TRIALS, 3 Edw. VT. \ byx—Proceidings against Hiskcp Bmnn, [(H>«
fioi: 'od. 0. TJ»;!t \^ ilic" and there Hid pro- ing that, for the causes afore nlledgcd, tlieir
HUM- 1<> ihc lord iirMitctor^.s gr.ure, t hut veuould master could nor appear at that time neither.
oi.'^crvc and hillil all in the s»:tid injunctions \ Whereupon master secretary bcuitii said unto
and articit^s cont'iined. 10. That all tilings in \ them, JNJy lord of London your Piaster hath
the said Intok, put in and mentioned hy the i ubod us very hoinely, and souglit dehiys hither-
biiid serremrv Smith, and the same so rciui to \ to, and now perhaps, perceiving thetie last arti-
you by him, and you first agreciiig that all that cles to touch the quick^ and therefore loth tu
wfis by him so wiiiten was by the lord protoc- ' * '
tor's apponttment, the said book was so deliver-
ed unto yot! then and there by the said secre-
tary Smith in the council chanibc-r. 11. That
you have the said b<H>k in your possession, or
else know where it is, the true ropy whereof in
etfect is annexed to these articles. VZ, That
ye were commanded in the same >inj unctions to
preach the Sunday three weeks after the delivery
thereof at rani's, and there to intreat upon
certain artii-les, as is specified in the said book
of injunctions, and especially in the said article
beginning, W- shall also set forth, and ending,
thirty or forty years of age. 13. That for the
accomplishment of part ot' the said injunctions
and commnndnient, you did preach the fir^t
day of September last past at Paul's Cross. 14.
That at the saiil sermon, contrary to your in-
junctions, ye omitted and left out the said arti-
cle bt^nning, Ye shall also set forth in y«>ur
sermon, \c. and ending, thirty or forty yt:u's of
age. 15. Ye bhall aNo answer whether ye
think and be'ieve that the king's majesty 'b sub-
ject}* be bound to obey as well the li»ws, statutes,
prr^clamaiious, and other ordinances uiade now
ni this young age of the king's majesty, as the
hiws, statutes, proclamations, and oi'dinanccs
made hy Lib higlmess's proi^eniioib."
These Articles being thus ministered to the
•aid bishop of London, the next day being
Thursday and the 19th of Sept. the forenamed
Ctmimissioners sat in the archbiblH)p's chamber
of prei^eiicc at Ijunheth, attending the coming
of the bishop of Lfmdon. Beiore uhum there
appeared Robert Johnson the bishop's register,
and there rlid declare unto the commissioners
that the b:<:hop his master could not at that
time personally appear before them without
great danger of his bodily health, becnute that
be fearifil to fall into a tevcr by rcas<in of a cold
that he had taken by too njuch overwatching
himself the last night hetbro, whereity he was
compelled to keep his hiil: nevcriheles«, if he
could without danger of his bodily health he
would appear before them the s.imedayatailer-
noon. 1 his excuse the juilges were content to
take in good part. Yet said master secretary
Smith, That it he were sick indeed, the excuse
was re.H»)nable and to be allowed, but (rjuoth
he) I promise yon, my h)rd hath so dallied
with U-, and u-^ed hitherto such delays, that we
may iiiisirust that this is hut a feignc*d excuse :
howli( .1 upon your taithful declaration wc are
to
come to his answer, he feigneth himself sick.
But because he shall not so deceive us any
more, we will send the knight marshal unto
him, willing him if he be sick indeed to let him
alone, for that is a reasonable excuse ; but if
he be not sick, then to bring him fortliwith to
us ; for 1 promise you he shall not use us as ha
hath done, we will not take it at his hands :
and therefore master Johnson, said he, you do
the part of a trusty servant as becomelh you,
but It is also your part to shew my lord hit
stubborn heart and disobedience, which doth
him more harm than he is aware of. What,
thinketh he to sitund with a king in his own
realm : Is this the part of a subject ? Nay, I
ween we shall have u new Thunas Becket.
Let him take heed, for if he play these parti
he may fortune to be made shorter by the liead.
He may appeal if he think good; but whe-
ther P T.> the bishop of Home? So he ma^f
help himself forwards. I say he cannot appeal
but to tiie same ki-ig who hath made us hit
.iudges, and to the bench of his council, and
how they will ta!:e th.is matter when they hear
of it, L doubt not. He would make men be*
Hove that he wcro calleil before us tor preach*
iag his opinion oi the sacrament, wherein I as*
sure you he did bo;h falsely and naughtily,
yea and lewflly, and more than l>ecanic hioi^
and more than he had in commandment to do,
lor Ik? was nor willed to sj.eak of that matter,
and perhaps he may hear more of that here-
alter; but >et we will lay no such thing to hif
charge, aud therefore we will nut have him to
delay us as be doth. Which ended, the dele-
gates notwithstanding; decreed to tarry again
for him until two of the clock at at\ernuon
the next day, being Friday, and the 20th of
September.
Thcfj'th Action or Process the 20//i of Septem'
bcr, a^ainsf Bonner Bishop of London, be*
Jorc the Kinii's CommisHonei s.
At which day and time the bisltop appeared
himself perstmally before them in the mmt
cliamber of presence ; where first he did exhi-
bit his Answers unto tlie last articles ministered
unto him the 18th of September, the contents
whereof hereunder follow.
The Answer of (he said Bishop of London madt
unto the Articles ministertU unto hi/n the
second time.
*' The Answers of me Edmund bishop of
contrnt to tarry until one of the chick at after- London, undermine accustomed protestation
auon, and so they ditl, willing Mr. Johnson to given unto the articles of late ministered and
siiinity then unto them whether the bishopcould exhibited against me here in this court, with
appear or ivn, ^ pc< iai protestation also, that I do not intend
At whith hour R^l-ert Johnson and Richard 1 in any wise to make answer to any of the said
Rogcnt gentlcmcu of the bishop's chamber ap- | articles, otherwise than the law of this reahn
pcarcd again leluit I lie GODiiiii»sionert^ dedar- ! doth bind me to dt^ nor to speak or taj cod*
«93] STATE TRIALS, 5 Ed.v. VI. 1550.— for opposing the Rrformntim. [69*
trary to any thing that in mv ft>riiier answers I
have said or done ; and that if' it so chance me
to do, it is not nor shall not he with my good
f\ ill or full consent, and tliut ao sooh as I shall
perceive it, I intend to revoke it, aud so now
as then, and then us now, do so in that case re-
voke, to I )l honest and lawful purposes.— -To
the first .: ::le I do answer and say, that there
was a messenger, whose name I know not, tliai
came unto me to Fulham, as I now rcniemher,
but I do not remember the day thereof, and he
said tliat my lord protector's prace required
me to come by and by to speak with him. And
thereupon, having made t!»e sii.id messenger to
break his fast, I repaired to the court at West-
minster, but not upon the tenth day of Augu>t,
but some other day of the suid month— To
ihe second 1 do say, that it is obscure, uncer-
tain, and over general, especially in thiise
words at tlie same time, which may he referred
to the tenth of August, and ihtn answer alrea-
dy is made tliereunto, and it may be referred
to some other day of the said month of Au-
gust, either before the tenth of August, or
after. And bccau>e it remaineth undeclared,
I am not b<jund in law to answer unto it, nei-
ther yet to these words and sentences in the
said article, to wit. Then, and there, for they
without declaration are uncertain, obscure,
•nd general, and I, before the spccilication and
decbratiuu thereof, not bound herein to make
an answer, specially having already made full
and sufficient answer in f his matter, according
to the commission, as I do take it,and accord-
ing unto the law ; which also willeth, that if a
certain answer be looked for, the pMsitl.iO and
article mustt before be certain.— To tije ad, 4ih,
5tb, Cth, 7th, 8ih, 9th, 10th, lith, 12th, 13th,
aod 14tb articles, he answcreth all after one
manner and sort, as thu8, that it doth depend
of the funner articles, to which ior causes
aforesaid, he saitb, he is not bound in law to
make answer, especially having already msulc.
"-Saving that in tlie 6th, he adrieth thereunto,
tliat he at no time heard the lord protector
£nd fault, nor commanded as is deduced in the
said article, so far us ho doth find. Also sav-
ing the 7th article, where he addetii neverthe-
and the subjfCis bo»»nd to obey unto his grace,
hLs laws, statutes, and ordinances, and his said
authority, us well in hia minority ai in his
majority, not aUowin^^, but expressly condemn-
ing the opinion of ad rebels holdmg the con*
traiy."
After this, percei\ing that master secretary
SniitI) was somewhat more t|uick with hnn than
Others of the connnis^ioner'^, and that he wonld
not suffer him any longer to dally out the mat-
ter witli his vain qoiddities and subtilties in
law, hut ever earnestly ur^ed him to go diicct-
ly to his matter, and theiev^ithal sometimes
sharply rebuking him for his evd and stubborn
behaviour towards them ; he to deface his au-
thority, as he thought, did also then exhibit in
writing a Recusation of the secretary's Judgment
against him. 'Ihe foim and manner whereof,
as he exhibited it unto the judges, I thought
here also to exhibit uoto the reader us here-
under foUoweth :
The Recusation of the Judgment of Sir Thomas
Swithf made by the Bishop of London, the
frit time.
" In the name of God, Amen. Forsomuch
as equity, natural reason, and all good laws do
require that judges shall be of that integrity^
wisdom, circumsf)ection, learning, and indiffe-
rence, that exercising the office and room of a
judge, they may and ^hatl do it without hatred,
malice, or grudge again>^t any person convented
or called before tht^m, uprightly, sincertrly, and
duely executing and doing their otlice unto
them in any wise coinini:ted ; and forsomuch
also as all judgineitt> and ]>n)Cess ought to
have their due course, and proceed without
suspicion or corruption in an^ wise, and finally
forsomuch as very dangerous it is to appear
and make defence before an incompetent
judge, who commonly and accu^tomably of
private and unlawful corrupt afiection to the
one side, and for ninlice, hatted and envy born
against the other side, rather servcth his carnal,
corrupt, and wilful appetite, than any thing
eUe is moved to obedience and keeping of
good order, law, or reason, touching him that
is convented and c-»mpelltd to make ansiver
less confessing and acknowledging, v^iih heart < against iiin will : I therefore Kdinnnd bishop of
and mouth, the king's majesty's auih«n-ity and : London, having perceived and felt by all the nay-
regal power and minority, as well and full as in , ings, proceeding*! and doings of you sir Thontas
his majority. Also saving tlie iUh, 0th, lOih, | Smith, kniiilir, one nf the two priiicipul M^cre-
aad 11th articles, where he addeth, as they be j faries to the kingN inaje>ty, in th:s niattjr at-
deduced they arc not true, a$ appcareth in j tempted and moved ai^anibt me, that ye have
conferring one with another. — ^To the l^th and | been, and yet continiKilly arc a not>rious and
Mth articles, he addetli as tbey be deduced manifest enemy of me the sairi Kdinund, ;uid
tbcy are not true ; confessing neveithrless the I much offended tliat I >]iould in any wise a 1-
king*8 majesty's authority and power regal, as | ledge and say, or w^v any such things for iny
belure is expressed. — To the 1:ith article he most defence, as the l.:w giveth me licence and
answeretb and saith, That it is a position in liberty to do, yea, hearing mobt t'axourablv and
law, and tliat yet both now and heretofore he , elfectually my denoiinceis aod enemies with
hiith made answer tliereunto in etVect and sub- both cars in any thing tint they ^hall alh-'lj;e,
Uaure, as appeureth in his former aii!>\\ers,*and . purpo^e, atteinp.t, or do auain.st me, though
10 sliall do always according to the law and his their persons in Kiw are not in any wibv to be
Louuden duty, acknowledging, as he hath al- heard or admitted, nor 'yet tin ir sayings true,
ready done, chc king's maje<>t)*s regnl power in and not hearing me so much as with one ear in
Usaiuority to be no less than in his majority, ' my lawful sayings apd doings iu f^'** ^"^half.
I
695] STATE TRIALS, 3 Edw. VI. 1550.— Proceedings against BUkap Bcmer, [(59(J
but cdnirariwise opcnint: your mouth at lartie, j
ye havL' sundry times against good viisdom and
reasuu outru^ed lu wordb and deeds against
me tliO said Kdcnund, sa\ing among other
^'ords, that I did us tlneves, murderers, and
traitors aire wont to do, hemi; mysilf as ye un-
truly did say, inwurd indeed culpable, and yet
outward otherwise unable to defend the matter
against mc, but only by taking exceptions, and
making frivolous a!legatiot.s against my judges
and commis!»ioncrs, and that 1 have been and
am as sturdy, wilful, and disobedient, as may
be in your judgment and opinion, maintaining
and upholding the rebels and their opinions,
and that I shall answer by mouth, or else smart
and do worse, or else ye will send me to the
Tower, there to sit imd be joined with Ket and
Humphrey Aruudel the rebels ; over and be-
sides divers other threatenings and commina-
tory words by you pronounced and uttered un-
seemly, and far unmeet to proceed out of the
mouth of you that are in .such room and place
. as ye be in. — And moreover, increasing your
malice, evil will and grudge born against me,
ye have amongst other things untruly surmis-
ed, written, aliedged, and said, that a certain
book of articles and injunctions by the lord i>ro-
tcctor's grace in the full council after a certam
proscribed f;ishion and form in the dennncia-
titm, commission, and articles, which, de facto
we're induced, brought in and objected ag<iinst
jne, was delivered unto me; and moreover of an
eiii will and ungodly intent and purpose, con-
trary to the truth, ye liave withdrawn, added,
altered, and qualified divers things in the same,
otherwise than they were spoken and done, and
yet ye are not ashamed to alledge, write, and
say, that all is true, and one consonant and
agreeable in all points with the other, where
indeed it is not so : and vet have further (de
Jacto) against the law, and against the commis-
sion to you directed, and against my just and
lawful alletzaiions and sayings, proceeded un-
iawfiilly and unjustly against me, attempting
many things ;iLVunst me unlawfully and un-
justly, as appeareih in the acts of this
matter, to the which I do refer me so far forth
as they make for me, nnd be expedient by me,
and for mc to be aliedged, and referred unto
yourself aUo unlaw fidly ajid unjustly (de facto)
with your colieagurs, thewliich without you had
begun tlie s:\id matters, proceeding where by
the law ye so ou^hi not to have done indeed,
but abbtuined thcrct'rom, as heretofore sundry
times I have allet^ed, appearing in the acts of
this c^)urt ; do upon these just and reasonable
cause-*, according to the order of the king*s ma-
jesty's ecclesiastical laws, refuse, decline, and
recuse you the buid sirThon ai Smith, as an un-
competent, uunuet, and suspect judge, against
ni» in this btiialf, and decline your pretended
juritdicrion in this uMittcr for causes aforesaid,
desiring notiiing but justice, antl offering myself
prompt and ready to piove them a.H far at 1 am
bound, luid a< c mling to the order of the king's
mai.'s ecclesiastical lav« s of this realm in this l»c-
bafi^ as time, place, and otherwise shall rcquiie."
This Recusation ended, the secretary told him
plain, that notwithsiauding he would proceed
ui his commission, and would be still his Judge
until he were otherwise inhibited ; and said unto
him I'urthet, My lord, whereas you say in your
recusation that I said, tltat you did like thieves,
murderers, and traitors, indeed I said it, and
may and will so say again, since we perceive it
by your doiugs. — Whereunto the bishop in a
great and stout rage replied, saying. Well, sir,
because you sit here by virtue of the king's com-
mission, and for that ye be secretary to his ma-
jesty, imd also one of his highness s councU, I
must and do honour and revereuce you ; but as
YOU be but bir Thomas Smith, and say as ye
have said, that I do Hke thieves, murderers,
and traitors, I say ye lie upon me, and in that
case I defy you, and do w hat ye can to me, I
fear you not, and therefore, quod fads, fac ci-
tius. — ^Whereat the archbishop with the other
commissioners said unto him, that for such his
un reverent behaviour he was worthy imprison*
ineiit. — Then the bishop, in more mad fury than
before, said again unto him, A God's name ye
may do defacto, send me whither you will, and
I must obey yon, and so will, except ye send
roe to the devil, for thitlier I will not go for
you. Three things I have (to wit) a small por-
tion of goods, a poor carcass, and mine own
soul : the two first ye may take, though unjust-
ly, to you, but as for my soul ye get not. Quia
anima mta in munibus meis tvnif'Cr. — Well, said
the secretary, then ye shall know that there is
a kuig. Yea, sir, saith the bistiop, but that is
not you, neither, I am sure, will you take it
upon you. — No, sir, said ati^ain the secretary,
but we will mike vou know who it is; and with
that the commissioners commanded the bishop
and all the rest to depart the chamber, until they
called for him again.
Now in tfie meanwhile that the commission-
ers were in consultation, the bishop with Gil-
bert Bourne his cliaphun, Robert Waniington
his commissary, and Robert Johnson his regis-
ter, were tarrying in a quadrant void place, be-
fore the door of the same chamber. Where the
bishop leaning on a cupboard, and seeing Ids
chaplains very sad, said unto them in eiTcct as
followeth : Sirs, what mean you ? why shew
you yourselves to be sad and heavy in mind, as
appeareth to me by your outward gestureM and
countenances? I would wish you, and I require
you to he as merry as I am, (laying therewith
iiis hnnd upon his breast) for afore God I am
not sad nor heavy, but merry and of iiockI com-
fort, and am right glad and joyful of tlii^ my
trouble, which is for God's cause, and it grie\'«
eth me hothing at all.
But the grcuc matter that grieveth me and
pierceth my heart, is, for that this Hooper and
such other vile heretics and beasts be suffered
and licensed to preach at Paul's cross, and In
other places within my diocese and cure, uiost
detestably preaching and railing at the blessed
sacrament of the idtar, and denying the verity
and presence of Christ his true tx>dy and bluo^
to be there, and so infect and betray mj flock.
097] STATE TRIALS, 3 Edw. VI. 1550.— ybr apposing the Rtformation. [698
But I say it is there in very deed, and in that
opiniun I will live and die, and am ready to
suffer death for tlie same. Wherefore, ye be-
ing Christian men, I do require you and also
diargc and command you in the name of God,
and DO hb behalf, as ye will answer him for tbe
contnuT, that ye go to the mayor of London,
and to his brethren, the aldermen, praying and
abo requiring them earnestly in God^s name and
mine, and for mine own discharge on that be-
half, that from henceforth, when any such de-
testable and abominable preachers (and espe-
cially those which hold opinion against the
blessed sacrament of the altar) do come to
preach unto them, they forthwith depart out of
their presence, and do not hear them, lest that
they tarrying with such preachers, should not
only hurt themselves in receiving their poisoned
doctrine, but also give a visage to. the encou-
ragement of others, which thereby mi£ht take
an occasion to tliink and believe that their er-
roneous and damnable doctrine is true and
good: and thiseftsoons I rec^uire and command
you to do. — And then turnmg himself about,
and beholding two of the arclibishop^s gentle-
men, which in the same place Jiept the cluimber
door where the commissioners were in consul-
tation, and perceiving that they had heard all
hit talk, he spake unto them also and said, And
sirs, ye be my lord of Canterbury's gentlemen,
I know ye very well ; and therefore I also re-
quire and charge you in God's behalf, and in
his name, that ye do the like for your parts in
places where you shall chance to see and hear
luch corrupt and erroneous preachers, and also
advertise my lonl your master of the same, and
of these my sayings that I have now spoken
here before you, as ye are Christian men, and
shall answer before God for the contrary.
With this the cofnmissioners called for tlie
bishop again, who did read unco them an in-
itrament, containing a provocation to the king,
which he made in manner and form here follow-
ing:
Tki first Appellation intimated by Edmund BoU'
ner Bishop of London.
" In the name of God, Amen. It shall ap-
pear to all men by this public instrument that
An. Dom. 1549, the ?Oth day of Seprember,
the 3rd year of the reign of our most high and
renowned prince Edward the 6th, by the grace
of God king of England, France, and Ireland,
defender of the faitii, and in earth the supreme
bead of the Church of England and Ireland, in
a chamber within the palace of the said bishop,
•itoated in London, and in the presence of me
the public notary, and of the witnesses hereafter
named, the foresaid bishop did personally ap-
pear, and there did shew forth in writing a cer-
tain protestation and appellation, the tenor
whereof ensueth :
' In the name of God, Amen. I Edmund
Bishop of London, say, alledge, and propound
Wfiire you, being a public notary, anil these
crediUe witnesses here present, that although I
iht JoBBMiid Edmund have attained tl»e bishop-
ric aforesaid by the bene\'olcnce of the famoot
{)rince of memory king Henry the 8th, and was
awfully elected and translated to tlie same,
with his rights and appurtenances, have of a
long time possessed peaceably and quietly the
same, and presently do possess, being taken as
bishop and lawful possessor of the said bishop-
ric, and am lawfully called, taken, and reputed
notoriously and publicly; and moreover do keep
residence and hospitality on the same, accont
ing to the order, state, person, and dignity, and
as the revenues of the same would permit, and
have exercised and done all things appertaining
to my pastoral office, as the laws do require, as
berea^Der I trust by God*a grace to do and ob-
serve, a man of good name and fame, neither
suspended, excommunicated, nor interdicted,
neither convict of any notable crime or fact»
always obeying readily the commandment of
the Church, and other my superiors in aH
lawful causes, nevertheless fearing upon cer-
tain probable causes, likely conjectures, thread
enings, and assertions of certain injurious men
my enemies, or at the least, such as little favour
me, that grpat damage may come to me here-
after about the premises or part of them; and
lest an;ir man by any authority, commandment,
denunciation, inquisition, ofiice, or at the re-
quest of any person or persons, may attempt
prejudice or hurt to me or my said dignity, e^
thcr by my excommunication, interdiction, se-
questration, spoiling, vexing, and perturbing
by any manner of means ; do appeal unto thft
most high and mighty prince our sovereign lord
Edward the 6th by the grace of God, kin^ of
Engl \nd, France, etc. and in tl)ese my writings
do provoke and appeal to his. rirgal majesty. I
do also require the apostles, so much as in this
case they are to be required,' the tirst, second,
and third time, earnestly, more earnestly, and
most earnestly of all, that there may be given
to me the protection, tuition, and defence of
my foresaid most dread sovereign lord, for the
safeguard of nie, my dignity and title, and pos-
session in the prenuses, and to all that will
cleave to me in this behalf. I do also protest,
that I will be contented to correct, retbnn, and
amend this my present protebtation, and to the
same t«) add, to take away, and to bring the
same into tht> best form and state that may be
di'vised, by the counsel of learned men, or as
the case shall require, and the same to intimate
according to time and place, and the order of
the law, and still shall require.'
*' Upon all the which things the foresaid Ed-
mund bishop of Lond>in did require the public
notary hereunto written to make nnto him, and
the witnesses hereafter named, one, two, or
more copies of this Protestation. Tliese things
wore done the year, day and time above
written, there being present Gilbert Hourne
bachelor of divinity, John llarpsfield and Ro-
bert Colen, masters ol'art, John Wakeling and
Uicliard Rotiers learned men, being of the dio-
cese of Worcester, Westminster, Coven
Litchfield, and Gloucester, and special!
quested to be witnesses of the same. J
699] STATE TRIALS, 3 Edw. VI. IbdO.-'Pi'oceedinga agamsi Bidiop Bomicr, [700
Francis Hanvard of tlic dkjccsc of Worcester
and public notary hy the king's rc^;il authority,
forboiniich a^ I was present when the foresaid
protc:>tation, a|)))ellation, and other the premises
wert' done, the year of our J^ird, the year of the
jreiun of ihe king, the day of the month and
place aforesaid, the wiincssos above named
Dein^ prebeur, and forsionuich as I did in act
the bume, therefore to this present public in-
strument, written faithfully with mine own
hand, I have put to my mark, being specially
re^iuebted uuio tlie aame/*
Which tiling after lie had read, he did under
Ikis protestation t\r6t intimate unto the orcli-
bi»hop, the bi»hop of liocheiiter, and doctor
lUay, and then protecting also not to recede
from hift recusation, ditl likewine intimate the
same unto muster &ecretury SmitJi, recjuiring tlie
register to make an iiiistrnment as well then;-
upon, as uImj upon hi» rt-cusation, witii witness
to testify the :rnme. — Ihen the delegates did
again proceed to the exnutinution of the last
Answers, and finding the aanie imperfect, they
demanded of him (arcurJinp to the first article)
what special day of August he was sent for
by the lord pnitei'tdr : to whom he obstinately
answered ; that he was not )»ound to make
other answer than he had already made, unless
diey did put their urticU*s more certain : nei-
ther would lie othr-rwi^ answer as long as Mr.
aecretary Smith was there present, whom he
had before lecnsed, and therefore would not
recede from liis recusation. — The secreti>rv,
aeeing him so wilful and per\'crse, suid sharply
uut'» him, My hird, come od* and make a fail
and perfect aniwcr unto the»c uriicUs, or else
vre will take other order witii you to your pain,
•^lu faith, sir, then said the bishop aj^ain, 1
thought ye had been learned, but now before
God I perceive well that either yc l»e not
learned indeed, or else ye have foi^otten it :
for I ha%'C so often answeied lawfully and sut-
iiciently, and hiwt so ofl shewed causes suffi-
cient and reasonable, w'h\ thereunto I ou^Ut
not by law to be compelled 'you shewing no-
thing to the contrary but. sen&uidity and v\il\)
tliat i must needs judge that you are ton ig-
noraitt herein. Well, biiid Mr. Secretary, ve
will not then otherwise ans\>er? No, said the
bishop, except the law do compel me. I'hen
said the hccretary, call for the knii;ht marshal,
that he may he Imd to ward.
With that all the n*st of the conimissioner>
chark;ed the bishop, that he had at that time
•undr) ways very outra|>lon^ly nod irreverently
behavetl hijnstlf towards them siuine on the
kint;*s majeaty** commission, and especially ti>-
wards sir lhi>ma» Smith his grace*s secretary,
and therefore, and f.)r diners oiIrt contunit^
lious» words which he had spoken, they declare<l
thc>y would commit him to the MunhaUea. —
By this time the marnluil'b deputy c»me before
them, whom Mr. 5H.'cretary conininnded to take
the bishop as prisoner, and so to keep him that
po man might Lome unto liim, for if he did, he
shuuhi &it hv liim himself. Wlien the secretary
bad cudcd his talk, the bi^p said unto him,
Well sir, it might have becomed you right well
that my lord's grace here present, being first in
commission, and your better, should have done
it. Then the a^mmissioners assigning hiio to be
brought before them on Monday next beforp
noon, between seven and nine of the ch)ck in
the hall of that place, there to make full answer
to these articles, or else to shew cause why he
should not be declared pi ocort/euo, did for that
present break up tliat session.
Now OS the bishop was departing with tlie
under marslial, he in a great fury turned him-
self a^ain toward the commissioners, and said
to bir Thomas Smith; Sir, where ye have com-
mitted me to prison, ye shall understand, that I
will require no favour at your hands, but shall
willingly sutler wliut shall be put unto uie, as
bolts on my heels, yea, and if ye will, irons
about my middle, or where ye will. — Then de-
parting again he yet returned once more, and so
foaming out his poison, said unto the archbishop,
well, my lord, 1 am sorry that I lieing a bisliup
am thus handled at your grace's hand ; but
more borry that ye suiVer abominable lieretics
to pntctibe as they do in London and elsewhere,
infecting and disquieting the king's liege peo-
ple : and therefore I i\o require you, as you
will answer to God and the king, that ye will
lienceforth abstain thus to do, for if you do not,
I will accuse y^^u before God and the king's
majesty ; answer to it as well as ye can. And
so he departed, u^iiig many reproachful words
a<:ainsC bundry of the common people, wliich
blood and bpuke to him by the way as he went.
Tfic sirth Action or Process upon Monday the
2*^1 ti ofScpUhilitr, hud fifiuinst lionner Bishop
of Lontfoii^ before the Commissioners^ in ike
great Hall at LtintUih,
It vas ns>igncd ns ye have heard in the
fouith act prosecuted the 18th of September,
tiiat upon Monday ilien next following, being
the 23ni day tif the same month, tlie bishop
should aiiain api'icar Ik fore the commis>ioners,
within tiie great hall at l^imbeth, then to shew
a final caone why lie bhouid not be declared
pro confcsw, ii|>on all the articles ^ hereunto he
had not fuily answered. — According to which
a>M^nu)cnt, tlic same '2drd day o( September,
tiie bibhop was brought betore them by the un-
der-marshal (to whooi tor his disobctfient and
oljbtmaie behaviour he wab belore thitt time
commit te<l) and there did first declare unto
them, that his appearance at that time and
{>lace was not voluntury, but coacted, for that
le was ajsainst his will brought thither by the
keeper of the Marshalsea. and therewithal also
under his former pn)ie> ration, recubutiun and
appeal, did then a'j;aiii nitunate a senerul recu-
sation oi'all thec^xumissioners, alledging in the
same, that hrrause the archbishop with all his
colleaunes had neither observed the order of
their commissiou, neither yet proceedutl against
him after any laudable or i:ood tasliiou of judg-
ment, but contrary wifre had sundry times as
well in hb absence, as in his presence, attempts
ed muoy things unlawfully s^ainit his pcno%
tOl] STATE TRIALS, 5 Eow. Vl. 1550.— for apposing the Reformation. [7(^
dignity and scate, especially in committing him
tc> srrait prison, and yet commanding him to
make answer; and further, because that iie
with the rest luid proceeded in commission with
sir Thomas Smith, knight,, supporting and main-
taining all his cul doings (notwithstanding that
he the said bishop had before justly recused
and declined from him) he thcrctbre did also
there refuse and decline from the judgment of
the said archbishop and his colleagues, and did
except against theu* jurisdiction as suspect, and
they thereby unmeet persons to proceed against
him ; therefore, according to his former appeal,
be intended to submit himself under the tui-
tion, protection, and defence of the king's ma-
jesty ; for whose honour and reverence sake
(he said) they ought not to proceed any further
against him, but quietly suiVer him to use tlie
benefit of all the recusations, provocations,
and other lawful remedies before alledged, with
Other superfluous words, at large to be read
and seen as folio weth :
The second lUcusation made hy Edmund Bonner
Bishop of* London,
*• ly the name of (jod, Amen. Forasmuch
as both natural reason and all good policies of
laws, especially of this realm of England, do
admit and suti'er him that is convented before
an uncompelcnt and suspect judge, to refuse
him and to decline his jurisdiction, in us much
as law and reason on the one side wiilcth pro-
cess to run uprightly and justly, and that on the
other side corruption and malice laboureth to
tiic contrary, and needcth tliereforc tu be bri-
dled ; and because ye my lord of Canterbury
with yuur colli^agues in this beiialf (rlenuted us
ye SHy conimibMoners aguinst me) neitli'jr have
ohserred your said commission, nritheryct pro-
ceeded hitherto against me after any laudable,
lawful, or any good fashion of judinnt^nt, hut
contrariwise, contniry to your commission, and
aguinst the law, good 'reason and order, have at
sundry times, and in sundry acts aitempted
and done many things atrainst nic un!uv\lully,
just and lawful causes I have refused, recused
and declined) have favouied, yea niHiiitnincdy
supported and borne him, in his unlawful and
evil doings, do also refuse, recuse, and decline
you my said lord with the rest of your said rt^l-
leagues agreeing and joining with you, and do
except against your proceeriini;.s, doings and
juribdictiou as susp*.'ct, aud thereby unmeet
persons to proceed licrtin ugalust me. — And
further I do alledge, that having l:oi-'n provoked
to the king's most excellent majesty, as appear-
eth by the tenor of iny provocation, remaining
in your acts, whoreunto 1' do protest timt I in-
tend to adhere and cleave, subniittin>; myself
unto the tuition, protection, and deteuce of his
said majesty in tins behalf, }e in anywise ought
not (if ye regard the person and authoncy of
his grace's royal power, as ye ought tf) do) pro-
ceed herein against me, especially for the lio«
nour and reverence ye ought to have unto his
majesty in this behalf. And because it ap«
pearetli that ye do not duely and circumspectly
consider the same, as ye ought to do, but more
and more do grieve me ; that con;«idered, I
bot^i here to all purposes repeat my former re-
cusation, provocation, and all other remedies
that heretofore I have used and mentioned in
your said acts ; And alse do by these presents
refuse, recuse, and decline you my said lord,
and yuur said colleagues, andyoar jurisdiction^
upou causes aforesaid, otfering myself prompt
aud ready to prove ail the same, afore an
arbiter and arbiters, arc;irding to the tenor and
form ef the law herein to be chosen requiring
you All, fur that honour and reverence ye ought
to bear to our said sovcieiiin lord, and his laws
allowed and ajipnjved in this beiialf, that ye do
not attempt or do, nor yet suflfer to be at-
tempted or done, any thing in any wise against
me, or unto my prijudicc, but sulfer me to use
and enjoy the bcneJit of my said former and this
recusation, provocation, allegation, and other
lawful remedies mentioned in your snid acts.
And in case ye do defaclOy where ye oujiht not
dejure to attempt or suffer any thing to be at-
onseemly, and unjustly, and suflfcr the like to | tempted or dime against me in any ui^e herein,
be attempted and done by other, not reforming I pn)test herewith, and hereby* of my threat
and amending the same, as appeareth in divers
and sundry things remaining in y<»ar acts. —
And moreover, because you u\y said lord with
Jour said colleagues, have both in mine ab-
sence, being let with just causes of impediment
which according to the laws of this realm I
have fully allcdged, and very sutliriently and
justly proved according to the oider of the
ling's ecclcMastical laws, injuriously, and much
to the hinderance of my name, person, title,
dignity, and state, and also otherwise, specially
in my presence, against all laws, good order.
Bad reason, without good cause or ground, at-
tempte»1 and 'done many things against me, es-
pecially toucliiug mine imprisonment, sending
me to f^traight ward, and yet commanding me
to make niihwer, as appeareth in your unlawful
acts. — I fur thitsc causes, and also for that yc
nj said lord and your said collciiguer) pn)ceed-
nig whB sir Thomas Smith, knight (whom upon
grief and hurt in that behalf, and that not only
1 do intend to appeal from you, but also, ac-
cording to the king's ecclesiastical laws, to ac-
cuse and complain upon you, as justly and
truly I both may and ought to i\o."
Notwithstanding these Hecnsation*, and fir-
mer appellation, the archbishop virith ttH> rest
told hnn plain that they wouhl hv still his
judges, and pruriK^d against him accru'diiig to
the kiiig*h commibbion, until they dul riceive
a supi'/Hcdciitf which if' he did obtain, they
would gladly obey. — Then the bishop, .seeing
that they would ^lill proceefl against him, did
there liKCwisc intimate another Appellation
unto the king's majesty, c xpri^^^ting thereni in
effect no other matter, but such as is altvady
ulledged in the two former Rrcusations and Ap-
peal; saviug that he re(]uiroth, that Irtters di-
ipissories or appellatorics ini;^iit begj\eii him
according to the law, aud that for his better
703] STATE TRIALS, 3 Eow. VI. \5bOi^Procceding$ against Bishop Banner, [704.
•afcgiiard he did submit hiAiself under the
firotection of the king. — The commiftsioners for
all this stuck stilt unto their coinuiibsion, und
would not in any case deter, but urged him
straitly to make a more lull answer to his ar-
ticles than he had done. To whom the lishop
said, that he would sttand unto his recusations
and appellations before made, and would not
make other answer. Then the delegates de-
manded of him what cause he had to alledge,
why he ought not to be declared pro confesso
upon the articles whereunto he had not fully
answered, the bishop still answering (as be-
fore) that he would adhere unto his appella-
tion and recusation. Whereupon the archbi-
sbopf with consent of the res^ seeing his per-
tinacy pronounced him contumax^ and in pain
th^eoldeclared him pro confesso, upon all the
Articles which he had not answered. This
done, master secretary Smith shewed forth a
Letter which the bishop of London had before
that time sent unto the lord mayor and the al-
dermen of the city of London, the tenor where-
of ensueth as follow eth.
Bonner's Letter to the Lord Mayor and Alder*
men of London,
** To the right honourable and my very good
tord the lord mayor oi London, with all his
worshipful brethren, my very dear and worhliip-
ful friends, with speed : Right honourable, with
my very humble recommendations ; where I
have perceived of late, and heard with mine
cars, what vile bea:>ts and heretics have preach-
ed unto yoUy or rather like themselves prated
and railed against the most blessed sacrament
of tlie altar, denying the verity and presence
of Christ's true body and blood to be there,
giving you and the people liberty to believe
what ye list, teacliing yon detestably, that faith
in this behalf must not be coacted, hut that
overy man may believe as he will ; by retison
whereof, lest my presence and silence might unto
tome have been seen to liave allowed their he-
retical doctrine, and given credit unto thein,
betraying my flock of the Catliolic sort, ye
know I departed yesterday from the heretic
prater's uncharitable charity, and so could have
wished that you and all other that be Catholic
should have done, leaving those there with him
that be already ca»t away, and will not be re-
covered. For you, tarrying with him still, shall
not only hurt yourselves in receiving his poi-
soned doctrine, but also shall give a visngc that
their doctrine is tolerable by reason that ye are
content to hear it, and say nothing against it.
And because I cannot tell whtn I ^hall speak
with you to advcriise you herc'^f, therefore I
thought i;0(>d tor mine own discharc.' and yours,
thus much to write unto you, requirmg and
praying you again and again in G«»d':* heh'.Uf,
and fur mine own discharge, that ye sutler not
^^ourselves to be abused with -uch nuughry
preachers and teachers, in heariaae their evil
doctrine that ye shall perceive thexn go about
to sow. Aud thus our blessed Lord long and
Will preitnpo jou all with tlas noUe city in all
^ood rest, godliness, and prosperity. Written
in haste, this Monday mornmg, the IGth of
Sept. 1549. Your faithful beadsman and pour
bishop, Edmund Bonner.^
This Letter being read, the secretary de*
manded of him whether he wrote it not. To
whom he would not otherwise answer, but that
he would still adhere and stand unto his former
recusations and appeals. Which the commis-
sioners seeing, determined to continue this casa
in state as it was until Friday then next follow-
ing, between the hours of eight and nine of the
clock before noon, assigning the bishop to be
there at the same time and place, then to heal-
a final decree of this matter, he still protesting
as before.
The seventh, Session or Appearance of Bomner
upon Tuesday the Ist of October, before the
Kifig^s Commissioners at Lambeth.
ypON Friday the commissioners, for divert
urgent causes letting them, did not sit in com-
mission according to their afipointment, but
deferred it until Tuesday the first of October
then next following. Upon which day the bi-
shop appearing before them, the archbishop de-
clared unto him, that although' as upon Friday
last they had appointed to pronounce their final
decree and sentence in tliis matter, yet furso-
much as they thought that that sentence, aj-
thougli they had just cause to give it, should
have been very sore against him, they had not
only deferred the same until this day, but mind*
ing to be more friendly to him tlien he was to
himselt, and to use more easy, and gentle refor-
mation towards hiiu, liad also made such suit
and means for him, that although he had grie-
vously ofiended the king's majesty, and very
disobediently behaved himself, yet if he would
in the meiui while have acknowledged his fault,
and have been contented to make some part of
amends in submitting himself according to his
bounden duty, he sliould have found much
favour ; so the sentence should not have been
so sore and extreme against him, as it was like
now to be, for which they were very sorry, es-
pecially to see the continuance of such stub-
bom disobedience, whereby they were then
more enforced to give such sentence against
him.
The Bishop nothing at all regarding this gen-
tle and friendly admonition and favour, but per-
sisting still ill his wonted contumacy, drev\ forth
a Paper, whereon he read these words follow-
ing :
'' I Edmund bishop of London brought in as
a prisoner by his kee))er, one of the Mar»hal*
scy, here before you my lordof CHiiurbury and
your pretended colleagues, do undtr iny fi>rnier
protestations heretoiorc by me m.ide before
you and remaininji^ in your acr, declare that
this my presence here at this time is nut volun-
tary, nor of mine own free will and omsent,
but utterly coacted and against my wdl, and
that being others ise sent for or brought before
vou than i am (that is as a prisoner) I would not,
iieiiig at libcny, have come and appeared before
703] STATE TRIALS, 3 Edw. VI. 1550.— /or opposing the Refonnation. [706
} XI, but wuiild have declined and refused to j thut mutter ; as in pronounciug Iiim contumacem
inalce any appearance at all, and would have | unrcHbonably without good cause, and further
i:>)4entcd myself from you, as lawfully and well ' in assigning the tenu ad audiendumfirtak dc'
I iuii;ht iia\e done, standing to, using and en> ' cretuin^ and Jn commilting him to straight
joying all and singular my lawful remedies and , prison, as appeareih in their acts. Tiicrcfoi-e
defences hertt(#f!)re used, exercised and enjoy- , he did not only ex abundantly ad omntm juris
ed, especially my pro vocatioiv, and appellation cauUlamy decline and refuse their pretende<l
heretofore interponed and made mito the king*s ' jurisdiction as before, but also by these presents
must excellent majesty, to wli>ni cftsoons, ex here shewed he did appeal from the said arch-
tibundanti, I liuve both provoked and appealed, [ bishop of Canterbury, andtiie rest, unto the
and also made supplication, as appeartth in king's majesty, asking also tliose letters of ap-
tbese writings, which, under protestation afore- ' peal which the law dotli admit, saying, he did
said, I do ei^hibit and leave here with tlie slc- , not intend to go from his former provocations
tuary of this cause, reijuiring him to make an
instrument thereupon, and the persons here
present to bear record in that behidt; espe-
ciady to the intent it may !i})p(':ir, I do better
acknowledge the king'smije.?ty*b authority even
in his tender and young age, provoking and
appealing to his majesty, as uiy most gracious
prov(
and appellations, but to join and cleave unto
them in every part and parcel, submitting him-
self to the protection and defence of the kind's
majesty ; and he therein ntade intimation to
the archbishop of Canterbitry, and to his said
colleagues, to all intents and pui ponies that
might come thereof. Furthermore, as toucliing
sovereign and supreme head with submission to | the supplication above mentioned, which Bon-
his highness (as appeareih in my appellation ner (as we said) put up in writing to the Com-
aod other remedies) for m> tuition and defence, missioners, the copy thereof hereunder likev\iae
then othcrsome (I do mean you mv lord of . cnsueth :
Ctntcrbury and your said pretended colleagues)
which by law and good reason ought to liave
deferred and given place unto such provoca-
tion, appellation, and supplication, as hereto-
fore lawrully have been by me interponed, and
made unto his majesty's most royal person and j ships, with my most humble recommendations,
korereign authority in this behalf." , to understand, that albeit 1 have according to
As soin as the bishop had read these words, ; the laws, statutes, and ordinances of this realm
lie did deliver as well that paper as also two j made supplication, provocation, and appcUa-
The Supplication of Bonner to the ChnnceHor
of Kiiffiand^ mlh all the rest of the Privif
Council.
Plea^t it your most honourable good lord-
other, unto the actuary, the one containing an
Appellation, and the other a Supplication, unt«o
tlie kind's majesty ; which Appellation bcgisnieth
thui: In the name of Ood, Amen. Wherein
first he shewed how naturally every creature
declineth gladly from that thing which goeth
•bout to hurt it, and also seeketh help and re-
lion unto the king's mojst u'xcellcnt nmjesty,
from the unlawful and w liked process of the
archbishop of Canterbury, the bishop of Ro-
chester, niastei secretary Siuiih, and Uie dean
of Paul's, as .ilso as well Irum their unjust in-
tcilocutory, as also their deiliiiiive senteMCO,
> and re- whortby in law I ought to have liU-ity to comu
mtdy CO %viibstand such hurts and injuries, r.broad and prosecute the same, )et such is the
Further he shewed that it is found by cxperi-
tuce tu be hurtful and <langerous to trust him,
thai once hath hurt and beguiled, lest he might
M more, rattier than to take ought t'rom.
Moreover he ^llc'wcd, that he had found herc-
tijfore at the bauds of the archbishop of (!an-
terbury and the rest of the colleagues in this
malignity of the judpeb ag;iinsi me, with bear-
ing and maintenance of other which sunrliy
and many ways have sought my ruin and
destructi:jn, that 1 am here penned and locked
up, used very extremely at their plca>urc, and
for the conientation of the said master Smith,
not suffered to fmd sureties, or U) ;:'• nbioad to
matter, much extremity and cruelty, injuries, j prosecute and sue luy siid a|:{)(. mi. lu
I'iSSfs, and griefs, contrary to CJod'js law, anrj j con^'ideration whereot", it may pie:i>e yuur said
Utt laws and statute;} of this realiJi, and against ! go<jd h.rdships to take sonu^ order and ledress
j«*'iice, charity and good order, being well as- ] herein, especially f«»r that it is now the lime
*=ired if they were not stayed but piocecded, j that the king\ subsidy, now due, ou;ihi to b«
they wuuld add more evil to evil, lu^s to loss, ; railed upOM, and justice uKo ininisrered unto
di«ple'jAbre ti» dispUa«.«.re, as (said lie) tln'ir
v.T>'4ntH Iiave r»-portrd, ai;d they agrreal?ly do
kiiew tlie same. Agani in the said appenl he
kliewed that tlie bishop of Cantii-liuiy and the
*>ther cuiniiiii:>ioners on;ihi ; i ha\e eonsidf>rcd
^done beit<'r in that matter li>r h'Uionr and
oltedience to' the king's majc-stv, ul.ich hitherio
tlifj have not done (said he) in that they bate
not given place to his provocations and appella-
tioni heretofore made unto his grace, ju:>tly
ud Uvrfully, aiid upon good and just causes,
otmely, for the unjust grieft they (!id against
^ia, which be said do appear in the acU of
VOL.1.
his inajcMy's sul jecis, which being as I now
am, 1 cannot be sntlered to d<i. And thus
witliout further extending my letter therein,
C(msideiing that your 'jr<:ir wisdoms, experi-
ence, au'l gooflness vm gnii.er of a little, wl'.at
is expedient and necossar}' for the whole, 1 do
beseech Almiiihty (iod to prt-^eive ami keep
well all your honouraMe good lordihip**. \\ rit-
ten in baste this 7tb of October, 1;>11), in the
iMarshalsea. Your honourable lordships poor
orator, and most bounden beadsman, Edmund
London.''
Ihcsc things ended, tho aichhishop said unt»
707] STATE TRIAIJ5, 3 Edw. YI. l550.^Procnding8 agaitut Bisftop Banner, [708
him. My lunl, v» here you skt that you come
cuiicted, ur t'lse you would not have iippeui&d,
1 do much marvel of y<»u. For you would
thereby make us and this audience here be-
lieve that because you arc a prisoner, ye ought
not therefore to answer. Which if it were
true, it were enough to confound the whole
state of this realm. For 1 dare say, that of the
greatest prisoners and rebels that ever your
keeper there (meaning the undcr-niurshal) hatli^
had under him, he canr.ot ^hf w me one that
hath u^ed such defence as you have here done.
— Well (quoth the bishop) if my keeper were
learned in the laws, I could shew him my mind
therein. W^ell, said the archbishop, I have
read over all the laws as well as you, but to
another end and purpose than you did, and yet
I can find no auch privilege in this matter. Then
master secretary Smith did very sore burthen
and charge him, how disobediently and rebel-
liouvly he had always behaved him.<«elf towards
the kmgS majesty and his authority. Where-
upon, the bishop under his protestation answered
again. That tte was the king*s niiije)>ty*s lawful
and true subject, and did acknowledge his
highness to be his gracious sovereigu lord, or
ebe he would not have appended unto him as
he did, yea, and would gladly lay his hands and
his neck also under his grace's teet, and there-
fore he desired ttiat his liighnes&*s ht«^s and jus-
tice might be ministered unto l)im. — Yea,
^uoih master secretary, you say well my lord,
but I pray you what other hath all these rebels
both in Norfolk, Devonshire, and Coinw;dl,and
other places done ? Have they not said thus.'
We be the king's true suLjicts, we acknow-
ledge him for our king, and we will obey his
laws, with such like; and yet when either com-
mandment, letter, or pardon was brought unto
them from his majesty, they believed it not,
but said it was forged and made under a hedge,
and was gentlemen's doings, so that indeed they
neiiher would nor. did obey any thing. — Ah
sir, ^aid the bishop, I perceive your meaning;
as who should say that the bishop ol' London is
a rebel hke them. Yea, by my troth, t^uoih
the secretary. Whereat the people laughed.
Then the clean of Paul's !>iiid unto him. That
he marvelled much, and was \ery sorry to ^ee
him so untructable, that he would not suffer
the judges to speak. To whom the bishop dis-
dainfully answered ; Well,m:ister dean, you must
say somewhat. And likewise at another time
as the dcun was speaking, he interrupted him
and said. You may speak when Vi'Ur turn Com-
eth. Then ^uid suMetary .Smith, 1 would you
knew your duty. I would quftth he a}!ain,
you knew it as well as 1: with an infniitc
deid more of oth«T such stubborn and conteuij-
tuous tullv and behaviour t.> wards ihein. Wi.ii h
the coni:ni'»>ion^rs i^eighir.g, and pirceiving no
likelihood (if auv traccible reason in hiin, dc-
termiiicd that the aidibiahop, with their whole
consent, should at that present thrie openly
read and publish their hnal decrcf or sentence
deiinitive n gainst him. Which lu* did. pro-
aouuciog hiia thereby tu be cliaa depuvcd
from the bishopric of London, and further as
in the same appeareih, in tenor as follow eih :
Stntentia deprivation^ lata contra Edmundum
London. EpUcopuw,
" In Dei nomine. Amen. Nos Thomas mi-
seratione divina Cantuar. Archicpiscop. totius
An^lia; Primas 6c Metropolitan us, Nicholaus
eadem miseratione RofTensis Episcopus, Tho-
mas Smith miles, illustrissimi in Christo prin-
cipis & Domini nostri Domini Edwardi scxti,
Dei gratia, Angliae, Francis, & Hybemia: Re-
gis, iidei defensoris, & in terris Ecclesis
Anghcana; supreroi capitis, Secreta riorum
principalium alter, & Wilhelmus May, Juris
jCivilis Doctor, Ecclesiae Cathcdralis divi Paul!
decanus, dicti illustrissimi principis, & do-
mini nostris regis, ad infra scripta, una cum
eximio viro domino Wilhehno JPetro Mdite,
ejusdem serenissiniac regis majestatis etiam
Secretariorum principalium altero. Commit-
SRirii sive Judices delegati cum ista clausa, \idn^
hcet, Depntamus vob quinque, quatuor vel tres
vestiQm, Src. Kectb &: legitime depu:ati cou-
tra te Edmundum permissione divina London.
Episcopum in causa & causis, in Uteris Com-
mibsionalibus diets serenis^ims Regia; Majes-
tatis express. & specificat. ritb & leg.tinrib pro-
cedentes & judicialiier inc^uirenti s, audiiLsqiie
per nos & intellect is nc pruno examine debit*
mature di'jcussis nieritis & circuni>tantiis causa
& causarum inquisitionis ejusmodi, servatisque
ultcrius per nos de jure in hac parte ser^'andis
in prssenlia tui Epi^copi antedicti, judicialiter
coram nobis constituii, ac protestaniis de coac-
tione, ^ de csteiis, prout in uhima protesta-
tione hodie per tc facta continciur, ad deBnitio-
ncm causs U causarum huju^modi, prolaiionero-
que sentcntis, nostra; si>e nostri tinalis dccreti,
super eisdcni ferendam sic duximus proceden-
dum, 6i procedimus in hnnc qui sequi'ur mo-
duin. Quia tarn per acta inactitatn, deducta,
proposita, exliibiia, allegata, probata, pariter
& confessala in caut>a 6c causis hujusmodi, f:ic-
ta, habita ^ justa, (]uaiu perconfosionem tuam
propriam, factique notorietateni, & alia legiii-
ma document a, evi<lenK-m invenimus, & com-
pertum habemus te prsfatuni Epi«copum Lon-
don, inter ca*tera, pro meliori uthcii tui pasti>-
rah!> adminixtratione, in maidatis habui^se, ut
de his qui duas atit tre^ u\ores ut maritos iu
unum haberent, aut qui e\teruo» dc non pro-
batos Kcclesiai ritus in hoc regno scquereiitur,
qnibus rebus tua Dit>ce^is Londmensis, prcci-
pub erai i<ifam:tl;i, inquireres, lique ca tiu't rt
omnjiio neglcxis.se: Item tx|«res»»e ribi per Re-
giani Maje>t.iteni pra'i>ciipt(.m fuis<e, ui iy^
Epibcripus ade'>Aeb Ciuicionibus ad crneem Pauii
habiiis, torn ut eas honoiarts tua prssentia,
quam ut j»Msvis eos aceusare, (-i qui m:de ibi-
dem ciiiiriiuiuM iiiur) te (anxn contra non so-
lum abii-stj sed eli;".ni scriptis liitris. Maii-rem
r.Miidon. (^ Aldernrunii/^, ut inile leciderent
udnuMiiiix^e & exl.orlainni fuisiie : Item, inter
aiia quociuc per Ketiiani Maji state m tihi in-
juncta m mandatis td)i darum fuis^e, quod nr-
ticulum queudam, statuiu rcipublictt tunc per*
709] STATE TRIALS, 3 Edw. VI.
nicjossima rebellione proditDrum contra ilium ar-
ticulum MntieDtiuHi graviaitinie percurbats pre-
cipuecuiicement. & pnipcerca supremiim,acc«:s*
sarium, Ac spccialitcr tibi iiijunctuiu, vHelicet-/'
* Ye shall also set forth in yuur 8erm.>n, that
' our auUiority of our royal po^er is,Hi» of truth
' it is, of no lebS authority and lurce in this^oiir
' youuger age, than is and was of any of our
* predecessors, though the same wcri? much
*■ elder, as may appenr by example of Jo»ias
* and other young kings in scripture. And
* therefore all our subjects to be no le»s bound
* to the obedience of our {irecepts, hiws and
* sutatey, than if we were thirty or io:ty years
* of age/ — Apud crucem sive bujy^c stum Divi
Pkuli London, certo die tibi in ca parte pne-
kxo^ii limitato in publica tua concione, tunc
& ibidem populo recitares, & c-xplicarcs, trqne
aodo ^ forma pnemissa eunHem nrticulum
joxta mandatum,, & othcii tui dcbilum recitare
6l expUcare minime curasse, ^ed coutumacitcr
& inobedientcr omisisse, in maximum Regime
M i^ettatis contemptum, ac in cjoh rc^^ni praju-
dicuim non modicum, necnua in bubditonim
suonim malum & pcmicio«um exemplum, cnn-
tumaciamqae Ac inobedienti-.im ninltiiilirem tarn
in hac nostra inquisitiono, qnum alius perpe-
traSM, commisisbe & contr.ixishc ; Idcirco nos
Thomas Cantuariensis Archicpiscopns Primus
& Metropolttanus, judexqnc delegatus antedic-
tofy Cbristi nomine primitns invucato, ac ipsum
solum Deum oculis nostrib prir|)onentes, de Ik
cam espresso consensu punter & nssensu Cot-
kganun nostrorum praedictornm unk nobiscum
atnidentimn, deque he cum Cf)ncilio Jurispcrito-
mm, cum quibus commnnicavimus in hac
parte, Te Edmundum London. Kpiscopum
aotedictuma tuo Episcopatu Ijnvion. una cum
snisjuribus & pertinentibus commoditntibus, &
caCeris emolumentis quibuscuoquc deprivan-
dum 6c prorsus aroovendum fore do jure di*-
bere, pronuociamu?, dcccrnimus&declaramus,
pront per prssentes sic deprivnmus Ac amove-
'mus per banc nostram scntenliam deliniiivam,
sve hoc nostrum finale dccictum, quani sive
quod ferimus & promuli^^mus in his scripris.*'
Which ended, the Jiishoi) iinniedi-.tt ly did
therefrom appeal by word of niouih, allclgiuji;,
that the same sentence tlterc given u|;aiust
him, Ma^ Ux nulla^ The tenour ol whose words
I thought here to express, according us they
were by him uttered, in this wise as fullowcth :
" I Edmund bi>lio;> of London, brought in
and kept here as \\ prisoner against my consent
and will, d'> under my former protestation
hcretolbre made, and to the in re nt it ma v also
appear, that 1 have not, being so here in this
place, consented nor agreed to any thing done
against me and in my prejudice, allodge and
say that this sentence eivrn Iutu nuainst inc, is
Ux muliti ; and so far forth as it >hall appear to
be adiquOf I do say it is iniqua 6f injustUy and that
therefore I do froiuir,asi/ii7/<<i4ri/{/'<x//i, appcHl
lo the mo^t excellent and nohlc king Kdwurd
the 0th, by tlie iprace of God, king of Kngland,
Ftaacc, and IreUnd, defender of the faith, and
of Che Church of England and also Ireland,
1 550.-*::^ oppomg the Brformation, [l 1 0
next and immediarelv under God here on earth,
bupreme houd, und unto bib court of chancery
or parliament, as the laws, statutes, Hud ordi-
nances of this realm will suffer and hear in this
behalf, desiring instantly hrst, second and third,
according to the laws, letters, rtvercntial or
diinissories, tu be given and delivered unto me
in this behalf, with all things expedient, requi-
site, or necessary in any wise; and theieupon
also the said bishop required the public notary
or actuary, William Say* to make an instru-
ment, and the witness afoiesaid and oth'-r pre-
sent to record the same. To whuni so appeal-
ing, and requiring as afore, tiie said Judges de-
Ifgate suid, that ihvy will dt-clarc and signity
to the king's majesty wh.it is done in this mat-
ter, and tliprenpon » ill' defer or not deter to his
'»aid appeli ition, according iis hisgrace*» ) le.isure
and commundmeiit shall he given to them in
that behalf, and afrer ad this, the snid bishop of
London suid to them, Jam funcfi cxfis officio.
What will your grace do with me now, touching
my imprisonment? Will ye k^ep me still in
prison ? Sh/ill I not now be at liberty to pro*
secute mine appeal ? To whom the Archbi.ihop
answerii^, said. That they perceived now more
in that matter than they did ai the first, aud
that this matter is more greater lehcllion then
he is aware of, and therefore said th;it as yet
tfiey would not discharge him, and thereupon
they committed him again to his keeper in pri-
son."
Tliis talk finislioii, the Archbishop consider-
ing that most ot the audience th« re present
did not understand the meaning of the sentence
being read in the Latin tongue, said to them,
Because there be many of you here that under-
stand not the Latin tongue, and so cannot tell
nhat judgment hath l»een here i!i%-en, I s\\\\Vi
therefore .ihcw you the et)ect thereof; and
tlicrewith did declare in English tiie causes ex-
pressed in the sentence, adding thereunto these
words : *■ Because my lord of London is found
guilty in these matters, therefore we have here
by our sentence deprived him ui our bishopric
ot* London ; and this we i»hew u»io you to the
intent that from hcnctrforth ye shall not esteem
him any more :is hi<)hop of London.* Then Bon-
ner desired the archbishop to declare likewise
what he had done, and how he had appealed.
But the other, s.eing his froward conteihpt, re-
fused it, sayini;. Yon may do it yonn-elf.
Whereupon very disdain-'ully again he sM^Jam
functi estix olficir. What will y«iur grace do
with mc touching my imprisonment ? Will you
keep me still in prison? — To whom tie com-
missioners answered, that they peicf ived now
more in the matter than they did bitoie, and
that his bch iviuur was more greater rebellion
he was aware of, and therefore they would not
discharge him, hut committed him again to his
keeper to he kept in prison. W"here lie most
)ii'*tly remained until the dcsith of that most wor-
thy and godly prince king Edward 6th. After
which time ho wrouuht most horrible mischief
and cnielties agaii)*>t the saints of God, u» ap->
I^earelh hereafter throughout the whole reign
711] STATE TRIALS, 3 Edw. VI. \ 5 50.-^Pro(xedings against Bishop Bomer, [712 •
ofqucfii Mary. Tiom the cxecnting of the |
wiiicli like tvntnnv iIkj Lord of liU ureal mercv
keep all other suvU, aiiitii.
Now, iiiHuediiitcly after his deprivation, he
iTiiic th out of the Marslialsea other letters sup-
plicatory imro tito loid chancellor, and the rcbt
of tile kinu's council. Wherein he thus coin-
pU'iincth, that hy reason of the ureal enmity
thiit the duke of Sunierset and «>ir Thomas
Smith bear unto him, his often and earuest |
tiuiis unto tlie king and his council could not be
heard. He therefore ni0i>t humbly desireth
their lorfl.-^hips, for the causes aforesaid, to con-
sider hnn, and to let hini luue liberty to prose-
cute his matter before them, and he Hould
daily pray ior the i: 'od pre^i^ervation of their
honours, as apptaretli hy the words of his own
Supplication hen under following. — ^I'hus after
the ronimissioneis h;id finished with Bonner,
he bein>; now pri&oner in tiiC Marshalsca, leav-
ing no shift of the law unsought how to work
f«)r himself as wtU :is he mi:;ht, drew out a cer-
tiiinS4ipplic;ition, conceived and direciwl to the
kind's majesty, out ot the said prison of the
Marslialsea.
To the rig fit honourQvi\ mj/ Lord Chancellor of
JCnfilandj 7vith nit tht rtU of the most ho-
vouful'U J rirtf Loumil,
** Pi ka>k It your i.iost honourable pood Inrd-
fhip^ vMfli my u\n>\ hamble commendations to
understand, that alh«it heretofore I have made
Mch suit, and lo such persons as \ cannot de-
vise to make more, or to mor^^ higlier, that is
lo wit, to ihc kind's mo«^t cxcillent ni:ijesty,
and i»is most gracious per5<ins in divers sortV,
and aUo unto your most honourable j;cod loid-
^hips licinj; of his privy council, for redress of
such n<itable and manlte^t injuries and exrre-
milith as ha\e been c<miraiy to all law, honesty,
and (;ood reason inOic'ed upon me by my lord
of Canterbury, my lord of iioehesler, doctor
Smith, and d«»ctor May : yet because the said
doctor Smith luinp; a minister to the duke of
SonKi>et, and tiny b(.th my deadiy enemies,
hath j-uiidry ways J=tndied and lahonrid mv ruin
and dej-tructien, staying; and lelti-i: iierriofore
all my lawful remedies and units, haviiii: ilu rdn
1 dp and further:'nee rf thi.se two oilier af»re-
sad persons, Uiiijj ready at toot iied baml t<>
aeroinpli-h all th< ir desires and pleasures, 1
shall at thi? picfenr, h::ving lor a lime torborn
to trouble (tor |»o m| rispccts) \our most honour-
able uood loMl.slnis with any my suits, and
e««peci5dly for your o'hcr imHufold' ;ireat affairs
in the kin^*s miijestv's business, mvhe!f vet, the
itiL.wx uhi't , neiihcr wanting ^ood «\ili, nor \et
pit caH«.e ii.iip): uh: re 1 am) to make huch
suit, rti i\> my suit, and most hnrnblv beseech
> 'or ii.'»t boi:'.i,i.H>Ii- froo<l lonUi.iiis to pive
iiu" itJixc* to luakt: moil humbie ^upphcation
:«-.'ai.» j<».y.Mir *aid hnd^hips. lor honest and
lawhil liberty lo prosduie my cppcllaiion and
ftuppbcatjon heretotlire mude to the kinu^smost
f xcellent nnip sty, and accurdmg to ilie law to
make my suit tor redress of the said great h\\\
Biaiiifeit injuries, cxtrcuiiiies, and «rroii|^ done
against me by the said persons. And your
said lord^hips, over and besides the furtlierance
of justice many ways herein to me and other,
and the collection of the king's majesty *8 nib-
sidy now to be levied of the clergy in my dio-
cehe, which hitherto hath been and is stiiyed
by reason of the premises, shall also bind nie
most greatly and intirely to pray daily for the
good preservation of your said most honourable
good lordships in all honour, felicity, and joy,
long to continue and endure unto God's plea-
sure. Written in the Marshalsea, the tf6th of
October, 1649. Your lordships most faithful
and assi^rcd beadsman, Kdmund London.*'
A Supplication made and directed hi/ Kdutund
BonntVy lute Bishop of London, to the Kinti't
Majesti/y out of' the Prison of the Mariluilsta,
In the which Supplication, first after the used
form of stile, he prayed for the prosperous
estate of the king long to reign. Then he
shewed that his faithful heart and service to
him hath, is, and shall be, as it was to his father
before. Then he declared how he had been
belied of evil men, and misreportrd not to I ear
a true heart to his grace, but a rebellious mind,
in denying his royal power in his minority,
where indeed he saith, his grace should find
hhn always during life both in heart, word, and
deed to do and ackntiwltdjie otherwise, and to
1k' most willing to shew, 6:c. and to do all
other things for his grace, as willingly as any
other subject, or as thoM' ihat were his de-
nouncers, who he tlioii«:ht were not sent of his
grace, but pretended commis>ioners, &c. Fur-
ther, he complained of bis denunciation hy cer-
tain commissi>iner>, who said thev were sent br
his grace, alledgii-;: the s;ime not to be lawful ;
and of his long and sliarp imprisonment, and
that the commissiun< rsobstTved neither law nor
reasonable order, but txtrcmiiy. And where
he had made appeal to his gnicc , and he could
not have it ; he (lesired Ut haielaw to pro-ccute
and sue his appeal for hi^ remedy, and thai he,
coii^iderint! his \ocaiion, might noi Ik* shut up
and put from liberty, which lli^ meanest sub-
jects have. — Then he desired his urace*> U tiers
of supersedeas aguiiist the comnii>MO(iers, and
that the matter mii^ht l)e lie.ird belore tl:e
council, and then he th)ubted not hut lo t>e
fiund a true faithful man, and hrrein lo have
wrong. So in the end he conclude*!, this,
prosf ratine him^elf even to the very !;iound,
and humbly kis^iii^ his grace's t'eet, to be the
oiily thing which he humbly rlesiicd, tS:c.
This done, and the Suppiicati«)n perii>ed, the
kinii eltsoous ^ivfth in charge and ctminiand-
ment.to n nam men of honour and wi»r>hip,
and persons skilful in the law, as ti> the
lord Rich hiuh chancellor, the h»rd trc;isnrcr,
the lord marquis l>orset, the bi!»hop of Kly,
lord Went worth, sir Anthony Wintlielii, sir
William iiail>ert, knts. Dr. Rich, Wooiton,
£dw. Montague lorrt chief justice, sir John
Baker, knt. with judge Hales*, Jolm (vu*>n<ikJ,
Dr. Oliver, and also Dr. Layson, that they
scanning and perusing ail such acit| mattrriy
713] STATE TRIALS, 3 Edw. VI. 1550.-x/br cpposing the Rrfarmatian. [714
and iDODumetits of the said Bonner by him ex-
hibiiedy produced, propounded, tind alleged,
with all and singular hib ProtCbtations, Recusa-
tiuns, and Appellations, should upon mature
cuusidenuion thereof give their direct answer
upon the same, whether the Appellation of the
said Bonner were to be deterred unto, whether
the Sentence defined against him &tood hy the
law sufficient and eil'ectual, or not. Who cft-
* " Queen Mary no sooner ascended the
throne, than Bonner was restored to his ho-
nours, and made President of the Convocation,
instead of Cranmer now disgraced. In his new
office be displayed all the native ferocity of his
character. He not only dismissed and escom-
mnaicated several of the clergy, but he com-
mitted some hundreds to the Hauies for not re-
nouncing the doctrint^s of theHefonnation, and
on every iiccusation shewed liimself the worthy
minister of a bloody reign. On i\ie death of
Mary lie paid his rc*>pects to the new queen,
but Elizabeth turned away from a man stained
with die blood of sudering innocence, and tlie
bigoted ecclesiastic soon after, when summoned
belbre tlie Council, refused to take the oaths
of allegiauccj and was again deprived of his
bishopric, and imprisoned. He died about the
lOtb year of his confinement, 6th of September
1569, and as he was excommunicated, his body
was privately buried at midnight in St. George's
churcli-yard, Southwark, that a public cere-
mony might not draw more strongly the indit:-
nation of the populace against his remains. In
soons, after diligent discussion find considerate
advisement had of all and singular the pre-
mises gave their resolute answer that the pre-
tended appellation of Edmund Bonner afore-
said was naught and unreasonable, and in no
wise to be referred unto^ and that the sentence
was rightly and justly pronounced. And thi»
was the conclusitm of Bonner's whole matter
and Deprivation.*
his person Bonner was fat and corpulent, his
character was ferocious and vindictive, his
knowledge of divinity was not extensive, but
he was well versed in politics and canon law.
He wrote some tracts now deservedly for-
gotten." Lenipriere.
" In tlie lirst edition of Fox's Acts and
Monuments, there is a wood* n print of Bon-
ner in the act of whipping Thoinas Hnihhawe.
Sir John iJarrin;;ton tells us, that ' when Bon-
ner was sheivn this print in the book o\' Mar-
tyrs on purpose to vex him, he laughed at it
saying, A vengeance on the fool, hoiw could he
get my picture drawn so right.' ihis man,
whom nature seems to have designed for an
executioner, was an ecclesiastical ju ige in the
rei^n of Mary. He is reported to have con-
demned no less than 200 innocent person^ to
the Uames ; and to have canned great numbers
to suffer imprisonment, racks, and tortures,
lie was remarkably fat and corpulent; which
made one say to him, * that he was full of guts,
but empty of bowels.' lie died in the Mar-
shalsea, tne 5th Sept. 15(59." Grmnger.
46. Proceedings against Sir James Hales, Justice of the Court of
Common Pleas, for his conduct at tlie Assizes in Kent :
1 Mary, a d. 1553. [3 Fox's Acts and Monum. I9. Somcrs'
Tracts'^ 2 coll. vol. 95>]
life in queen Mary's cause, in that he would
not subscribe to the uninheriting of her by
the king*:i will, yei for that he did at a quarter
sessions give charge upon the statutes made in
the time of kinj; Hrnry the 8th .and Edward
the (3th, for the supieuiacy and religion, he
was imprisoned in the Mar.slial:>ca, Counter,
and Flet*', and so cruelly handlcl and put in
fear by talk that the Warden of the riett UM^d
to have in his hearing, of such torments as were
in preparing for heretics (or for wh.it other
cause Cod knoweth; that he sought to rid him-
self out of titis life hy mounding hnnsclf with a
knife; and afterwaid was contented to say as
they willed hiin: thereupon he was discharged,
but after that he never reeled till he had
drowned himself in a river, half a mile from hit
hou<:e in Kent.
AlR. Fox introduces this short but interesting
procedure thus :
The Hrst day of October 1553, queen Mary
was crowned at Westn)in:>ter, and the lOih of
the same month of October then following; br i;an
the parliament with a solemn mass of the Iluly
Ghoiit, after the popish manner, celebrate'! with
great pomp in the palace of Westiiuntier.
Mass beiiii^ done, the (|ucen, accom|>anicd
wi'h the estates of the realm, was bruuglit into
Uu: parliament house, there according to the
manner to enter and begin the consultation, at
which consultation or parliament were repealed
alt statutes Htiule in the lime ot king llemy the
8th fur Premunire, and statutes made in kuig
Edward the 6th*s time for Admini>tration of
Cumnion I'niyer and the bacraincnt in the Kns-
li«h tongue. And t>uch as would stick to the
liw^ mitde in king iMlward's time, till others
ibuuld be established, 'Sonie oii them were
marked, and some presently apprehended.
AiDong whom bir James Hales, a knight of
Kent, anil justice of the common picas, was
•oe; who ootwithitaiiding he had ventured his
The CoMMUNiTATiOK bctjcecn the Jjird Chan-
cellor (Stephen (Jurdmcr bish^tp'of W'incheB^
ter) und Jud^e Hales , Uing there amon^
oihtr Judges, to take hU Oath in ^'atminster
Hall, Oct. 6, 1553.
715] STATE TRIALS, 1 Mary, ISSy-^Proeeedings agakui Latfy Jane Gr^, [716
God hath ^ven me, I will do nothing but I
will maintain it, and abide in it : and if my
goods and all that I have be not able to coun-
terpoise the case, my bodj shall be ready to
serve the turn ; for they be all at the queen's
highness pleasure.
Cha, Ah sir, ye be very quick and stout in
your answers. But as it should seem, that
which you did was more of a will fjetvouring the
opinion of your religion against the sen'ice
now used, than for any occasion or zeal of
justice, seeing the queen's highness doth set it
forth as yet, wishing all her faitiiful subjects
to embrace it accordingly : and where yon
oiier both body and goods in your trial, tliere
is no such matter required at your hands, and
yet ve shnll not have your own will neither.
iteUet, My Lord, I seek not wilful will, hot
to shew myr»elf as I am bound in love to God,
and obedience to the queen's majesty, in whose
cause willingly for justice sake, all other res-
pects set apart, I did of late, as your tordship
knoweth, adventure as much as f hod. And
as for my religion, I trust it be such as pleaseth
God, wherein I am ready to adventure as well
my life as my substance, if 1 be called there-
unto. And so in lack of mine own power and
will, the Lord's will be fulfilled.
Cluin, Seeing you be at this point master
Hales, i will presently make an end with you.
The queen's highness shall be informed of your
opinion and declaration. And »s her grace
shall thereupon determine, ye shall ha%-e know-
ledge. Until such time us ve may depart as
ye ciinie, without y hit oath : for as it ap-
peal eth, ye are scarce Morihy the place ap-
pointed.
Halts, r thank your lordship : and as for
my vocation, beiuti; both a burden and a
charji^e more thtm ever 1 desired to take upon
uie ; whensoever it slmll plea«e the queen's
hi^hne>s tocHse me thereof, I shall most hum-
bly with dueconteniarion obey the same ; and
so he dei)arted from the bar.
Not many days after this Communication, or
codoquv, in WeKtminstcr-liall, which was Oct.
6, 1553, Master Hnles at the commandment
of the bishop wns committed to the KingV
bench, where he remained consUmt until Lent :
then was he removed to the Counter in Bread
street, and afterward from thence was carried
to the Fleet. What afterwards befell him, has
been before related.
MASTEa Hales, ye shall understand, that
like as the queen's highness hath heretofore .
conceived i^ood opinion of you, especially for
that ye stood both faithfully and lawfully in her
cause of just succession, refusing to sec your
hand to the book among others that were against
her grace. in that behalf: so now, through
your own late deserts against certain her high-
ness's doings, ye stand not well in her grace's
favour : and therefore before ye take any oath,
it shall be necessary for you to make your pur-
gation.
Hales,' I pray you, my lord, what is the
cause ?
Chan. Information is given, that ye have in-
dicted certain priests in Kent for saying mass.
Hales, My lord, it is not so, I indicted
none ; but indeed certain indictments of like
matter were brought before me at the last
assizes there liolden, and I gave order therein
as the law rcqnired. For I nave professed the
law, against which in cases of justice I will
never, God willing, pmceed, nor in any wise
dissemble, but with the same shew forth my
conscience, and if it were to do again, I would
do no less than I did.
Cha. Yea, master Hale^ your conscience is
known well enough, 1 know you lack no con-
science.
Hales. My lord, you may do well to search
your own conscience ; for mine is better known
to my:>elf than to you : and to be plain, I did
as well use justice in your said mass case by
my conscience, as by law, wherein I am fully
bent to stand in trial to the uttermost that can
be objected. And if I have therein done any
injury or wrong, let mc be judged by the law ;
for I will *^eek no better defence, considering
chiefly that it is my profession.
Cha. Why master Hales, although yon had
the rigour of the law on your side, yet ye
might have had regard to the (|uccu'> highniss
present doings in that case. And further, al-
thout^h ye seem to be more than precise in the
law, yet I think yc would be very loth to yield
to the extremity of such advantage as might be
gathered against your proceedings in the law,
as ye have sometime taken upon you in place
of justice, and if it were well tried, 1 believe
ye should not be well able to stand honestly
thereto.
HaUs, My lord, I am not so perfect, but
I may err for lack of kno\* ledce. But both in
conscience, and such knowledge of the law as
47. Proceedings against Lady Jane Grey, and Others, for Treason:
1 Mary, a.d. 1553. [3 Fox's Acts and Monuments, 13. Bib.
Cott. Somers' Tracts, 4 coll. vol. 1, p. 174. Biog. Brit.]
What time, says Fox, king Edward by
long sickness began to appear more feeble and
w«3i, in the mean while during the time of
this bit sickness, a certain marriage wju pro-
vided, conduded, and shortly alto upon the same
solenmised in the month of May, between the
lord Gilford, son to the duke of Nurthumber*
land, and the lady Jane, the duke of Sulfblk*s
daughter ; whose n>other being then alive, was
daughter to Mary, king Henry's second sister,
717] STATE TRIALS, 1 Maky, I boS^^and others, far High Tretuon. [718
«ho first wfts married to the French king, and | brotlier the king, our Lite sovereign lord, i»
departed to God*s mercy ; which news how
woeful they be unto our heart, lie only know-
eth, to whose will and pleabure we must, and
do humbly submit us and our wills. But ia
this so lamentable a c:isc, that is to wit, now
after liis majesty's departure and death, con-
cerning the crown and governance of this
realm of England, with the title of JFrance, and
all things thereto belonging, whnt hath been
. provided by act of parliament, and the testa-
ment and last will of our dearest father, besides
other circumstances advancing our right, you
know, the realm, and the whole world knoweth,
the rolls and records appear by the authority
of the king our said father, and the king, our
said brother, and the subjects of this realm ; so
that we verily trust that there is no good true
subject, that is, can, or would pretend to be
ignorant thereof: and of our pait we have of
ourselves caused, and, as God shall aid and
strengthen us, shall cause our eight and title in
this behalf to be pubhihed and proclaimed ac-
cordingly. And albeit this so weighty a matter
seemeth strange, that our suid brother dying
upon Thursday at night last past, we hitherto
had no knowledge from you thereof, yet we
consider your wisdom and prudence Xa be sucb^
that having eftsoons amongst yuu debated,
pondered, and well weighed this present ciise
with unrestate, with your own estate, the com-
mon-wealth, and all our honours, wc shall and
may conceive great hope and trubt with much
assurance in your loyalty and service, and
therefore for the time interpret and take things
not to the worst ; and that ye will, like noble-
men, work the bebt. Nevertheless we are not
ignorant of your consulr:)tiniis to undo the pro-
visions made for our preferment, nor of tiie
great bunds and pruvifdons forcible wherewith
yc be assembled and prepared, by whom, and
to what end, God and you know, and nature
can but fearsome e\il. But be it that some
cpnsideration politic, or whatsoever thing el»e
hath moved you thereto, yet doubt you not my
lords, but we can take all these your doings in
gracious part, being also right ready to remit
and fully punlon the same, and that freely, to
eschew blood-shed and vengeance against all
thohe that can or will intend the same, trusting
also assuredly you will t;tke imrl accept this
lupenor unto him, being instructed of a muster I grace and virtue jn good part as ap|)(>rtaineth,
right nobl} learned. If her fortune had been | and thiit we shall not be inforced to use tlie
»3 good qs was hcrbiincing up, joined witli , service of other our true subjects and friends,
fineness of wit, undoubtedly she nii;4ht have , whicii in this our just and ri^ht cause, God, in
Kfaied comparable not only to the Ixmse of I whom our whole atViance is, shall send us.
Vespasiaiis, bemprcnians, and mother of the I Whercft^re iiiv lord;?, we reijiure yi>u and charj^e
Gracchies, yea, to any other women beside, i yuu, and every of you, that of }onr ai!egi:!ucc
tfiat deserved hit^h praise for their singular , which you owe to Go<l and us, and t«> none
learning ; V>ot also to the university-men, which I o; her, for our honour and the surety of our
biie r-ik(n many decreet of the schools. person only imploy y(»urselves, and forth\%ith
In tlie iiiC'un tijnc while lhp«»e thinj»s were a upon receipt Iiereof, cause our rinht an<l title
afterward to Charles, duke of SulTolk. But to
make uo long tarriaqce hereupon, the marriage
being ended, and the king waxing every day
more sick than other, whereas indeed there
seemed ia him no hope of recovery, it was
brouf^t to pass by the consent not only of the
Dobihty^ but also of the chief lawyers of the
realm, that the king by his Testament did ap-
Soint the foresaid lady Jane^ daughter to the
uke of Suffolk, to be mheretrix unto the crown
of England, passing over his two sisters, Mary
and Elizabeth. To this Order subscribed all
the king's Council, and the chief of the nobility,
the mayor and city of London, and almost all
the ju<^e8 and chief lawyers of thb realm,
laviog only justice Hales of Kent, a man both
ikvouring true religion, and also an upright
judge, as any hath been noted io this reahn,
nbo, giyiog bis consent unto lady Mary, would
in no case subscribe to lady Jane. The causes
laid against lady Mary, were as well for that it
was feared she would marry with a stranger,
aod thereby intangle the crown ; as also that
•he would clean alter religion, used both in
king Henry her fatlier, and also in king Edward
her brother's days, and so bring in the po[>e, to
the utter destruction of the realm, which in-
deed afterward oame to pass, as by the course
aod sequel of tbW story may well appear.
Much probable matter they had thus to con-
jecture ot her, by reason of her great stnbborn-
oess sliewcd and declared in her brother's days,
as in the letters before mentioned, passing be-
tween her and king Edward, and the council,
may appear. The matter being thus concluded,
and after confirmed by every man's hand, king
Edward, an imp of so great hope, not long after
this departed by the vehemency of his sickness,
when he was 16 years of a^i^c ; with whom also
decayed in a manner the whole flourisliiiig
estate and honour of the Endish nation.
When king Edward wab dead, this Jane was
established in the kingdom by tlic nobles con-
sent, and was forthwith published queen by
proclamation at London, and in other cities
where was any great resort, and was there so
taken and named. Between this yoHUg dam-
lel and king Edward there was little difference
in age, though in learning and knowledge of
the tongues she was not only equal, but also
workime ut London, .Mary, whiiMi had know,
letlge of her broth(-r*s dfNith, writeih to the
LinU of the (.'ouncil in form as foUowc-th :
" My lords, we pnet vou \\ell, and have re-
ceived sure adveniscmciit, that uur dearest
to the rrov\n and j;«i\ eminent ot" this lealni to
be protlaimed in our city of D-ndon and (Jiher
places, as t » your w imIoius >«hall s.em t:'>'>d, and
as to this cr.Hf appfrtainetii, not fuilini; hereof
as our \eiy tiust is in you. And thus ou** ^t^^^tr.
719] STATE TRIALS, 1 Mary, \ 553. --Proceedings tigainst Lady Jane Crty, [720
signed with our li*and, shall be yuur sii(tioient
ivurraiir lii fhi:» behalf*. Given under our signet
at iMir manor of Kcniug-lmll, the Qth of July,
155" *•
*o.
To ihis letter of the hidy Mary, the lords of
the Council make answer ngain, a:> foUoweth :
** Mad:uu, we have received your letters the
9th of tUi» inst:Mit, declaring your supposed
tide, which \iu iudj'e vourself to have to the
imperial crown oi this realm, nnd all the domi-
nions thereunto belongiiig. For answer where-
of, this is to advertise you, that for as much as our
sovereign lady queen Jane is, aflcr the death of
^ur s /vereign lord Edwaitl the 6th, a prince of
most nohle memory, invested and possessed
with the just and right title in the imperial
crowu of this realm, not only by good order of
old ancient laws of this realm, l)ut also by our
late sovereign lord's letters patents signed with
his own hand, and sealed with the great seal
of England in presence of the most part of the
nobles, counsellors, judges, with divers other
grave and sage 'personages, assenting and sub-
scribing to the same : we must therefore, as of
most bound duty and allegiance, assent unto
ber said gntce, and to none other, except we
should, which faithful subjects cannot, full into
grievous and unspeakable enormities. Where-
fore ue can no less do, but for the quiet both
of the realm and you also, to advertise you,
that forasmuch as the divorce, made between
the king of famou<> memory, king Henry the 8th,
and the lady Catharine your mother, was ne-
cessary to be had both by the everlasting laws
of God, and also by tlie ecclesiastical lawb, and
by the most part of tiie noble and learned uni-
versities of Christendom, and confirmed also
bj the sundry acts of parliaments remaining
yet in their force, and thereby you justly made
illegitimate and unheritable to the crown impe-
rial of this realm, nnd the nilcs, and dominions,
and posses»»ions of tiic same, you will upon just
conjiideralion hereof, and of divers other causes
lawful to be alledged for the same, and for the
just inheritance of the right line and godly order
taken by tlie late king our sovereign lord kiiii;
Edward the 6th, and aiireed upon by the nobler
and great personages aforesaid, surcease by any
pretence to vex and molest any of our sove-
reign lady queen Jane her subjects from their
true faiih and allegiance due unto her ^ra.'e :
assuring you, that if you will for le^pecl shew
yourself tjuiel and obedient, as you ought^j^'ou
slnUl lind us ;dl and several ready to do you
aiiy sei\ice that we with duty may, and glad
with your quietness to preserve the ronnnnn
irate of this realm : wherein you may be other-
wise iirieiousunto us, to youisel*', and to ihcm.
And thus we bid yon most heartily well to fare. I
From the Tower «»f J-«>ndon, thin 9ih of July, i
15.'>3. Your ladyship'* friend>, shew in'^ your-
self an obedient subjecr, Thoniiis Canterbury, I
the marquis <*f Winchester, John Bedford, |
Will. Northampton, Thomas Ely chancellor, j
|4orthuniberiand, Henry Suffolk, Henry Arun-
del, Shrewsbury, Pembroke, CoUhnm, R. Rich,
Uuutiu^duny Darcy, Cheyney, R. Cotton, John
Gates, W. Peter, \V. Cecill, John Cheele,
John Mason, Edw. North, R. Bowes/'
All these aforesaid, except only the duke of
Northumberland, and sir John Gates, after-
ward werw either by special favour, or special
or general pardon, discharged.
Aftei" this Answer received, and tlie minds
of the lords perceived, lady jMary speedeth her-
self secretly away far otT from the city, hoping
chiefly upon the good will of the commons, luid
yet perchance not destitute altogether of the
secret advertisements of some of the nobles.
When the Council heard of her sudden depar-
ture and perceived her stoutness, and that all
came not to pass as they supposed, they ga-
thered speedily a power of men together, ap-
pointing an army, and first as»i<4ncd that the
dukeof Suffolk should take that enterprise in
hand, and so have the leading of the b;md.
But afterward altering their minds, they thouiihc
it best to send forth the duke of Xorthumber-
liuid, with certain other lords and gentlemen,
and that the duke of SuOidk should keep the
Tower, where the lord Gilford and the lady
Jane the same time were lodged. In tlie
which expedition the guard aUo, sdbeit tliey
were much unwilling at the first thereunto, yet
notwithstanding, tlirough the vehement persua-
sions of the lord treasurer, master Chondey,
and other, they were induced to absist the duke,
and to set I'orward with hiin.
These things thus a<:reed upon, and the
duke now being set forward utter the best
array out of London, having notwithstanding
his times prescribed^ and his journey appoint-
ed by the council, to the intent he mi^ht not
seem to do any thing but upon wju-rant. Mary
in the mean while to^'»ed with much travel up
and down, to work the surest %\ay for her best
advantage, withdrew herself into the quarters
of Norfolk and i?uff()lk, where she understood
the duke's name to be had in much hatred for
the service that had been done there of late
under king Edwiini, in >ubduing the rebels,
and there gatliering to her such aid of the
commons in every side as she mivht, keeping
herself close for a space within riemin^^haui
cjistle. To whom firr^t of all resorted the Suf-
folk men; who hein*; always forward in pro-
moting the proceeiiin::s of the (tosue!, pro-
mised her their aid and help, so that she would
not attenqjt the alteration of * the religion,
which her brother kiiij; K<lward h:id before es-
tablished, by laws and <rrdcrs publicly enacted,
and received by the consent of the wiiole realm
in that behalf.
To make the ma*.tcr short, nnt») this condl-
tir;n j>he eftsoons a«;reed, with such pr(Miii>e
made unto them thai no innovation should be
made iti' relijrion, as that no man nould or
could then have miNdouht(d her. Which pn^
R;is(', if she had as onijtanrly kept, as ihey
dil \%illinvrly preserve her with their bodies and
weapons she had done a deed both worthy
her blood, and had also made her reign nif>re
stable to herself through former tranquillity.
For thou(;h a man be iie\er so puis^ubl of
721] STATE TRIALS, 1 Mary, 1553 and othm, for High Treason. [722
DOwer, yet breach of promise is an evil u|>-
bolder of quietness, fear is worse, but cruelty is
the worst of all.
Thus M:iry being guarded with the power of
the Gospellers, did vanquish the duke, and all
those. that came with her. In consideration
whereof it was an heavy word that she answer-
ed to the Suflfoik men after warcft, wliich did
make supplication to her grace to perform her
promise : Forsomuch, saith she, ns you being
but members desire to rule your head, you shall
one day well perceive, that members must
obey their head, and not luok to bear rule over
the same.. And not only that, hut also to
cause the more terror unto other, i^certain
gentleman named master Dobb,dwelnitig about
Wyndham side, for the same caune, that is, for
advertising lier by humble request of her pro-
nise, was punished, being three sundry tunes
set on the pillory to be a gazing stock unto all
men.
On the contrary sn]e, the duke of Northum-
beriand having his warrant under the broad
seal, with all furniture in readiness, as he took
liis voyage, and was now forward in liis way ;
what ado there was, what stirring on every side,
what sending, what riding and posting, what
letters, messages, and instructions went to and
fro, what talking among the soldiers, what
heart-burning among the people, what fair pre-
tences outwardly, inwardly what privy practices
there were, what speeding of oidi nance daily
and hourl? out of the Tower, what rumours
and coming down of soldierw from all quarters
there was ; a world it was to see, and a process
to declare, enough to make a whole llins. The
greatest liclp that made for the lady Mary was
the short joumeystf>f tbe duke, which by com-
mission were assigned to him before, as is
abovcmcntioned. For the longer the duke lin-
ftered in his voyage, the lady Mary the more
locreased in puissance, the hearts of the people
being mightiiy bent unto her. Which alter
the council at London perceived, and under-
stood how tho common multitude did with-
draw their hearts from them to stand with hrr,
and that certain noblemen began to f^o the
other way, they turned their song, and pro-
daimedfor quten the lady Mary, eldest daugh-
ter tolling Henry Stli, and appointed by par-
linmetft to succeed king Edward dying without
issoe:
And so tbe duke of Northumberland, being
by«counciI and advice tent forth aguinst her,
w li left destitute, and fors:ikcn alone at Cam-
bridge with some of his sons, and a few other,
ftMioug whom the enrl of Huntin^';don was
anc: wbu thfre were arrested and brought to i
the Tower of London, as traitors to the crown,
tiotwitlistanding that he had there piocluimed
her queen before.
Thus have ye Mary now made a queer, and
the sword of authority put into her hand.
Therefore when she had been thus advanced
by the Gospellers, and saw all in quiet by
means that her enemies were conquered, send-
iflf the duke captive to the Tower before,
VOL. I.
which was the 25th of July, she followed not
long after, being brought up the 3d day of Au-
gust to London, with the great rejoicing of
many men, but with a greater fear of more, and
yet with flattery, perad venture most great, of
feigned hearts.
Thus coming up to London, her first lodging
she took at the Tower, vihereas the foresaid
lady Jane with her hush^ind the lord Gilford, a
little .before her coming, were imprisoiu'd ;
where they remained waiting her pleusarc al-
most five months. But the Uuko, within a
month after his coming to the Tower, being
adjudged to death, was brought forth to the
scaffold, and there beheaded. Albeit he hav-
ing a promise, and being put in hope of pardon
(yea, though his head were upon the block) if
he would recant and hear mas«, consented
thereto, and denied in words that true religion,
which before time, as well in king Henry B'ths
days, as in king Rdward*s, he had oil evidently
declared himself both to favour and further :
exhorting also the people to return to the ca-
tholic faith, as he termed it. Whose recanta-
tion the papists did forthwith publish and set
abroad, rejoicing not a little at bis conversion
or rather suhversion as then appeared.
Thus tb.e duke of Xorthumberland, with sii
John Gues, and sir Thomas Palmer, (which
Palmer on the other side confessed his faith
that he had learned in the gospel, aiul lamented
that he had not lived more gospel like) being
put to death ; In the mean time queen Mary
entering thus her reign wiih the blood of these
men, besides hearing mass herself in the Tower,
gave a heavy shew and signification hereby, but
especially by the sudden delivering of Steven
G.'irdincr out of the Tovier, that she was not
minded to stand to that which she so deeply
had promised to the Suffolk men before, con-
ceriung the not subverting or altering the state
of religion, as in very deed the sunnise of the
people was therein nothing deceived.
The 3rd ol' February, the lord Cobham was
committed to the Tower, and master Wyui en-
tered into Southwark. Who, forsomuch as he
could not enter that way into Lf)ndon. return-
ing another way by Kingston with his army,
cune up through the streets to Ludg:ite, and
returning thence, he was resisted at 'I'emplc-
Bar, and there yielded himself to sir Clcmeia
Parson, and so was brought by him to the court,
and with him the residue of his army, for be-
fore, sir George llarpar and ahnost halfof hil
men ran away from him at Kingston bfidke,
were air>o taken, and about an huutlrcd killed,
and they that were taken were hu<i CQ^prison,
and a oreat many of them were hanged,]and l>e
himielt afterwar.l executed at the ToVer hill,'
and then quaride;!; whose head after benig
«etup upon lla*hii!, was thence stolen away, and
great Sv arch made for the same. Of which
story ye shall hear more, the Lord willing, here-
after.
The 12ih day of Feb. w«s bclicaded the lady
Jane, to whom was tent nxaster Fecknam,
alias liuwxxian, from the queen, two days before
3 A.
723] STATE TRIALS, 1 Mary, 1 5 53. -^Proceedings against Ladjf Jane Gny, [724.
her death, to commune with her, and to reduce
her from the doctrine of Christ to Dr. Mar)'*s
religion. Ti»e clTtct of which Communication
here foUoweth :
I'he Commvnitalion had beturcn the Lad^
Jane and Fechnam.
Tccknam. Madam, I lament vuur l)cavy
case, and yet I douht not, but that you bear
out tliis sorrow of yours wiili a coubtant and
patient mind.
Jane, You are welcome unto me, iir, if your
coming be to give christian exhortation. And
as lor my heavy case, I thank (>od, I do so ht-
tle lament it, that rather I account the same
for a more manifest declaration of (iod*s favour
toward me, than ever he shewed me at any
time before. And therefore there is no cause
why either you, or other which bear me good
will, should* lament or be grieved with this my
case, being a thing so prolitable for my souPs
health.
Ftck. I am here come to you at this pre-
sent sent from the queen and her council, to
instruct you in the true doctrine of the right
faith : although I have so great confidence in
you, that I shall have, I trust, little need to
travail with you much therein.
Jane. Forsooth, I heartily thank the queen's
highness, which is not unmindful of her humble
subject : and I hope hkewise that you no less
will do your duty therein both truly and faith-
fully, according to that you were sent for.
i\ck. What is then required of a Christiim
man ?
Jane. Thai he should believe in God the
Father, the Son, and the Holy Ghost, three per-
sons and one God.
Feck, What? is there nothing else to be
required or looked for in a Christian, but to be-
lieve in him ?
Jane. Yes, we must love him witli all our
heart, and with all our soul, and with all our
mind, and our neighbour as ourself.
Feck. Why? then faith justifieth not, nor
saveth not.
Jane, Yes verily, faith, as Paul saith, only
justifieth.
Feck. Why? St. Paul saith, if 1 have all
faith niihout love, it is nothing.
Jane, True it is ; for how ran I love him
whom I trust not ; or how can I trust him
whom 1 love not? Faith and love go both to^-r-
ther, and yet love is comprehended in faith.
Feck, How shall we love our neighbour ?
June. To love our neighbour is to feed the
hungry, to cloath the naked, and give drink to
the thirsty, p.nd to do to him as we would do to
our selves.
Feck. Why ? then it is ncccssiir}' unto sal-
vation to do good works also, and it is nut autfi-
cient only to believe.
Jane, I deny that, and I atfirm that faith
only saveth : hut it is meet for a C^iristian, in
token tliat he foUoivetli his master Christ, to do
Saod works, yet may we not wiy that ihey pro-
t to oar stuliatioui Tor vvhen we luive done
all, yet wc be unprofitable servants^ Mid fiuch
only in Christ's blood saveth us.
Fi'ck, IIovv many Sacraments are there?
Jane, Two. The one the Sacrament of
Baptism, and the other the Sacrament of ttie
Lord's Sujiper.
Feck. No, there are seven.
Jane. Ry what Scripture find you that?
Feck, Well, we will talk of that hereafter.
But uhut is signified by your two Sacraments?
June. By the sacranu-nt of Baptism I am
wasi.cd with water and regenerated by the
spirit, and that washing is a token to me that I
aiu the child of God. The Sacrament of the
Lord's Supper oflered unto me, is a sure seal
and teOnouy that I am, by the blood of Christ
tvhich he shed for me on the cross, made par-
taker of the everlasting kingdom.
Feck, Why ? what do you receive in that
Sacrament ? Do you not receive the very body
and blood of Christ?
Jane. No surely, I do not so . believe. I
think that at the Supper 1 neither receive flesh
nor blood, hut bread and wine : which bread
when it is broken, and the wine when it is
drunken, putteth me in remembrance howthat
for my sins the body of Chiist was broken, and
his blood' shed on the cross, and with that bread
and wine I receive the benefits that come by
the breaking of his body, and shedding of bis
blood for our sins on the cross.
Feck. Why ? Doth not Christ speak tliesc
words, * Take, eat, this is my body ?' require
you any plainer words? doth he not say it is
his body ?
Jane._ I grant he saith so; and so he ^itli,
' i am t4ie vine, I am the door,' but he is never
the more for the door nor the vine. Doth not
Saint Paul say, * He calleth things tluit are not
as though they were ?' God forbid that I should
say, that I eat the very natural body and blood
of Christ ; for then either I should pluck away
my redemption, or else there were two bodies
or two Christs. One body was tormented on
the cross : and if they did eat another body,
then had he two bodies; or if his body wer«
eaten, then was it not broken upon the cross,
or if it were broken upon the cros% it was not
eaten of his disiples.
Ftck, Why? Is it not as possible that
Christ by his poxuT could make his body botii
to be ca'.en and broktMi, ami to be born of a
uninan without teed of man, as to walk upon
the sea having a body, and other such like mi-
racles as he wrought by his poi^er only ?
June. Yes verily ; if God would hiive done
at his Supper any miracle, he mi^^ht have done
so : but 1 ^.ay that tiien he minded no work uor
miracle, but only to break his body, and shed
his blood on the cross for our sins. But I praj
you to ans\%er nic to this one question : wliere
was Christ, when he aaid, ' Take, eat, this is
mv body ,' Was he not at timetable when he
said M)? he wns at tliat time alive, and sufilered
nut till the next day. What took lie bat breed,
wlijt br.ikc he hut bread ? And what pnre he
but bread? Look nbat he took, be brake : Aod
725]
STATE TRIALS, 1 Maiiy, }553.''^ndother8,for High Treason.
[726
look what he brake, he gave ; and look what
he gave, they did enc : and yet ail this while he
himself was aHve; and at supper before his
discipleSy or else thcjr were deceived.
Feck, You ground ypur I'aith upon such
authors as say and ur.say botii with a l»reatli,
and not upon the church ; to whom ye ought
to cive credit.
Jane. No, I (ground my faith on God's word,
•nd not upon the Church. For if tiie Ohurch
be a good Church, the Hiith of the L hurch must
be tried by God*s word, and not God's wcjrrl
by tlie Church, either yet my faith. Shall I
believe the Church because of antiquity P or
shall I eive credit to the Church that tuketii
awcy from me the half part 6f the Lord*s
Supper, and will not let any man receive it in
both kinds? Which thing if they deny -to w,
tlieo deny ilicy to us part of our salvation.
And I say that it is an evil Ciiurch, and not the
spoQse of Christ, but the spouse of the devil,
that altereth the Lord's Supper, and both tak-
eth from it, and addcth to it. To that Church
(say I^ God will add plagues, and from that
Church will lie take their part out of the book
of life : do they learn that of Saint Panl when
he ministered to the Corinthians in both kinds ?
shall I believe this Church ? God forbid.
Feck. That was dene for a good intent of
the Church Co avoid an heresy that sprang on
it.
Jqne, Why ? shall the Church alter God's
will and ordinance for good intent ? IIow did
king Saul ? tlie Lord God defend.
W'ith these and such like persuasions he
wouhl have had her lenn to the Church, but it
wouhl not be. There were many more thing»
whereof they reasoned, but these ivere the
chiefest. After this. Feck nam took his leave,
tayinir, that he was sorry for her ; for I am sure
<)ttoth he, that we two shall never meet.
Jane, True it is (said she) that we shall never
meet, except God turn your heart. For I am
assured, unless you rei)ent and turn to God,
jou are in an evil case : and I pray God, in
the bowels of his mercy, to send you his holy
spirit : for he hath given you his great gift of
utterance, if it pleased him also to open die
ryes of your heart.
A Letter of the iMdt/June icnt unto her Father,
*' Father, altliough it hath pleased God to
luuten my death by you, by whom my life
ahould rattier have been lengthened : yet can
I fo patiently take it, as I yield God more
hearty thanks for shortening my woefiil day%
Uiao if all the world had been given unto my
poMetfions with life lengthened at my ow n will.
And albeit I am well assured of your impatient
doliiorsy redoubled manifold ways, both in be-
waiJiog your own woe, and especially (as I
l«car) my unfortunate state, yet my dear father
(if I may witliuut offence rejoice in my own
iniibapt) me seems in this 1 may account my
self bleiscd that washing my hands with the
iimoeeocy of my fact, my guiltless blood may
ctf bcTort th^ Lord, Mercy to the iauocent.
And yet though I must needs acknovi ledge,
that bemg constrained, and, as you wot well
enough, continually assayed, in taking upon
me I seemed to consent, and therein gnevously
otVended the queen "and her laws: yet do I as-
suredly trust that this my oHence towards God
is so much the less, in that being in so royal
estate as I was, mine inforced honour blended
ne\er with mine innocent heart. And thus,
giyjd father, I have opened unto you the state
wherein I pie>ently stand. Whose death at
hand, ahhouiih t<> you perhaps it may seem
ri^ht woeful, to me there is nothing tlmtran
be more welcome, than from this vale of mi-»
sery to aspire to that heavenly throne of all joy
and pleusu^ with Christ our Saviour. In
whose steadfast faith (if it may be lawful for
the daut* liter so to write to the father) the Lord
that hitherto hath strengthened you, so con-
tinue you, ttiat at the last we may meet in hea-
ven with the Father, tlie Son, and the Holy
Ghost.''
A Letter zcriftm hi/ the lady Jane in the end of
the New Testaweut in Greck^ the which the
ieiU unto her sialcr lady Catherine, the night
before the tuffercd,
" 1 UAVE here sent you, good sister Cathe-
rine, a book, which although it be not out-
wardly trhnmed with gohl, yet inwardly it is
more worth than precious stones. It is the
book (dear sister) of the law of the J-K)rd. It is
his testament and last will which he bequeathed
unto us wrt'tches : which shall Icmd you to the
path of eternal joy, untl if you with a good
mind read it, and with an earnest mind do
purpose to follow it, it shall brink; you to an
immortal and everlastinc; life. It shall teach
you to live, and learn yim to die. It shall win
you moie than yofik should have gaincnl by the
possession of your woful father's lauds. For,
as if God had prospered him, you should have
inherited his lands ; so if you apply dilitiently
this book, seeking to direct your life after it,
you shall be an inheritor of such riches, us nei-
ther the covetous shall withdraw from you, nei-
ther thief shall steal, neither yet the moths
corrupt. Desire with David, good sister, to
understand the law of the Lord God. Live
still to die, that you by death may purchase
eternal life. And trust not that the tenderness
of your age shall lengtlien your life ; for as
soon (if God cidi) goeth the young as the old,
and labour always to learn to die. Defy the
world, deny the devil, and despise the flesh, and
delight yourself only in the Lord. Be penitent
for your sins, and yet despair not; be strong in
fliith, and yet presume not ; and desire with
St. Paul to be dissolved and to be with Christ,
with whom even in deatli there is life. Be like
the good servant, and evan at midnight b«
waking, lest when death cometh and stealcth
upon you as a thief in the night, you be with
the evil servant found sleeping, and lest for
lack of oil, you be found like the live foolish
women : and hke him that had not on the wed-
ding garuiunt^ and th«n ye be cast out fJDom the
727] STATE TRIALS, 1 Mary, IbS^.—I'roceedmgs against Lady Jane Grey, [728
goodnc«9, to deliver uie, sorro^vful wretch (for
whom tliy so*i Ciirist shed his precJ(»U9 blood
on the cross) out of this miserable captivity aud
bondage, wherein I uni now. How long wilt
th(;ii be absent ? Fur ever? Oh Lord, bast thou
lor^^otten to be (gracious, and bast thim shut up
thy loving kincin&>s in displeasure ? Wilt tliuu
be no more intreuted ? Is thy mercy clean gone
for ever, and thy promise come utterly to an
end forcvermoie? Why does t thou make so
long tarrying? shall I despair of thy mercy O
God ? Far be that from me. I am thy work-
mansbip created in Christ Jesus : give me grace
therefore to tarry thy leisure, and patiently to
bear thy works ; as<>urediy knowing, that as
thou canst, so thou wilt deliver me, when it
sliiUI please thee, notliin*; doubting or mistrust-
ing thy goodness towards me : for thou know-
est better what is good for me than 1 do :
therefore do with me in all things what thou wilt,
and plague me what way thou wilt. Only in
the mean time arm me I beseech thee with
thy armour, that I may stand fast, my loins
being girded about with ncriiy, having on the
breastplate ofriuhteousness, and shod with the
shoes prepared by the gospel of peace ; above
all tilings taking to me the shield of fnith, where-
with I may be able to quench all the fiery darts
of the wicked, and taking the helmet of salva-
tion, and the sword of the spirit, which is thy
most holy word : praying always with all man-
ner of prayer and supplication, that I niny
refer myself uheilly to thy will, abiding thy
pleasure, and comforting myself in those trou-
bles that it shall ple:i6e thee to send me : seeing
sucb troubles be profitable for me, and seeing I
am assuredly persuaded that it cannot be but
well all that thou doest. Hear mc O merciful
Father for his sake, whom thou wouldest should
l)e a sacrifice for my sins *• to whom with tliee
and the Holy Ghost, be all honour and glory.
Amen.
After these tliiiifis thus declared, it remaincth
now, coming to the end of this virtuous lady,
next to infer the mainKT of her Execution, with
the words and behaviour of her at the time of
her death.
inarria<;e. Rejoice in Christ, as I do. Follow
the steps of your master Christ, and take up
your cross : lay your sins on his back, and
always embrace him. And as toucliing my
death, rejoice as 1 do (good sister) that 1 shall
be dehvered of this corruption, and put on
incorruptiou. Fop I am as-urcJ, that I shall
tor losing of a mortal life, win an immortal
life, the which I pray God grant you, and ^end
you of his grace tn liic in his foar, and to die in
the true Christian fiiith, from the which (in
God's name) 1 exhort ydu that you never
swerve, neither for hope of life, nor for fear of
death. For if you will deny bis t^uth for to
lengthen your life, God will deny you, and yet
shorten your da vs. And if you will cleave
unto him, he will prolong your days to your
comfort and his glory : to the Avhich glory God
bring me now, and you hereafter when it pleas-
eth him to call you. Fare you well, good
sister, and put your only trust in God, who
only must help you.
Here followeth a certain effectual Prayer y
made by the lady Jane in the time of her
trouble.
O Lord, thou God and Father of my life,
liear me poor and desolate woman, which
ilyeth unto thee only, in all troubles and mise-
ries. Thou O Lord art the only defender and de-
liverer of those that put their trust in thee :
and therefore I being defiled with sin, encum-
bered with aHliction, unquieted with troubles,
wrapped in cares, overwhelnted with miseries,
vexed with temptations, imd grievously tor-
mented with the long imprisonment of this vile
mass of clay my sinful body : do coiuc unto
thee (O merciful Saviour) craving thy mercy
and help; without the which so little hope of
deliverance is left, that 1 may utterly despair
of any liberty. Albeit it i» expedient, that
seeing our life standech upon trying, we should
be visited sometime with some adversity,
wlicreliy we mii»ht both be tried whether we be
of thy Hock oi no, and aLso know tbeo and our-
selves the better: ytt thou that suiflest thou
wouldost not sutler us to be tempted above our
]»owcr, be merciful unto me luuv b miserable
wretch I beseech thee : whirh wiih Solomon
do cr\ unto thee, luinihl\ desiring tbi'e, that 1
may nciihfr he too much puifod up witli pro*-
peiity, luithcr tor) nuich pre*)KO(i down \«ith
advcr-ity : Ic.-it I beihi; too full, ^hould deny thee
my tiofi, v.x hemp too low brought should des-
y»air, a:i.l hla*iphtmc thee my i-ord and Savi«;nr.
O nuii'ifijl (foiI, r«iijsidt:r my mi*eiy best
kiio\Mi unto thee, and be tliou now unto me a
strinig: tower »ifdt.Trii(t.* I h'nnbly requiic thre.
Sinfrr me not to hr ttniptid above my power,
but eitiicr he ill .<u n deincier tinto me out of
this great misery, oi.htr el^o' give me grace pa-
tientlv to bear thv lu^aw hnnd and Mhnrp cor-
rection. It was thy right hand tlisit dehvf red
tlie people of Israt 1 out of the hands of IMia-
raoh, which for the space of lOu years did
4)ppte55 them, and keep tbeui in bondage. Let
It t!:ereforc likewise- &ccm good to thy fatherly
The Wordi and Behaviavr of the ludy Jane ttpou
the Sioffold.
First when she mounted upon tbescaiTold,
she said to the people standing thereabouf :
<.fOod people, I am come hither to die, and by
a law I am coiidenmed to th*.' same. The fact
against the quccn*s bigrmess was unlawful, and
the consenting thereunto by fne : but toucliing
the piocnrenient and dosiie theieof by mc or
on mv behalf, I do wash my hands thereof in
innocency before God, and the face of you,
good Ci>ri!«tiari people thi> day: and therewith
she «'. rung her hands, wherein she bad her bf^ok.
Then said she, 1 pruy yon nW co'>d Christian
people, to bear me uiine-s that 1 die a tiue
Christian woman, and that I do look to be
saved by no other mean, but only by the mercy
of (iod in the blood of his only son JtnoB
Christ : and I confess, that when 1 did kuov
729) STATE TRIALS, 1 Mxity, 1 5 5$. -Hind others, for High Treason. [730
the word of God, I neglected the same, loved
mjself and the world, and therefore this plague
and punishment is happily and wortiiily hap-
pened unto me for iny sins : and yet I thank
God of his goodness, that he hatti thus given
me a time and respite to repent : and now,
good people, while I am alive, I pray you assist
Die with your prayers. And then kneeling
duwoy site turned her to Fecknam, saying:
Shall 1 say tbib p^alm ? and he said. Yea. Then
said she the psalm of Miserere mei Deus in Eng-
Ush, in most devout manner throughout to the
end, and then she stood up, and gave her mai-
den raistre&s Ellen her gloves and nandkerchief,
and her book to muster Bruges, and then she
untied her gown, and the hangman pressed
upon her to help her otT with it, hut she de-
siring him to let her alone, turned towards her
two gentlewomen, who helped her off there-
nirh, and also with her frowes, paafl and neck-
erchief, giving to Iter u fair handkerchief to knit
about her eyes. — ^Then the hangman kneeled
dowu and asked her forgivene^ts, whom ^hc for-
gave most willingly. Then he willed her to
Maud upon tlie sti*aw: which doing, she saw.
the block. Then she said, I pray you dispatch
me quickly. Then she kneeled down, saying :
Will you take it off before I lay nie down ? and
the hangman said. No, madam. Then tied she
tlie handkerchief about her cye«, and feeling
for the block she said : Whatshidl Id-)? where
is it ? where is it ? One of the standers by
guiding her thereunto, she laid her head down
upon the block, and then stretched forth her
body, and said : Lord, into thy hands I com-
mend my spirit, and so finished her life.
Certain pretty Verses written by the said lady
Jane with a pin»
Non ali«?na poles honuni, quae ohtin^re possunt :
Son bodiema mihi, tunc erit ilia tibi.
Jane Dudley.
Deo juvaote, nil nocet liver mains :
Et ooo juvante, nil juvat labor gravis.
Post tencbras spcro Iuccdk
Certain Epitaphs written in commendation of
the worthy lady Jane Gray,
De Jana Graia Joan. Paikhurbti Carmen.
MJraris Janam Graio serinone valere }
Quo primum nata ert tempore, Grain fuit.
In historiam Jana. I. F.
Ta, qnibat ista legas incertom est lector, ocellis.
Ipse eqaidera stccis scribere nun potui.
Dc JasUp D. Laurent a Humfrcdi decastichon.
J^fia.iacet socvo non xqns volnere mortis,
Nobilit itjfteoio, sanicuine, mart^rio.
lagenium Latiis ornavit fcemina inu<ti!f,
Fcemioa Tirg^ineo tola dicata choro.
Sanguine cUra fait, regali stirpc crcata,
Ipsaqtie Regina nubiiitate throno.
Bis 'jfaia e>t, pidchre Oralis nutrita camnciiis,
Et priico GraiAm nanj^uine creta ducum.
Bi> Martyr, saci-x Iklei veritsima testis:
Atque TBcans regnl crimine, Jana jacct.
Thus the ISth day of February was beheaded
the lady Jarie, and with her also the lord Gail-
ford Dudley lier husband, one of the duke of
Northumberland's sons, two innocents in com-
parison of them that sat upon theoi. For thej
did but ignorantly accept that which the otberi
had willingly devised, and by ouen proclama-
tion consented to take from others and give
to them. And not long after the death of the
lady Jane upon the 91st of the same month,
was Henry duke of Sufiblk her father ako be-
headed at the Tower Hill, the 4tli day after his
condemnation : about which time also were
condemned for this conspiracy many gentlemen
and yeomen, whereof some were executed at
London and some in the country. Jn the
number of whom was also lord Thomas Gray,
brother to the said duke, being apprehended
not long after in North Wales and executed for
tike same. Sir Nicholas Throgmortoh very
hardly escaped.
Further Particulars respecting the lady Jane
Grey.
Ladt Jane Grey was daughter of Henry Grey,
marquis of Dorset, by Franceb Brandon, daugh-
ter of Mary, dowager of France, younger daugh-
ter of Henry 7th, and sister to Henry 8ih. She
was bom in 1537, at Bradgate-hall, Leicester-
shire, and from her very inl'ancy shewed great
quickness and comprehension of mind. Under
Harding and Ayhner, her father's chaplains^
she improved heraelr in the various branches of
learning; and bccaiiie such a proficient in lan-
guages, tiint she spoke and wrote with astonbh-
mg tucility, the French, Italian, Latin^ and it is
said the Greek ; and was well skilled in He-
brew, Arabic, and (Ihaldee. To these high ac-
quirements in literature, were united great
beauty, the mildest manners, and the most cap-
tivating virtues of humility, benevolence and
modesty. Ite^ardless of the pleasures and fri-
volous occuputiuns of the great, bhe sought for
i;ratiiicutiun in reading and m meditatitm, and
bhe observed to her tutor, Ascham, who found
her reading Plato while the rest of the family
were hunting in the park, that the sport which
they were enjoying, was but a shadow com-
pared to the pleasure which she received fit>m
the sublime author. The allinnccs of her fa-
mily, however, and their ambition, were too
powerful to sutler her to live in her beloved se-
clusion. Nu sooner was tlie declining health of
the 6th Edward perceived by his courtiers, than
Dudley, duke of Northumberland, prevailed
upon tlic unsu.itpecting monarch, to settle the
crown on his relation, lady Jane, whose attach-
ment to the;Reformation was indubitable; and
to pass over his sibters Mary and Elizabeth*
When this tvas effected, the ar^'ul favourite
married his son Guilford Dudley to the future
queen, and thus paved the way to the elevation
of his own family to the throne. But while
others rejoiced in these plans of approaching
•:reatiie!»s, Jane alone Kcemed unconcerned, and
when, at Inst, on Edward's death, she was hail-
ed as queen by her ambitions father-iu'law,
Nortliiunbcrland, she refused the proffered dig-
731] STATE TRIALS, 1 Mary, 155$.— Proceedings against Lady Jane Grey, (732
nitv, till the authoritv of her father the duke of
Suffolk, and the entreaties of a husbiind whom
she tenderly loved, prevailed upon her reluc-
tantly to consent. She was as usual, conveyed
to the Tower, prepnratory to her coronation,
and site was proclaimed queen in the city, and
honoured witti all the marks of royalty. This
sunshine of prosperity, was, however, but tran-
aitory ; her rival Mary proved more powerful,
and the kingdom seemed to espouse her cause
with such loyiUty, tliat Northumberlund and
Suffolk yielded to the popular voice, uiid hidy
Jane, after beinj; treated as queen fur a few
days, descended again, iuid with exultation, to
pnvac)'. Hut misfortunes accompanied her fall,
bhe saw her father-in-law and his family ; her
own father and his numerous adherents, brought
to the Tower, and at last expire under the
hand of the executioner^ and bhe herself, to-
gether with her hudbund, were to complete the
bloody tragedy.
The Compilers of the Biographia Britannicn,
who have taken ^rcat pains in collecting and
arranging from the several historians of the
time, the particulars relating to this most ex-
cellent person, conclude their account of her in
tlK'se words : ,
" Lady .fane, and her husband the lord
Guilford Dudley, rr;ni:iinin^ still in contine-
nient, were, on the IJrd of Nov. 1553, carried
from the Tower to Guildhall, and wiih arch-
bishop Cranmcr and others arraigned and con-
victed of high-treason before judge Morgan,
who pronounced on them !>i>nit-nce of death,
tiie remembrance of which alttrwards nn'ccted
bim so far, that he died raving. From tins
time the unfortunate lady Jane, and her im
less unhappy lm>ban(l, lived in the wry shsulow
of death, and yet not without some gleams of
comfort. For in the month of December, the
marquis of Northampton, who in the same
caube had fallen into the like circumstances,
was pardoned and di>ch'ttrged ; and at the
ianie time the strictncbs of their confinement
mitigated, by permission granted to take the
air in the (picen's garden, and other little in-
dulgence:*, that %vould lH)wever have been so
many acts of cruelty, if the c|ueen had then
inteiuJed what she uftirwards thought iit to
infli<:t. l$ut this, by the consent of our best
historians, is allowed to be altogether impro-
bable ; and that there are good reasons to be-
lieve the queen %vould have spared lady Jane,
since she hud already pardoned her father who
was much moie guilty, and that she would have
extended her mercy to lord Guilford Dudley as
well as to his elder brothers. However, in the
first parliament of her reign, an act was passed
for establishing the validity of such private con-
tracts, as wt-re dated durint; Jane's nine davs
administration, with a proviso, that all public
acts, grant'* of hm<ls, or the hke, if any such
tliere were, should be void. Another act like-
wise passed for confiriuini; the attainders of
Islorihumberland, Canterbury, and the rest,
who had been coiivicU»d of high treason, which
p«rhaps was thought neccsiary, to coufirm the
1
opinion of the judges, who had over-ruled their
plea ; that what they did was in obedience to
the supreme authority then subsisting : but
whatever hopes lady Jane and her husband
might entertain, whatever ease they might en-
joy, were quickly t^kcn away by an unhappy
event, which it was impossible for them to fore-
see, and in which it is not so much as pretend-
ed that either of them had the least hand.
There was a great spirit raised in tlie nation
against the queen*s marriage with Pliihp of
Spain ; and upon this a general insurrection
was concerted, which, if it had been executed
with any degree of that prudence shewn in the
planning of it, or rather if tlie Providence of
God had not interposed, could scarce have
failed of succeeding; sir Tho. Wiat of Kent, a
man of a great t»srate and a greater influence,
managed those who were afraid, under colour
of this marriage, the kingdom would be deliver-
ed up to a foreign prince and his partizans.
Sir Feter Carcw, in Cornwall, dealt with such
as were desirous of seeing the princess Eliza-
beth upon the throne, and in the arms of
Courtcney, whom the queen had lately re-
stored to the title of Devonshire, and the duke
of Suffolk, to whom danger had in vain preach-
ed discretion, and who could not learn loyalty
even from mercy, made use of that great in-
tere*>t which liis Urge estates gave him, though
he held them by the queen's favour, to mislead
her subjects from their duty, and to take up
arms against lier person. What the real view
of this design was e\en time has not disco%-er-
ed; but by rashnes«, and misintelligence of
those at the head of it, all miscarried. The
duke of SutVolk, with liis brothers lord Joha
and lord Tho. Grey, were in arms, and with a
body of three hundred horse presented them-
selves before the city of Coventry, in which
they had a strong party ; but tlie queeii having
sent down the earl of Huntingdon, he secured
that place, and Suffolk finding his design abor-
tive, and his people dropping away, retired,
with as many as he could keep about him, to a
house of his in J Leicestershire, where, having
distributed «vhat inoncv he had to those who
were the companions of his fortune, he advised
tliem to shifc for rhtsnselves, trusting to tlie
promises of one Underwood his park-keeper,
who undertook to conceitl, ai.d w ho is suspect-
ed to have betrayed him to the earl of Hun-
tingdon, by whom hini*>elf and his brother lord
John being apprehended, were carried to Co*
ventry, and after some stay there, seiMN^Lon*
don, under a guard, where they did not arrive
until the 10th of Feb. and were tlien commit-
te<l to the Tower, out of which the duke never
came but to his trial and to his death. This
weak and ill managed business gave the miuis-
tcrs an opportunity of persuading the queen,
that her safety coufd be no otherwise provided
for, than by putting lady Jane and her nusband
to death : to which, a learned prelate assures
us, the queen was not wrought %vitbout much
di^cnlty ; and it is very remarkable, tliat San-
ders makes the rery same obscrvatioD, so that
733] ' STATE TRIALS, 1 Marv, \553.--and others, for High Treason. [734
the truth of it can hardly be called in question.
Tbe news of this Bital' resolution made no ^reat
impression upon this excellent ludy ; the biiter-
n<;!t8 of death was pushed, she hud expected it
long, and was so well prepared to meet her
fate, that she was very little discomposed. But
the que<^n's charity hurt her more tlian her jus-
tice. Tlje day hrst fixed for her death was
Friday February the 9th, and she had in some
measure taken leave of the world, by writing a
letter to her unhappy father, who she heard
was more disturbed with the thoughts of his
being the author of her death, than with the
apprehension of his own*. In this serene
frameofmind, Dr. Feckenham, Abbot of West-
minster, came to her frum the queen, who was
very desirous she should follow her father in-
law's exaiDDJe, and be reconciled to the church
of Rome. lie was indeed a very fit instrument
(if any had been fit) for this purpose ; for he
bad an acute wit, a very plausible manuer of
speaking, and a ^reat tenderness in his nature.
Lady Jane received him with much civiUty,
and behaved towards him with so much calm-
ness and sweetness of temper, that he could
iiot lielp being overcome with her distress ; so
that eitner mistaking or pretending to mistake
her meaning, he pn>cured a respite of her exe-
cution until the 12th. Yet he did not gain
any thing upon her in regard to the design up-
on which he was sent ; on the contrary, though
she heard hiro patiently, yet she answered all
his arguments with such strength, such clear-
ness, and such a steadiness of mind, as shewed
plainly that religion had been her principal
care, and that the hopes of being happy in a
future state, from acting according to the dic-
tates of her conscience m this, had fortified her
not only against the fears of death, but against
ail doubts or apprehensions whatever. On the
bunday e\'ening, which was the last she was to
spend in this world, she wrote a letter in the
Greek tongue, as some say on the blank leaves
at the end of a Testament in the same language,
which she bequeathed as a legacy to her sister
the lady Catherine ; which piece of hers, if we
had no otlier left, would be sufficient to render
her memory insmortal, and therefore the sub-
stance of it in English is inserted (see p. 726).
Tlie fiUal morning being come, the lord Guil-
ford earnestly desired the officers that he might
take his last farewell of her. Which though
tbey willingly permitted, yet upon notice she
advised the contrary, assuring him, that such a
mectinPpirould rather add to his afllictions,
than increase that quiet wherewith they had
posseiscd tlieir souls f.)r the stroke of death ;
that be demanded a lenitive which would put
fire into the wound, and that it was to hk fear-
ed her presence would rather weaken tlrnn
strengthen hiin ; that he ought to take couraee
from bis reason, and derive constancy from his
own heart ; that if his soul were not firm and
settled, she could not settle it by her eyes nor
confirm it by lier words ; that he should do
• See p. 73*.
well to remit this interview to the other world ;
that there indeed friendships were liHppy and
unions in dissolvable, and that theirs would be
eternal if their souls airricd nothing with them
of terrestrial, which might hinder them from
rejoicing. All she could do was to give him a
farewell out of a window as he passed toward
the place of his dissolution, which he suffered
on the scalTold on Tower-Hill with much
Christian meekness. His dead body being
laid in a car and his head wrapped up in a
linen cloth, were carried to the cliupet within
the Tower, in the way to which, they were to
pass under the window of the lady Jane ; which
sad spectacle she likewise beheld, but of her
own accord, and not either by accident, or as
some, without any colour of truth, have insinu-
ated, by design, aud with a view to increase
the weight of her afllictions. About an hour
after the death of her husband, she was led out
by the lieutenant to the scuQ'old that was pre-
pared upon the green over-against the Wliite-
Tower. It is said that the court had once
taken a resolution to have her l)eheaded on
the same scafibld with her husband ; but con-
sidering how much they were both pitied, and
how generally lady Jane was beloved, it was
determined, to prevent any commotions, that
this execution should 'be performed within the
Tower. She was attended to and upon the
scafibld bv Feckenhani, but she was obsen'ed
not to give much heed to his discourses, keep-
ing her eyes steadily fixed on a book of prayers
which she had in her hand, afVer some short,
recollection she saluted those who were pre-
sent with a countonjince perfectly composed ;
then taking leave of Dr. Feckenlinni, she said,
* God will abundantly requite you, good sir,
for your humanity to me, though your dis-
courses gave ine more uneasiness tlian all the
terrors of my approaching deatJi.* Site next
addressed herself to the spectators in a plain
{(nd short speech. Then kneeling down she
said the Miserere in English, after which she
stood up, and gave her women, Mrs. Elizabeth
Tilney and Mrs. Helen, her gloves and her
handkerchief; and to the lieutenant of the
Tower, whom Heylin calls sir John (Jage, but
Ilolinshcd, Bridges, her prayer-book. When
she untied her gown, the executioner ofiered
to assist her, but she desired him to let her
alone ; and turning to her women, they un-
dresbcd, and gave her a handkerchief to hind
about her eyes. The executioner kneeling,
desired her pardon ; to which she answered
" most williniily.'* lie desiring her to stand
upon the straw, which bringing her uithin sight
of the block, she said, I pniy dispatch me
quickly : adding presently after. Will you take
it olY before I la^' me down ? the executioner
said. No madam : upou this, the handkerchief
being bound close over her eyes, slie began to
feel for the block, to which she was guided by
one of the spectators; when she felt it, she
stretched herself forward and said, I/>rd into
thy hands I ci>mmeod my spirit, and immedi-
ately, at oue stroke, her head was divided Urout-
7S5] STATE TiUALS, I Mary, \55S,— -Proceedings against Ladif Jmie Grey, [736
her body. Her fate was universally deplored,
even by those who were be>t atfected to queen
Mary ; and as she is allowed to have l»ecn a
princess of great piety, it 'iun<^t certainly have
given her much disc{uict to begin her lei.vn
ivith such an unusual eiTusion of blood ; and,
in the present case, of her near leinlion, one
formerly honoured with her friendship and fa-
vour, who had indeed usurped, but without de-
sirhig or enjoying, the royal diadem, which she
assumed, by the constraint of an ambitious
father and an imperious mother ; and which,
at the first motion, khe chearfuUy and wijlingiy
resigned. This made her exceedingly lamentecl
at home and abroad, the fame of>' her learning
and virtue having reacheiJ over Europe, so ns
to excite -many commendations, and some ex-
press panegyrics in diH'erent nations and in
difiereut languages. But whereas, some of
our own writers seem to doubt whether she
was with child or not ut the time of her decease,
and foreignei-s have improved this into a direct
assertion, that she was live months gone, it
seems to be improbable, since there were at
that time so many busy and inquisitive people,
that if the fact had been true it must have
been known, and would have been perpetually
repeated in those pieces that were every day
sent abroad, in order to exasperate the natioii
against the queen and her ministers. On the
twenty-first of the same month, the father of
queen Jane, Henry Grey duke of SulFolk, lost
his head upon Tower-hill : neither was the
jealousy excited by king Edward's appoint-
ment, and their ncarne>s in blood to the royal
line, so fully extinguished by the blood of so
many victims, but that it revived in the suc-
ceednig reign, and proved a new source of dis-
quiet to the sad remains of this unhappy fami-
ly. We have treated this article the more
largely, becauije hitherto, excepting IIcyHn,
none of our historians have rejire&epted the
public and private life of this admirable perK>on
with any tolerable degree o( distinctness; but
have been content to hurry over her short pos-
session of the crown, as if it had betn an or-
dinary insurrection, and to speak of her death
in general terms of coinpasi^ion, with an exag-
geration of some and a suppression of other
circumstances, so as to put it out ut' the power
of the reader to form a ju^t notion of the whole
transaction."
Tlie following curious Document, to^etlier
with the Introduction, ib taken fmm the So-
xuers' Tracts, 4th Col. voi. 1. p. 171:
2'A« Instrumfmi, hi/ \iltirli Queen Jane vas
proclaimed Quiiu tj' Eti^land, i^c. sttti/if:
forth the Rcosom jff iter Claun^ and her
Might to the Cinu.n.
[Whoever reads tl.e lutter pait nf the life ot'
Henry 8th, will soon be convinced, thut he left
the succeisioD of the crown so dispuLible, that
it could only be owing to the hand of Provi-
4flnoe, that the nation had not, for ever after.
Wen duiracted with contrary cloimt.— Hit di-
vorces from Catharine of Arragon, and Anne
Bullen ; the Acts of Parliament confirming
those divorces ; other subsequent Acts, which
seemed to repeal %vhat the tirst had ordained ;
the power given to the king, to appoint bis
successors', and to place them in what order lie
pleased ; and his la!>t Wdl itself, so embroiled
the aiUiir of the succession, that it was left full
of obscurity and contradiction. For as the
makeis of these new laws were t\(>t sv%'ayed
with justice and equity, and calculated, merely,
to gratify the ambition and schemes of a priiice,
who would have taken vengeance on those
that should act in opposition to his directions,
it was iiDt possible to act in such emergencies
according to the ancient laws and customs of
the realm. — He, after cohabiting with Catha-
rine of Arragon 18 years, and having several
children by her, obliged the archbishop of Can-
terbury to pronounce him divorced from her,
and iiis marriage with her to be null and void;
but not before he had contracted a second
marriage with Ann Bullen, of which he also
grew weary ; and, accuijiing his second queen
of adultery, he ordered lier to be beheaded,
after he had heen also publicly divorced from
her. — His next step was to obtain an act of
parliament, 1536, to confirm both the*ie divor-
ces, and to declare Mary and Elisabttb, the
children of these two marriages, illegitimate,
and incapable of succeeding to the crown,
without his speciul will and appointment. But
in an act, made in 1644, iSIary and Klisal>eth
were declared successively to inherit the crown
after Edward, still allowing the king to impose
conditions on thtsc two princesses, witliout
which they could have no ii<iht to succeed.
And Henry made his last Will and Testament
in the same manner ; by which preferring VA^
ward to be his immediate successor, he left it
as his opinion, that his daughters were illegiti-
mate.— Thu^ far the succession was much. di$-
turberl ; but what still conduced ro envbroil it
more, was the not mentioning, in his Will, the
issue of Margaret queen of Scotland, Henrv's
eldest sister, and placing the children of hit
youngersister, Mary, queen dowager of France,
and duchess of Suffolk, next to h.is daughter
Elisabeth. And, — To compleat this confusion
; of claims to the crown, Edward 6th confinncd
the hcr, %vhich declared IMary and Elisabeth
illegitimate; abro;;ated, by his own authoritv,
the act wliich v;ave his f.ithor powpr to settle
the j^ucce^5it)n, nnd, by his own Will, eichidcd
.Maiy, Eii>ahclh, and tlie queen of Scotland
from thr throne, and com eyed the crown to
J;iiic (riev, by the imponufuty and ambition
of till' dr.ke of NorthumhorlanH, who was
kri')\\n to hold Edward^ council in subjection;
and therc/ore whatever methods were taken
beioio, or alter the V')i«ng kiuti's death, to se-
Curo itiiu settle Janf on the throne, and the
drrt^v||l^ up and pal limbing ihe follo.ving pro-
claiiiaiioii, must be looked u}>on as die act and
de<d of the said duke, and not to be ascribed
to thi^ council. — This was the state of afiairs*'
when Edward 6th was rwmoved by deatb^ aad
737] STATE TRIALS, 1 Mary, \553 and others, for Hii^h Treason.
[73«
bT this short recapitulation it may easily I)c I slie would lose such pastime in the pnrkf Smil-
perceived, what a door ot' divisions and civil | ing, she answered me, 1 know, all their ^port
wais was opened hy Henry iMh and his mi('(*c!>- j in the park is knit a shadow to that 1 find in
•or. For, iwcindinj; to their acts and wil!^, ' Plato : Alas ! ^oodfi)lk,tlk<.'y nc\cr lilt what truo
and letters patents, Mary, Klisaheth, the qnc'cu I pleasure meant. And how came you, madam,
ot'Scodaud, and Jane Grey, lour princosse*, j '|Uoth J, tij thisdec^p knowIiH:iu;c, U!td what did
could claim the crown after Edward'^ death, j chitlly alhire you unto it, seon'j; not any wo«
and each of these princcs'.scsconid ijnd in t!io-c I Jnen, but very few men have attained theieun-
very acts, &c. arguments to oppose the claim j to? I will ull you, i5.*ith she, and tell you a
of licr competitors. Vet only Jane, wijo, ! truth, which ptrciiance you v.ill marvel at.
though bv far the youmiest, was not U<s eii- i One of the greatest hencii^?, that ever (jod
dowed with the gifts of nature, and preferable | jiave me, is, mat he sent me so sharp and sc-
to nil her adversaries in tlic endow inents of' vere parents, au:l ^o gentle a seh'.MjI'uaster.
her mind, and least tainted «ith the nmhiiious ' Tor, when 1 am in prc^e:u:e eitlicr ofi'.ither or
<Jcai;e uf a crown, was forcfd hy t!»e impurtu- . mother, whether 1 hooak, keep ."-ili .'.ce, sit,
nity of lier relations to accept (»f it, and "jtam', or i;o ; tat, think, he merrv, or .vid ; b©
thereby fell a sacriticc to their aml)iti('.ii ; as s •»iii<;, playing, claticiiig, or doing; any tiling
it is excellently well related by Dr. >L'\lin, in i else, I must doit, as it were, in such weight,
these words in his History of the liefor^nMion. ' nieuriurc, and nmnher, evr.n so perfuctly, as
.She was elde^t daughter of Heniy lord Ciioy, ' God made the wr)rld ; or else I am so sharply
duke of .'sutFolk. Her mother was ihe Lily j taunted, so cruelly threatened, yja presently
Frances, dant;hter, and, in fine, one of tl:e co- sometimes, with pinclies, nips, and bobs and
iieirs of Charles Brandon, the lace duke of Sut- | other nays (which I will not name, for the ho-
folk, by Mary his wite, (piecn dowapcr to ' nour 1 bear ihe:u) so without measuue misor-
Lewis I'^thof France, and youngest danniiter i dered, that 1 think myself in hell, till the timo
of king Henry 7th. She seemed to have been i come that I must go to Mr. Klmer ; who
born with those attractions, which seat a sove- ' teachcth mc so gently, so ])leasantly, with such
reignty in the face of mobt beautiful poi-sons ; i lair allurements to learning, that I tliink ail
yet was her mind endued i\ith more excellent
channs, than the attractions of her face ; mo-
dcnst and mild of disposition, courteous of car-
rt.tge, and of such alfablc deportment, iis might
entitle her to the name of queen of hearts, be-
fore dbe was designed for queen over any sub-
jects. These her native and obli;:ing graces,
were accompanied with some m<;re prolitaJ^ii?
ones, of her own acfpiiriag ; which set an
l«i(;her \ahie on them, ai.d much increased l!:e
same, both in worth and lustre, liavin;: at-
tained unto that age, in which other young ladies
used to apply themseivca to the sports :ind «. \-
«rd»es of their sex, she whollv jrave her mimi
tu good arts and sciimces, much furthered in
tlut pursuit by the loving care of Mr. Kinur,
ouderiihose charge she came to such a large
proficiency, that she spake the Latin and
*»rcck tongues, with a:^ s^\eet a fluency, as if
tiiCT had been natural and native to h^r ; c \-
^ilf skilled in the liberal sciences, and per-
fectly well studied in both kinds ot philosophy,
lake here a story out of Mr. Aschanrs
^^liouitn. p. 11. in his own words : One exam-
ple, whether love or Tear doth work more in a
ctiild, for virtue or learning, I will gladly re-
pot; which may be heard with some pleasure,
•imi loUuwed with more profit. Delbre I went
"•U) Germany, I came to Broadgate in Ltices-
t'Tsliire, to take my leave of that nolle lady,
Jaiie Grey, to whom I was exceeding nmch be-
l-oldiog. Her parents, the duke and the du-
^Ikss, with all the buushold, gentlemen and
gendewomen, were hunting in the park ; I
fwind her in her chamber, reading I'hiedon
^*^Dit in Greek, and that with as nmch de-
light, as tome gentlemen would read a merry
^ in Boccacc. After salutation, and duty
4m«i wilb Mmo oihw Udk^ I atked her, Why
vou I.
t!ie time nothing, whilst I am with him. And
^^hen L am called t'rom Ixim, I full to weeping,
because whatsoever 1 do else, but learning, is
full of grief, tn-.nble, fear, and whcle misliking
unto mc. And thus my book hath been so
nmch my pleasure, and brirtgcth daily to mo
more pleasure and more, that in respect of it,
all other pka nvc:^^ in wry (icvd, be but tiifles
and troubUri nuLo mc. I reincinbcr this talk
'.■laflly, both l;c';'.r.bc ir i^ so woii-.-v of nieniorv^
and be^Muso a.':jO it uas the la-!, tilk tlr.;l ever
r had, and the !«•>? time that cv(.'r I saw that
noble and \>orlli\ Uuly. Thus far Mr. y\>cham.
— By this em incur. pio'ici«;.icy in all parrs of
harning, ami an a^rceaMcnr>«'i in •dis]»':Hition,
she became very dear to !li.» vouni* kiiin I!(l-
ward ; to whom Fox nor oi:!> make? ];or cou il,
but doth acknr>\vU';li.'0 he:* al-o to bo !»!5 M-pc-
rior, in tho^e noble s»Lnilics. i/Vn(' iii:- :.!i lifir:-
mcnt superadded to her otlitr pt-r:' lJij.*', £.I;c
was most zealously alfectt-d to ilie ir.:c piwlL-":-
tant reHgion, then by b'v. e'jia»»li<'htd : ^^hich
she embraced, not out of any oatwani compli-
ance with the present c.irrcnt of the tian s, l}ut
because her o>cn most i.xctiii at jud-jmont h:id
been fully satistied in the truth nr.d purity
thereof. All whi-jh di.1 s"> eiuh^i.- her to tl'ti
king, that he t.iuk urcat dci:v:lit in bcr conver-
sation. 'I'hus lived ^hc in tlu>cs\\*.ct contciit-
ment-, till sh-.^ cime unto tt:o vc.irsof mar-
ri:i«j;o, when slie, tiitt nc\eT f^mnd m herself t 'no
h-ust spark of 'unl.ition, wa-* made the mott
unhapfiy instrniu'.nt of another man's. I'ho
proud and aspni'it; duke of Noi tiaoi.brrl muI
treats uith th" duke of SullMk, a'»>ni a m.tr-
rinue between the l(»nl GuiilMiil Dn-.IJ.-v, hi
fourth son, and tbe Inly. Ian.'. 'I hema'i.:i;:e
is concluded, and, by \<M'i!.iin I cil iiid'>pi>iii.-y,
the crown is tr«ui:;fcrrcd frosn kiu;^ lUlward, to
3 u
I
739] STATE TRIALS, 1 Maey, 15 5!^, —Proceedings against Lady Jane Grey, [740
his cousin the lady Jane, his two sisters, the
la<ly Marv and laily Elisalioth, heing passed by.
IVIeiiuiruhle is the speech she nuide to the two
dukes, when they evened her lor cjueen, to this
eO'ect : That the latvs of the kingdom, aud na-
tural rit^lit, standing for the king's sisters *, she
would iieware of huriheuing her weak con-
science with a yoke, which did belong to thcni:
That she understood the infamy of those, who
}iod pcmiirted the violation of right, to gain a
scepter : That it was to mock God, and deride
justice, to scruple at the stealing of u shilling,
and not at the usurpation of a crown. Besides
(said she) I am not so young, nor so little read
in the guiles of fortune, to suffer myself to be
taken by them. If she enrich any, it is but to
make them the subjects of her spoil : If she
raise others, it is but to pleasure herself with
their ruins. What she adored, but yesterday,
is to-day lier pastime. And, if I now permit
ber to adorn and crown me, I nnist to-morrow
sutler her to crush and tear me in pieces, &c.
But the ambition of the two dukes was too
Strong and violent, to be kept down by any
such prudent considerations. So that being
wearied at last with their importunities, and
overcome by the intreatics of her husband,
^hom she clearly ioved, she submitted unto
that necessity wliith she could not vanquish,
yielding her head with more unwillingness to
the ravishing glories of a crown, than after-
ward she did to the stroke of the ax. — ^Accord-
ingly the duke of Northumberland declared, in
his report to the council, that this good lady
Jnne wasbo far from aspiring to the crown, as
to be rather made to accept of it, by entice-
ment and force. And, The duke had no
sooner obtained lady Jane's consent, but it
was resolvetl that the council .shouhl move with
her into the Tnwer of London, and that she
should be firoclaimefl in the manner following:
A Proclamation, which, for its substance, an-
tiquity, curiosity, and scarceness, well deserves
the attention of the reader, and to be pre-
sen'ed from the injuries of time.]
" Jane by the grace of God, queen of Lng-
hind, France, and Ireland, defender of the
faith, and of the church of England, and also of
Ireland, under Christ, in earth the supreme
head. To all our most loving, faithful, and
obedient subjects, and lo exery o^'them greet-
ing. Whereas our most dear cousin, Edward
6th, late king of England, France, and Ireland,
defender off lie faith, and in earth the supreme
head, under L'hrist, of the church of Kngjand
nnd Ireland, by his letters patents, signed with
bis own hand, nnd .sealed with his great >eal of
Englanil, bearing date the 'J 1st day r>f June, in
the 7lh year of his reign, in the presence of the
most part of his nobles, his counsellors, judges,
•nd di^e^s others grave and sage personajji'b,
for tlic profit and surety of the « hole realm
thcret'^ assenting, nnd subscribing their names
to the same, hath by the same his letters pa-
^ Mary oud Eiisabetb.
tents recited, tlu«t forasmuch as the imperial
crown of tliis realm, by an act made in tlia
35lh year of the reign of the late king of wor-
thy memory, king Henry nth, our progenitor
nnd great uncle, wiis for lack of issue of lus
body lawfully begotten, and for kick of hsue of
the body of our said late cousin, king Edward
6th, by the same act limited, and appointed to
remain to the lady Mary, by the name of the
lady Mary, his eldest dauglaer, and to tho
heirs of her body lawfully begotten, and, fur
default of such issiic, the remamder thereof to
the lady Elisabeth, by the name of the lady
Elisabeth, his second daughter, and to the heirs
of her body lat% fully begotten, with such con-
ditions, as should he limited and appointed by
the said late king of worthy memory, king
♦Henry 8th, our progenitor and great uncle, by
his letters patents, under his great seal, or by
his last will in writing, signed with bis band.
And forasmuch as the said limitation of the
imperial crownof this realm, l>etng limited, as
is aforesaid, to the said lady Mary and lady
Elisabeth, being illegitimate, and not lawfully
begotten, for that the marriage had between
the said late king, king Henry 8th, our progeni-
tor and great uncle, and the lady Catharine,
mother to the said lady Mary, and also the
marriage had between the said late king,
king Henry the Cth, our progenitor and
great uncle, and the lady Anne, mothe^ to
the said lady Elisabeth, were clearly aod
lawfully undone, by sentences of divorces, ac-
coniing to the word of God, and the ecclesias-
tical lawh : And which said several divorcements
have been severally ratified, and confinned by
authority of parliament, nnd especially in tlie
28th year of the reign of king Ilenry Bth, our
said progenitor and great uncle, remaining in
force, strength, aud effect, whereby as well the
said lady Mary, iis also the said lady Elisa-
beth, to all intents and purposes, are, and
have been clearly disabled, to ask, claim, or
challenge, the said imperial crown, or any
other of the honours, casilcs, manors, lord-
ships, lands, tenements, or other hereditaments,
as heir, or heirs to our late cousin, king Ed-
ward 6th, or as heir, or heirs to any other per-
son, or persons whosoever, as well for the cause
before rehearsed, as also, for that the said lady
Marv, and lady Elisabeth, were unto our said
late cousm but of the half blood, and therefore,
by the ancient laws, statutefi, and customs of
this realm, be not inheritable unto our said
late cousin, although thev had been bom in
lawful matrimony, sis indeed they were not, as
by the said sentences of divorce, and the said
statute of the 'i8th of king Henry 8th, our
said progenitor and great uncle, plainly appear-
eth. And forasmuch also as it is» to l>e thought^
or, at ttie least, nmch to }>e doubted, that if
i he said lady Mary, or lady Elisubethj should
hei-eafter hare, and enjoy the said imperial
crown of this realm, and should then bappca
to marry a stranger, born out of tliis reaun,
that then the saqie stranger, havini; the go*
vernnitnt and imperial crown in his bsatOMf
741] STATE TRIALS, 1 Mart, 1553 — and others, for llv^h Treason. [742
would adhere and practise, not only to uriui^
this noble tree rt^ulro into llie t\ranny and »cv-
vitudvot'the bishop of Koiue, but also to have
the liiws and customs of his or their own native
country or countries* tt) be practised, and put
in u>e within tiiis rcahn, nuher tlian tii* lavv»,
statutes, and customs liere »f lout; trine used ;
wliercupon the title of inheritance of all and
singular ilie subjects of this rc.ilin do depend,
to the peril' of conscience, and the utter sul>-
rersion of the commonweal of tiii.^ rcahn.
WhereupoD our said late dear cousin weighing
and cousidering with hiu)self, whnt ways and
means were most convenient to be had it>r the
stay of the said succession in the said im})crial
crowDy if it should please God to call our said
late cousin out of this transitory life, havin;; no
issue of his body, antl cidlinj^ to his retnem-
braace, that we and the lady Catharine, and
the lady Mary, our sisters, being the daugh-
ters of the lady Franco^ onr natural mother,
and then and yet wife to our natural and
most loving father, Henry, duke of .Suifuik,
and tl»e lady Margaret, dun^litcr of the
lady £leanor, then deceased st>ter to the
said lady Frances, and the late wife of (iur
cousin Henry earl of C.'umberland, were \ery
nii;h of his gnice's blood of the part of his
father's side, onr said progenitor and great
uncle; and being naturally born here v\ithin
the realm, and for the \ery i;ood opinion our
said late cousin had of our and onr said nisters
aud cousin Margaret** good education, did
tlierefore upon good deliberation and advice
herein bad and taken, by his said letters p;i-
rc;)t« declare, order, assign, limit, and appoint,
that it* it should fortune him^'lf our said l.\te
cjusin king Edward the Gth to decease, having
o«j issue of his IkmIv lawfully bciiotten, that then
tbe said Imperial Crown of Kut^iand and Ire-
Liod, and the confines of the same, and his
tide to the crov\n of the realm of l' ranee, and
i\\ and singular honours, cast it s, prerogatives,
privileges, pre-eminences, authorities, jurisdic-
tions, dominions, pos«c>sions, and hcreciita-
ments, to our said late cousin king Edward the
tlh, or to tlie said Imperial Oown belonging,
or in any wise appertaining, should for lack of
such issue of bis body remain, come, and be
QDto the eldest son of the body of the said lady
Frances law t'ully begotten, being born ijito the
world in his lite time, and to tlie heirs male of
tbe body of the ^«ame eldest son lawfully be-
gotten, and so fron) son to son, as he should be
of anticnty in birth, of the body of the said
hwiy Franceit lawfully beiioitcn, being born in-
to the world in our said late cousin^s lit'e-time,
^1(1 to the heirs male of the bodv of every such
son Uwfully liegotten, and for default of such
nm born into the world in his life-time, of tlie
body of the said lady Frances lawfully beg(;t-
ttn ; aud for luck of heirs male of every such
ion kiwfuUy liegotten, tiuit. then the sai<l Im-
perial Crowu, aud all and singular other the
pmitises should remain, come, and i>e to us by
die name of the lady Jane, eldest daughter of
^ nid iadjL JTnuiceiiy aud to Uie Lein mule of
our body lawfully begotten, and f-r luck
of sncli hcjr male of i>nr bo.iy i.iw fully
begotten, that llieh the said Imperial Crown,
and all other the premises, should remain,
come, and be to the s.iid lady CaLlierine,
our said second sister, and to, the Ijcirg
male of tlie body of the said lady Cathe-
rine lawfully begotten, with divers other re-
mainders, as by the same letKrs patents more
plainly, and at large it may, and doth appear,
Sithence the making of which letters patents,
that is to say on Tiiur>day, which was the sixth
day of this ii^tant month of July, it hath
pleased Crod to call to his infmitc mercy, our
said most dear and intire beloi-ed cousin Ed-
ward the 6ih, whose soul God pardon ; and lor
as nmch as he is now deceased, having no heirs
of hifi body begotten, and that also there re-
main at this prenent time, no heirs lawfully
begotten of the body of our said progenitor
and great uncle king llcnry the i th ; and for
as much also as tJie s lid lady Franr-es our said
mother, had no is>ue male begotten of her
body, and born into the world in the life-time
of our said cousin king Edward the tith, so as
the said Imperial Crown, and other theprenn'ses
to the same helo))ging, or in any wise apper>
taining, now be, and remain to us in our actual
and royal possession, by authority of the said
letters patents : wo do therefore by these pre-
sents signify until all our most loving, faithful,
mid obedient sul.jccts, that like as we for our
part, shall by God's grace, shew ourselves a moit
gracious and benign sovereign queen and lady,
to all our good subjects, in all their just aiid
Fawful suits and causes, and to the uitermosC
of onr power, s-hall preserve and maljitain
(ioil's most holy word, christian policy, and
the good laws, cuvtoins, and liberties of these
our lealms and dominions ; so we mistni^L not
but they and every of them will again (or their
part«<, at all times, and in all casc>, shew liiem-
selves unto us their natural liege (]iieen and
lady, most faithtui, h)ving, and obi (hint sub-
jrct", according to their bomulcn duties and
allegiances, whereby they sliall f»h a^t? God,
and do the thing ihut shall tend (o tli< ir own
preservation!) and sureties ; wilimi; and com-
manding all men ot' all estates, dcgret s, and
conditions, to scc onr peace ami au'(>rd kept,
and to be obedient to onr laws, as tliey tender
onr fu\onr, and will an''\\er ftn* the contrary at"
their extrenw ptiils. In witness wliereof, we
iiMVc caused t In sr. our letters to bo made pii-
tenr."j. \Vitnr«.«, onr»»elf, at onr Tower «>f I^m-
(ion, the loth day of July, in the lr>t year of
our reinn." a. n. l.*i5J.
f lod save the Qi Kr.N.
Ijytidoni^ in ud'hus lUcardi iirufumif ^^fg^i'
ntL n tt/poiirophia exi. i(6um. Cum prii^ilt^io ud
imprimLuduin solum. '
As Mary rested her Claim to the Crown of
Eni»land upon the V\ ILL ol her father Henry
the Kth, and as lady Jane (MTy*s pretensions
rtisted on the Will of king Edward the 6th, it
is ihuughi propel U> insert iu this pUce, Uiuse
743] STATE TRIALS, 1 Mart, 1553 Proceedings a<^ainst Lady Jane Grey, [7U
two curious and important Instruments. Both
are in the Cottoniun MSS. in the British Mu-
seum ; tiie former is likewise in tlie Prerogative
Otftce, Doctors* Commons, and the Chapter
llouse^ at Westminster.
The will of King IIexry the Eighth.
(From the Original, dt posited among the Re-
cords in the Chapter Home at Weatminster ;
of which it is, as fur as possible, ajac simile,)
"IIekryR*
In the name ot'God and of the glorious and
blessed virgin our Lady Sainct IVIary and of all
the holy cumpaiiy of Heaven We Henry by
the grace of God King of Enj^limd IVaunce and !
Irland dcfendcur of the faith and in crth ym-
medyately under God the Supreme Hed of the
church of England and Irland of that name
theight calling to our reniembniunce t'se great
gifts and benifits of Almighty (.u)d give unto us
jn this transitory lief give unto him our moost
lowly and humble thanks knowehdging ourself
insutfici't in any part to desayer or recompence
the same But feare that we have not worthely !
received the same And consydering further
w't ourself that we be as all mankind is mortal!
and born in sinne beltving neverthelcs and
hoping that every chrVn creatur lyving here in
this transitory aAd wretched woorld under God
dying in stedfast and p*faict faith cndevoring
and exercising himself to execute in his lief
tyme if he have leasV such good dedes and
ciiariiable works as scripture demaundcth and
BS may be to tiie honour and pleasV of God is
ordeynid by Christs passion to be saved and to
^atteyn elernall liefof%^hich nombre we verily
trust by his grace to be ooii And that every
Creature the more hi^h tliat he is in estate
honour and authorite in this wonrld the more
he is bounde to lo\e s*rve and thank God and
the more dili:tMHlv to endeavoV himself to do
good and chaniable works to tliL-Lawdo honour
and prai.-^e of Almighiy God and the profit of
his sowle NVo also calling to our remcm-
braunce the digniie estate honoV rule and gou-
vcrn'nce that Almighty God hath called us
unto in this woorld and that ncithV we nor any
othV creature mortall knowiih the tyme place
v-hcnne ne wh.cre it shall pleas Almighty G<id
to cjU him out of this transitory woorld wiliiiijr
therefor and minding wt* God's grace before oV
1>assage out of the same to dispo>e & order our
alter mynd v-ill and Testament in that sort as
\W trust it shal be acceptable to Almighty
God, oV only Savyuur Jesus Christ and all the
hole cumpany of Heaven and the due satisfac-
tion of all godly bretiiern in erth Have there-
fore rtowe being (»f hole and p*niict mynde ad-
hering holy to the right faith of Christ and his
doctrine, rcpei.ling .ilso onr old and de-tesfablc
lief and beu)!: in p faict will and nivude by hi«)
grace never to return to tlic same nor suc!« 1 ke
and minding by Godes grace never to va»y
therefro as long as any remeni braunce breth or
inward knowledge doth or mny reniayn wt* in
this mortal body Moost humbly and hartly do
<comioen(J and bequeyth our Soulo to Aliai|;bty
God who in personne of the Sonne redeamed
the same wt' his moost precious body and
blood in t>ine of bis passion And for our
better remembraunce thereof hath left here wt'
us in his Church militant the consecration and
administration of his precious body and blood
to our no little consolation and comfort (if we as
thankfully accept the same as he lovingly and
undesVed on mannes belialf hath ordeined it
for our only benifit and not his) Also we do
instantly reqnyer and desyre the blessed virgin
Mary his mother wt* all the holy company of
Heaven contynually to pray for us and wt* us
whiles we lyve in this woorld and in the tyme
of passing out of the same that we may the
soner atteyn everlasting lief after our departure
out of this transitory lief which we do both
hope and clay me by Christs passion and woord
And as for my body which whenne the Soul is
departed shall thenne rcmayn but as a Cadaver
and so return to the vile mater it was made of
wer it not for the Crownn and Dignitye which
God hath adled us unto and that we woold
not be noted an Infringer of honest worldly
policies and costumes whenne they be not con-
trary to Godes lawes we woold be content to
have it buryed in any place accustoroid for
chr*en folks wer it nevtfr so vile, ffor it is but
ashes and to ashes it shal again Nevertheles
bicaus we woold be lot he in the reputation of
the people to do injurye to the dignitie which
we unworthely ar calUd unto We ar content
and aUo by these p'nts our last will and Testa-
ment do will and ordeyn that our body be
buryid and Tenterred in the Quere of our Col-
lege of Windesor midway betwe' the Stalls and
the hiiih Aultarr and there to be made and sett
as sone as conveniently mny be doon al\er'our
deceasse by our txecutoura at our costes &
charg's if it be not dcnie by us in our lief tyme
an honorable tombe for our bones to rest in
which is well onward and almoost made there-
for aired ve wt* a fayre t^rate about it, in which
we will aUo that the bimes and body of our
tiue and loving uief Queue Jane be put also
And that there be provided ordeyned made
and sett at the costs and ciiarg's of us or of
our executours if it be not done in our Ivf a
convenient aultcr honorably prepared and ap-
parailled wt' all maner of things requisite and
necessary for dayly masses Uiere to be sayd
perpetually \% bile the woorld shal endure Also
we will that the Tombcs & Aultars of King
Henry the vj* and also of King Edwnrth the
fourth our great Uncle and Grauntfather be
made more princely in the same places where
they now be at our charg's. And also will and
sp'ially desyre and requyrc that where and
whensoever it ^hall pleas God to call us out of
this woorld transitory to his infinite mercy and
grace be it beyonde the Sea or in any other
place v\*out our realme of Englande or wi*n the
same that our Executours as sone as conveni-
ently they may shall cause all di%ine k*vice
accustumed for dead lo^ks to be celebrated for
us in the nixt and moo<>t propur place inhere it
•hall fortuue us to depart out of tkb tnuMOor/
745] STATE TRIALS, 1 Mary, 1553 — and others, for High Ttcomw. [740
Kef And over that we will that whensoever
or wheresoever it shuU pleas God to call us out
of this transitory lief to his infinite mercy and
grace be it w*in this reahne or w'out that our
executours in as goodly brief and convenient
hast as tliey reasonably canne or may ordeyn
prepare and cause our body to be removed
conveyed and brought in to the sayde College
of Windesor and the s'vice of Placebo and Di-
rige wt' a Sermon and Masse on the Morowe
at our cOht*s and charges devoutely to be don
obsVed and solemply kept there to be bury-
ed and enterred in the pUice appointed lor
our sayd Tom be to be made for the same
entent And all this to be doon is as devout wise
as canne or may be doon. And we will and
enlarge our executours that they dispose and
(yve in almes to the moost poore & nedy peo-
ple that may be found conmiyn beggars as moch
as may be avoyded in as short space as possi-
bly they may after our departure out of this
transitory lief oon thousand marks of lawfuil
money ot* Englande, part in the same place and
thereabouts where it shall pleas Almighty God
to call us to his mercy, part by the waye and
part in the same place of our buryall after their
discretions and to move the poor people that
•hall have our ulroez to pray hartly unco God
for remission of our offenses and the wealth of
our Soull. Also we woll that w'th as conveni-
ent spede as may be doon after our departure
out of this woorld if it be not doon in our lief
that the Deane and Channons of our free Chu-
pie of Sainct George w'in our Caster of Winde-
sor shall have manours Lands ten'ts and spir'all
promotions to the yerely value of six hundred
pounds over all charg's made sucr to them and
their successours for ever upon these condi-
tions hereafter ensuyng and for the due and
full accomplishment and parformaunce of all
otiier thing«> conteyncd wt' the same in the
forme uf an Indenture signed wt' ourownhande
which shal be passed by waye oi covenant for
that purpose bet we' tlie sayd Deane and
Cannons and our executours if it passe
not betwe' us and the suyd Deane and Can-
nons in our lief that is to saye the sayd Deane
and Ca'nons and theyr succesnours for ever
khal] fynde twoo priestes to suy masses at the
lavd Aulter to be made \.here we liave before
appointed our tombe to be made and stand And
also after our deceasse kepe yerely foure so-
lerapne obits for us w*in the sayd College of
Wyndesour and at every of the same obits to
cause u solempne sennon to be made And also
at every of the sayd obits to give to poore peo-
ple in nlmez tenne pounds And also to gyve for
ever yerly to ihirteoe poore men which shalbe
called poore knightes to every of them twcif
pens every daye and ones in the year yerely
for ever a long goune of white cloth wt* the
garter upon the brest embrodeircd wt' a shelde
ftnd crosse of Sainct George w'in the garter :md
ft mantel of red cloth and to such one of the
•ayd tliirtcne poore knightes as shalbe appoint-
ed to be hed and gouvemour of them iij/. vj(.
vigdl jerdjf for «ver over 'and besides U>o layd
twelfpennes by the daye And also to cause
every Sonday in the yeir for ever a sermon to
be made for ever at vVindeso'r aforsayde as in
the sayd Indenture and Couvenaunt shalbe
more freelly and p'ticulerly expressed willing
charging and requyring oUr sonne Prince Ed-
ward, all our Executours and Counsaiilours
which shul be named hereafter and all other
our heircs and successours which shal be kinges
of this rcalme as they will answer before Al-
mighty God at the drcdfuU daye of Judgeme't
that they and every of them do see that the
sayd Indenture and assurance to be made be-
twen us and the sayd Deane and Channons or
betwe' them and our executours and all thiuget
theriii conteynid may be duely put in execution
and obs'ved and kept for ever perpetuelly ac-
cordiiig to this our last will and testament. And
as concerning the ordrc and disposition of thim-
perial crou'nc of this Realme of England and
Irland wt' our title of Fraunce and all Dignityes
honours preeminences prerogatives autliorities
and juri<)dictions to the same annexed or belong-
ing luid for the sure establi«hemcnt of the success-
ion of the same And also for a full and plain
gift disposition assigncmcnt declaration limita-
tion and appoinctemcnt wt' what conditions our
Doughters iVIary ' and Elizabeth shall severally
have hold and enjoy e the sayd imperial Crowne
and other tlie premiss's after our deceasse and
for default of i>sue and hey res of the severall
bodyes of us'ond of our sonne priucc Edward
laufully begotten and his heyres. And also for
a full gift disposition assigneinent declaration
limitation and appoinctement to whom and of
what estate and in what nianer forme and con-
dition the sayde Imperial Crowne and other
the premiss's shall remayn and cum after our
deceasse and for default of Issue and heyres of
the several bodyes of us and of our sayd sonne
prince Edwarde and of our sayd doughters
Mary and Elizabeth laufully begotten We by
these p'nts do make and declare our Last Will
and testament concerning tlie said Imperial
Crowne and all other the premiss's in maner
and forme folowing That is to saye we will by
these p'nts that imedyately aflcr our departure
out ol this p'nt lief Our sayd sonne Edward
sliall have and enjoye the sayd imperial Crowne
and Uealme of Englande and Irlande oor title
to Fraunce wt' all dignityes honours preeminen-
c'es prerogatives authorites and Jurisdictions
Lands and possessions to the same annexed or
belonging to him and to his heyres of Ids body
laufully begotte' And for default of such Issue
of our sayd sonne prince Edwardes bodye lau-
fully begotte' we will the sayd imperiall crov^n
and other the premisses after our two deceasset
shall holly remayn and cum to the heyres of our
body laufully begotte' of the body of our en-
tierly LeJoved wicf Queue Katlieryn that now
is or of any oth*rs our laufull wief that we shall
herafter mary And for lack of such Issue and
heyres we will also that aflcr our deceasse and
for default of heyres of the severall bodyes of
us and of our said sonne prince Edwarde lau-
fully begotte' the said imperial Crown end aii
7 17] STATE TRIALS, 1 Mart, l^oy-^Pi'occedwgs against Lady Jane Grfy, [748
other the prcmibs^s shall lioUy remnyn niui cum
to our suyd Doughter Mary and the heyres of
her body hiutully bet;otte' upon condition tlinl
our sayd doughter Mary after our deceasse bhall
not inary ne take any personne to her hu^bande
w'out the assent and consent of the pry vcy con-
•aillours and others nppoincted by us to be of
counsail wi' our deerest sonne prince ]'.dwardc
aforsayd to be of counsail or of the luoost part
of them or the most of such as shall thence be
mlyve therunto before the said mariago had in
writting sealed wt* their scales. AW which con-
dition we declare limite appoinct and will by
these p*nts shalbe knitt and invested to the sayd
estate of our sayd doughter Mary in the sayde
Imperial Crou*ii and oth* the premiss' And if it
fortune our sayd Doughter Mary to dye w'nut
fesue of her body laufully begotte' We will that
ofter our deceasse and for default of Issue of the
sevcrall Ijodyes of us and our sayd sonne prince
Kdwarde laufully begotte' and of our Doughter
Mary the sayd imperial crown and othV the
p*misses shall holly remayn' and cum to our
sayd Doughter Elizabeth and to the heyrc>s of
her body laufully begotte' Upon condition th:it
our sayd doughter Elizabeth after our derensse
shall not mary nor take any p'sonnc to her
husbandc w'out the assent and consent of tlie
priviey Counsaillours and others nppoiciitcd by
us to be of counsail!* w*i our sayd dccrcst sonne
prince Edwarde or the moost p*t-of them or the
moost p't of such of them as shalbe thenne on
lyre thereunto before the same mariagc had in
writting sealed w*t their scales which condition
ve declare liniitt appoinct and will by these
p*nt8 shalbe to the tayd estate of our »ayd
Doughter Elizal)t*th in the sayd imperial Crown
and othV the premi:>s*s knitt and invested
And if it shall fortune our sayd Doughter Eli-
labcth to dve w out Issue of her b«)dv laufully
begotte' We will that after our decease* :»nd for
default of i>suc of the sc\erall bodyes of us and
of our sayd sonne prince Edwarde and of our
sayd Doughters Mary and Elizabeth [lati fully
begotte**] We will that the s.iyd unptTial
crou'n and olhe' the prenusj»*s after our de-
ceasse and for default of thissue of the several
bodyes of us and of our sayd sonne prince I'^d-
warde and of our sayd Doughters Mary and
Elizabeth laufully liegottc* shall holly reni:tyn
and cum to the heyres of the body of the Lady
Fraunc's our Niepce eldest doughter to our late
suster the French Queue laufully begotten and
for default of such issue of tlie body of the savd
.[^dy Fraunc*s we will that the sayd imperial
Crou'n and other the premisses after our de-
ceasse anri for default of issue of the M'verul
bodys of us and of our sonne prince Edwarde
and of our Doughters Mary and Elizabeth* anrI
of the lady Fraunc's laufully begotte' shall
holly remayn and cum to the heyres of the
YKHlye of the Lady Elyanore our nienci' second
Doughter to our sayd late Sister the I-'rench
Qiiene laufully begotte* And if it happen the
sayd Lady Elyanore to dye w'out issue of her
' Erased iu ths Ori^inaL
body laufully begotte' We will that after our de-
cca:;!>'and for dfluult of issue of the several b«:JYS
of us and of our sayd sonno [)rince Eilwardc
and of our said Douj/hters Mary and FJiZiibi^th
and of the sayd I^idy Fraunc's and of the sayd
Lady Elyanor laulully begotte' the suyd impe-
rial Croun' and other the ])remisses shall lioly
remayn and cum to the next rightfull heyres
Also We will that if our sayd Doughter Mary
(loo mary w'out the consent and agreement, of
the pryvi'v counsaillours ami others appoincied
by us to be of counsail to our sayd sonne prnice
Edwarde or the moobt part of them or the
moost part of such of them as shall thenne Ijc
alyvc therunto before the said mariiige had iu
wTittin<! sealed wt' their scales as is aforsaid
that thenne and from thensforth for lack of
heyres \ii the several bodyes of us and of our
said sonue prince ICdwarde laufully l)egotte' tin:
sayde irnpeiial croun and other the premiss's
shall holly remayn be and cum to our sayd
Doughter Elizabeth and to the heyres of her
body laufully begotten in such maner and fomio
as though our s:iyd doughter Mary wer thenne
dead w*out any y^sue of the body df our sayd
doughter Mary laufully begotte' Any thing
conteyned in this our will or lu any act of par-
liament or statute to the contrary in any Wv^m
notw'standing And in Case our sayd dougli-
ter the Lady Mary d.j kcpe and parforme ttto
sayd condition exfircssed di dared and limitcti
to her estate in the sayd iinperi:d cru%vn and
other the preuiirji's by this our last will
declared And that our sayd doughter Eliza-
beth for her p'lc do noikepe and parforme the
^lyd condicion declared and limited by this our
Last Will to the estate of the sayd Lady Eliza-
beth in the snyd imperial croun of this realniu
of England and Irlandeand otiit-rihe pr<Mni?»*s
We will that thenne and from thensforth* after
our deceas and for lack of heyres of the several
--.I lyts of us und of our sayd sonne prinire I'^l-
uardc and of our said dou^htrr Marv laufuilv
begotte' the said impcriall crown and other
the premiss's shall holly remayn and cum to the
next heyres hiufully lu-gntif' of the body of tijc
sayd Lady Fraunc's in such maner and for:nc
as thoui;h the bayd Lady Flizal)eth wer then
dead w'out anv hcyre ot her hodv laaiiiUv he-
gotten Any thin^ contevned ni this \\i\)^ or in
any act or ^tatut^•tothe contrary notwithstand-
ing 'Ihf; remaiiiilcrs oxer for huk of i^sue ''t
tlu.' sayde l<adv Frauncia laufuliv be;iottc' t't
be and contynue to such pcr^onnes like re-
maindres and estat's us is before limited and
declared.
Also We lieipL: n<i\v at this tyme thanks he
to AhniL'htv (iod of Li'lliict niduorv di> eonsli-
tute and onleyn llle^e pVonnag'^ lollox^ing our
execuiours \' partorn;er-» of this our last \\iU
and Testament W illing cout'nding and piuiug
them to take upon tlu-iu ihoccupation and par-
foruiaunce of tiiesamc as exccutours 1 hat is to
sayc Tharchebishop of Canterbury, Tlie I^rd
Wriotheslcy Clmuncelour of EngUndc, The
Loni St. John great M'r of our bouses Tircrl«
of" Ilenford |^«it CbambreUin <rf Enjandf,
7iU] STATE TRIALS, l Mart, 1553.— «fi(f otheri^ for High TYcason. - [750
Tbc Lord Russel lord privcy Scale, The ViV
count Lisle high admiral of Enghmde, The bi-
shop Tunstall uf Durcsiiie, Sir Anthony Brouu*
knight M'r of our liorse. Sir Edward Montagu
knight cliicf Juge of the co*niyn place, Justice
Bromley^ SV Edward North' knight Chaunce-
lour of thauementac^ons, Sir \Vill*in Paget
knight Chief Secretary, Sir Anthony Denny,
SV Will*m Harbard knights chief gentlemen of
our privey chambre, SV Edward Wootton
knight and M'r Doctor Woottun his brother,
and all these We woll to be o*r executours and
counsaillours of the privey Counsad wt' our
said Sonne prince Edwarde in all maters con-
cerning both his private affnyres and publicq'
alFayres of tlie Uealmc Willing and charging
them and every of them as they must and shall
aunswer at the day of Judgement truely and
fully to see this my Last Will pYormed in all
things wt' asmoch spede and diligence as may
be and that noon of them presume to uiedie
wt* any of our treasV or to do any thing ap-
poincted by our sayd will alone onles the moost
part of the hole nomhre of their coexecutours
doc consent and by writting agree to the same
And will tliat our said executours or the moost
p't of them may laufuUy do what they shall
think moost convenient for th'execution of this
our Will w'out being troublid by our sayd sonne
or any others for the sanae Willing further by
this our Last Will and testament that S'r Edmund
Peckh'm our trusty s'vaunt and yet Coferar
of our house shalbo Treasorer and have the
receipt and layng out of all such treasV and
jn^ney as shalbe defrayed by our executours
for tlie pYormaunce of this o*r last will straictly
chardging and co*maunding the sayd S*r Ed-
munde that he pay no great somnie of money
but he have furst the hand's ot' our said
executours or of the niuost part of them for
his discharge touching the same, charging him
further upon his allegeaunce to make a true
accompt of all such sommes as shalbe dolivred
ti> his liandii for this purpose. And sithens wc
have now named and constituted our execu-
tours We woll and charge them that furst and
above all thinges as they will aunswer before
grxl and as We putt our singuler trust and con-
fidpncc in them that they cause all our due
debts timt can he reasonnably slicwed and
proved before them to be truely coutcnted and
pnyc assione as tliey conveniently can or may
afr'er oV deceas w'out longer Hi'la>e And that
Uicy do execute tlicse poincts furst That is to
•ay the payment of our debts wt' redres of In-
juries if any s^nch can be diiely proved though
to us they be unknown before any oth*r part
of this our Will and Testament, our buryall
Exequyes and funerall only excepted.
Furthermore We woll that all such graunt's
and gift's as we \u\vc ma<le gyve' or promised
hi any which be not yet pYaictrd under our
Signe or any our seales as they ought to be,
tiKi all sucb recompenses for exchaniiges sales
or any oth'r thing or thing's as ought to have
been made by as and be not yet accomplishi^d
dMibff ^ftictcd in every point to\Tard's all
maner of men for discharge of our conscience
charging our executours and all the rest of our
counsaillo's to sec tiie same done p'foroied
finished and accomplished in every pomct for-
seing that the sayci gifts graunt's promiss' and
recompens' shall appeir to our sayd executours
or the moost p't oi them to have been graunted
made accorded or promesed by us in any maner
wise.
Further according to the Lawes of Almighty
God and for the fatherly love which we bear*
to our Sonne Prince Edwarde and to tliis our
Ilealme We declare him according to justice
cquitc and conscience to be our Laufull heyer
and do gyve and bequeith unto him the Success
sion of our Realmes of England and Irlando
wt' our title of Fraunce &c all our dominions
both on this side die Sees and beyonde (a con-
venient portion for our will and testament to
be res'ved) Also We give unto him all our
plate stuff of household Artillery Ordenaunce
Munitions Ships Cabells and all other things &c
implements to them belonging and money also
and Jewels saving such portions as shall satisfye
this our last will and lestament charging and
commaundiug him on peyn of our Curse seing
he hath so loving a fattier of us and that oui
chief labour and studyc in this woorld ih to
establishe him in the croun' imperial of this
Uealme after our deceass* in such sort as may
be nieasing to God, and to the wealth' of tlus
realme and to his oun honour and quyet that
he be ordred and ruled both in his manage and
also in ordering of thaffaires of the licalme as
well outward as inwarde and also in ail his oun
private affayres and in gyving of ofhces of
charge by thadvise and counsail of our right
entierly beloved Counsaillours th'archebishop
of Canterbury, the lord Wriothcsley Chauncel-
our of England, The lord St. John great Mr of
our house. The Lord Uussel Lord privey seale,
Th'erle of Hertford great Chambrelaine of
Englande, The Visconte Lisle, high Admiral of
Englande, The Bishop of Duresme Tunstall,
Sir Anthcmye Broun Mr of our liors', Sr Wilhn
Paget oV chief Secrctswye Sir Anthony Denny,
Sir Williu Ilcrbcrd, Justices Montague and
Bromley, Sr Edward Wootton and Mr Doctor
Wootton and Sr Edward North whom We
ordeyn name and appoinct and by these p*nts
signed w'tour ILinddo make and constitute of
privcy counsail w't our sayd Sonne, and woll
that they have the gouvernement of our nioo!»t
decre sonne prince Edward and of all our
Uealmes, Dominions and Subgects and of all
the affayres publicq and private until he shall
Imve fully acconipletcd the eightenth veir of
his age. And for bicaus the variete and nom-
hre of thing's alTayrcs and maters ar and may
be such us We not knowing the certainty oi
them before cannot conveniently prcscribo a
certain order or Rule unto our lorsayd Coun-
saillors for their behaviours and. pn>cedings in
ihi^ charge which Wc have now 6c do appoinct
unto them about our sayd sonne ihiring the
tvnic of hift niin(;rite afors;iyde We therefor loc
the sp*i:dl trust and confidence which we brnvm
751] STATE TRIALS, 1 Mary, \ 553. -^Proceedings agoing Lady Jane Grey, [752
in them woU and by these p*nts do give and
griiunt full powre and authorite untu our sayd
Consailloors that they all or the moost part of
them being assembled togidres in counsaill ur
if any of them fprtune to dye the more part of
them wliich shalbe for the tymc lyving being
assembled in Counsaill togidres shall and may
make divise and ordeyn what thing's soever
they or the more part of them as aforsayd shall
during the minorite aforsayde of our said Sonne
think meet necessary or convenient for the
beniiit honour and suretye or the wealc profet
oroommodytyeofoursayd Sonne, his Realmes,
Dominions or Subgects or the discharge of oV
conscience And the same thing's devised made
or ofdeyncd by them or the more part of them
as aforsayd shall and may laufully do execute
and accomplishe or cause to ^e done ejiecuted
and accomplished by their discretions or the
discretions of tlie more part of them as afor-
sayde In as large and ample maner as if we
hod or did expresse unto them by a more sp'iull
Commission under our great Scale of Knglande
every particuler cause that may chaunce or
occurre during the tymc of our sonnes sayde
minorite and the self same maner of procoding'
which they shall it>r the tyme think meet to
use and folowe Willing and charging' our isayd
Sonne and all otliers which shall hereafter be
Counsaillours to our sayd sonnc that they never
charge molest trouble nor disquyet o'r forsaydc
Counsaillours nor any of them for the devising
or doing nor any othV personne for the doing
of that they shall devise or the more part of
them devise or do as^mled us aforesaid. And
We do charge expresscly the same our entierly
beloved Counsaillours and exccutours that they
shall take upon tl^em the ru!e and charge of
our sayd Sonne and heyre in all his causes and
affayres and of the hole Healmc doing neverthe-
lesnll thinges as under him and in his name until
our sayde sonpc and heyre shalhe bcstawetl and
maryetl by their advise and that the eightenth
yere be expyred. W^illing and desyring fur-
tlkermore our forsayd trusty Counsaillours and
they all our trusty and assured s'vaunts and
thirdly all other our Loving Subgects to aydc
Rud assist ourfornamed Counsaillours in thixe-
cution of the premiss's during' the forsayd
tymc Not doubtine but they will in nil thing's
denle so truely and uprightly as they shall iuivc
cause to think them well chosen for the charge
committed unto them. Straictly charging our
sayd Counsaillours and exccutours and in
Godds name we exhort them that fcH* the sin-
guler trust and special contidence which we
have ajid ever had in them to have a due and
diligent eye perfaict zealc love and affection to
' the honour surety estate and dignitye of our
•ayd Sonne and the good state and prosperite
of this our Healme And that all deluyes
sett a part they will ayde and assist our sayde
Counsaillours and exccutours to the p'form- j
nunce of this our present Testament and Last
Will in ei'ery part as they will aunswer befor
God at the Daye of judgeme't cum venerit Judi-
care vivos et mortuo». Aud furtbennore for
the sp'iall tiust and confidence which we hav«
in the Erles of Ariindel and Essex tlmt now
be, Sir Thomas Cheney knight Treasorer of oar
Household, Sir Job' Gage knight, Comptroller
of our household, bir Antliony Wingiield,
knight our X'ichiunbrelayn, Sir Will'm Petre
knight oon of our twoo principall Secretarys^
Sir Richard Riche knight, Sir. John Baker
knight, Sir Rafe Sadleyr knight. Sir Thomas
Seymour knight, Sir Richard Southwell and Sir
Kdmunde Peckh'm knights they and e\'ery of
them shalbe of Counsail for the ayding and
assisting of the fornamed Counsaillours aud our
exccutours whenne they or any of them shalbe
called by our said exccutours or the more p'c
of the same
Item We bequethe to our doughters Mar^
and Elizabeth's inariag's they being maried to
any outward potentate by thadvise of the for-
sayd Counsaillours if we bestowe them not in
our lief tyme ten thousands pounds in money
plate Jewels and household stuff for ech of them
or a larger somme as to the discretion of our
exccutours or the more part of them shalht
thought convenient Willing them on my bless-
ings to be ordered as wel in mariage as in all
other laufull thinges by thadvise of our forsaydt
Counsaillours and in cace they will not tl*enne
the somme to be minished at the Counsaillours
discretion.
Further our Will is that from the furst bower
of our death until such tyme as the sayde
Counsaillours caune provide either of tbem or
both of sum honorable manages they shall
have eche of them thre thousand pounds' ultra
reprisas to lyve on Willing and charging the
forsnyde Couu«iaiIlours to limite aud appoinct
to eith'r of them such sage Othcers and minis-
tres for ordering' therof as it may be employed
both to our honour and theirs.
And fur the great love obcdyence chnstnei
of lief and wi^edom being in our fornamed
Wiefc and Queue We bcqueth unto her for her
proper use and it shall pleas her to ordre it
thro thousand pounds in plate Jewels and Stuff
of household l)cn>ides such apparaii as it fdiall
pleas her to take of such as she hath alredy
And furlhr' We gyve unto her one thousand
pounds in money wi' the enjoying of her Dower
and Joynter according to our graunt by Act of
Parliament.
Furilicnnore for the kindnes and good
s'vice that our s:ivd exccutours have shewed
unto us We give and bequethe unto eche of
them such som'es of money or the value of the
same as hereafter cnsuith ; firste to Tharche-
bishop of Cantorbury v-c m'rks. To the I/)rd
Wrioihesley v-c li. To the J/jrd Seint John
v-c li. To the Lord Russell v-c li. To Therlc of
llcTiford v-c li. To the Visconte Lisle v-c li.
To the bishop of Duresme ccr li. To Sir An-
thonye Broun' ccc li. To Sir Will'm Paget ceo
li. To Sir Antliony Denny ccc li. To Sir Wiirm
llerli^rd, ccc. li. To Justice Montai^ue occ.
li. To Justice Bromley ccc. li. To Sir Edward
North ccc li. To Sir Edward Woottoa oc ^
To Mr Doctor WootCoo cfify li.
753] CTATii TRIALS, I Mary, 1553 and others, for Hig^t Treawn. [754
tlie sp'iall lore and fe^-otii' timt we beare to | j^^ ^yiLL op King Edward the Sixth.
oar trascv Counsaillouri and olhr our sayd
8*vaunts hereafter foloiving We give and be-
queyth unto them such somt*s o( iiioiicy or
tl)e value therof as is totted upon their hedcs.
fufit toThcrleofEssex cc. li. To Sir Thomas
Clieney cC. li. To the Lord Ilerherd cc. li. To
Srr John Gage cc. li. To 8ir Thomas Seymour
cc. li. To Sir John Gates cc. li. To SirT. Darcy
knight cc ii. To Sir Thomas Speke knight
cc inks. To Sir Philp Hobby kiiii^ht cc mks.
Sir Thomas Puston cc mks. To Sir Maurice
Ihrkley cc mks. To Sir Rate Sadleyr cc. li.
'io Sir Thoiinas Garden cc li. To Sir Peter
Meu'crs cc. mks. To Edward Bellinvham cc.
mks. To TliuaiHs Audeley cc mks. To
Kdmunde Harman cc mks. To John Pen.
c mks. To Henry Ncvcl c. li. To Sym-
barbe c. li. To Cooke r. li. To John
Osbarn, c. li. To David Vincent c. li. To
Jmnes Rutforth kcper of our hous here c. mks.
To ... . Cccill yoman of our Robes c. ^^ks.
To .... Stenibold gromc of our robes c. mks.
To John Uouland page ot' our robes L. li. To
therle of Arundeli Ijord Clmmbrehiin cc. li.
To Sir Anthony Wingfield Vicrchambcrlain
cc. ii. To Sir Edmund Perkham cc. li.'To Sir
Richard Riche cc. li. To Sir Jolm Baker cc. li.
To Sir Richard Southwell cc. li. To Mr Doctor
Owen c. li. To Mr Doctor Weudy c. li. To
Mr Doctor Cromer c. li. To Ahopp.
To Patrick c. n»ks. To Ayliff
c. mks. To .... Terrys c. mks. To Henry ....
c. mks. To ... . Hollandc c. mks. To the
foureGentiimrn huishers of ourchambre being
dayly Tvayters cc. li. in ail.
And We will also that our "Exccutoars or the
more p*t of them shall gyve orders for the pay-
ments of 6uch Legacye-) as they shall think
meet to Siucli our ordenary sVaunts as unto
whom we hare not appoinctcd ixny Icgacye by
this our p'nt Testament.
Finally this present writtin«5 in paper We do
ordeyn and make our last Will and Testament,
and will the same to be reputed and taken to
all entents and purpos* for our good strong
vaillable moost pVait and last Will and Testa-
ment, and do declare all other Wills and Testa-
ments made at any tyrtie by ns to be vo)-d and
of non eflfect. In witnes wherof We have
sipied it w't our hand in our Palays of Westm'r
the Thirty Day of Deccmbre in Uie yeir of our
Lord OM, a thousand five hundred fourty and
six after the computation of the church of
England and of our reii^n* the eight and thirty
yere, being present and called to he wiinchscs
these persounes whicli have writle* their names
her'uiider. Henty U*.
Juhij iTJitos.
George Owen. K. Il.irman
Thomas Wendy e WvHyam Sayntbarbe
Robert Uuycke Hcmy Nt veil.
Pycli:ir(l Coke
lJa\it1 \'iiicent
W. Clerk. Parzet
N. B. The Royal Si^^nct is affixed to the
Will, and is perfect.
VOL. I.
A true Copy of tlie counterteit WiLL*supposed
to be the last Will and Testament of king
Edward the Sixth. Eori^cd and publi»hed un«
der tlic Great Seal of England by the Confe-
deracy of the Dukes of Suffolk and Nor-
thumberfand on the behalf of the I^dy Jane,
eldest Daughter to the said Duke of Suffolk,
and testified with the liands of 101 of the
NobiUty and principal ,men of note of this
Kingdom dated the 21st day of June Anno
1553.
Edward the Sixth by the Grace of God
King of England France ami Ireland Defender
of the Faith and the Church of England and
also of Ireland in each the supreme head to all
our nobles and other our good loving faithful
and obedient subjects Greeting in our Lord
God everlasting, for as much as it hath pleased
the goodness of Al(Dighty God to vi^it us with
a long and weary sickness whereby we do feel
our self to be with the same partly ^rown into
some weakness, Albeit tiot doubting in the
grace and goodness of God but to be shortly
by his mighty power restored to our former
health and strength and to live here in this tran-
sitory world and life such and so long time as
it shall please God to stand with his most godly
providence and determination ^ihtretiiico we
do with all our heart most humbly wholly and
clearly submit ourself and willing now to our
remembrance how necessary a thing it is have
the estate of the imperial crown of these our
noble realms of England and Ireland and our
title of France and ttie dominions and marches
of the same to be so continued and preserved
as the same he not destitute of &uch a head and
governor as sliall be aytc and meet to rule and
govern the same our realms and other domi-
nions for the quiet preservation of the common-
wealth of our good loving and fuiihful subjects,
which said imperial crown together with all tire
titles honours preeminences and hereditaments
thereunto belonging did lawfully descend and
come by good faith right and lawful title and
course of inheritar.ee in fee simple to our late
and most dear flit In? r of worthy memory king
Henry the eighth being lawful and true inheri-
tor thereof in fee simple by the antient laws
statutes and customs of this realm and notwith-
standing that in the time of our said late father
that is to say in the 05th year of his reign there
was then one statute made iniitled an act con-
ccrninj; the establishment of the kings majesties
thereof then in the Imperial Crown of this
realm whereby it is enacted that iu case it
should happen our said late father and we then
being bis only son and heir apparent to de-
cease v^ithout heirs of his body lawfully be-
* There can be no doubt, it is conceived, of
the genuineness of this Will, althouj^h Edward's
successor who hold the crown in direct opj»osi-
tion to the iiuiitalions of tliis will would natu-
rally be disposed by every means to detract from
iti \ aliflitv. Sec MemdwLudwm lax vfefe coA.*
3c'
735] STATE TRIALS, 1 Mary, ]553 Proceedingi against Lady Jaiu Grey, [755
gotten to have and inherit the said Imperial
Crown and other o^our said late fatiiers (1«>ini-
nions according and in such manner and tbrm
as ill the Ksiid'act made in the itaid 35th year is
declurcd, tliat th^ii the said Imperial Crown
and nil oiLer the premises specified in the said
act kbodid be to the la'ly Mary by the name of
the ludy Mary our said late faUiers daui^htcr
and to the heirs of the body of the «»aid lady
Mary hnvfuUy begotten with such conditions as
by our said father sliould be limited by i)i% let-
ters patent under his great si'hI or by his last
will in writing signed with his hand and for de-
fault of such issue the said linperialX)rown and
other the premises should l»c to the lady Klizabeth
l>y the name ofthc lady £li2al>€th our said late
fathers second daughter and to the heirs of the
body of the said lady Elizabeth lawfully begotten
with such -conditions as by tlie said late father
should be (iinitcd by his letters patent under his
great teal or by his last will in writing signed
with his hand as in the said act made in the said
S5th year of our said late fathers reign and
amongst the divers and sundry other things
and provisions therein contained more plainly
and at large it doth and may appear and
for as much as the said limitation of the
Imperial Crown of this Realm being limited
by authority of parliament as is aforesaid to
the said lady Mary and lady Elizabeth being
illegitmiate and not lawfully begotten, for as
much as the marriage had between our said
late father and the lady Catherine niotlier to
the said lady Mary was dearly and lawfully
undone and separation between tliem had by
sentence of divorce nccording to the ecclchi-
astical laws. And likewise the marriage had
between our said late father and the lady Anne
mother to the said lady Elizabeth was also
clearly and lawfully undone and separation
between them had by sentence of divorce ac-
cording to the ecclesiastical laws which said
'several divorcements have been severally rati-
fyed and confirmed by authority of divers acts
of parliament remaming in their full force
streneth and eticct whcrebv as well the said
lady Mary as also the said lady Elizabetli to
all intents and purposes are and be clearly
disabled to ask claim or challenge the Imperial
Crown or any other of our honors castles
manors lordships lands tenements luid heredita-
oients as heir or heirs to us or to any other
person or persons whosoever as well for the
cause before rehearsed as also for that, that the
said hidy Mary and lady Elizabeth be unto us
but of the half blood, and therefore bv the anti-
ent laws, statutes and customs of this realm be
not inheritable unto us althoiivh they were
legitimate as they be not indeed and for as
much also as it is to be thought or at the least
much to l>e doubted that the said lady Mary
or lady Elizabeth should liereafter have and
enjoy the said Imperial Crown of this reiilm
and should then iiapfien to marry with any
stranger born out of tliis realm tl>at then the
same stranger bavins; the government and the
leiperial Crufrn iu hii hands would rather adhere
and practise to have tbe laws and conformities of
his or their own native country or countries to^
be practised or put in force within this our
realm tlian the laws statutes and customs here
of long time used w hereupon the title of in-
heritance of ail and singular our loving subjects
do depend which would then tend to the utter
subversion of the commonwealth of tliis our
realm which God defend upon all which cau&ei
and matters and upon divert other considera-
tions concerning the same we have oftexitimei
as well since the time of our sickness as in tbe
time of our health weighed and considered
with ourseif what ways and means were most
convenient to be had for the staye of our said
succession in the said Imperial Crown if it
should please God to call us out of this tran-
sitory life having no issue of our body lawfully
begotten and calling to our remembrance that
the lady Jane the lady Catherine and tlie lady
Mary daughters of our entirely beloved cousia
the lady Frances now wife to our loving cousin
and faithful counsellor Henry duke ot Suflfolk
and the lady Margaret daughter of our lata
cousins the lady Lleanora deceased sister to
the said lady Frances and the late wife of
our well beloved cousin Henry earl of Cumber-
land being very nigh of our whole blood of the
part of our fathers side and being natural born
here within the realm and have been also very
honourably brought up and exercised in good
and godly learning and other noble virtues so
as tliere is great trust and hope to be bad in
them that they be and shall very well inclined
to the advancement and setting forth of our
commonwealth doth therefore upon good deli-
beration and advice heiein had and taken and
having also thanks to the livingGod our full whole
and perfect memory do by these presents de-
clare order assign limit and appoint that if it shall
fortune us to decease having no issue of our body
lawfully begotten that then the said Imperial
Crown of this our Realms of England and Ire-
land and of the confines of the same and our
title to the crown and realme of France and all
and singular honors castles prerogatives privi-
leges pre-eminences authorities jurisdictions do-
minions possessions and hereditaments to us and
our said imperial crowne l>elonging or in any
wise appertaining shall tor lack of such issue of
our body remain come and become the eldest
sons of the l)ody of the said lady Francis law-
fully begotten being born into the woald iu our
life time and to the heirs male of the body of
the said elder the son la«<i fully begotten and so
from son to son as he shidl be of seniority in
birth of the body of tlie Siiid lady Frances law-
fully beiiotten or being born into the world in
our life time and to the heirs male of the body
I o^ every such son lau fully begotten and for
default of such son born into the world in our
life time of the body of the said lady Francel
lawfully begotten and for lack of tlie heirs male
of every MUch son lawfully begotten that then
the said iniperi:?! crowne and all and ungular
other th': prrinises shall rcmaine come and be
to the ludy Jane eldest daughter of the said
757] STATE TRIALS, 1 Mart, l553.'-and others, Jbr High Treason. [75S
ladj Frances and to the Heirs male of the body
of the sajd lady June lawfully Ijegotteh and
fur lack of such heirs male of the Ixidy of the
said lady June lawfully beirotten that then the
said inii)erial crown and ail and singular other
the pre^ibcs siiali remain come and be unto
the lady Catharine Brond daughter of the said
lady Frances and to tlie heirs mule of the body
of the said lady Catharine lawfully begotten
and for lack of the lieirs male of the said lady
Catharine lawfully begotten that then the said
imperial crown and iUland singular other the
Dremises shall remain come and be to the lady
Mary third daughter of the said lady Frances
iTvi to the heirs male of the body of the same
lady Mary lawfully begotten and for default of
lach heirs male of the body of the said lady
Hary last before named lawfully begotten that
(hen the said imperial crown and all and sin-
fDiar other the premises shall remain come and
be unto the eldest son of the body of the fourth
daughter of tbe said lady Frances and to the
bein male of the body of the same eldest son
kwfullj b^otten and so from son to son as well
of tbe body of any other daughter of the said
hdj Frances lawfully begotten as the same
other daughter and her said son shall be of
ancienty in birth and to the heirs male of the
body of evenr such son lawfully begotten and
for default of such sons and of the heirs male
of the body of every such son lawfully be-
gotten, that then the said imperial crown and
all and singidar other the premises shall remain
come and be to the eldest son of the body of
tbe lady Margaretta daughter to the lady Kleo-
none sister to tlie said lady Frances lawfully be-
gotten and to the heirs male of the body of the
tame eldest son lawfully begotten and so from
lOQ to son as he shall be of antieuty in birth
of the body of the said lady Margarett law-
iblir begotten and to the heirs male of the
body of every such son lawfully begotten and
for default of 8ui:h heirs that then the said im-
perial crown and all and singular other the
premises shall remain come and be to the
ddest son of tlie body of the eldest daughter of
the said lady Jane lawfully begotten and to
tbe heirs male of the body of the same eldest
100 lawfully begotten and so from son to son
ts bt shall be of antienty in birth of the body
of the said eldest daughter of the said lady
Jane lawfully begotten and to tlie heirs male of
the body of every such son lawfully begotten
and for lack of such heir that then the said
imperial crown and all and singular other the
premises shall remain come and be to the eldest
ton of the body of the second daughter of the
laid ladv Jane lawfully begotten, and to tbe
bein male of the body of the same eldest son
lafrfulW begotten and so from son to son as
well of th€ body of the said second daughter of
the said Udv Jane lawfully begotten us from
ioa to son or the body of any other daughter
of tbe bodT of the laid lady Jane lawfully be-
gotten u toe saint other daughter and her said
son shall be of antienty in oirth and to the
Win male of th« body of %ytrj ouch ¥)^ law-
fully begotten and for default of such son and
uf the heirs male of the body of e;very such
lawfully begotten that then the said imperial
crown and all And singuhu* other the premises
bhall remain come and he unto tlie eldest son
of the body of the eldest daughter of the said
lady Catharine lawfully begotten and to the
heirs male of the body of the said eldest son
lawfully begotten and so from son to son as
they shall be of antienty in birth of the body
of the said eldest d;iughter of the body of tlie
said lady Catharine lawfully begotten and to
the heirs male of the body of e\ ery such son
lawfully begotten and for lack of such heir that
then the said Imperial Crown and all and sin-
gular other the premises shall remain come
and be unto the eldest sim of the body of
the second daughter of the said lady Catharine
lawfully begotten and to the heirs male of the
body of the s imc eldest son lawfully begot-
ten and so from son to son as well of the body
of the said lady Catharine lawfully as from
son to son of t\\e body of any other daughter
of the same hidy Catharine lawfully begotten
as the same other daughter and her said son
shall he of antienty in birth and to the heirt
males of the body of every such son lawfully
begotten and for default of such son and of tlie
heirs male of the body of every such son law-
fully begotten that then the said Imperial
Crown and all and singular other the premises
shall remain come and be to the eldest S'm of
the body of the eldest dauohter of the said lady
Mary sister to the said lady Catharine and to
the heirs males of the body of the same eldest
son lawfully be;r<itten and so from son to son as
he sluill be of antienty in birth of the body of
the said eldest daughter of the said huly Mary
sister to tiie said lady Catharine lawfully be-
gotten and to the heirs male of the body of
every such son lawfully begotten and fur lack
of %uch heir that then the said Imperial Crown
and all and singular other the premises shall
remain come and be to the eldest son of the
body of the second daughter uf the said lady
Mary sister to ihe said lady Catharine lawfully
begotten and to the heirs male of tlie body of
the same eldest son lawfully begotten and so
from son to son as he shall be of antienty in
birth as well of the body of the said second
daughter of the said lady Mary sister to the said
lady Catharine lawfully begotten as from son to
son of the body of any other daughter of the
said lady Mary sister of the said lady Catharine
lawfully begotten and to the heirs males of tbe
body of every such son lawfully begotten and
for default of such son and of the heirs male of
the body of every such son lawfully begotten
that then the said Imperial Crown and all and
singular other the premises sliall remain come
and be to the eldest son of the body of the el-
dest daughter of the said fourth daughter of the
said lady Francis lawfully begotten and to the
heirs male of the body of the same eldest son
lawfully begotten and so from son to son
as he shall be of antienty in birth of the body
of the said eldest daughter of Ihe said fburtli
7^50] STATE TRIALS, 1 Mary, 1 5 5S, ^Proceedings against Lady June Grey. [700
daughter of the sakl lady Francis la\ifully be-
gotten and to the heirs males ot* the body of
every such son lawfully begotten and for default
of such son and of the heirs males of tl\c body
of every such son lawfully begotten that then
the said Imperial "Crown and all and singular -
other the premises shall remain come and be
to the eldest son of the body of the eldest
daughter of the body of the said lady Margaret
lawfully begotten and lo the heirs males of the !
body of the same eldest son lawfully begotten j
and so from sou to son as 'he shall be in an-
tieaty of birth of the body of the said eldest
daughter of the said lady Margaret lawfully be-
gotten and to the heirs males of the body of
every such son lawfully begotten and our mind
determination and pleasure is tl>at after our de-
cease any such heir male as is before declared
and being king of this realm be entered into
eighteen years of ai;e that then he shall have
the whole rule and governance of tlie said
Impel ial Crown and other the premibcs but
that after the decease of the said lady Jane,
lady Catharine and lady Mary to whom as
appertaincth the estate of the Crown and such
heir male limited and appointed as is aforesaid
be under the age of seventeen years complete
that then his mother to be governor of the said
Imperial Crown and other the premisfs 'until
the said heir male shall enter his age of ci^i-
teen years and that she shall do nothing without
the advice of 6 person parcels parcel of a coun-
sel to the number of 30 persons to be appoint-
ed by us in our last will and that the mother of
such heir male limited and af)pointed by us in
our last will and that the mother of such heir
male limited and appointed as is aforesaid shall
be deceased before any such heir male shall be
intitled to have the said Imperial Crown and
< other the promises or bhall die before the same
bcir male should enter into his age of 13 years
as is afoECsuid that then the said Imperial
Crown and other the premises shall be governed
by the council Provided always that after the
said heir male shall be of the n;!e of 18 years
complete all matters of importance shitll be
opened and declared unto him and that during
the rule oi the said mother being governor as is
aforesaid it shall fortune 4 of the council to die
tliat then she by her letters shall have authority
to call and asseu^ble of the whole council re-
maining wichin one month then next following
to cliuiK! 4 more to be of the said council to
make up the said council of 30 persons in which
case slie shall have only 3 voices but after her
death the 26 of the said council oCoO persons
shall chu«e so many persons to be of the said
council Hit siiall with tliemselvcs make up tlie
said couiu il to tl>e said number of 30 persons
provided always that tiie said iieir male when
lie bhail come to tlie age of 18 years sliall reign
by ilic advice of the said council so many to be of
the said cdudciI as shall then want of the s^iid
number of 30 persons to make up and fulfill tlie
said number of the said council of 30 persons
fuid we will that this our declaration order as-
slJlonieDt Umit^on and appoiiitmeot be truly
obser\'ed performed and kept in all things and
further we will and cliarge all our nobles li>rds
spiritual and temporal and all our commons of
these our said realms and the mardies of the
same upon their allegiance that they and every
of them do perform and execute this our pre-
sent declaration and limitation concerning the
succe^bion of the crown of this our said realms
and other the premises and to this our said de-
claration and limitation concerning ihe same
established ratilied and contirmed as well by
authority of parliament as by all ways and
means as they can to the best of their po%vers
and to repress reform repeal and make void all
acts of parliament and all other things tliat shall
seem or be in any wise contniry let or distur-
bance of this our pleasure and appointment as
they will answer afore God under the common-
wealth of these our rcahns and avoid our indigo
nation and displeasure And iu witness that
this is our very true mind and intent touching
fhe succession of our said Imperial Crown and
all other the premises we lia\*c hereunto set our
sign manual and our great seal the 2 1st day of
June in the 7th year of our reigu in the{urs-
seiice of our counsellors and other our nobles
whose names arc underwritten to aituess nt*
cord and le»tiiy the same
Witnesses.
T. Cant., T. Ely, cane, Winchester, Xor-
thuinb., Jo. Bedford, H. Suffolk, W. North-
• ton, Aruiidcll, Oxford, H. Westmorland, F.
Shrewsbury, John Warwick, W. Worcester,
F. Huntingdon, Pcnbroke, £. Clinton, F.
Darcy, Nic. London, Henry Abing^, G,
Cobham, W ill. Grey, G. Tallbot, T. Fitiwa-
ters, William Windesor, J. Bra^', Tliom.
Weiitworthe, John St. John, H. HiclHi, Wil-
hum Willoui^hby, Francis Russell, J. Fiti-
warrin, G. Fitzgerald, H. Strange, Thomas
Gray, Chenye, William Bo, Richard Cotten«
John Gate, Will. Pelres, VY. Cecille, John
Cheek, Roger Cholmeley, Edward Munta*
gue, Henry Bradscliawe, John Bukere, Horn?
fre Brown, Henry Portman, Robart Bowis,
Ja, Masone, R. Sadler, Ricli. Sakeingle,
Edward Northe, A, Seutleger, WilL Paget,
Tho. W^rothe, Henry Sydney, Morris Bark-
ley, N. Throgiuorlon, Ric. Blount, Henri
Gage, Ric. Southwell, John Williams, Henri
Norres, Antoni Browne, James Dyer, Jolm
Gosnold, Will. Fitzwilliam, Willm. Crokc,
Henry Newiil.
George Barne, Ma}'or.
John Grcsham, Andrew Jndde, Ric. Dob-
byx, W. DarNselle, Augu'^tin Htndc, John
Lambarde, Tliomas Ufllev, Will. Garrard,
Luwranc Wether, Edwar(f Rogercs, Adrian
Poinings, P*mo Will. Huitt, R. Bret, P me
William Chester, Antony Browne, John
Rayiifoid, Ro. Southwell, By nic ThooBits
Zodge, I'homas Bowere, Kmanuel Zucar,
John Willier, Wm. Bury, Ricliard Mallorye,
Henry Fishfr, Apoforo Duwutesey, Ric.
Cbamblya, Henry Brown, Richard tiilies,
WiUittn Knigh^ WilUam GyOonii Ric
Broke, W. Biiry,
761] STATE TRIALS, 1 Mary, I55y—Arraigiwiaa <^ the Duk» qf Suffoik. [762
JJem. This in a true Copy of Edward ihe 6cL*s.
Will taken out of the Originul under the
Great Seal which Robert C^iUoa delivered
to* the Kintr's xMajcbty the 17th of April 1611
at Ruyston to be cancelled.
Ha|>in's Account of the making of this In-
stniinent is as follows :
'* Mean while Edward whs still troubled with
a deduction ujtou his lungs, which wasted him
by dej^reeSy and daily ^|;rew mure dangerous.
Some aflirm downright, that a slow poi^iU had
been given him, and tlirow the suspicion of it
upon the duke of Northumberland. Others
only insinuate such a thing, without saying it
positively. But when all is done, both speak
only by conjecture, without giving any proof.
The young king saw deatli approaching uithout
anr fears as to himself. But he could not
reflect, without an extreme concern, on the
state Religion would be iu under his sister
miary, who was to succeed him. It is very
probable the duke of Northumberland, |vho
hardly ever left liim since his illness, tuok care
to heighten his fears in that respect, on purpose
to bring him tlie more easily to tlie puss he de-
sired. Ail hopes however of the king's reco-
very were not given over till the middle of
May, when in all likelihood the physicians told
the duke of Nuithumberland his case was des-
perate. Then it was that he matched the Lord
Guilford Dudley, his fourtli son, the only one
unmarried, with Jane Grey, eldest daughter of
•tiie new duke of Sulfolk, by Francis Brandon,
who was by Henry 8tli's Will the next in the
succession after the princess Elizabeth. At
the same time Jane*s two sisters were also mar-
ried ; the second, tlie lady Catherine, to the
carl of Pembroke's eldcbt son, the lord Herbert ;
the third, the lady Mary, [who was crooked]
to [the king's groom-porier] Martin Keys.
These marriages were solemnized about the
end of .May, when there was no hope of the
king's recovery. At last, one day as the youn*;
king was expressing the excessive trouble he
was uuder, when he considered the princess
Maryiiis sister would do her utmost endeavour
t'j destroy the refurmiuion, ilie duke of Nor-
tiiumberlund broke the ice. He represented
t'l the king that there was but one way to pre-
vent the mbfurtunes England was threatened
with, ill case the princes& Mary ascended the
throne after him ; and that was, to settle the.
cruwo on the lady Jane Grey his daughter^iii*
law. Indeed it was natural in eurluding Mary,
to transfer tiic crown to her sister Eloabetb,
whom tite king tenderly loved, and who was
a hearty friend to the re fo rmatio^i. But pro-
bably the duke told the king, that as he cuuld
not set aside Mary but on the specious pre-
tence of her being illegitimated, the same rea-
s(iu was in force with regard to Elizabeth,
since the marriages of their mothers were alike
annulled. That therefore, either the succession
was to be left as the late king had settled it, or
the princesses were to be both excluded toge-
ther. Very likely the young king who foiuul
himself dyina, and who thought only of saving
the reformation from the impending d( atrucrion,
was prevailed upon by t)ii» argmucnt, to sucri*
hcc the princess Klizabcili. Besides, he had a
very great esteetu and aifcction for Jane Grey,
who was an accomplished lady both in body^
and mind. — However this he, tlie king having
taken the resolution sujigc'sted t'> liim hy the
duke of Northumberland, three judges «>£ tlie
reahn were sent for, and required to draw an
assignment of the crown to Jane Grey. The
judges desired a little time to consider of it.
At last they answered, they coidd not take
upon them to do any such thiag, witliout being
guilty of bigh«treas(in. Adding, that all the
privy-counsellors who conseiued to the ussign-
m<;nt, would unavoidably be liable to the pains
expressed in the act oi parlian>ent made for
that purpose. Upon which the duke of Nor-
tlmmberland fell mto such a passion, that he
had like to have beaten the iu(kes ; neverthe-
less they stood to what they had said. On the
loth of June they wore sent for again, and at
length by threats and the expcdiv-niof a pardon
nmier the great seal, they were wrought upon
to draw the settlement of the crown, which was
si^rned by all the rest of the judges except
Hales,- who could never be prevailed with to
do. it. All the privy-counsellors set their handft
to it likewise on the 21st of the same month.
Craniner was absent that day on purpose to
avoid signing : but tlie king importuned him
so much, that he set his hand at last us a wit-
ness, as it is pretended, and not as a privy-i
counsellor."
48. Arraignment and Execution
folk: I Marv, A. d. 1553.
3 Fox's Acts and Monum. 6'
As to the duke of Suffolk, there is in the Cotto-
niau colleciion a brief MS. account of him in
the following words :
Henry Fitzallan lord Maltravcrs and lord
fteward of her majesty's houshold and lord
hii;h steward of England at the Arraignement
of Henry lord Grey duke of Sulfolk, lather of
the lady Jane> married to Guilford Dudley:
of Henry Grey duke of Suf-
[Cotton. MSS. in Brit. Museum,
17.]
This Henry duke of SuOfolk beins: condemned
hy his peers for combinir.g in rebellion with
Wyatt a{:;ainst the Qoecn and her proceedings
with Spain had sentence of death proiuninced
against him, wliich he sutTered the 'H^id ot Feb.
upou the Tower-hill, \%hcre he nio^t christianly
made profession ol'hi^ f 'itli u ith great repentance
of his fact. — ^This duke's facility too by pructicis
7W] STATE TRIALS, 1 Mary, 155%.— Arraignmtnt qfth Duke qfSuffM. [76i
had occasioned the troahles wherewith this
reakn had for some years beea distracted, and
bis rash ingratitude, the queen having once
pardoned him beyond expectation, had diverted
the current of the queen's clemency towards his
daughter the lady Jane, whose life, it was gene-
rally conceived, she would have pardoned but
her father's miscouncelled rashness hastened her
dealth. ,
Fox's Account is as follows :
Upon Saturday, being the 17th of February,
the duke of Suffolk was arraiened at Westmin-
ster, and the same day condemned to die by
his peers, the earl of Arundel was chief judge
for this day. Upon the Sunday following, which
was the IBth day of the said month, sessions was
kept in London, which hath not before been
kept upon the Sunday. Upon the Monday,
the 19th of Feb. lord Cobham's three sons, and
four other men were arraigned at Westminster :
of which sons the youngest was condemned,
whose name was Thomas, and the other two
came not at the bar, and the other four were
condemned. Upon the Tuesday, being the
^th of Feb. the lord John Gray was arraigned
at Westn[>inster, and there condemned the same
day, and other three men, whereof one was
named Nailer. Upon Wednesday, the 21st of
Feb. the lord Tliomas Gray, and sir James
Croft were brought through London to the
Tower with a number of horsemen. Upon the
Thursday, being the 2'iiid of Feb. sir Nicholas
Tbrogmorton was committed to the Tower.
Upon the Friday, being the SSd of Feb. 165i,
the duke of Suffolk was beheaded at the Tower-
hill, tlie order of whose death here followetb:
The godly Bad and Death of the Duke of Suf-
folk beheaded at Toxoer-hUl, Feb, 2Zrd 1554.
On Friday th^ 2Srd of Feb. 1554, about liinc
of thc^clock in the forenoon, the lord Henry
Gray, duke of SuiFolk, was brought forth of the
Tower of London unto the scaffold on the
Tower- hill, with a great company, &c. and in
his coming thither, there accompanied him
doctor Weston as his ghostly father, notwitli-
standing, as it should seem, against the will of
the said duke. For when the duke went up to
the scaffold, the said Weston being on the left
hand, pleased to ^o up with him. The duke
with liis hand, put him down again off the
stairs : and Weston, taking hold of the duke,
forced him down likewise. And as tliey as-
cended the second timCi the duke again put him
down. — ^Tlien Weston said that it was the
queen's pleasure he should so do. \Y^re^i^h
the duke casting his hands abroad, ascended up
the scaffold, and paused a pretty while after.
And then he said : *' Masters, I have offended
tlie queen, and her laws, and thereby am justly
condemned to die, and am willing to die, de-
siring all men to be obedient, and 1 pray God
that this my death may be an example to all
men, beseeching you all to bear me witness,
that I die in the faith of Qhrist, trusting to be
saved by his blood only, and by no other trum-
pery, the which died for me, and for all them
that truly repent, and stedfastly trust in him.
And I do repent, desiring you all to pray to
God for me; and that when you see my breath
depart from me, you will pray to God that he
may receive my soul." And then he desired all
men to forgive him, saying that the queen had
forgiven him.
Then Mr. Weston declared with a loud voice
that the queen's majesty had forgiven him.
With that divers of tlie standers by said with
meetly good and audible voice : Such forgive-
ness God send thee, meaning Dr. Westoo.
{Then the duke kneeled down upon his knees,
I and said the Psalm Miserere mei Deiu unto the
)end, holding up his hands, and looking up to
heaven. And when he had ended the Psalm,
he said. In manus tuas Domine tvmmendo spirh-
turn weuntf ike. Then he arose and stood up,
and delivered his cap and his scarf unto the ex-
ecutioner.
Then the said executioner kneeled down, and
asked the duke forgiveness. And the duke said
God forgive thee, and I do: and when thou
doest thine office, I pray thee do it well, and
bring roe out of this world quickly, and God
have mercy to thee. Then stood there a man
and said, My lord how shall I do for the money
that you do owe me.^ and the duke said, Alas
good fellow, I pray thee trouble nie not now,
but go* thy way to my officers. Then he knit
a kercher about his tace, and kneeled down
and said^ * Our Father which art in heaven,
&c.' unto the end. And then he said, Christ
have mercy upon me, and hiid down his head
ion tiie block, and the executioner took the axe,
. and at the first chop stroke off his head, and
. held it up to the people, &:c.
The same day a number of prisoners had
their pardon, and came through the city with
their halters about their necks. There were
in number about 200.
765] STATE TRIALS, 1 Mary, \553.—Tfialqf the Duke qfN(nihiimberkmd,Sfc. [7(J6
49. The Trials of John Dijdley duke of Northumberland, Wil-
liam Parr marquis of Northampton, and John Dudley earl
of Warwick, for High Treason, in the Court of the Lord High
Steward, at Westminster, 18th August, 1 Mart, a. d. 1553;
and also of Sir John Gates, Sir Henry Gates, Sir Andrew
Dudley, and Sir Thomas Palmer, at Westminster, for the
same Crime, the day following. [Harleian MSS. 2 Kennett's
Compl Hist. 334.]
["The Proceedings against these noblemen and
others, for asserting the Title of the lady
Jane Grev to the Crown, and opposing tbat
of queen Mary, seem to deserve a place in
this Collection, chiefly on account >of the
questions of law proposed to the court by
Uie duke of Northumberland, previously to
his confession of the Indictment. The Har-
leian Manuscript, which we shall first lay
before the reader, is copied from Hollings-
bead, except the latter part about the mar-
quis of Northampton and the earl of War-
wick. Tbe next account of the transaction
acknowledged by bishop Godwm to be ex-
tracted from the great French Historian of
his own time, the president de Thou." Har-
\ grave.]
• Extract from the Harleian Manuscript.
Thomas duke of Norfolke sittinge as high
steward of England, on the 18th day of August
were brought before him John Dudley duke of
Northumberland, William Parre marqucsse of
Northampton, and the earle of Warwicke,
lonne to the duke of Northumberland. Tbe
duke of Northumberland, att his cominge to
tbe barre, vsed greate reverence towards the
jndgesy and protestinge his ffaith and obedience
to tbe queene's majesty, whome he confessed
grievously to haue offended, he said ; that bee
meant not to speake any tbinge in defence of
bimselfe ; but would first vndersund the opi-
nion of the courte in two poidts. 1. Whether
1 man, doinge an acte by tbe authority of the 1 ^,5^.
And to the second, it was alleadeed, that, if
any were as deepely to bee touched as himselfe
in that case, ^et as lopge as noe atteindor were
of record agamst them, they were neverthelesse
persons able in the law^ to passe vpon any
tryall, and not to bee challenged therefore, but
att the princes pleasure.
Afler which Answere, the duke vsinge fewe
words, declared his earnest repentance in thm
case, (for hee saw, that to stand vpon vtteringc
any reasonable matter would little prevaile)
and moved the duke of Norfolke to bee a
meanes vnto the queene for mercy, and without
further answeare confessed tbe Indictment ; bj
whose example alsoe the other prisoners ar-
raigned with him did likewise confesse the in-
dictment produced against them, and therevpon
had judgment.
The Judgment beinge pronounced, hee craved
favour of such a death as was executed on
noblemen, and not rhe other ; hee beseeching
also that a favourable regard might bee Lad of
his children in respect of theire age, and that
hee might bee permitted to cooferre with some
leameddivine for the settlinge of his conscience;
and lastly, that her majestic would bee pleased
to send vnto him fowre of her counsell for the
discovery of some things which might concerao
the state.
The marquesse of Northampton pleaded to
his Indictment, that afler the beginninge of
these tumults hee had forborne the execution
of any publique office ; and that all the while
hee, mtent to huntinge and other sports, did
not partake in the conspiracy ; but it being*
manifest that hee wast party with the duke of
I Northumberland, sentence passed on him like-
prince and counsell, and by a warrant of the
Ifreate seale of England, and doeinge notliinge
without the same, may bee charged for treason
fur any thinge which hee might doe by warrant
thereof? 2. Whether any such persons, as
were equally culpable in that crime, and those
by whose letterb and commaundements he was
directed in all his doeings, might bee his judges,
or passe vpon his try all att his death f
Wherevnto was aosweared, That, as con-
ceminge the first, tlie greate scale, which hee
lajd for bis warrant, was not the scale of tbe
lawfuil queene of the realme, nor passed by
•wbority, but tbe leale of hn Usurper, and
Cboifai would b«9 no* WArrant for him.-^
The earle of Warwicke, fyndinge that the
Judges in soe greate a cause, admitted noe ex-
cuse of age, wjth greate resolucion heard bi»
condempacion pronounced against him, crav-
ingc only this favour ; that, whereas the goods
of those who are condemned for treason are
totally confiscated; yet her majestie would bee
pleased, that out of"^ them his debts might bee
payd. — After this they were all returned
agayne to the Tower.
EMtractfrom 2 Kenn. Compi, Hist. 334.
* Ov the 18th of August, tbe duke of Norfolk
sitting as lord high steward, those concerned ia
tbe ftebellioa were tried at Westminster;
767] CTATE TRIALS, 2 Maky, 1 55i.'— Proceedings against ArcUnshop <Jranmtr [768
wlierp the duke of Northumberland, with Iiis
eldest son the earl of Warwick, and the m«r-
■quis of Northampton, were found guilty of
High Treason. The account of that day's pro-
ceeding's, and of the day following, I shall here
transcribe from Tlinanus, a writer of great
fame; because, rhou^ch I do not entirely approve
all he has set down, I think he keeps very near
to truth, and the reader, perhaps^ will not be
ill entertained with the variety of opinions upon
this matter.
" The duke of Northumberland, says he,
alledged, 'I'hat he did nothing but by order of
the council, yet this would not excuse him ; so
that he was condemned as a traitor. When
the sentence was pronounced, he beg«;ed that
it might be mitigated, as to the manner of
his death, and that liis children, in regard to
their tender years, mi^ht find mercy; and that
he might have the hberty of speaking with
tome learned divine (for the settling of his con-
'science). And lastly, that her majesty would
'be pleased to send to him four of her privy-
council, to whom he had some things to com-
municate, relating to the public. Then cante
on the trial of the marquis of Northampton,
who pretended, that he had not any hand in
the rebellion, nor was engaged in any party,
but havine no public post, had 8f)ent ail the
time in his usual diversion of hunting, and
other sports (a), Howo'er, it appeared that
be was engctged on Northumberland's side, and
therefore he was likewise condemned. After-
wards, the earl of War\«'ick, Northumberland's
'eldest son, when the plea of his youth would*
not be admitted in excuse of so great a crime,
'received his sentence of death with a wonder-
*ftU constancy ; and only prayed her mujertty,
that out of his estate confiscated, his debts
might be discharged. These were presently
sent back to the Tower. The next day, sir
Andrew Dudley, Northumberland's brother,
and sir John Gates, who was supposed the first
author of setting up lady Jane, with his brother
Henry Gates, and sir Thomas Palmer, were
condemned. The 22d of August they were
a*' The contrary to which was notorious ;
I'rthampton was one of queen Jane's privy
counsellors, and signed a letter, July tlic 9th,
among the rest of her privy-council, to the lady
Mary, as they stiled her, requiring her'to desist,
and be quiet and obedient; besides his going
^longwith the duke in all his counsels.^' Kennet.
brought out to execution, having two days be-
fore received the Sacrament in prison. Nor-
thumberland, by the persuasion of Heath, after-
wards archbishop or York, made a speech to
I the people, in which he ccmfeased his crime and
{repentance, and advised all who were present
i to adhere to (he ancient religion of their fore-
' fathers, and rejecting the new opinions, as the
source of idl the evils that had befallen them
for 30 years past, to drive the preachers of
them, as trumpeters of sedition, out of the
kingdom, if they would approve themselves in-
nocent before Gt)d and the public. He de-
clared that in his heart he had always been for
the old religion, and appealed for tlic truth of
this to his intimate friend the bishop of Wor-
cester, but he had temporised out of amb.iLi^^
for which he now was a sincere penitent ; and
la&tly, that he willingly submitted to his death,
which he owned he had desen-ed. Having
said this, he recommended himself to God, and
desiring the prayers of the spectators, prepared
to receive tlic stroke ; and immediately the ex-
ecutioner performed his ofBce. Northumber-.
land's exhortations variously affected tlie minds
of the people, who n ere amazed to hear him
speak against that religion, which he had pro-
fessed for above 30 years; and on the account
of which chicfiy he had advised king Edward to
exclude his sisters. Most have written, tliat
being a cunning man, and fond of life, he did
this in hopes of a pardon; and that when he
looked round him and saw he was deceived, he
repented of it (b). He was charged, upon no
trivial conjectures, with having poisoned the
late king. But nothing of this was mentioned
at his trial ; because his judges undertook not
the examination into king Edward's death, but
only tlie business of the rebellion against queen
Mary. Gates too and Palmer underwent the
same punishment.^'
(h) Fox, who lived in these times, confirms
and dears this matter : wlio writes, tliat the
duke had a promise mtide him of a pardon ;
yea, though his head were upon the block, on
condition he would recant, and hear mass. On
whicli promise he firmly relied, and did what
was required ; and still born up with tlie saino
hope, on tiie scaffold denied, in- word and out-
ward profession, that true religion which he
had often, both in king Ilenr^-'s and king Ed-
ward's days, evidently declared himself to favour
and further. Id.
50. Proceedings against Thomas Cranmer, Archbishop of Can-
terbury, tor Treason and Heresy : 2 Mary, 3 Phil. & Mary,
A.D. 1354, 1556. [3 Fox's Acts and Monum. 64?.]
King Ed^-ard iKe si\th, a prince of most
'worthy towardness, falling sick, vi hen ha per-
ceivca that his death was at hand, and the
'Ciroe of his painful disease would not suffer
tun to live longer^ and knowing that his sister
Mary was wholly wedded to popish reii^ion,
bequeathed the bucces&ion of this realm to the
lady Jane, a lady of ^cat birth, but of greater
lcarnini{, l>eing niece to kiog Henry 8tb by bis
sister, by consent of the council aod hwyers of
769]
STATE TRIALS, 1 Mary, 1553.— /or Treason and Heresy.
[770
this realm *. To this Testament of the king's,
when all the nobles of the realm, states and
judges had subscribed ; they sent for the Arch-
bishops and required him that he also would
subscribe. But he excusing himself on this
manner, said, that it was otherwise in the Tes-
tament of. king Henry his father, and that he
bad sworn to the succession of Mary, as then
the next heir, by which oath he was so bound,
that without maiflfest perjury he could nut go
from it. The Council answered, that they
were not ignorant of that, and that they had
conscience as well as he, and moreover that
diey were sworn to that Testament, and tiiere-
ibrc he should not think there was any danger
therein, or that he should be in more peri) of
perjury tlian the rest. To tliis the Archbishop
answered, that he was judge of no man's con-
Bciencc but his own : and therefore as he
would not be prejudicial to others, so he would
not commit his conscience unto other men*s
fiicts, or cast himself into danger, seeing that
every man should give account of his own
conscience, and not ('f other men's. And as
concerning subscription, before he had spoken
with the king himself, he utterly refused to
do it.
The king therefore being demanded of the
Ardibishop concerning this matter, said, tliat
the nobles and lawyers of the realm counselled
him unto it, and persuaded liim that the bond
of the first testament could nothing let, but
that tliis lady Jane might succeed him as beir,
and the people without danger acknowledge
her as tlieir queen. Who then demanding
leave of the king, that he might first talk with
certain lawyers that were in the conrt ; when
they all agreed that by luw of the realm
it might be so, returning to the king, with much
ado he subscribed.
Well, nut long nttcr this, king £dward died,
being almost 16 years old, to the great sorrow,
but greater calamity of the whole realm. After
wbo^e decease immediately it was command-
ed that the lady Jane, which was unviiljing
thereunto, should be proclaimed queen. Wliich
thing much misliked the common people ; not
that ihey did so much favour Mary, before
whom Uiey saw the lady Jane preferred, as for
the hatred conceived againiit some, whom they
could not favour.
Besides this, other causes there happened
also of discord between the nobles and the
commons the same time : fur what injuries of
common^ and inclosures wrongfully holdcn,
with other inordinate pollings and uncharitable
dealing between the landlords and tenants, 1
caoDot tell. But in fine, thus the matter fell
out, that Mary hearing ul the death of her bro-
ther, and shining for luT^iclf, was so assisted by
the commons, that eftsoons she prevailed.
Who, being estabiihhcd in the posbcssiun of
the realm, not long after came to Tendon, and
after ube had caused first the two fathers, the
doke of Northumberland and the duke of Suf-
• Sec p. 754,
VOL. I.
folk to be executed, likewise she caused tlie
lady Jane, being both in age tender, and inno-
cent from this crime, after she could by no
means be turned from the constancy of her
faith, together with her husband, to be behead-
ed.— The rest of the nobles paying fines were
forgiven, the archbishop of (anierhury only
excepted. Who though he desired pardon by
means of his friends, could obtain nunc ; inso-
much that the queen would nut once vouch-
safe to see him. For as yet the old grudge
against the archbishop for the divorcement of
her mother, remained hid in the bottom of
her heart. Besides this divorce, she remem-
bered the state of religion changed; all which
was imputed to the archbishop as the cause
thereof.
While these things were in doing, a rumour
was in all mens mouths, that the nrchbishop, to
curry favour with the queen, had promised to
say a dirge mass after the old custom, for the
funeral of king Edward her brother. Neither
wanted there some which reported that he had
already said mass at Canterbury ; wliich mass
indeed was said by Dr. Thornton. This ru-
mour Cranmer thinking speedily to stay, gave
forth a writing of his purgation.
Tliis Bill being thus written, and lying open-
ly in a window m his chamber, cometli in by
chance master Story, bishop then of Kuches-
ter, who after he had read and perused the
same, required of the archbishop to have a
copy of the bill. The abp. when he had grant-
ed and permitted the same to master StoiT, by
the occasion thereof master Story lenduii; it
to some friend of his, there wt re divers copies
taken out thereof, and the thing published
abroad aniuiig the cummun people : insomuch
that every scrivener's shop almost, was occupi-
ed in writing and cupyhig out the same : and
so at length some of these copies coming to the
bishop's hands, and so brought to the council,
and they sending it to the commissioners, the
matter was known, and so he cunimanded to
appear.
Whereupun Dr. Cranmer at his day prefix-
ed, appeared before the said commissioners,
bringmg a true inventory, as he was cuminand-
ed, of all his goods. '1 hat done, a bishop of
the queen's privy council, (Dr. Heath, bishop
after of York) being one of the said commis-
sioners, after the inventory was received,
bringing in mention of the bill ; My lord, said
he, there is a bill put forth in your namcy
wherein you seem to be aggrieved with setting
up the mass agahi ; we doubt nut but yon are
sorry that it is gone abroad. — To whuin the
archbishup answered again, saying, As I do
not deny myselt' to be the very author of that
bill or letter, so must I confess here unto yuu,
concerning the same bill, that 1 am sorry that
the said bill went fnmi me in such sort as it
did. For when I had written it, Dr. Story got
the copy of me, and is now come abrrKid, and
as I understand, the city is full of it. Fur
which T am sorry, that it so passed my hand* ;
for I intended otherwise to have made it in a
3 D
771] STATE TRIALS, l Mary, ]553.—Proceedwss against Archbishop Cranmer, [772
more large and :iniple nmniier, and minded to . ton and otlier of the university, whereby they
have SL't it on l*nnl & church (lour, and on the . were jiidj;ed to be heretics, and so coinnt'tted
doors otall the iliurclie^ in I^Midoii, uiili ininc j to the niayor and hheniFs. of Oxford. But for-
ov%n seal joined il.i'icto. ! asmuch as the sriiience given against them was
At whicli words, when jhcy s-aw thv constant- ; void iii law (for at that time the authority of
ntss of the man, they di-rnii^-.-iMl him, atlinnii i; \ the pope was not yet received into the land)
tliat they bad no nunc at liiat present to siy i therefore was a new commission sent from
unto him, but that sliorily he slioiihl hear fur- Home, and a new p^oce^s framed for the con-
ther. The said bishop declaie<l afterward to viction of these reverend and godly learned
one of Dr. Cianmcr's friends, iljnl not«ith- men aforesaid. In which <fDmmission, first
standing his attainder ot'trcasun, the <]UGen\ was Dr. James Brooks bishop of Glocester ttie
determination at tint time w-.is, that Cranmtr ' pope's subdelcgate, with Dr. Martin, and Dr.
should only have been (k'piived of his archbi- Story, commissioners in the king and quccn*a
shopric, and have had a Miilleient living aS'
signed him, upon his exhibiting of a true inven-
tory, with commandment to keep his house
bchair, for the execution of the same. Of the
i^hich three conmiissioners above named, as
touching Dr. Martin, tliis by the way is to be
without ni< ddhng in matters of religion. But j understood, that although he was used for an
how true that was, I have n«>i to say. This is j instrument of the Pope's side, to serve a turn
certain, that not long after thi^, he was sent \ (whose book also is extant ^against the law^
unto the 'J'ower, and soon after condemned of ful marriage of priests) yet notwithstanding
Treason. Notwithstanding the (pieen, when neither was he so bitter an enemy in this perse-
she could not honestly deny him his pardon, cution, as other commissioners were; and alio
seeing ali the rest were discharged, and speci- | in this time of queen iLhzabeth, where divers
ally, seeing ho last, of all other, subscribed to other doctors of the Arches refused to be
king ]'dwar*l'b request, and that against his
own will, released to him hi> aciJ)nol'Trea*»on,
and acruMMl him onlv of llcre'^v; which liked
the archbi-^hop rijilit \\e!l, a:ifl r-amc to pa^i :!s
he wishtd, h(c:iu*t' the cn!i;>e v.a!»not li** own,
sworn against the pope, he denied not th«
oath ; and yet notwitiistanding not altogether
here to be excused. But to the purpose of this
story. Whereof rtr^t it shall be requisite to de-
(^iare the circumstance, and the wnole state of
our hands.
Jmpri ///s, here is to be understood, that at
the con i.'g down of the t'oresaid commission-
ers, which wris n}\on Thurs<lay, the 12th of
Sept. I.'jSS, in the K liurch <'f Saint Mary, and
in tlic r.r.^it end of the s:iid church at the high
:>ltar. was crcet.d a soh-um scaiVold for bishop
Ih/ioks atoresjsid, rej-n si nting the pope's per-
son, tcfi foot high. 1 he seat was made that
he midit sit under the sacrament of the altar.
And on the ri^hr \\\\w\ of tin; pope's delegate
l)(iu::i:h him s.it J )r. Martin, and on the left
hand !»at Dr. Siory the king and queen's com-
mi-sioinTs, which were both doclor> of the
hut C'hrivi'.- ; n«>t the (pieen'.s, bni tiie church's, i the matter, as in a general description, before
Thus stoi'd the cause of ('raim;er, till :itlen;;lh ' we coiiit< to their orations, according as in a
it was detrrminc-d by the queen ;tiid rite roun- . ))arccl < f a certain letter toaching the same,
ril, that he should be rcniovcd from the Tower i it came lo
where he was priMoner, toOxtord, there to dis-
pute with the doctors and divinis. Antl pri-
vilv word was sent before to rhcm of Ox-
ford to prepare th rn^elvt s, and make them
ready to dispute. And although the queen
and the bishops had coiu'iudcd before what
shoidil hecrime of him, yet it pleased them
that the niatier hhcjuid be debated with argu-
meiit*;, that \inder some honest shew nf disptil:!-
tion the murder of the man might be covered.
Neith.er « oitld their h:;sr.y spied of revengc-
mrnt abiik' any h»ng delay ; ijjmI therclore in
all haste he wa^ carrii.-:! to ()\foid.
Without reciting the p:uiicnlar> of thl> dis- . ci\il l.iw, and underncaih ihcm other doctors^
put:ition or his con<lenin:ai'jn by the university ' fcrrihes, and nharisccs alvi, with the pope's
and the urolocusor, wc- now proceed to I. is tinal . colie-iior, and a rahblcmcnt of such otiicr like.
jud:r!iieat and order «»f end-, iiwialion, which! And thus ilw^c bishops being placed in their
waM the 1 Mil day of .'^e|"tc:iil cr, l.'io.'i, and poniitiralibns, tfie bishop of Canterbury wat
seven djy-* bLfore tlic con. I( iwiiaiiun of bi.-:hop :,ciit l\>r to come before them, lie having in-
Uidle\ u:'.d mn'ter l/.tiniir. The story where- ,' ttllit;cnce of them that were there, thus or-
gf lieT-.' t;dl.)weth, fiithfuily e.ji reeled by the . <leied hhnstlf. He came forth of the prison to
KLjUTt oiifl N.j:ratii»n (cMiiin;; by chance to ' the church of saint Mary, set forth with bills
( nr l.:!.I-) of <'i»e wla) l'u;|£ bolli pros.^eL j . iid .^-Icves for t'ear he should start away, being
(l.e»-L ■■■. ai:.l III o a do\<Jiit f •.fiui-r oi ih;' ^n; , c!- ;bcd in a fair black gown, with his hood on
pjid i.:i.ri >.» oi' U..,iie, ran I:;ck \v) cvlXw :l h,<th shouhlers, such as doctors of divinity in
tiowi . \\\\\: •riu'h, which >ei !. v.l'.i they i':m ! » ■ the nnivernity use to wear. Who, atler he was
di-eiiil'. wiiaisoevcr Hj.ikcth n.;t \\'\\\\ tl. ir .« mjo into the church, and did si e tlifni sit in
ph. lit. j.-d rvh'.ion of Ucim-. j il;(ir pontifiealibns, he did not jiut otV Ids cap
.U'« :• the di'*;iui:i:i.ii-' tioric and linis'.ed in ' lo Mxy of thrm, but stood still till that he was
Oxii'il between rli. d.ic'tns i.if hutii uhivrjsi- r.i;lid. And anon one of ihe proctors for the
ties, aiid till? ihi< « wonl.y b'sl.ops, Dr. Cran- ' i <.pe, or eUe his doctor, callwl * Thomas arch-
mci, Ilidle), and f.j'imer. ye h<aid then Imw ^ Ll.'il.op of Canterbury, appear here and make
sentence condt nmatory immediately upon the { answer to that shall be laid to thy charge;
Mune was miuistea'd against them by Dr. Wes- ' that is to sa}*, for Blasphemy^ IncoDtiuci]oy>
775]
STATE TRIALS, I Mary, 1553.— for Treason and Ilercsj/.
[77 i
mDd Heresy ; and make Answer here to the
bishop of Glocebter, ri>presemiiig the pope's
person/
Upon this he heing brought more near unto
the scaffold, where the foresaid hisiiop sat, he
first well viewed the place of judgment, and
spying where the king and queen's majesty's
proctors were, putting off his cap, he first hum-
bly bowing his knee to tlie ground, m:ide reve-
rence to the one, and after to the other. That
done, beholding the bishop in the face, he put
on his bonnet again, making no manner of
token of obedience towards him at all. Where-
at the bishop being offended, said unto him^
That it might be>eem him right uell, weighini^
the authority he did represent, to do his dut^'
note hira. Whereunto Dr. Cranmer answered
and s^d, That he had once taken a solemn
ottb, never to consent to tiie admitting of the
bishop of Rome's authority into* tliis reahn of
England again ; and that he had done it ad-
visedly, and meant by God's grace lo keep it ;
and theretbre would conunit nothing either by
sign or token, which might argue li s consent to
the receiviugof the same, and so he desired the
said bishop to judge cf him, and that h& did
it not for any contempt to his person, whicli he
could have been content to huve honoured as
well us any of the otiier, if his commission
had come from as good an authority as their>.
This Unswered he both modestly, wisely, and
patiently,. with his cap on his liead, not once
ix)wiug or making any reverence to him that
represented the pope's person, wliich was won
dcTOusly of the people marki-d tint was there' turcd, that in all your tnne ye uere not upright
present and saw it, and marked :t as nigh as - -' ' ' ' •'"•-- i ^ . .i
could be possible.
The Oratiox of Dr. Brooks, bUhop of Giou-
ccitcr^ untolJr. CrunwLt ^ aichhilwp oj Can-
terburi/j in the Chuich (^ Saint Mmy at Ox-
ford, Alarcfi I'J, 1556.
When after many means used, tlicy per-
ceived that the archbishop uould m t nio\e his
bonnet, the bishop procier^i-l in ilie**- wor Is
following: "My lord, at iliis present we are
come to you as Comimssion(i>>, and \\n you, not
intruding ourselves by <;ur ovui nnthioity, but
lent by Commission, partly from the pope's
Sin Minus, i. Remember from whence thou
art fallen^ and do the first works, or if not, and
so as ye know i\hat folioweih. lieinember
yourself from whence yx)u have fallen. You
have fallen from the univerbal and catholic
church of Christ, from the very true and re-
ceived faith of all chribtendoni, and that by
open heresy. You have f<dlen from your pro-^
mise to God, from your fidelity and alU giunce,
and that by open preaching, marriage, and
adultery. You have fallen from your sovereign
princeand queen by open treason. Remember
therefore from whence you are fallen. Your
fall is great, the danger cannot be seen. Wh( re-
fore when I say, remember from whence you
are fallen, I put you in mind not only of your
fidi, but also of the state you weie in before
your fall. You were sometmie, as I and other
poor men, in a mean estate, God I lake to wit-
ness, I speak it to no reproach or abasement of
you, but to put yon in memory, how God hath
called you from a low to an hiL,h degree, from
one degree to another, i'rnm bttterto belter, and
never ti;aveyou over, till he had appointed you
Legatum natum, Metropolilanum Ans^lia, ^as-
torem gregis sui. Such great trust did he put
you in, in liis church, what could he do more.'
for even as he ordained Moses lo be a ruler
over his Church of Israel, and gave him full
atitiiorif)' up<tii the same : so did he make you
over his Church of England. And when did he
this for you ? fi)rsooth wlr_n you gave no occa-
sion or cause ofmistnist either lo him, or to
his masristraies. For -ilthough it be conjec-
iii the honour and iaiih of Christ, but ratiior &ct
npof purpobp as a fir in>tninunt^ wheiehy the
church might be spoiled and brought into ruin;
yet may it af)pear by many yonr doin;:N others
wise, and I lor my part, aj. ii bchoveih eath
one of us, shall think the be-t. For who was
thought as then in«!re devout ? who was» more
rt'ligums in the face of the world? Who was
tiioui;ht to have more roiisrienco of a vdw
makiiii:, aod ol)?><.rviiiir theonlcr or* the chit.ch,
more larne^l in tbe derencct)l'thereiil pieence
of Christ's body und blood in the s.u rami lit of
tl'.e altar than ye wire? anri tlw.n all thiiiL'S
prosjiercd with voii : \onr pi nice fa\ onreil you;
holiness, partly from the king and (jutru's most | yea tlod himiielf f*i\«»ured you; y<^ur candle-
eicellent majesties not tu your otter fli^romforr, I stick v\;isset up in lliohJijlu^i phife of the
but to your comfort if yon will your elf. ' We
come not to judge you, but to put you in re-
membrance of that you have been, an<I sh:ill
be. Neither come we to disjuitc with yu bur
to examine you in certain matters; which bcin^i
done, to make relation thereof to him that hath
power to judge you. The first beio;; ueil
taken*, shall make the second to be ued taken.
For if yon of your part be moved to ctunc to a
conforniitv, then sh.ill not onlv we of our side '
take joy of our examination, but also thry that
clnirrh, '.\w\ ilie light «Tf your cjoidle was over
all tl.ee!ii:rc!i; 1 v.oidd (rod it Indso co::tini;r d
still. Ihjt after ve })i :: ni to lull bv tcliisjn, :i;k1
would ni»r i-.Cf.nowledijo ll.e pope'.- luilnu-" as
.'.Mprenic ht;'.<l, l)iit w.)»ild sti/iitiy uplr Id tl.e
nnl.iwlnl rc<[M- >-t'. of I. in*/ Henry the Jllh, :ind
uouid I. ear v.itii th:tl Jiow'.d not be b< ro uii!.-
:•!, tl.i .» bet::in \>yA t'l fuirev unlaVvfiil l!hiit\,
and wjien voo had r\:h d a good C"ii*cienee,
tlan eiioued i.r«'at shiij"v\r4'( k in tl-e '•'a, \\l;;rli
wi'M oiitoi'tise ii'ue ;'.nd catholic ( Imrch, ea^t
have sent us. And firr»r, as ehariry doth j into tliO sea of dc-p* r.ifiun ; for ;»•» he saiti,;
move us, I would think good somewhat to ex- ] Kx-ru KcclLsium ri'in ist miius, i. \\'i'l:(uit the
bort you, and that by the 5econd chapter ofj church there is no s ilvi.iion. When >e had
Saint John in the Anoc. Memor c&tu undc^ f»isakcn God, (iod forsook yiiU, and gave you
txekieHMf^ttg^panitentiam, ^ prima tpcrafac, ! over to your own wilt' and sullcred vou lo fall
775] STATE TRIALS, 1 Mary, loSS.—Proceedings against Archbishop Cranmcr, [776
from schiMn to apostasy, from apostasy to he-
resy, and tVoni heresy to perjury, from perjury
to treason, iuid so in conclusion, into the full
indii;nation of our sovereign prince, which you
may think a just punishment of God, for your
other aboniinahlc opinions. After that, ye
fell lower and lower, and now to the lowest ,
degree of all, to the end of honour and life.
For if the light of your candle be as it hath
been hitherto duskv your ciuidiestick is like
to be removed, and have a great fail, so low,
and so far out of knowledge, that it shall be
quite out of God's favour, and past all hope of
recovery : Quia in inj'cnio nulla at rcdetnptio, i.
for io hell there is no redemption. Tiie dan-
ger whereof being so great, very pity causeth
me to say, Memor csto unde cxcidtris, i. Re-
member trom whence thou hast fallen. I add
alsfj, and whither you fall. But here perad-
venture you w ill say to me. What sir, my fall is
not so great as you make it. I have not yet
fallen from the catholic church. For that is
not the catholic church that the pope is head
of. There is another church. But as touchint*
that I aiLswcr; you are sure of that as the
Donati:)rs were, for they said that they had the
true church, and that the name of true Chris-
tians remained only in Al'iick, where only their
seditious sect w;is preached : and sis you think,
so thought Novatus, that all they that did ac-
knowledge their supreme head at the see of
Rome, were out of the church of Christ. But
here Saint Cyprian defending Cornelius against
^iovatus, lihro sccuniio, ejtistofa icxta,Si\ith on
this wise; Eccicaia una est, qua cum sit una^
inl us t^ foris esse mm potest . So that if N ovatus
were in the true church, then was not Corne-
lius, who indeed by lawful succession succeeded
pope Fabian. Her*.' .Saint Cyprian inicndeth
by the whole process to prove, and concludeth
thereupon, that the true church was only Home.
Gather you then what will follow of your fall.
But you will say peradvcnturc, that yon fell
not by heresy, and sij) ^aid the Arrian?Ji alledg-
breaking your vow; and so Vigilantius said,
insomuch that he would adroit none to hi»
ministery, but those that had their wives bag-
ged with children. What now ? Shall we say
that Vigilantius did not fall therefore? Did not
Donatus and N ovatus fall, because tbey said so,
and brought Scripture for their defence? Tliea
let us beheve as we list, pretending well, and
siiy so ; nay, there is no man so blind that wiU
sav so. For except the church which condemn-
etfi them for tlieir say so, do approve us for to do
so, then will she condenni you also. So that
your denial will not stand. And therefore I tell
you, remember from whence ye are fallen, and
how long ye shall fall, if you hold on as you do
begin. But I trust you will not continue, but
revoke yourself in tin^e,- and die remedy fol-
loweth. — ' AgepocnitentiamfSf prima opera/ac/
for by such means as ye have fallen ye must
rise again. First, your heart hath fallen, then
your tongue and your pen, and besides your
own damage hath caused many more to fall.
Therefore, first your heart nmst turn, and then
shall the tongue and the pen be quickly turned;
Sin fuitius, veniam tibi ato, 4" niovcbo candtlo'
brum tuum de loco suo, — I need not to tesch
you a method to turn; you know the ready
way yourself. But I would God I could but
exhort you to the right and truth, then the way
should soon be found out. For if ye remember
how many ye have brought by abominable he-
resy into the way of perdition, I doubt not but
very conscience would move you, as much for
them as for yourself, to come i^ain. And so
'would you spare neither tongue nor pen, if heart
w ere once reformed ; for as touching tliat point,
the Holy Ghost toiicheth their hearts very near
by the mouth of hi^ holy prophet Ezekiel, when
he requireth the blood of his flock at the priest'si
hands, for lack of goiMl and ^^holesome food.
How much more should this touch your guilty
heart, havinjr overmuch diligence to teach tliem
the way of penlitioil, and feeding them with
baf:gnc;e and corrupt tbod, which is lieresy. Qui
nig
J'or thcmst'lvcs that they had Scripture, converterc fectrit peccutorem ah errore vUa
and going ahuut to persuade their schism by
Scripture; for indeed they had more places by
two and forty, which by their tortuie seemed
to depend upon Scripture, than the Catholics
had. So did the ^lartians provoke their heresy
to- Scripture. But those are no Scriptures;
for they are not truly alledued, nor truly in-
terpreted, but uatruly wrested and wronji;, ac-
cording to their own fantasies. And therefore
were they all ju-^tly condemned, for their wrong
faking of the Scriptures, ami the church rcpli-
eih ;ii;ainst them, saying; Qui tslis vos ^ tfuan-
doY yniil a^ilis in tnco, non u.ti ^ The church
saiih, what make you here in my heritage?
from t% hence came y<m ? the Scripture is mine
inheritance ; 1 am right heir thereof. I hold
it by true succession of the apostles: for as
tiie apostles required me to iiold, so do I hold
it. The apostles have receired me, and put
me in my right, and have rejected you us
bastards, having no title tlicreunto. — Alsove
f»ili deny that ye have foUeu hy apostysj* bj
5M/f, salvamj'acict animam suam a rnvrtCy «J- opC"
riet multitudtnein peccatorum snorumf i. He
that shall convert a sinner from his wicked life^
shall save his soul from death, and shall cover
the multitude of sins. So that if it be true tluit
he who converteth a sinner, saveth a soul ;
then the contrary nuist needs be true, that ho
that pencrteth a soul, and tea( heth him the
way of perdition, must needs be damned.-—
Orifiinrssup€r Pauluni ud Homanos ; The danin^
ation of those that preach heresy doth increase
to the day of judgment. The more that perish
by heretical doctrine, the more grievous sludl
their torment be, that minister such doctrine.
Bereni;arius who seemed to fear that danger,
provided for it in his life lime, but not without
a troubled and disquiet conscience. He did
not only repent, but recant, and not so much
tor himself, as for them whom he had with most
{)e&tilenC heresies infected. For us he lay in
lis death bed upon Epiphany day, be demand-
ed of them Ibat were present. Is (hisi quoth he.
777]
STATE TRIALS, 1 Mary, 155S.— /or Treason and Heresy.
[77 S
the day of Epiphaaj, and appearing of the
Lord ? Thej answered him, Yea. Then, quoth
he, this day sliall the Lord appear to mc, either
to my comfort, either to uiy discomfort. This
remorse argueth, that he feared tlie danger of
them whom be had taught, and led out of the
faith of Christ. Origines upon him saith in this
although his own blood was not upon his
wise
bead, for that he did repent,, and was sorry for
his former errors, yet being converted, he feared
the blood of them whom he had infected, and
who received his doctrine. — Let tins move you
even at the last point. Insomuch as your case
is not unlike to Berengarius, let your repent-
ance be like also. And what should stay you,
teli me, from this godly return ? fear, that ye
have gone so far, ye may not return r nay, tiien
I may. say as David said, Iliic trepidaverunt
ubi non erat timor. Ye fear where ye have no
cause to fear. For if ye repent and be heartily
sorry for your former heresy and apostasy, ye
fieed not to fear. For as God of his part is
merciful and gracious to the repentant sinner,
so is the king, so is the queen merciful, which
ye may well perceive by your own case, since
ye might have sutTered a great whiles ago for
treason committed against her highness, but
that ye have been spared and reserved upon
hope of amendment, which she conceived very
good of you, but now (as it seemeth) is but s^
very desperate ho|>e. And what do you there-
by? Secundum duritiem cordis thesaurizas tibi
iram in die ira, i. According to the hardness
of your heart ye treasure up to yourself anger
ia the day of wroth. — Well, what is it then, if
fear do not hinder you ? shame, to unsay that
was received into the church of Christ with
wonderful joy to the whole congregation, even
so shall you be. The fame of yourVeturn shall
be spread abroad throughout all Christendomy
where your face was never known. — But you
will say perhaps, your conscience will not suf-
fer you. My lord, there is a good conscience,
and there is a bad conscience. The good con-
science have not they, as St. Paul declareth to
Timothy concerning Hymeneus and Alexander.
The evil and bad conscience is, saith St. Cy-
prian, well to be known by his mark. Wlu\t
mark ? this conscience is marked with the print
of heresy. Tliis conscience is a naughty, futhy,
and a branded conscience, which I trust is not
in you. I have conceived a better hope of you
than so, or else would I never go about to per^
suade or ethort you. But what conscience
sliould sUiy you to return to the catholic faith
and universal church of Christ ? what consci-
ence doth separate you to that devilish and se-
veral church ? to a liberty which never had*
ground in the holy scriptures? If you judge
your liberty to be good, then judge you all
Chrbtendoin to do evil besides you. — O what a
presumptuous persuasion is this, upon this
utterly to forsake the church of Christ ? under
what'cofour or pretence do you this? for the
abuses ? as though in your church were no abu-
ses: ves that there were. And if you forsake
the universal church for the abuses, why do you
not then forsake your particular church, and so
be flitting from one to aqother? that is not
the next way, to slip from the church for the
abuses ; for if you had seen abuses, you should
rather have endeavoured for a reformation
that you have said ? Nay, it is no shame, unless then for a defection. lie is a good chirurgion,
**i*i *it 11/* 1*1 **i *ii /«« ■
ye think it shame to agree with the true and
the catholic church of Christ. And if that be
shame then blame St. Paul who persecuted the
disciples of Christ with the sword, then blame St.
Peter, who denied his master Christ with an oath,
that he never knew him. St. Cyprian before
bis return being a witch ; St. Austen being nine
years out of the church : They thought it no
shame after their return of that they had re-
turned. Shall it then be shame for you to con-
vert and consent with the church uf Christ?
No, no. — What is it then that doth let you ?
glory of the world ? nay, as for the vanity of the
world, 1 for my part judge^ not in you, being a
mail of learning, and knowing your estate. —
And US for the loss of your estimation, it is ten
to one that where you were archbishop of Can-
terbury, and metropolitan of England, it is ten
to one, I say, that ye shall he as well still, yea
and rather better. — And as for the winning of
good men, there is no doubt but all that be
nere present, and the whole congregation of
Christ's church also will more rejoice of your
return, than they were sorry for your fall. And
as for the otlier, ye need not to douht, for dicy
shall all come after ; and to say the truth, if you
slioold lose them for ever it were no force, ye
should have no loss thereby at all. I do not
here touch them which should confirm your es-
timation. For as St. Paul after hie conversion
who for a httle pain in tlie toe will cut off the
whole leg. He helpeth well the tooth-ach,
which cutteth away the head by the shoulders.
It is mere folly to amend abuses by abuses.
Ye are like Diogenes ; for Diogenes on a time
envying the cleanliness of Plato, said on this
wise, Ecce calco fastum Platonis. Plato an-
swered, Sed alio, fastu. So that Diogenes
seemed more faulty of the two. — But when we
have said all that we can, peradventure you
will say, I will not return. And to that I say,
I will not answer. Neverth61ess, hear what
Christ saith to such obstinate and' stiffnecked
people in the parable of the supper. When he
bad sent out his men to call them in that were
appointed, and they would not come, he bad
his servants go into the ways and streets, to
compel men to come in : Cogite intrare. If
then the church will not lose any member that
may be compelled tQ come in, ye must think it
good to take the compulsion, lest you lose your
part of the supper which the Lord hath pre-
pared for you ; and this compulsion standeth
well with charity. — But it may perhaps, that
some hath animated you to stick to your tackle,
and not to give over, bearing you in hand tliat
your opinion is good, and that ye shall die in
a good quarrel, and God shiill accept your ob-
lation. But hear what Clu^ist saitli of a meaner
gift ; if thou come to the ^VVu V^ ^^\ ^>^
779] STATE TRIALS, 1 Mary, 1555.— Proceedings agairul ArcJihishop Cranmer, [780
oblation, and knowcst that thy brother bath
somewhat to say against thee, leave there tliy
gift, and go and be reconciled to thy brother,
and then come and offer up thy gift, or else thy
brother will make thy otlering unsavoury be-
fore God. This he said unto ail the world, to
the end they should know hotv their offerings
should be received, if tlicy were not according.
— Remember you therefore before you otFer up
your olferin^, whether your gift be qualiBed or
no. Remvmber the Church of Koine, and also
of England, where not one only brother, but a
nmnber have matter against you, so just thut
they will make your burnt offering to stink
before God, except you be reconciled. If you
must needs appoint upon a sacrifice, make yet
a mean tirst to tiicni that have to lay against
you. I say no more than the church huth al-
lowed me to say. For the sacrifice thia is
offered without the church is not prolitable.
The premises therefore consiilered, for God*s
sake, I say, Mtutor ctio iitide crcidciisj (J- age
pauiltntiai/i, &• prima opcraj'ac. Sm liiinuSj Jfj^c,
Cast not yourself aw:iY, spare your body, spare
your soul, spare them also whom ye have se-
duced, spare the >h(dviitig of Christ's blood
for you in \:tiii. Harden not your heart, ac-
knowledge tiie truth, yield lo ih;; prescript word
of God, to the Catholic Church of Home, to
the received verity of all Chiisiendom. Wed
not yourself to your own at If- v^ ill. Stand not
tpo much in your own conceit, think not your-
self wiier than all Cluristendoni is bcsitlos you.
Leave off this unjust ca\il. How ? leave uhat ?
leave rcuifon, leave wondor, nnrl believe as the
Catholic Church doth believe and teach you.
I^rsuade with yourself, that Kxlru F.ccltfiiam
non est salus, t. Without the churdi there is lu
salvation. And thus much have I said of cha-
rity. If this poor simple exhortation of mine
may sink into ynur head, and take etlcct with
you, then have I saiil as 1 wouhl have said,
othL-rwi>e not as I would, but aa 1 could for this
prebtnt."
And thus bishop Brooks finishing his Oration,
sat dfjwn. After whom. Or. iMartin, taking
the matter in hand, be^inncth thus :
7Vic Oration of Dr. Mat tin.
'* Ai.ui:i r there he two govormncnts, the
one spiiitual, and the other ipnip«>r:d, the one
having the keys, the other the sword, yet in all
B«"e5 we re ail thai for the honour and L*l«>ry of (»od
both those powers U:\\c been ajfioined k^eji iher.
For if we rcjul the old Testament, we shall find
that so did .lo^i^s and Jl/ekias. So did the
kin-;: ot the Ninivites comjjcl a iiencral fast
throjiih ail the whole city. So did Darius in
breaking the great idol, Hell, and delivered
godly li.miel out of the den of lions. So did
IMebnchadne/yarinrike and instil nte laws apunst
the bl.i<iphcmers of G.kI, Dm to let pass these
examples, with a great number more, and to
come to Christ's tune, it is not unknown what
great travel they took to set forth God's ho-
nour : and although the rule and government
of the church did only appertain to the -spiri-
tuahty, yet for the suppression of heresies snd
scliisms, kings were admitted as aiders there-
unto. First, Constantius the Great called a
council at Nice for the suppression of the
Arians sect, where the same tune was raised a
great contention among them. And after long
disputation had, when the fathers could not
ngree upon the putting down of the Arians
they referred their judgment to Constantiue.
God forbid, quoth Constantinc ; you ought to
rule me, and not I you. And as Constantine
did, so did Theodosius against the Nebtorians,
so did Marcianus against Manicheus. Joviniao
made a law, that no man should marry with a
nun, that had wedded herself to the church. —
So had king Henry the 8tli the title of defender
of the faith, because he wrote against Lutlier
and his com(}Iices. So these 000 years the
kings of Spain had that title of catholic, for the
e\pnlbion of the Arians; and to say the truth,
the king and queen's majesties do norhing de-
generate from their ancestors, taking upon tlicm
to restore again the title to be defender of the
faith, to the rijrht heir thereof, the pope's holi-
ness.— Therefore these two princes, perceiving
thi>> noble realm, how it hath been brcnght
from (he unity of the true and Catholic Church,
the which you and your confederates do, and
have renounced ; perceiving aUo that you do
persist in your detestable crroi-s, and will by
no means be revoked from the same, have made
their humble requcbt and petition to the pope's
holiness, Paulus 'irh, as supreme head of the
church of Christ, declaring to him, that where
you were archbishop of Canterbury, and me-
tropolitan of En£^l-.tiirl, and at your consecration
took two M)lcmn i>aths, fur vour due obedience
to be iiivcn to the ^ce of Kome, to become a
true preacher or pastor of his ri(jck, yet con-
trary to your oath and allegiance, mr unity
have sovM'.'l discord ; for chastity, marriage and
adultery; for obeiiience, contention; and for
faith, ye have been the author of all mischief.
The pope's holiness considering their request
and petition, hath granted them, that accord*
iiig to tl:e censure of this realm process should
be made against you. And whercas in this
late time, you both excluded charily and jus-
tice, yf t hath his holiness decreed,* that you
shall have both charity and justice shewed unto
yon. He willeth you sh'mld have the law» in
• most ample manner to answer in your bchnlf,
and that you bhall here come before my lord of
Gh)ucester, as hii^h commissioner from his holi-
ness, to the examination of such articles as
shall be pro[>osed against yon, and that we
should rcvpiire the examination of you, in the
king and queen's majobty's bchalt. The king
and queen as touchinj;; lhernselve«, because
by the law tiicy cannot appear personally,
duiti sunt ii/usfris. pcrmjuc, have appointed
as their attornics. Dr. Story and me. Where-
fore here I otfer to your good lordship our
proxy, scaled with the br^ail sL*al of Enf;lnnd,
and offer myself to be proctor in the king's
majcsty'k bt-liHlf. I exhibit here also certain
articles, containing the manifest adnitteryand
STATE TRIALS, l Mart, 1553.— for Treoion and Heresy.
[7811
also books of hci-CTsv made partly iiire, and su is tlie law ot* the realm expelled,
partly set ibrtli by his authority. , aud the king staodech accursed in maijitaiuing
I produce him as ])iirty piiucipal, to , his own laws. Theretbre in consideration that
n your good lordship. j tlie king and queen take their power ot' him, as
vhen Dr. Martin had euricd his Ora- j though God should give it to them there is no
Archbishop beginnelh, us hire fol-
er. Shall I then make my Answer ?
V. As you think good, no man shall
ire the archbishop kneeling down on
>es towards the west, said first the
*ayer. Then rising up he recitcth
:!es of the Creed. Which done, he
with liis protestation iii form as fol-
rii and Profession of Doctor Cran-
irchbishop of Cdntcrlntrj/, before the
ssioncrs.
iiFR. This I do profess as touching
and make my ProtcsUition, which I
)u to note. I will never consent that
•p of liome shall ha\e any jurisdiction
is realm.
Take a note thereof.
fi. Mark master Cranmer bow you
^r yourself. You refuse and deny him,
2 laws ye yet do remain in life, being
e attainted of high treason, and but a
,n by the lavvs of tiiis realm.
I protest befure God 1 was no trai-
indeed I confessed more at my arraign-
in was tru(;.
n. That is not to be rcnsoucd at this
Ye know yc were condemned for a
md lits judicata pro vtritatc accipitur.
»rocced to your matter.
I will never consent to the bishop of
for then should 1 ^ive myself to the
ir I ha'.e made an oath to the king, and
obey the king by GodS la^^s. By the
e the king ia chief, and no fi/rciijjn per-
ils o%vn realm al)o\e him. Tiiere is no
but to a king. I am a subject, I owe
ity to tlie cnmn. The popt! is contrary
ruwn. I cannot obey both ; for no man
c two masters at niuc, as you in the
ig of your oration declared liy ilic sword
keys, attributing tlie k( ys to IJie (:ope,
iw'ord to the king. l>ut I bay the king
)tb. Therefore he that is siil.jtct to
uid the laws of Roino, he is perjured ;
)ope'.s and the jud^'c's laws a.c ti-ntrary,
1 uncertain and ci>nfoundrd. A priest
J by the laws of tU; reahn, sh:«ll bj sued
a t(Mni>or:d judge; by th^ popeV laws
f. The pope doth tne king n;jiiry, in
bath his power from tht? poi'c. The
hciMi i:i b'5 own realm : hut i!ie j)ope
h :ij! bishops, prie^;*i; cm.*',' '. c\:(\ >o
t: in '.'v i:^' realm !n»i» a n. :;■;..— .\^:.Mi,
J.T'.s ftf Ho'ne tl-e lr.M'j"M( nv."''^ he
true subject, unless ho be abrogate, seeing the
crown is holden of him being out of the realm.
■—The bishop of Rome is contrary to Ootl, and
injurious to his laws ; tor God commanded all
men to be diligent in the knowledge of his
law; and therefore hath appointed one holj
' day in the week at the least, for the people to
come to the church and hear the word of God
expounded unto them, and that they'might the
better understand it, to hear it in their mother
tongue which thev know. The pope doth con-
trary ; for he wiUeth the service to be had in
the Latin tongue, which they do not understand.
God would have it to be perceived ; the pope
will not. When the priest giveth thanks, God
would that the people should do so too,
and God will them to confess altogether ; the
pope will not. — Now as concerning the Sacra-
ment, I have taught no false doctrine of the
sacrament of the altar : for if it can l)e proved
by any doctor above a' thousand ^vears after
Christ, that Christ's body is there really, I will
give over. My book was made se\en years
ago, and no man hath brought any authors
against it. I believe that whoso catcth and
drinketh that sacrament, Christ is within them,
whole Christ, his nativity, ])nssion, resurrection
and ascension ; bur not that corporally that
bitteth in heaven. Now Christ commanded all
to drink of the cup ; the pope taketh it away
from the lay men, aUo yei one saith, thai if
Christ h:id died for the devil, that he should
drink thereof. Christ biddeth us to obey tlie
king, ctiam discolo. The bishop of Rome bid-
deth us to obey him : tiierefore unless he be
Anticl.iist, I cannot tell what to make of him.
\^ hercfore if I should obey him, I cannot obejf
'.'hridt. lie is like the devil in his doings; for
the devil said to Christ, if thou wilt fall down
and worship me, I will give the(* all the king-
doms of the world. Thus he took upon him to
give that which was not bi> own. Kven so the
bishop of Rome giveth princes their crowns,
being none of his own ; for where princes either
hy election, cither by snccesbion, either by in-
hcritanct* obtain their crown, he saith tJial xhey
shoidd have it from him. — Christ saith, that
Antichrist shall be. And who shall he be?
Forsooth hij that advanceth himself above all
other creatures. Now if Uiere he none alrea-
dy thar. i.nth advanced himself alter such sort
besides the pope, then in the mean time let
him be Antichrist.
Story. IMeaseth it you to make an end ?
Cran. For lie « ill he the vicar of Christ,
he will dispense uiih the Old and New Testu-
iv.cni .<I"), yea and with apostasy. — Now 1 have
df<.!:iii.;i V. hy I cannot wii'i my conscience obey
' I speak hoi ilii;, lin- hatred L bcaV
I know
y the l»is!iop ; hy the I;*'v- (.:'i^'.' rfalui, slu- p'.^|:e. ( speak noi iliis Un- h.itred
Von j;ivcth the bcurjici-. IK ' iu the | lo iiun il:ut now supplieth the room, tor
a? C'.iitrarv as fire ai:d " af< i*. Xo man Ijin nut. I pray God \:\\o him gri'ce
the laws of Home proct-.d ;n a l*.-jcinu-
not to
follow his an..ebturs, Ne;ther sav 1 this for m?
785] STATE TRIALS, I MAfLY, \ 5 5^. —Proceedings against ArMishop Cranmcr, [784
defence, but to declare my conscience for the
zeal that 1 bear to Gad*s word trodden under
foot bv the bisliop of Rome. I cast fear apart,
for Christ said to his Apostles, thut in the hit-
ter days they should suHcr much sorrovr, and
be put TO death for his name's sake : fear them
not, saith he, but fear him which when he hath
killed tiie body, hath power to cast the soul
into fire everlasting. Also Christ saith, that
he that will live shall die, and he that loseth
his life for my name's sake, he shall fmd it atrain.
Mor90vcr he said, confess me before men, ;uid
be not afraid; for if you do so, I will stand with
you ; if you slnink from me, I will shrink from
you. This is a comfortable and a terrible say-
ing, this maketh ifie^o set all fear apart. I
lay therefore the bishop of Rome treadeth un-
der foot God*s laws and the king's. — The pope
would give bishoprics ; so would the king. But
at the last the king got tlie upper hand, and so
are all bishops perjured first to the pope, and
then to the king. — The crown hath nothing to
do with the elcrgy. For if a clerk come before
a judge, the judge shall make process against
him, but not to execute any laws. For if the
judge should put him to execution, then is the
"Ling accursed in maintaining his own laws.
And therefore say I, that he is neither true to
God, neither to the king, that first received the
pope. But I shall heartily pray for such coun-
sellors, as may inform her the truth ; for the
. king and queen, if they be well informed, will
do well.
Martin. As you understand, then if tlicy
maintain the supremacy of Rome, they cannot
maintain England too.
Cran. I require you to declare to the king
and queen what I have said, and how their
oaths do stand with the realm and the pope.
S. Gregory saith, he that taketh upon him to
be head of the universal church, is worse than
the Antichrist. If any man can shew me,
that it is not Rgainst God's word to hold his
stirrup when he taketh his horse, and kiss his
feet (as kings do) then will 1 kiss his feet also.
-^And you for your part, my lord, are perjured ;
for now ye sit judtze for the pope, and yet you
did receive your bishoprick of the king. You
have taken an oath to be adversary to the
realm ; fur the popc*s laws are contrary to the
laws of the realm.
Olocester, You were the cause that I did
forsake the pope, and did swear that he ou^^ht
not to be supreme head, and gave it to kii><:
Henry 8th, that he ought to be it, and this yuu
made me to do.
Cranmcr. To this I answer, said he; you
report me ill, and say not the truth, and I will
prove it here before you all. The truth ih,
that my prcfiecos>or, bishop Warrham, save
the supremacy to king lienry 8th, and said
that he ought to have it before the bishop of
Rome, and that God*s word would bear him.
And upon the same was there sent to both the
Universities Oxford and Cambridge, to know
what tlie word of God would do tuucliing the
tupnemacyy and it was reasoned upon; and
argued at length. So at the last both the
Universities agreed, and set to their seals, and
sent it to king lienry 8th to the court, that he
ought to be supreme head, and not the pope.
Whereupon you were then doctor of divinity
at that time, and your consent was thereunto,
as by your hand doth appear. Therefore you
misrepurt me, that I was the cause of your
falhng away tVom the pope, but it was your-
self. All this was in bi>hop \V'arrham*s time,
and whilst he was alive, so that it was three
quarters of a year after ere ever I had the bi-
slioprick of Canterbury in my hands, and be-
fore I might do any thing. So that here ye
have reported of me that which ye cannot
prove, which is evil done. — All this while his
cap was on his bead.
Gloctst, We come to examine you, and
you, me tliink, examine us.
Dr, Story's Oration.
Story. Pleaseth it your good lordship, be-
cause it hath pleased the king and queen's
majesties to appoint my companion and me to
hear the examination of this man before your
good lordship, to give me leave somewhat to
talk in that behalf. Although I know that in
talk with heretics there coineth hurt to all men;
for it wearieth the stcdtast, troublcth the doubt-
ful, and taketh in snare the weak and simple:
yet because he saith, he is not bound to an-
swer your lordship sitting for the pope's holi-
ness, because of a Premnnire, and the word of
God as he tcrmeth it ; I tliink good somewhat
to say, that all men may see how be nuineth
out of his race ol retisou into the rage of com-
mon tulk, such us here I trust hath done much
good. And as the king and queen's majesties
will be glad to hear of your most charitable
dealing with him; so will they be weary to
hear the blundering of this stubborn heretic.
And where he alledgeth di\'inity, mingling/di
nefuKijuc together, he should not have beea
heard. For shall it be sufficirnt for him to
alledge, the judge is not competent ? Do we
not Mt' that in the common law it is not lawful
for a inuu in Westminster hall to refuse bis
judge ? And shall we dispute contra eum qui
ne^ttC jftincipiaf Although there be here «
great company of learned men, 'that know it
uninec't. so to do, vet have I here a plain canoo,
wherein he declureth himself convicted yj» ^
facto. The canon '\> this ; * Sit ergo ruinx suo {
dolore prostratus quisrpiis Apostolicis ▼olvcriC '
contraire dccretis, nee locum deinccps inter
Sacerdoies habeut, sed exors a sancto fiat mini-
sterio, nee de eo ijusjudicio quisquam po&tbsc
curam liabeat, qunijani damnatus a sancta^
Apostolica Kcclesia sua inobedieutia imc pnf-
suiuplione a quoquam esse non dubitetur.
Qiiin ninjoriscxcommuiiicationis dejectinneesl
nbjiciondus, cui sancta* Kcdesie commiiss \
fucrit discipline, qui non solum JussiunibttS
pnelatu: sancta; Ecclesia: parere jjebuit, ^
etiam aliis ne pra-terirent insinuare. Skqs^
alienas a divinis & pontificaUbus offidis (pn
noluerit praeceptis Ajiostolicb obtempenre/"
785]
STATE TRIALS, 1 Martt, 1555.—/^ TreaMon and Heresy.
[78(J
He liath alleged many matters against the
Supremacy, but maliciously. Ye ^ay that the
king ill his realm is supreme head of the
church. Well sir, you will ijraut me that there
was a perfect catliohc church before any kmg
was christened. Then if it were a perfect
church, it must needs have a head, wiiich mu^t
n^ds he before any kin;; was member thereof;
ibr you know Constantius Uie emf»eror was the
first christened king that ever was. And al-
though you are bound (as saint Paul saith) to
obey your rulers, and kings have rule of the
people, yet doth it not follow that they have
cure of souls : for a fortiori, the head may do
that the minister cannot do ; hut the priest
may consecrate, and the kinii cannot, therefore
the king is not head. It was licensed by Christ
to every man to bring into the sheepfold, and
to augment the flock, but nut to rule, for that
was only given to Peter. And where the
apostles do call upon men to obey their princes,
cui trtbututHj tributum ; cui vtciigal, veciieal ;
they perceiving that men were bent to a kind
of hberty an<i disobedience, were enforced to
eihort them to obedience and payment of thrir
tribute, which exhortation extendeth only to
temporal matters. — And again, where you say
that tlie bishop of Rome maketh laws contrary
to the laws of the realm, that is not true; for
this is a maxim in the law ; Qui>d in pariicu-
lari excipituTs mm facU unirenttle fatsum. —
Now as touching that monstn)US talk of your
couscieiice, that is no conscience that ye pro-
fess; it is but, privata scicntia, eiectio and
jerto. And as yet for all your glorious babble,
you have not proved by God*s laws that ye
OUKbt not to answer the pope's holiiuss. — The
Canons ^-^Jiich be i^eceivcd of all Christendom
compel you to answer, ihrrefore y-tu are bound
•o to do. And altliongh this realm of late
tyme, through sucli sthisniaiics as you were,
hath exiled and banisLed ihc canons, yt t that
cannot make for you. For vou know your-
•elf, that par m parem, nee pars in totiim ali-
^uid statuf re potest, Whirifore this isle, be-
ing indeed but a nifmbcr of the whole, could
not deteriiiine against the whole. That not-
inriihbtaoding the same laws, being put away
by parliamei't, are now received again by a f>ar-
liameiit, and have as full authority now as they
had then, imd they wdl now tluit ye answer to
the pope's holiness; therefore by the laws of
Uib realm ye are bound to answer him. VVhor<
beginneth Dr. Martm again to enter speech
with the abp. ; which Talk I thought here like-
wi>e not to let pass, although the report of the
same be such, as the uutlior thereof setineth in
lus writing very partial ; for as he expresseth
the speech of Dr. Martin at full, and to the
uttermost of his diligence, leaving out notf.inc
in that part, that either was or could be said
more ; so again on tl)e other part, how raw and
weak he Itavtth the matter, it is ea>y to per-
ceive, who neither comprehendeth all that Dr,
Cranmt r agnin answered for his defence, nor
>ew in those short speeches wliich he expresseth,
seemeth to dischargt* the pait of a &incere and
faithful repoiter. Notwithstanding such as it
is, 1 thought good to let the reader understand,
who in peru-iing the same, may use therein his
ow4;i judgment and consideration.
Talk betwten Dr, lilartin and the Archbishop,
Martin, Master Cranmer, ye have told here
a long glorious tale,' pretending some matter of
conscience in appearance, butrin verity you
have no conscience at all. You say that you
have sworn Oiice to king Henry the 8th against
the Pope's jurisdiction, and therefore you may
nexer forswear the same; and so ye make a
great matter <d' conscience in the breach of the
said oath. Here will 1 ask you a que^tion or
two. What if ye made an outli to an harlot*, to
live with her in continual adultery, ought you
to ke( pjt ?
Cran. I think no.
Mart, \\ hat if you did swear never to lend
a poor man orje penny, ought you to keep it?
Cran. I think not.
Mart. Hemd did swear what'^orvcr his har-
lot asked of him he would iiive her, and he gave
her John Baptist's head; did he wtU in keep-
ing his oatt) r
Crnn. I think not.
Mart. Jephtha. one of the judges of Israel,
did swear unto God, that if he would give him
victory over his enemies, he would otJ'er unto
God the first soul thatcimie forth of his house;
it happened that his own daughter came 6r&r,
and he slew her to save his oath. Did he well?
Cran. 1 think not.
Mart. So SJiith St. Ambrose dc 0/ficiis. 3i/-
serahilis nectasifHs, qua wTiiur purnctdio, id
Cat. it is a misinible necessity, which i> paid
with parrii ide. Then master C rannier you can
no less confess by the premises but tltut you
fore, my good lord, all that this Thonuis (run- | out-ht not to Imve con^cieure «/f ivery oath,
ner (i cannot otherwise term him, considering * ' ^ -- 1 - ^
his disobedience) hath brought for his delence.
shall nothhig prevail with you, nor take any
eSect. Require him therefore to answer di-
rectly to your good lordship ; command him to
set aside his trifles, and to be ohedient to the
Jaws and ordinances of this realm. Take wit-
ness here of his stubborn coutempt agrtinst the
king and queen's majestic^, and compel him to
answer directly to such articles as we shall here
Ity agaiiist him, and in refusal, your good lord-
Imp is to excommunicate him.'^
As toon as Dr. Story had thus edded his tale,
YOL. I.
but if it be just, liwful, and advisedly taken.
Cran, So was that oath.
Mart, Tha! is not so, for first it was unjust,
for it tended to the taking away of another
mairs right. It wa*i not lawful, for the laws of
Ood and the Church vvf re against it. Besides,
it was not voluntary ; for every man and woman
were compelled to take it.
Cran. It pleaseth you to say so.
Mart. Let all the world be judge. But, sir,
vou lUit pretend to have buch a conscience tci
break an oath. I pray you, did you never
swear and break thts %\x\!i:^^^
3t
787] STATE TRIALS, 1 Mary, 1555.— Proceedings ggamti ArdMskap Cramiier/ll%t
C/an. I remeraher not.
Mart. I will help your memory. Did you
never swear obedieuco lo the See of Rome f
Cran. Indeed 1 did uncc swear unto die
sa I e.
Mart. Yea, lliat you did twice, as appear-
ctii by records and wriiiiigii here ieady to be
shewed.
Cran. But I remen^ber I saved all by pro-
tcb^anou that I made by tlie cuunkel of the best
le»n)cd mm i could gei at that time.
Mart, lieaiken good people what this man
saith. lie made a protebtation one day, to
keep never <t whit of that which he would swear
the next day ; was this the part of a Christian
man ? If a Christian man would bargain with
a Tufk, and before he uiaketh his bargain so-
lemnly, bef'oi e*-witDe98 readeth in liis paper that
he lioldcth secretly in his hand, or peradven-
ture protesieth before one or two, that he
niindeth not to perform whatsoever be shall
promise to the Turk ; I say, if a Christian man
should serve a Turk in this manner, that the
Christian man were worse than the Turk.
ViUxi would you then say to this man that
made a solemn outh and promise unto (iod and
his Church, and made a protestation bel'ore
quite contrary ?
Cran. That which I did, I did by the best
learned men's advice I could get at that time.
Mart. I protest before all the learned men
here, that there is no learning will save your
perjury herein ; for there be t^wo rules oi tlie
.civil law clean contrary against you ; mid so
brought forth his rules, which being done, he
proceeded further. But will you have the
truth of the matter. King Henry the 3tli even
then meant the lamentable change which after
you see came to pass ; and to further his pi:iful
J>roceedings from the divorcement of his most
avtful wite, to the detestable departing from
the blessed unity of Christ's Church, this
miui made aforesaid protestation ; and on tlie
other side, he letted not to make two solemn
oaths quite contrary, and why ? for othenvise
by the laws and canons of this realm, he could
not aspire to the archbisliopric of Ciuiterbury.
Cran. I protest before yc all, there was
never man came more unwilling." to a bishop-
ric, than I did to that. Insomuch thm when
king Henry did send for me in post, that I
should come over, I prolonged my iourncy by
seven weeks at the least, thinking that he
would be forgetful of me in the mean time.
Mart, You declare well by the way tiiat the
king took you to be a man of good conscience,
who could not find within all his re<«hn any
man that would set forth his strange attempts,
but was enforced to send* for you in post to
come out of Germany. What may vie conjec-
ture hereby, but that there was a compact be-
tween you being then queen Anne's chaplain,
and the king; give noe the archbishopric of
Canterbury, and I will give you licence to hve
in adultciT.
Cr^. 1 00 say not true.
AEsrO'ji. Ijei your protestation joined nirh
the rest of your talk, |^ve judgment:
prima mali luhes. Of tlwt your execrable pei^
jury, and his coloured and too shamefully su^
tiered adultery, came heresy and all mischief to
this realm. — And thu» have I spoken n^ touch-
ing the conscience you make for breaking your
heretical ontb made to the king. But to break
your former oath made at two sundry times
both to C'od and hi» church, you have no con-
science at all. Aud now to answer aoocber
part of your oi atiou, wherein you bring in God's
word, that you hare it on your side and no
man else, and that the pope hath devised a
new Scripture contrary to the Scriptures of
God ; ye play herein as the pharisees did,
which cried always, ' Verbum Domini^ Verhmm
Domini,* 1 he word of the Lord, the word of
the Lord, when they meant nothing so. This
bettereth not your cause, because you have
God's word for you ; Ibr Basilides and Pboti-
nus the heretics said, that they bad Ood's
word to maintain their heresy. So Nestorios,
so Macedonius, so Pelag;ius, and briefly all the
heretics that ever were, pretended that they
had God's wonjl for them; yea, and so the
devil being tlie father of heresies, alledged
God*s word for him, saying, Scriptum est. It is
written : so said lie to Christ, Mitte te de ortum^
Cast thyself downward, which yon applied
most falsly against the pope. But if you mark
the devil's language well, it agreed with yoar
preceedings most truly. For Mitte te de omtMif
Cast thyself downward, said he, and so taught
you to cast all things downward. Down with
the sacrament, down with tlie mass, down with
the altars, down with the arms of Christ, and up
with a lion and a dog, down with the abbeys,
down with chauntries, down with hospitals aind
colleges, doivu with fasting and prayer, yea dowa
with all that good and gcMily is. All your pro-
reedin^s and preachings tended to no other, bat
to fultill the uevil's request, Mitte tede orsaai.
And therefore tell not us that you ha%'e God's
word. For God hatli given us by his word a
maik to know that your teaching proceeded
not of God, but of the devil, and that your
doctrine came not of Christ, but of Antichrist,
For Chiist foresaid, there should come against
his church, Lupi rapaces^ id e*r, ravening
wolves, and PseudoaptattoU^ id est, false apos-
tles. But how should we know them f Chiiit
teacheth us, saying EiJ^uvtibui eorum raraes*
cetit eoty id est, by their fruits ye shall know
tliem. Whv, what be their frntts? Saint Paul
declare th : Poit carnem la concupiwentioy if
inimunditia ambulant : potestatem ctmtemnuutf
I Sfc, i. After llie flesh they walk in concupis-
I cence and uncleanness ; they contemn potes*
' tatm. Again, In diebus naviuima crunt peri'
I cuhsa tempora, erunt teipsoi mnantes^ cupidi,
I fhti, immotigcri parentibui^ prodilareif ^. t.
' In the Intier days tliere shall be perilous tines.
, Then shall there bo men loring thamschrei^
covetous, proud, disobedient Co parents, trta-
son-workers. Whether these be not the frvitt
of your gospel, I refer no lo this wonliipM
j audience; whether the saklgaspcl b^|U ooi
789]
STTATE TRIALS, I Mary, 155$.^M Treason and Heresy.
[790
with pcQory, 'proceeded ivith adultery, was
mkintaiued widi lieresy, and ended in conspi-
racy.— NowT sir, two p(Hnts more I marked in
your raging (hscuuTbe tluit you made here : the
one against the- holy S.icrament ; tlie other
ajgainst the pope's jurisdiciiotii, and the autho-
rity of the see apostolic. — Touching the hrst,
ye say you liave God's word with ytju, yea and
all the doctors. I would here ask but one
question of you; wlieihcr God's word he con-
trary to itself, and uhetiicr the doctors teach
doctrine contrary Ut ilien»sdvts, or no ? For
yoo master Craimier have taught in this hi^h
SiGnunent of tlie altar three contrary doctrines,
and yet you pieteuded in every one Virbum
Domini,
Cran, Nay, I taught but two contrary doc-
trines in the same.
Murt. What doctrine taught you when you
condemned Lambert the «acramcntary in the
kind's presence in Whitehall ?
Cran, 1 maintuined then the papists doctrine.
Mart, That is to say, the catholic and uni-
versal doctrine of Christ's Church. And how
when king Henry died ? did you not translate
Justus Jonas book ?
Cran, I did so.
Mart, Then there you defended another
doctrine touching the Sacrament, by tlie same
token^ that you sent to Lynne your printer,
that whereas m the iir!>t pruit there was an af-
firmative, that is to say, Christ's body really in
the Sacrament, you sent then to your printer
to.put in a ' not,' whereby it caine miracu-
k>usij to pass, that Christ's body was clean
conveyed out of the Sacnunent.
Cran, I remember there were two printers
of my said book, bat where the same *■ not* was
|wt in, I cannot tell.
Mart, Then from a Lutheran ye became a
Zoinglian, which is the vilest heresy of all in tlie
high mystery of the Sacrament, and for the
tuat bmsy you did help to burn Lambert the
lacramentary, which you now call the catholic
iaiib, and God's word.
Cran, I mnt that then I believed other-
wise than I do now, and so I did, until my lord
of London, Doctor Ridley, did confer with me,
tad by sundry persuasions and authorities of
doctors drew me quite from my opinion.
Mart, Now sir, as touching tlie last part of
yonr oration, you denied that the pope's hoh-
DCii was supreme bead of the Church of Christ.
Crmi, I did so.
Mart, Who say you then is supreme head ?
Crmn, Christ.
Mart, But whom hath Christ left here in
cirtb bis Ticar and head of his Church ?
Cranm Nobodv.
Mart, Ab, why told you not king Henry
thii wben yon mane him supreme head ? and
now 00 body is. This is treason against his
oirn person as you then made him.
Crmn, I mean not but every king in his
owe tealm and dominion is supreme head, and
m was he supreme head or the Churoh of
dnit b Ei%kad.
Mart, Is this always true ? and was it ever
so in Christ's Church f
Cran, It was so.
Mart, Then what say you by Nero ? he
was the mightiest prince of the taith after
Christ WAb ascended: was he head of Christ's
Church ?
Cran, Nero was Peter's head.
Mart, I ask wjiether Nero was head of the
church or no: if he were not, it is false that
you said Ucftire, tluit all princes be, and ever
were heads of the cliUrch wiihin their K*a!ms.
Cran. Nay, it is true, for Nero was head
of the Chuich, that is, in worldly respect of
the temporal bodies of men, of wiioin the
Church consisteili ; for so he be he:uied Peter
and the apostles. And the Turk t. Ui?!.t'ud
of the church in Turkey.
Murt, Then he that beheaded the heads of
the Church, and crucified the apostles, was
head of Christ's Chtiich ; and ho that was
never member of the Church, is t)ead of the
Church, by your new found uuderstanding of
God's word.
It is not to be supposed contrary, but much
other matter passed in this Commurpcation he*
tween Uiem, especially on the arciihistiop's be-
half. Whose answers I do not think to be so
slender, nor altogether in the same form of
words framed, if the truth, as it was, might be
known : but so it pleased the noUu-y tii^reof^
being too much panialiy addicted to his motlier
see of Rome in favour of hi» faction, to di-
minish and drive down the other side, either in
not shewing all, or in reporting the thing other-
wise than It was ; us the common guise is of
most writers, to what side their aiTection most
wei^heth, tlieir oration commonly ineiinetb.
But let us proceed further in the story of this
matter.
It followed then (snith this reporter) when
the Archbishop thua had answered, and the
Slanders by be^an to inunnur against him ;
the Judges not content with his ansvxers, willed
him to answer directly to the interrogatories,
which Interrogatories articulated against him in
form of law, were these under lolh>v\iiig.
Ihterrocatories objected to the Archbithcp^
with his Answers anneved to the same.
1. Interrog. First ^^as objected, that he the
foresaid Thomas Cranmer, being yet free, and
before he entered into holy orders, married one
Joan, surnamed Black or Bri>wn, dwelling at
the sign of the Dolphin in Cambridge. Answ,
Whereunto he answered, tliat whether she was
called Bluck or Brown, he knew not, but that
he married there tme Joan, that he unuited.— >
d. That after the death of the foresaid wife, he
entered into holy orders, and after that was
made archbishop by the po{>e. Answ. He re-
ceived (he said) a certain bull of the pope,
which he delivered unto the king, and wRsmude
archbishop by him. — 3. Item, that he bemg in
holy orders, married another woman as his se-
cond wife named Anne, and so was twice mar*
ried. jLnsw, To this he granted.— 4. lum, la
791] STATE TRIALS, 1 Mary, 1^53.— Proceedings against Archbishop Crmimer, [792
the time of king lUnry the Sth, he kept the
said wife >ecretly, und had children hy iier.
thing else protested. Answ, Whereunto he
answercdy ihat he did nothing hut by rfae laws
Aiisw. Her«'Ui)tu also he granted; nthrming ot'the reulni. — 14. Item, that be the wttd arch-
that k wa>> better for him to have his own, than bishop uf Canterbury did not only oti'end in
to do like other priests, holding and keeping the {.Tenii^es, but alt»o in taking upon him
other nien*» wive^. — 5. Item, in the time of the aiithoriiy of the see of Uonie, in that,
king Eiu^ard, he brought oi^t the said wife wittiout leave or licence from the said !>ee,
openly, athrmiug and professing publicly the , he coiisecr ited bishops and prii&ts. Anxw,
same to tie his wife. Ansit. He diMiiid not j lU granted, that he did execute >ucb things as
but he Ml did, und la*Afully might do ihe same, pwere wont to be referred to the pope, at what
forasmuch as t'le laws of the reami did so per- ! time it^^as pennitted to him by the public laws
mit turn. — 6. lem, that he shamed not openly I and determination of the re-alm. — 15. item,
to g>"ry himself to have had his wife in secret ; ihat when the whole reahn liad subscribed to
many years. Ansa, And though he so did (he
said; there was no cause why he should be
ashumed thereof. — 7. Item, th:n the said Tho-
mas Craiiiiier falling afierwaitl into the deep
bottom of errors, did fly and refuse the autho-
rity of the Church, did hold and follow the
heresy concerning the Sacrament of the altar,
and also did compile, and caused to be &et
abroad divers books. Ansu\ Whereunto when
the names of ihe books were recited to him, he
denied not such books which he was the autlior
of. As touching the treatise of Peter Martyr
upon the Sacrament, he denied that he ever
saw it before it was abroad, yet did approve
and well hke of the same. As for the Cate-
chism, the book of Articles, with the other
book against Winchester, he granted the same
to be his doings. — 8. Item, that he compelled
many against their wills to subscribe to the
tame AnieleH. Anitw. He exhorted (he said;
such as were willing to subscribe; but against
their wiiU he compelled none. — 9. Item, for-
tomuch as he surceased not to peq^etuate
enormous and inoid mite crimes, be wa!> there-
fori cast into the Tower, and from thence was'
brought to Oxford, at what time it was com-
monly thoughi that the pailiament there stiould
be holden. Answ To this he said, thai he
knew no such enonunus and inordinate crimes
that ever he commiried. — 10. lieMi, that in the
said city of Oxibrd lie did openly maintain his
heresy, and th( re was convicted u^>on the same.
Answ, He <leU:i)ded (he said) there the cau-e
of the Snrraiiient, but that he was convicted in
the sa-iie, that' he denied. — 11. Item, when he
persevered still in tlie same, he was by the
public censure of the university pronounced
an heretic, and his books to be heretical.
Answ. Ihat he was. so denounced, he denied
fiot ; hut that he was an hereiir, or his books
heretical, that he denied. — 12. Item, that he
was and is noioriouslv infanied with the note
of iichisin, as who not only himself receded
from the catholic church and the see of Home,
but also moved the king and subjects of this
rfuhn to the same. Answ. As touching the
receding, that he well granted ; but that reced-
ing or departing, said he, was only fnmi the see
of R<jme, and had it in no matter of any schis<i>.
— IIJ. Item, that he had been twice sworn
to the pope ; and withal Dr. Martin brought
out the in<-iriiment of the public notary, wherein
was contained hi^ protestation made when he
iboyld be coDsecrated, asking if bp had any
the authority of the pope, he only still persisted
ill his error. Anni^, That he did not admit
the pope^s authority, he contessed to be true.
But that he erred in the same, that he denied.
— 16. Item, that all and singular the premises
be true. Amw. I'hat likewise lie granted, ex-
cepting those things whereunto be had now
answered.
After he had thus answered to the Objections
aforesaid, and the public notary had entered
the same, the Judges and Commissioners, as
having now accomplished that wherefore they
cime, were about to rise up and depart. Hut
the bishop of Gloucester thinking it not the
be>t so to dismiss the people, being somewhac
stirred with the words of the Archbishop, began
in bib Oration in the hearing of the people, tiius
to declaim :
The Okation of Bishop Brooks, in closing up
this Kxamiuation ofiainst Dr. Cranmer^
Archbishop of Canltrburif,
** MnSTEH Cranmer, I cannot otherwise term
you, considering your obstinacy, I am right
sorry, I am riwht heartily sorry to hear such
words escape your mouth so unadvi*$edly. I
had conceived a right good hope of y our amend-
ment. I supposed that .this obstinacy of your't
came not of a vain glory, but rather of a cor-
rupt conscience, wliich was the occasion that I
hoped so well <if ycmr reiurn. But now I per-
ceive by your foolish babble, that it is far othc^
wise, 'i e are so puti'ed up with vain glory,
there is such a cttuteria of heresy crept into
your conscience, that I am cKan void of hope,
and my hope i<) turned into perdition. Who
can save that will be lost ? God would hare
you to be saved, and you refuse it. Perditio
tua super tf Israel ; laniummodo in me sahutio
tuoj ait Doniinus pcnProf heiattf, i. Thy per-
dition is tmly upon thysdf, O Israel ; only in
me ia thy salvation, saith the Lord by his pro-
phet. You have uttered so erroneous talk,
with such open malice against the popr*s holi-
ness, with such open lying against theCburcJi
of Uonie, with such open blasphemy against
the Sacrament ot the altar, tliat no mouth
could have expressed more innliciously, more
'y>»gly, more olasphemously. — To reason with
you, ahhough I would of Uiyself to satisfy this
audience, yet may 1 not by our commission,
neither can I find how I may do it with the
SiMiptures: For the apostle doth coninun^'
tliat such a one should iMt opljr not be tsXktf^
79S]
STATE TRIALS, 1 Mary, 1553.— /or Treason and Herety,
[79+
withal, but also shunneH and avoideil, saying ;
hterettmm hvininem post unum out atterutn
eonrtntum^ divita^ curiH quod hujusmodt per-
versus est tt diltnquUf qwim sit pr 'pr'w judicio
cond- ntnatus, i. An heretirul |>f rson after oiire
oi twice » oarpiriiig, sbun, knowing tiint he is
peive**- .iinl ?.ii;i..t!i, heinj; of his own judg-
menc coti*ic'in «.<!. Vc liavp hren conferred
wiiljai U'ti in\ce or tv\i(e, but otteiitinies, vi
ha%e ()fi betu l..\in'j;y .idinonihed, ye have
been »'ft s<crerly .ii-juiird with. And the lasr
year ii» tlie open school, in o^-ea disputations,
ye have been openly convicr, ye have been
openly driven out of the school with hisses:
your book wliich ye brag you made seven years
a|ro, and no n»an ansi«tred it, M.rcus Anto-
Dius hath su(!i< ientlv detected and confuted,
and yet ye pe rsi.-t still in your «ir>nterl heresy. —
Wherefore behi^ so oft admonished, conferred
withul, and convic^e I, if ye <leny you to be ihe
man whom the apostle notetli, hear tiien what
Drigen saith, who wrote above 1300 years aj^o,
and interpreteth the ^aying of the apostle in
this way, in Apologia Pamptiili, Hcreticut ctt
omnis ilU habendus, qui Christo se cred* re pro-
jUetur^ el uliter dt Christi verilate sent it qutim
se habei Eccltsiastica traditio. Even now yc
professed a kind of Christianity and holiness
unto us, for at your beginning you fell down
upon your knees, and said the Lord's Prayer
(God wot like an hypocrite) and then stand-
ing upon your feet, you rehearsed the articles
of your faith, but to what end I pray you else,
but to cloak that inward heresy rooted in you,
that you might blind the poor, simple, and
unlearned prof)le8' eyes ? For what will they
say or think, if they do not thus say ? Good
Lord, what mean these men to say tliat lie
is an heretic, they are deceived, this is a
|ood Christian, he beiicvcth as we believe. —
But is this sufficient to escape the name of
the bishop of Rome, I confess it, and deny it
not, and therefore do suy with the rest of this
realm, good and catliolic .men, the saying of
the prophet ; Peccavimus cum patribus noatritp
injuite eginius^ iniquitatem J'ecintuSy t. We
have sinned with our fatheis, we have d6ne un-
justly and wickedly. Dclicta juventutis mea^
Sf ignorantias ttnan ne tnemintris D(fmi7ie, t.
I'he sins of my you'h, and my ignoiances, O
Lord do not reniember. 1 was then a young
man, ami Hs young a scholar here in the uni-
versity.— I know not then what an oath did
mean, and yet to say the truth, 1 did it coni-
pul«ied. compu'sed I say by you mister C'ran-
in«-r, and here were you the author and cause
of my perjuiy, you are to be blamed herein,
and not L Now where >ou say I made two
oaths, the one contrary to the other, it is not
so, for the oath I made to the pope's holiness
appertaineih only to spiritual things : The
other oath I made to the king, pertaineth only
to temporal things; that is to say, that I do
acknowledge ail my ttmporal hvirigs to pro-
ceed only from tiie kin::, and from none else.
But all men may say, as you agree in this, so
ye agr<*e in the rest of your opinions. — Novr
sir, a^ concerning: the supremacy which is only
due to the see of Home, a word or two. Al-
though there be a numb(r of places which do
couHrai that Christ appointed Peter head of
tlic church, yet this is a moat evident place.
When Christ demanded of his apostles whom
men called him, they answered ; Some Elias,
some a prophet, &c. But Christ replied unto
Peter, and said, Whom sayeat thou Peter that
I am ? Peter answered ; Tu es Ckristui, fUius
Dei : and Christ replied, Tu cs Petrus, Jjf super
hanc Petrnm adtficabo. Hcclesiam meam. 'I'he
doctor's interpreting this place, super hanc Pe-
tram, expounded it, id gsty non solum super fi-'
dum Petri, sed super te Petre, And why did
an heretic ? To the simple and unlearned it is I Christ change his name from Simon to Peter,
sufficient, but for you that have professed a
greater knowledge and higher doctrine, it is not
eoough to recite your belief. For unless, as
Origen saith, ye believe all things that the
Church bath decreed besides, you are no Chris-
tian man. In the which because you do halt,
and will come to no C(mformity ; from hence-
forth ye are to be taken for an heretic, with
whom we ought neither to dispute, neither to
rcascm, whom we ought rothc r to eschew and
avoid. — Nevertheless, although I do not intend
to reason with you, but to t^ive you up as an
abject and out-cast from God's favour, yet be-
cause ye have uttered, to the annoying of the
people, such pestilent heresies as n)uy do harm
among s<ime rude and unlcarne(), I think meet,
and nut abs rf, somewhat to say herein ; not
because I iiope to have any good at your hands,
which I would willingly wish, but that I
may establish the simple people which be
here preAent, lest they being seduced by your
which in Latin is a stone, but only to declare
that he was only the foundation and head of
the church. — Again, where Qhrist demanded
of Peter, being amongst the rest of his apos-
tles, three times a new, Petre, amas me f he gave
him charge over his fheep, Pasce oves nieas,
pasce agnos vieos. Which place Chrysostom
mterpreting, saith, Pasce, hoc est, loco mei esto
propositus Sf caput fratrum tuorum. To con-
clude, when they came that required didrach-
ma of Christ, he commanded Peter to cast his
net into the sea, and to take out of the fish's
mouth that he took, stateram, hoc est^ duplets
didrachma, Sf da inquit pro le Sf me Petre,
Which words do signify, that when he had
paid for them two, he had paid for all the rest.
For as in the old law there were appointed
two heads over the people of l>rael, Moses
and Aaron, Moses as chief, and Aaron next
head under him ; so in the new law there were
two heads of the church, which were Christ
and Peter. Christ is head of all, and Pctdr
diabolical doctrine, may perish thereby. —
And first, as it behoveth every man to purge ! next under him. St. Austin in 75 quaxt. fV-
Kinself first before be enter with any othtr, 1 teris it Novi Teslamcnti^ Halvator (inquit)
wber« jou accuse idc gf an oath made against l quum prose et Pelro duri jubcbat diarachna,
795] STATE. TRIALS, 1 Mart, 1553.— Proceedings agatnsi Archbishcp Cramner, [7W
pro omnibus ipsum dart censmt, ipsum enim con-
gtituit caput eorum, t. Our Saviour Chrisr,
saith St. Austioy commanding the tribute to be
given for him and for Peter, meant thereby the
same to be given for all other, for he appoint-
ed him to be head of them. What can be
more pUin than this ? But I will not tarry
upon this matter. — Now as touching the pope's
laws, where you say they be contrary, because
the service which should be, as you say, in
£ngli!>h, is in Latin ; I answer, whosoever will
take the pains to peruse the chapter, which is
in 1. Connth. 14. shall find, that -his meaning
is concerning preaching, and obiter only of
praying. Again, where you say, that t he pope's
holiness doth take away one part of the sacra-
ment from the laymen, and Christ would have
it under both, ye can say no more but this ;
Bibite ex to omnes, t. Drink ye all of this.
And what followeth ; Et biberunt ex roamnes,
t. And all drank thereof. - Now if a man
would be so prot^^rve with yon, he mi^ht stiy
that Christ gave it only to his apostles, in
whose places succeeded priests, and not la3r-
men. — And admit that Christ cemmandcd it
to be received under boih kinds, yet the
church liath authority to change that, as well
as other. Ye read, that Christ calling his
apostles together, said unto them ; J/c, prttdi'
cate Evangelium oinni nalionl, baptizantcs in
nnmine Patris, et Filiif et SpiritUi Sancli, i.
Go and preach the gospel to every nation, bap-
tizing them in the name of the Father, of the
Son, and the Holy Ghost. But the apostles,
being desirous to publish Chn^^fs name every
where, did baptize only in Christ's nnme.
Again, Christ before his fast supper washed his
apostles feet, saying. Si ego lavi pedes xestros
Dominus et Miigisttr^ et vos debetis alter alte-
rius lavare ptdes, t. If I have washed your
feet being your Lord and Master, also vou
ought to wasli the feet one of another. £x-
emplum dedi vobis, t. I have given you exam-
ple. This was a precept, yet bath the church
altered it, lest the simple people should not
think a rebaptization in it. So because saith
the apostle. Accept i Dojnino quod et tradidi
robis, Dominus tioster qua noctf tradebatur^
SfC. I. I Iiave received of tlie Lord the same
which I have delivered to you, that our Lord
the same niglit in which he was betrayed, &«.
Notwithstandinji; that this was a precept that
the sacrament should be ministered after sup-
per, the church hath altered it, and command-
ed it to be received fasting. And where Christ
did break the bread, we receive the whole host.
Christ ministered sitting at the table, we stand-
ing at the altiir. It was aUo commanded in
Acts 25th, that Christian men should abstain a
snffocato 1 1 sanguine, i. From strangled and
blood. But the church perceiving it to be a
precept but for a t-me, hath altered it. Christ
commanded to keep holy, Diem Sabbat i^ The
tabbatii day, and the church hath altered it to
Sunday, if tlien tlie ehurch may change
thingi that be so expressed in the scriptures ;
•he may abo change the form of recciviDg of
laymen under both kinds, for divers occasions.
First, that in carrying it to the sick, the blood
may not be shed, lost, or misused. And next,
that no occasion might be given to heretics to
think that there is not so much under one kind»
as under both. — But why would you have it
under both kinds, I pray you else, but only to
pcr\'ert and contrary the commandment ot the
church ? For when you had it under both kinds,
you believed in neither. And we having but
one, believe both kinds. Now sir, as concern-
ing the sacrament of the altiir, where you say,
you have a number of doctors of your side,
and we none of our side, that is to say, to con-
firm the real presence of Christ in the sacra-
ment of the altar, indeed one to stop your
mouth, I think it not possible to find. Never-
theless, where, your request is to have one
shewed unto you, and then you will recant, I
will shew you two. — St. Austin, super Psdt. 33.
Fcrebatur manibus suis, I find not how this is
true in David, saith he, literally, that he was
horn in his own Itands ; but in Christ I find it
literally, when he gave his body to liis apoftlet
at his hist supper. — Again, St. Cyprian, de
Cana Domini, saith, Punii quern Dominus nos^
ter discipulis suis porrigebat, non effigie, std
natura wutatus, omnipotentia verbi Jactus est
euro. What can be more plain than this ? yet
to your exposition it is not plain enough. But
give me your figurative, significative, and such
other like terms, audi will defend tlmt Christ
hath not yet ascended ; no nor yet that be was
incarnate, &c. Wherefore I can do no other
but put you in the number of them, whom
Chrysostom spake of in this wise, saying;
Audi, homo fidelis. qui contra hareticum roii-
tendis, si Pharistei convict i^ et non plucati et
fuereticif SfC, Hear, O thou Chrbtian roan,
wilt thou do more than Christ could do ? Christ
confuted tlie Pharisees, yet could he not put
them to Hience; Et fortlor es tu Christo}
And art thou stronger thau Christ? Wilt thou
go about to bring thehi to silence that will re-
ceive no answer? as who should say, thoa
canst not. Thus much I have said, not for joa
master Cranmer, for my hope that I conceired
of you is now gone and past ; but somewhat to
satisfy the rude and unlearned people, that they
perceiving your arrogant lying and lying arro*
gancy, may the better eschew your detestable
and abominable schism."
And thus ended the prelate his worshipful
tale. After whom Dr. Story takcththe matter,
and thus inferred in words, as ibUoweth:
« Master Cranmer, you have made a goodly
process concerning your heretical oath made
to the king, but you forget your oath made to
the see apostolic. As concerning your oath
made to the kine, if you made it to him only, it
cook an end by his death, and so it is released:
if you made it to his successors, well sir, the
true successors have the empire, and they will
you to dissolve the same, and become a member
of Christ^s Church again, and it standeth wdl
with charity.'' To this the archbishop aotwertd
agaiHi laitb the reporter : but what hif aaiwcr
797]
STATE TRIAI^, 1 "Mamy, 15J3.— /or Trea9<m and Haretyi
[791
W9B, that he soppretstih, and returnttb to the
words of Or. btory, who imperiou^l;^ turninj^
his speech again to tlie arcbbi^bop, »aid as ful-
lonetb : ' Hold your peace, sir, and so shall it
right well become you, considering Uiat I Kave
you licence before to say your umcy. Your
oath was no oath : for it lucked the three points
of an oath, that is to say. Judicium, JuiiUium,
Mi Veritatem,*
These with the hke words to the same effect
being uttered by Dr. Story, seeking to break
up and niake an end of that Session, he eftsoons
ealied for Witnesses to be produced, who should
be swum upon the book, to utter and declare
Che nest day whatsoever they knew, or could
remember to be inferred against Dr. Cran-
mer's Heresy. The names of the Witnesses
are these : Dr. Marbhal, commissary, and
deao of Christ's Church ; Dr. Smith, under
commissary; Dr. Tre^ham, Dr. Crooke, M.
London, M. Curtop, M. Warde, M. Series.
After the Depositions of wliich witnesses
being taken, Dr. Story admonished tlie Arch-
bishop, permitting him to make his exceptions,
if he thought any of the said Witnesses were to
be refused. Who then would admit none of
them ail, being men perjured, and not in Chris-
tian religion. For it to swear, said he, against
the pope were unlawful, they should ratlier
have giTen their lives, than tlieir oath. But if
it were lawful, then are they perjured, to defend
htm who they forswear before. Nevertlielcss,
this answer of the archbishop being lightly re-
garded, as little to the purpose appertaining,
be was commanded agam to the place from
whence he came. Who at his departing out,
like as at his first coming in, shewed low obedi-
ence to Dr. Martin, and to Dr. Story, the
queen's commissioners. Then Dr. Story point-
ing biro to the bishop of Gloucester, said, that
he ought rather to give reverence unto him. So
the reverend archbishop departing without any
obeisance exhibited to the bishop, all the
other rose up, and departed every one to his
own. And thus brake up tlie session for that
day, about two of the clock at afternoon.
And thus much hitherto concerning the sum-
mary effect of tliis Action or Session, with the
Orations, Discourses, and Articles commenced
against the archbishop of Canterbury, also with
lae Reasons and Answers of the said arch-
bishop to their objections and interrogatories.
Toudiing which his Answers, for so much as
they being recited, by report of a Papist (as is
aforesaid) seem to be not indiOerently handled,
it shall therefore not greatly be out of our
nailer, as ye have heard the Orations of bishop
firooks, with the reasons and talk o( the other
commissioners, amplified and set forth at large
on the one side, so now in repeating the words
and answers of the other part, to declare nn'd
let forth somewhat more amply and eifectually,
iriiat speech the said archbishop used for him-
idf in the same action, hj the mithful relation
aad lestimunj of certain other, who were
likeiviie tbera pieaentt and do thus report the
«ftitoflJb wcUnahop't wordi, aaiworingto
the first Oration of bishop Brooks, in manner
as folio weth :
A more full Answer of the Archbishop of Can*
terbury io the JirU Obation of Bishop
Brookes.
** Mt lord, you have very learnedly and elo*
quently in your Oration put nie in remem*
brance of many things toucbingmyself, wherein
I do not mean to spend the time in answering
of tliem. I acknowledge God's goodness to
me in all hb gif^s, and thank him as heartily
for this state wherein I find myself now, as
ever I did for the time of my prosperity ; and
it is not the loss of my promotions that griev-
eth me. Tlie greatest grief I have at this
time is, and one of the greatest that ever I
had in all my hfe, to see the king and queen's
majesties by their- proctors here to become
my accusers ; and that in their own realm
and country, before a foreign power. Jf I
have transgressed the laws of the land, their
majesties have sufficient authority and power
both from God, and by the ordinance of this
realm, to punish me, whereunto I both have,
and at all times shall be content to submit my-
self.— Alas! What hath the pope to do m
England ? whose jurisdiction is so far differant
from the jurisdiction of this realm, that it is im-
possible to be true to the one, and true to the
other. Tlie laws also are so divers, that who-
soever sweareth to both, must needs incur per-
jury to the one. Which as oft as I remember,
even fi)r the love that I bear to her grace, I
cannot but be heartily sorry to think upon it,
how that her highness the day of her coro-
nation, at which time she took a solemn oath
to observe all the laws and liberties of this
realm of England, at the same time also took
an oath to the bishop of Rome, and promised to
maintain that see. The state of England being
so repugnant to the supremacy of the pope, it
was impossible but she must needs be forsworn
in the one. Wherein if her grace had been
fiiithfuUy advertised by her council, then surely
she would never have done it. — ^Tlie laws of
this realm are, that the king of England is the
supreme and sole governor of all his coantriee
and dominions : and tliat he holdeth his crown
and sceptre of himself, by the ancient laws,
customs, and descents of tliekii^gs of the realm,
and of none other. The pope saitb, that all
emperors and kings hold their crowns and re-
gahtics of him, and that he may depose them
when he list ; which is high treason for any
man to affirm and think, being bom within
the king's dominions. — The laws of England
are, that all bi&hops and priests offending in
cases of felony or treason, are to be judged and
tried by the laws and customs of the realm.
The pope's lav^s are, that the secular power
cannot jud^e the spiritual power, ana that
they are not under their jurisdiction ; which
robbeth the king of the one part of his people,
— ^The laws also of England are, that who^
soever hindereth the execution or proceeding
of the laws of England for anf otuer foreafe
799] STATE TRIALS, 1 Mary, 1553 Proceedingt agaiiut ArchlMap Cranmer, [800
Uw8, ecclesiastical or temporal, iiicurreth the at the lattt r day shall ex#ct at his hand ; boast-
daii^er of a Prsmunire. The pope*8 laws are iii^ many tiine.'» in Um canons and decr«rt*Sy Uiat
that whosoever hiudereth tlie proceedings or '
executions of his laws, for any utiter laws, of
•ny otlier king or country, hotfi the prince
hiiuselt*, his council, all his otticers, scnbcs,
clerks, and whosoever ^i\e consent or aid to
the making or executing of any such laws,
•tand accursed. A heavy case (if his cur>e
were any thing worth) that the king and queen
cannot use their own laws, but Uiey and all
theirs must stand accursed. These thnigs and
many moi e examples he alledged, which (he
said). stirred him that he could not ^ive his con-
tent to the receiving of such an enemy into the
realm, so subverting the dignity and ancient
liberties of the same. — And as for the muiter of
Heresy and Schism, wherewith he was charged,
he protested and called God to witne&s, that he
knew none that he maintained. But if that were
an heresy to deny tl>e pope's authority, and the
rehgion which the see of lioine hath published
to the world these laier years, then ail the an-
cient fathers of the primitive church, the apos-
tles and Christ himself taught heresy : and he
desired all them present to bear him witness,
tliat he took the traditions and religion of that
Usurping prelaie to be most erroneous, f.ilse,
and against the doctrine ol the «\h>le scrip-
ture ; which he had oftentimes well proved by
writing, and the author of tiie same to he veiy
Antichrist, so often preached of by the aposth-'s
and profthets, in i%hom did most evidently
concur all signs and tokens whereby he was
pointed out to the world to be known. — For it
was most evident that he had advanced himself
above all emperors and kings of the world,
whom he allinnetb to hold th> ir estates and em-
pires of hitn, a» of their chief, and to be at his
commandment to depose and erect at his good
will and pleasure, and tliat the stories made
mention of his intolerable and indolent pride,
and tyranny, used over them in such sort, as no
king would have used to his Christian subjects,
nor yet a good master to his servants, setting
his feet on the emperor's neck, affirming that to
be verified in him, whit h was spoken only of
ou * Saviour Jesus Christ, in these words, Super
utpidem 4* ba$ili»cum awbulabis^ 4* conculcubis
Iconem Sf draconem. Other some had he made
to hold his stirrup, others he had displuced and
removed from their empires and seats royal:
and not content herewithal, more insolent than
Lucifer, he hath occupied not only the highest | sell« d him in thitVase to make k.isre h<mie, he
Elace ill this world, above kings and princes, but j feelint: in himsc li a iire.ir inal-iliry to such a pro-
ath further presumed to sit in the scat of Al- : nuMioD, and \(iv m)ity to leave his study, and
miuhty God, which only he reserved to himself, I especially c:uisi;|t'rini: by uhut meu^is he must
which is the conscience of man ; and to keep I ha\e it, which w.h cUan against his c mscie. ce
the possession thereof, he hath promised for- i wl.ich he conid not uttt-r without great peril
he can dispense Uontra t'ttrum, coutta Puutum^
contra vei u%6f novum Trutumtntum ; and that
he Plenitudiue pole*iuti», luntum / utett quan^
turn Dcus : I'liHt is. Against Peter, against
Paul, against the old and new Testament : and
of the fulness of power may do as much as God.
O Lord, whoever heard such blasphemy ? If
there lie any man that can advance himself
above him, let him be judged Antichrist. — ^This
enemy of God &ud oH our redemption, is so evi-
dently painted out in the scriptures by such
manifest sit2;ns and tokens, which ad so clearly
appear in him, that except a man will shut up
his eyes and heart against the light, Ue cainiut
but know him : and therefore for my part I will
never give my coii>ent to the rcceivinB of him
iotr» this church of Kngland. And \ou my lord,
and the rest that sit here in comniission, con-
sider ^ell and examine ycjur own consciences;
you have sworn against hnn, you are learned,
and can judge of the truth. I pray God you
be not xvilfuliv blind. A> for me, I ha\e here-
in discharged mine own confecieiice toward the
world, and I will write also my mind to her
grace, touching this mutter." The copy of
which Letter sent to the queen, ye shall find
after in the end of Lis story.
Whik lie in thi> sort made his Anstvrr, ye
heard l*cf >re how Dr. Story and Martin Jii*ers
times iiiti rrujired him witn hi.i^plu moos talk,
and would fain have had the bishop of Glouces-
ter to put him lo siienctt: \%ho niitwith«i(andi!ig
did not, but suiler(>d him to end h s ta^e at hill.
After this he heard also how ihey protcede-i to
examine him of ilivers Article^, ^henoi tlie
chief was, Ihat at the time of his creat.iig ahp.
of Canterbury, he was swuro tn the pope, and
had his Mtstitiition and induction from jiini, and
prouiised to nnintain then th*- authority <ii that
see, and therefore was pe»jured : wliereliin* he
should nither stick to his lirst oath, and return
to his Old told again, than to continue obsti-
nately in an oath forced in the time of schi<ro«
To that he answered, saving his protcstattin
(which term he used l)efoie all hi^ Answir^jihat
at such time as archbishop Warham died, he
was ambassador in G« rmany for the king, mIui
sent for him thereupon home, and huvii>g intel-
lij:ence by s<Mne of his friend^ (who we«e near
about the kinu) }k>vv i>e iik ant m> bestow the
same bishopric npon him, and therefore coun-
giveness of sins toticns quUiens. — He hath
brought in gods of his own fruming, and invent-
ed a new religion, full of gain and lucre, quite
contrary to the doctrine of the holy scripture,
only for the maintaining of his kingd(mi, dis-
placing Christ firoft iiis glory, and liolding his
people in a miserable servitude of blindness, to
iIm loM of • peat auaibfr of suulsi which God
and danger, devised an ex<'use to the king of
mutter of j;rt-a: importance, tor the which his
lonuer abode tht re should he most necess:iry,
thinking by that means jn his absence, that the
king would have bestowed it upon some otiier,
and so remained iIitc by that de\'ice, one
half year atler the king had written for him
to come home. But alter that no such ma»-
101]
STATE TRIALS, 1 Mary, 1553.-^ lYeason and Heresy.
[802
ter fell out, as he seemed to make suspicion
ot'j the king sent for him again. Who after his
return, understanding still the archbishopric to
be reser\'ed for him, made means by divers of
his best friends to shift it off, desiring rather
gome smaller livine, that he might more quietly
follow his book.— To be brief, when the king
himself spoke with him, declaring that liis full
iotentiou, for his service sake, and for the good
opinion he conceived of him, was to bestow
tiiat dignity upon liim, after long disabling of
liimself^ perceiving he could by no persuasions
niter tlie king's determination, he broke frankly
his conscience with him, most humbly craving
first his grace's pardon, for that he should de-
clare unto his hiehncss. Which obtained, he
declared, that if he accepted die office, then lie
must receive it at the pope's hand, which he
neither would, nor could do, for that his high-
nets was only the supreme governor of this
chorch of England, as well in causes ecclesias-
tical as temporal, and that the full right and
donation of all manner of bishoprics and bene-
fices, as well as of any other temporal dignities,
aod promotions, appertained to his grace, and
not to any other foreign authority, whatsoever
it was, and therefore j£ he might in that voca-
tion 8erv« God, him, and his country, seeing it
was hit pleasure so to have it, he would accept
it, and receive it of his majesty, and of none
other stranger, who had no authority within tliis
realm, neither in any such gift, nor in any
other thing. Whereat the king, said he, stay-
ing a while and musing, asked me how I was
able to prove it. At which time I allcdgcd
many texts out of the Scriptures, and the Fathers
also, approving the supreme and highest au-
thority of kings in their realms and domi-
nions, disclosing therewithal the intolerable
usurpation of the pope of Home. — After-
wards it pleased his higtmess (quoth the arch-
bishop) many and sundry tiiuts to talk with
me of it, and perceiving that I could not be
brought to acknowledge the authority of the
bishop of Rome, the king himself called doctor
Oliver, and other civil lawyers, and devised
with them how he might bestow it upon me,
inforcing me nothing against my conscience.
Who thereupon informed him, that I might do
it by the way of protestation, and so one to be
lent to Rome, who might take the oath, and do
every thioe in my name. Which when I un-
<lerttood, I taid, he should do it super animam
mam z and 1 indeed) bona fide made my pro-
testation, that I did not acknowledge his autho-
rity any further, than as it agreed with the
express word of God, and that it might be
Uivful for me at all times to speak against him,
tnd to impugn his errors, wlien time and occa-
sion should serve me. And this my protesta-
tion did I cause to be enrolled, and there I
think it remaineth.
They objected to him also that he was mar-
ried, which he confessed. Whereupon Dr.
Martin taid, that his children were bond-men
to the tee of Canterbury. At wliicli saying
the nrcbbitliop jMuled, aod asked him if a priest
at his benefice kept a concubine, and had by
her bastards, whether they were bondsiiion to
the benefice or no, saying, I trust you will make
my diildrcn's causes no worse?
After this Pr. Martin demanded of him vrho
was Supreme Head of the Church of Ki}j;land?
Marry, quoth my lord of Canterbury, Cliii'-t is
head of this member, as he isof'tiie whole
body of the uuiversal church.' Why, quot'i
Dr. Martin, you made king Henry 8(li supreme
head of tlie Church. Yea, said the archbishop,
of all the people of England, as well ecclcsiiis-
tical as temporal. And not of the church, said
Martin ? No said he, for Christ is only head of
his church, and of the faith and religion of the
same. The king is head and governor of liis
people, which are the visible church. What
(quoth Martin) you never durst tell the king
so. Yes, that I durst, quotli he, and did, in
the publication of hi:> stile, wherein he wot
named supreme head of the church ; there was
never other thing meant. A number of other
fund and foolish objections were made, with re-
petition whereof I tliought not to trouble the
reader.
Thus after they had received his Answers to
all their Objections, they cited him (as is afore-
said) to appear at llome wiihin fourscore days,
to make there his personal answers : which he
said if the king and queen would send him,
he would be content to do, and so thence was
carried to prison :igain, where he continually
remniued, notwithstanding that he was com*
manded to appear at Rome.
Wherein all men tliat have eyes to scic may
easily perceive tlie crafty practice of these pre*
lates, and tlfe visored face of their justice, as
though the court of Rome would condemn no
man before he answered for himself, as all law
and equity required. But the very same in-
stant time, the hoHness of that unholy father,
contrary to all reason and justice, sent his letter
executory unto the king and queen to degrade
and deprive him of his dignity: which thing he
did not only before the 80 days were ended,
but before there were 20 days spent. Furtlier-^
more, whereas the said Acchuishop was first
detained in strait prison so that he could not
appear (as was notorious both in England and
also in the Romish court) and therefore had a
lawful and most just excuse of his absence by
all laws, both popish and other: yet in the end
of the said fourscore days, was that worthy
martyr decreed ContumaXf that is, sturdily, fro*
wardly, and wilfully absent, and in pain of the
same ms absence condemned and put to deailu
«
Dr. Thurlby and Dr. Bonner come with a new
Commistion to tU upon the Atchbithop the
Uth tfFebruarj/, 155C.
Tuis Jxtter or Sentence definitive of the
pope was dated abaut tlie 1st day of January
and was delivered here in Kngland about the
midst of February. Upon the receipt of which
letters another session was appointed for tlie
Archbishop to appear the 14 th day ofl'cb. before
certain Commissioners directed down by the
3 F
«03] STATE TRIALS, 1 Mary, 1353. — Proceedings against Archbishop Cranmer, [804.
queen, the chief whereof was the bishop of Ely,
l)r. Thurlby. Concerning which Dr. Thurlby
by the way here is to be noted, that albeit he
nvas not the siuu arclii>ibhop*s houshold chap-
lain, yet he \M\^ so fuiniiiurly acquainted with
fciin, so dearly beloved, su inwardly accepted
and advanced of him (not like a chaplain, but
rather like a natural brother) that there was
nevtr any thing in the archbishop's house so
dear, t\cre it plate, jewel, horse, maps, books,
or any thinjj; else, but if Thurlby did never so
^ little commend it (a subtle kind of begging) the
archbibhop by and by, titlicr gave it to him, or
shortly sent it at\er him to his house. So
greatly was the archbishop enamoured with him,
that whosoever would obtain any thing of him,
inoitt commonly would .make their way before
by Dr. Thurlhy. Which by matter of the said
Dr. Thurlby, 1 thought here to recite, not so
iDUch to upbraid the man with tlie vice of un-
thankfulness, as chiefly and only for this, to ad-
monish him of old benefits received, whereby
be may the better remember his old benefactor,
and so to &vour the cause and quarrel of him
whom he was so singularly bounden unto.
With the said Dr. Thurlby bishop of Ely, was
also assigned in tlie same commission Dr. Bon-
ner bishop of London, which two coming to
Oxford upon St. Valentine's day, as the pope's
delegates, with a new commission from Rome,
by the virtue thereof commanded the arch-
bishop aforesaid to come before them, in the
choir of Chri^^t's church, before the high altar,
where they fitting (according to their manner)
in their poutilicaiibus, first begun as the fashion
is, to read their commission : wherein was con-
tained, how that in the court of Rome all things
l>cing indifferently examined, both the articles
Idid to his charge, with the answers made unto
them, and witnesses exaulined on both parts,
and council heard as well on the king and
queen's bihalf his accusers, as on the behalf of
Thoniiis Cranmer the party guilty, so that he
wanted nothing nppertainmg to his necessary
defence, tec. Wliich foresaid commission, as it
was in reading, O lx)rd, said the archbishop,
what lies be these, tl:at I being continually m
prison, and never could he suffered to have
counsel or advocate at home, should produce
witness and appoint my counbtl at Rome?
God must needs punibh this open and shameless
lying. They read on the conimisiiion which
came from the pope, I'knittidinc potest atis,
supplying all manner of defect:; in law or pro-
cebb, committed in dealing with the archbishop,
and giving them full authority to proceed to
deprivation and de|;radiition of them, and !»o
upon excomnmnication to deliver hiui up to the
secular pnwcr, Omni appellatione remota.
When the Cumniissiuu was read tlius, they
proci;eding thereupon to his di>gradaiion, first
cloathe<l nnd disguised him ; putting on him a
surplus, and then an albe ; after jthat the vesti-
inent of a subdeacon, and every other furni-
ture, as u priest ready to masse. When they
Jiad appareUed him so far, What, said he, I thiok
1 iball say mass : Yta, said Cosins, cue of
Bonner's chaplains, my lord I trust to see yoa
I say mass for all this. Do you so, quoth lie ?
I that shall you never see, nor will 1 ever do it. —
' I'hcn they invested him in all manner of robes
of a bishop and archbishop, as he is at his in-
stalling, saving that as every tiling then is most
rich and costly, so every thing in this of canvas
and old clouts, with a mitre and a pall of the
same suit done upon him in mockery, and
then the crosier staff was put in his hand.
This done after the pope's pontifical form and
manner, Bonner, who by the space of many
years had borne, as it seeroeth, no great good
will towards him, and now rejoiced to see this
day wherein he might triimaph over him, and
take his pleasure at full, began to stretdi out
his elo<|uence, making his oration to the assem-
bly, after this manner of sort.
Bishop Bonner's Oration against the Arch'
bishop Cranmer,
** This is the man that hath ever despised the
pope'b holiness, and now is to he judged by him.
This is the man who hath pulled down so
many churches, and now is come to be judged
in a church. This is the man that condemned
the blessed sacrament of the altar, and now is
come to be condemned before that blessed sa-
crament hanging over the altar. This is tlie
man that like Lucifer sat in the place of Christ
upon an altar to judge other, and now is come
before an altar to be judged himself."
Whereunto the Archbishop interrupting him
said. That in that he helied liim, as he did
in many other things : for that which he would
now seem to charge him withal, was his own
fault, if it was any, and none of his. For the
thing you mean, %%as in Paul's church, said he,
where I came to sit in Commission ; and there
was a scaffold prepared for me and others, by
you and your olficers, and whether there were
any altar under it or not, I could not perceive
it, nor once suspected it, wherefore you do wit-
tingly evil to char|;e me with it. — Bui Bonoer
went on still in his rhetorical repetition, lying
I and railing against the archbisliop, begiuniiig
\ e\ery sentence with * tliis is the man, this
j is the man,* till at length there .was nexer
I a man hut was weary of the unmannerly
! usage of him in that time and place : insomuch
•' that the bishop of Ely aforesaid divers times
! |>ulled him by the sleeve to make an eud, and
' said to him afterward when they went to din-
; ner, that he had broken promise with biro : for
he had intreated him earnestly to use bim with
reverence.
Aflcr all this done and finished, thej began
then to bustle towards his degrading, and first
to take from him his crosier staff out of his
hands which he held fast, and refused to deli-
i ver, and withal, imitating the example of Mar-
I tin Luther, pulled an appeal out of Lis left
, sleeve under the wrist, wliich he tbere and then
delivered unto them, saying, ^* I appeal to the
next General Council ; and herein I have com-
prehended my cause and form of it, which I
desire may be* admitted ;" and pray^l diren af
805]
CTATE TRIALS, 1 Mary, 1553.--^ Treason and Ileret^.
[800
the staoders bj, by name to be witnesses, aod
especially M. Canop, to whum he spoke twice,
&c.^ The copy of which his ^Appellation, be-
cause it was not printed before, 1 thouglit l^re
to exhibit, ad rei memoriam, as in form here
foUoweth :
The tenor of the Appeal of the Archbishop of
Canterhury from the Fope, to tite next Gene-
ral Council,
" In the name of the Father, and of the Son,
and of the holy Ghost. — First, my plain pro-
testation made, that I intend to speak nothing
against one holy, catholic aad apostolical
church, or the authority thereof, the which au-
tliority I have in great revereuce, and to whom
my mind is in all things to obey, and if any
tbmg peradrenture, either by slipperiness of
tongue, or b^ indignation of abuses, or else by
the provocation of mine adversaries be spoken
or done otherwise than well, or not with such
reverence as becometh me, I am most ready
to amend it. — Although the bishop of Rome,
whom they call pope, beareth the room of
Christ in earth, and hath authority of God, yet
by that power or autiiority he is not become
ODsinnable, neither hath he received that power
to destroy, but to edify the congregation.
Tberefcue if he shall command any ^hin^ that
is not right to be done, he ought to take it pa-
tiently aod in good part, in case he be not
therein obeyed. And he must not be obeyed,
if be command any thing against the precepts
of God : no rather he may lawfully be resisted,
c%'en as Paul withstood Peter. And if he being
aided by help of princes deceived perchance
by false suggestion, or with evil counsel, cannot
be resisted, but the remedies of withstanding
him be taken away, there is nevertheless one
remedy of appealing, which no priiice can take
away, uttered by tlie very law of nature : forso-
niucb as it is a certain defence, which is meet fur
every body by tlie law of God, of nature, and of
man. — And whereas^he laws do permit a man
to appeal, not only from the griefs and injuries
done, but also from such' as shall be done here-
after, or threatened to be done, in so much
tiiat the inferior cannot make laws of not ap-
pealing to a superior power; and since it is
openly enough confessed, that a holy general
council lawfully gathered together in the holy
Gboit, and representing the holy Catholic
cfauFcb, it above the pope, especially in mat-
ters concerning faith ; that he cannot make
decrees tliat men sliall not appeal from him to
a general council : therefore I Thomas Crau«
mer, archbishop of Canterbury, or in time past
roler of the metropoliticnl church of Cunter*
bury, doctor in divinity, do say and publbh be-
fore you the public notary, and witnesses here
present, with mind and intent to challenge anri
appeal from the persons and griefs underneath
wntten, and to proffer myself in place and time
cotnrenient and meet to prove the articles that
(bUow. And I openly confess, that I would
lawfnllj have published them before this day,
if I milbt ba?« had aithe r liberty to come
abroad myself, or licence of a notary and wit-
nesses. But further than I am able to do, I
know well is not required of the laws. 1st I
say and pubHsh, that James by tlie mercy pf
God priest, called Cardinal of the Pit, and of
the title of our lady in the way of the church of
Rome, judge and commissary specially deputed
of our most holy lord the pope, as he afiirmed,
caused me to be cited to Home, there to ap-
pear fourscore days after the citation ser\'ed
on me, to make answer to certain articles
touching the peril of my state and lifd^ : and'
whereas I was kept in prison with most straight
ward, so that I could in no wise be suffered to
go to Rome, nor to come out of prison, and in
so grievous causes concerning state and life,
no man is bound to send a proctor, and though
I would never so ftiin send my proctor, yet by
reason of poverty I am not able, for all that ever
I had, wherewith I should bear my proctor's costa
and charges, is quite taken from me, neverthe-
less the most reverend cardinal aforesaid doth
• sore threaten me, that whether I shall appear or
not, he will nevertheless yet proceed in judgment
against me. Wherein I feel myself so grieved,
that nothing can be imagined more mbchievouf
or further from reason. — 2. Tlie reverend father
James Brooks, by the mercy of God bishop of
Glocester, judge and undci^deputy, as he af^
firmed, of tlie most reverend cardmal, caused
me to be cited at Oxford, where I was then
kept in prison, to answer to certain articles,
concerning the danger of my state and life.
And when I being unlearned and ignorant in
the laws, desired council of the learned in the
law, that thing was most unrighteously denied
me, contrary to the equity of all laws both of
God and man. Wherein again I feel me most
wrongfully grieved. — 3, And when I refused
the said bishop of Gloucester to he my judge,
for most iust causes, which I then declared, he
nevertheless went on still, and made procesa
against me, contrary to the rule of the laws of
appealing, which say, ' A judge that is refused
ought not to proceed in the cause, but to leave
off.^ And when he had required of me answers
to certain Articles, I relumed to nmke him any
answer: I said I would yet gladly make answer
to the most renowned king and queen's deputies
or attorneys then present, with lUh condition
notwitlistanding, that mine answer should be
extrajudicial, and that was pennittcd me. And
with this my protestation made and admitted,
I made answer; but mine answer was sudden
and unprovided for : and tliercfore I desired to
have a copy of mine answers, that I might put
to, take away, change and amend them ; and
this was also permitted me. Nevertheless, con-
trary to his promise made unto me, no respect
had'to my protestation, nor licence given to
amend mine answer, the said reverend father
bishop of <JJIouce*»ter, as I heor, commanded
mine answers to be inacted contrary to the
equity of the law. In which thing aj^ain I feel
me much grieved. — 4. Furthermore, I ciulU
not for manv causes admit the bishop of Rome's
usurped authority in this realm, nor cooK*nt to
SOT] STATE TRIALS, I Mary, } 5 53.— Proceedings against Archbishop Cranmer, [808
it: rir^t my sokiun nntli le'.iini; me, ^v))k-h 1 1 foresaid and many other griefs and abuses,
mutle in the time of kiki^ Henry tlic i>il), of
mo<^t fainuUt iiu'iuor^', nccoriliii^ lo tlic laws of
Kiijiliuid: ijccoiuilv, bcciiiisie T knew the autho-
riiv ot the bi<hoj> of Koino, uhich he iisurpcth,
to be a^'Liiiibt the crown, customs, and laws of
tltis rc'uim ol' F.ni^lar.d, insomuch, that neither
which I intend to prove, and do prolTcr myself
in time convenient to prove hereuftor, since re-
fornpaiion of the above mentioned abuses, is
not to be looked for of the bishop of Itome,
neithtT can 1 hope by reason of f lis wicked abuses
and usurped uutlioriiy, to have iiim an equal
the kintf can l)c crowned in this reahn, without ! .iud>;e in his own cause : Therefore I do chal-
thc uK.-^t gricvurLS (.iiinc of perjury, nor may | lcn<;e and appeal in these writings from the
bishops enjrjy tl'jL'ir bii^hoprics, nor )ud>:(ncnts to I pope, having no good council, and from the
be usc<l accmdin^ to the laws and customs of j above named pretences, comroissionSy' and
this realm, except by the bishop of Ronif's au- ! ju-!«;cs, from their citations, pmcesses, and
thority, he accursed both tiie king and cptccn, . from all other tilings that have or shall tV>lln\v
the jiidjies, writers, ^nd executors of the laws \ thereupon, and from every one of them,
and cubiiiins, with all that consent to them. : unil from all their sentences, censures, pains.
Finally, the wiiole realm shall he accursed. — i and punishments, of cursing, suspension, and
b. Moreover, that heinous and usurped auiho- \ interdicting, and from all others wh{itsoe^cr
rity of the bishop of Ri^me, through rtrsc-rva- | their dcnouncings and declarations (us they
tioiis ot' the bishoprics, provisions, annuatcs, ! pretend^ of schism, of heresy, adultery, depn-
dispcnsfttions, pardons, appellations, bulls, and
other cur.'ieil merchandise oi' Rome, was wont
exceedingly to spoil and consume the riches
and substance of t'riis realm, all which things
should fi>llow aouin by rccouiiisin^ and receiv-
ing of th;it usurped authority unto the unmea-
Burable loss of this realm. — 6. Finally, it is
most e\ident by that usurped authority, not
only the crown of Knglaml to be under yoke,
the laws and customs of this reulni lo be thrown
down and trodden under foot, but also the most
holy decrees of councils, together with the pre-
cepts both of the go.sptl and of God. — When
in times past the sun of righttH)usness being
risen in the %vorld, Christian religion by the
preaching of the apostles be^an to be spread
very far abroad and to Hourish, insomuch that
their sound went out into all the world ; innu-
merable people, which walked in darkness, saw
a great light, GmVa glory every where published
did flourish, the only curk and care of ministers
of the (hurch was j)uitiy and sincerely to
Ijrcach Christ, the peo])le to embrace and fol-
ow Christ's doctrine. Then the church of
Rome, as it were lady of the world, both was,
and als«) was counted worthily the mother of
other churches, for as much as then the lirst
beg:;t to Christ, nourished with the food of pure
doctrine, did help them with their rich:?s, suc-
coured the oppressed, and was a sanctuary for
the miserable, she rejoiced v.itli them that re-
joiced, and wept with them that wept. Then
by the rxaniples of the bishops of R*jme, riches
were despised, worldly glory and pomp was
tiod.len underfoot, pleasures and riot nothing
rcuarde<l. Then this frail and uncertain life,
beinn lull of all mi?eiies, was laughed to scorn,
vrhilc ihrougli the example of Romish ^Martyrs,
men did c\ery where piess f»)rward to thehfe
to come. I-iiit al\er\vaid >^hen the ungracious-
ness oj ilauMjiil.ic amiiitiun, never siilisficd ava-
rice, and iliL* liiirribk- enoriniry of vires had
cornijitMl and t.ikcn the see nf Rome ; there
folhiwe<l every whrre almost the detbrraitics of
all churches, growini: out of kiiul into the
manners of the church their mother, leaving
their former iuii(x:eucy and purity, and slip-
ping iuto foul and bvinous uMra.*-For ibe
vatiun, degrading by them or by any of
them, in any manner wise attempted, done,
and set forward to be attempted, to be done,
and to be set forward hereafter, saving always
their honours and reverences, as unequal and
unrighteous, most tyrannical and violent, and
from every grief to come, which shall happen
to me, as well for myself as for nil and every
one that cleaveth to me, or will hereafter be
on my side. Onto a- free general council, that
shall Iiereafter lawfully be, and in a sure place,
to the which place I or a proctor deputed by
me, may freely and with safety come, and to
him or them, to whom a man may by the law,
privilege, custom, or otherwise challenge and
appeal. — And I desire the first, the second,
and the third time, instantly, more instantly,
and most instantly, that I may have messen-
gers, if there be any man that will and can
give me them. And I make open promise of
prosecuting this mine Appellation, by the way
of di^aimulling abuse, inequality, and unrighte-
ousness, or otherwise as I shall l>e better able:
choice and liberty resened to me, to put to,
diminish, change, correct, and interpret my
sayings, and to reform all things after a better
fashion, saving always to me every other bene-
fit of the law, and to them that cither be, or
will be on my part. — And touching my doctrine
of the Sacrament, and other my doctrine, of
what kind soever it be, I protest that it was
never my mind to write, speak, or understand
any thing contrary to the most holy word of
God, or el^^e against the holy catholic church
of Christ, but purely and simply to imitate and
teach those things only, which I hud learned
of the sacred 5M:'rii)tun.*, and of the holy catbo*
lie church of Christ from the beginning, and
also according to the exposition of the most
holy and learned fathers and martyrs of the
Church. — And if any thing hath peradventure
chnnced othenvise than I thought ; I may err^
but heretic I cannot be, forasinucli as 1 am
ready in all tilings to follow the judgment of
the most sacred word of God, undf Qf the holy
catholic Church, desiring none other thing,
than meekly and gently to be taught^ if any
where, whic^ God forbid, I have fwcnrcd from
509]
STATE TRIALS, l Mart, 1 553-— /or Trmon and Heresy.
[810
the tnitfa. — ^And I protest and openly confess,
that in all my doctrine and preaching, both of
the Sacrament, and of etlier my doctrine what-
loeii-er it be, not only 1 mean and judge those
things, as the cathr)iic Churcli, and the most
boly fathers of old with one accord have meant
nnd judged, but also I would gladly use the
lame words tliat they used, and not use any
Dtbcr words, but to set my hand to all and sin-
gular their speeches, phrases, ways and forms
of speech, which they do use in their treatises
upon the Sacrament, and to keep still their
ioterpretmtion. But in this thing I only am
Bocosed for an heretic, because 1 allow not the
doctrine lately brought in of the Sacrament,
and because I consent not to words not ac-
castomed in Scripture, and unknown to the
ancient fathers, but newly invented and bn)ught
io by men, and belonged to the destruction of
souls, mod overthrowing of the pure and old
religion. Given, &c."
This Appeal being put up to the bishop of
Ely, he said. My lord, our Commi«»sion is to
proceed against you. Omnia appelUtthne remotn,
and therefore we cannot admit it. Why, quoth
be, then you do me the more wrong : for my
case is not as every private man's case. The
matter is between the pope nnd me hnmcdiate,
aod none othen^ise : and I think no man ought
to be a judge in his own cause. — Well, quoth
El^, if it may be admitted it shull, and so re-
ceived it of him. And then began he to per-
toade earnestly with the archbishop to consider
his state, and to weigh it well, while there was
time to do him good, promising to become a
suitor to the king and queen for him ; and so
protested his great love and friendship that had
oeen between them, heartily weeping, so that
for a time he could not go on with his tale.
After going forward, he earnestly affirmed, that
if it had not been the king and queen's com-
inandmenr, whom he could not deny, else nb
worldly commodity should have made him to
have done it, concluding that to be one of the
Borrowfullest things that ever happenedonto him.
The archbibhop gently seeming to comfort
him, said, be was very well content withal : and
so proceeded they to his degradation. — When
they came to take off his pall, which is a solemn
Testmre of an aichbisbop, then said he. Which
of you hath a pall, to take off my pall ? Which
imported as much as they being his inferiors,
coold not degrade him. Whcreunto one of
them said, in that they were but bishops, they
were his inferiors, and not competent judges:
but being the pope's delegates, they might take
his pall, and so they did, and so proceeding
took ererir thing in order from him, as it was
put on. Then a barber clipped his hair round
about, and the bishop scraped the tops of his
fingers where he had been anointed, wherein
lusnop Bonner behaved himself, as roughly and
DomaDDerly, as the other bishop was to liini soft
aod gentle. Whilst they were thus doing, All
this, ooocb the archbishop, needed not : I had
omelrdooa with this gciir long ago. Last of
•H tbsy tcrippcd faim out of his gown into his
jacket, and put upon him a poor yeoman bea-
dle's gown, full bare and nearly worn, and as
evil favou redly made, as one might lightly see,
and a townsman's cap on his head, and so
delivered him to the secular power. — ^Afler this
pageant of degradation, ana all was fmished,
then spake lord Bonner, saying to him, Now
are you no lord any more : and so whensoever
lie spake to the people of him, as he was con-
tinually barking agauist him, ever he used this
term. This gentleman here, &c.
And thus with great compassion and pity of
every man in this evil-favoured gown wiis he
carried to prison. Whom there followed a
gentleman of Gloncebtersliire with the arcli-
bishop's own gown, who, standing by, and
being thought to be toward one of the bisiiops,
had it delivered unto liim ; who by the way
talking with him, said, the bishop of Ely pro-
tested his friendship with tears. Vet, said he,
he might have used a great deal more friend-
ship towards me, and never have been the
worse thought on, for i have well deserved it :
and going into the prison up with him, asked
him if he would drink. Who answered him,
saying, if he had a piece of salt-Ash, that he
had better will to eat : for he had been that
day somewhat troubled with this matter, and
Iwd eaten little, but now that it b past, my
heart, said he, is well quieted. Whereupon the
gentleman said, he would give liim money with
all his heart, for he was able to do it. But he
being one toward the law, and fearing master
Farmer's case, durst therefore give him nothing,
but gave money to the bailiflfs that stood by,
and said, that if they were good men, they
would bestow it on him, formv lord of Canter-
bury had not one penny in fiis purse to lielp
him, and so left him, mv lord bidding him earn-
estly farewel, commending himself to his prayers
and all his friends. That night this gentleman
was staid by Bonner. and Ely, for giving him
this money : and but for the help of friends,
he had been sent up to the council. Such was
the cruelty and iniquity of the time, that men
could not do good without punislunent.
Here /olloweth the Recantation of the Ardk-
biihopfWith his Repentance of the same.
In this mean time, while the Archbishop was
thus remaining in durance, whom they had kept
now in prison almost the space of three years,
the doctors and divines of Oxford buiicd them-
selves all that ever iliev could abnut master
Cranmer, to have him rcciint, a«>aviiijr |,y all
crafty practices and alltircincnis they might
devise how to bring their pnrf)ose to pa^s.
And to the intent tlicy mi^ht win him easily,
they had him to the dean's house of Chri!»t*s
Church in the said university, where he lacked
no delicate fare, played at the bowU, had his
pleasure for walking, and all other thin<rs that
might bring him from Christ, ovtr and lie^ide**
all this, secretly and slightly ihey subonied cer-
tain men, xvh\c\\ when they ctMild nor <.xpi]gn
him by arguments and disputation, shi>uid by
entreaty and fair promises, or any other means
allure him to Recantation ; perceiving other-
vise what a great wound they should receive,
if the archbishop had stood stedf&st in his sen-
tence : and again on the other side, how great
profit lUej should get, if he as the principal
standard-bearer, should be overthrown, ay
reason whereof the wily papists flocked about
iiim, with threatening, flattering, intreating,
and promising, and all other means ; specially
Henry Sydalt, and Friar John a Spaniard, de
Villa Garcina^ to the end to drive him, to the
uttermost of their possibility, (torn his former
sentence to recantation.
First, tliey set forth how acceptable it would
be both to the king and queen, and especially
how gainfal to him, and for his soul's health the
same should be. They added moreover, how
the council and the noblemen bare him good
will. They put him in hope, that he should
not only have his life, but also be restored to
his antient dignity, saying, it was but a small
matter, and so easy that they required him to
do, only that he would subscribe to a few words
with his own hand ; which if lie did, there
should be nothing in the realm that the queen
would not easily grant him, whether he would
have riches or dignity, or else if he had rather
live a private life in quiet rest, in whatsoever
place lie hsted, without all public ministery,
only tliat he would set his name in two words
to a little leaf of paper ; but if he refused,
there was no hope ot health and pardon : for
the queen was so purposed, that she would
have Cranmer a catholic, or else no Cranmer
at all. Therefore he should chuse whether he
thought it belter to end his hfe shortly in the
flames and firebrands now ready to be kindled,
than with much honour to prolong his life, un-
til the course t>f nature did call him ; for there
was no middle way. — Moreover, they exhorted
him that he would look to his'^ealth, his es-
timation and quietness, saying, that he was not
80 old, but that many years yet remained in
this his so lusty age ; and if he would not do it
in respect of the queen, yet he should do it for
respect of his life, and not sufler that other
men should be more careful for his health
than he was himself: saying, that this was
agreeable to his notable learning and virtues ;
which being adjoined with his life would he
profitable both to himself, and to many other ;
but being extinct by death, should' be fruitful
to no man ; that he should take good heed
that he went not too far ; yet there was time
enough to restore all things safe, and nothing
wanted, if he wanted not to himself. There-
fore tliey would him to lay hold upon the occa-
sion of his health while it was offered, lest if
he would now refuse it while it was offered, he
might hereafter seek it when he could not have
It.
Finally, if the desire of life did nothing move
him, yet he should remember that to die it
grievous in all ages, and especially in these his
years and flower of dignity it were more griev-
ous: but to die in the ore and such torments,
if most grievous of sIL With these and like
Proceedings against ArMishop Cranmer^ [812
provocations these fair flatterers ceased not to
solicit a'nd urge him, using all means they
Could to draw him to their side ; whose force
his manly constancy did a great while resist.
But at last when the^ made no end of calling
and crying upon him, the archbisliop being
overcome, whether through their importunity,
or by his own imbecility, or of what mind I
cannot tell, at length gave his hand.
Jt might be supposed, that it was done for
the hope of life, and better days to come, fiut
as we may since perceive by e letter of bis
sent to a lawyer, the mbst cause why he de-
sired his time to be delayed*, was that he would
make an end of Marcus Antrmius, which he
had already begun : but howsoever it was,
plain it w^s, to be against his conscience.
The form of which Recantation made by the
friars and doctors, whereto he subscribed, was
this:
The Copy and Words of Cranmer^g Recanta-
tion.
" I Thomas Cranmer late Archbishop of
Canterbury, do renounce, abhor, and detest,
all manner of heresies and errors of Luther and
Zwinglius, and all other teachings which be
contrary to sound and true doctrines. And I
believe most constantly in my heart, and
with my mouth I confess one holy and catliolic
church visible, without the which there is no
salvation ; and thereof I acknowledge the
bishop of Rome to be supreme head in earth,
whom I knowledge to be the highest bishop
and pope, and Christ's vicar, unto whom all
Christian people ought to be subject. — And at
concerning the sacraments, I believe and wor-
ship in the sacrament of the altar the very
body and blood of Christ, being contained
most truly under the forms of bread and wine ;
the bread through the mighty power of God
being turned into the body of our Saviour Je-
sus Christ, and the wine into his blood. And
in the other six sacriuuents also, like as in this,
I believe and bold as the universal church
holJeth, and the church of Rome judgeth and
determineth. — Furthermore, I believe thit
there is a place of purgatory, where souls de-
parted be punishea for a time, for whom tht
Church doth godly and wholesomely pray, likt
as it doth honour saints and make prayers to
them. Finally, in all things I profess, that I
do not otherwise believe, than tlie catholic
church and the church of Rome holdeth and ■
teacheth. I am sorry tliat ever I held or
thought otherwise. And I beseech Almighty
God, that of his mercy he will vouchsafe to
forgive me, n hatsoever I have offended ngaioM
God or his church, and also I desire and be-
seech all Christian people to pray for noe.
And all such as have been deceived eitiier bj
mine example or doctrine, I require them hj
the blood of Jesus Christ, that they will retum
to the unity of the church, that we may be sU
of one mind, without schism or divbien.<— And
to conclude, as I submit myself to the cetholie
chnrch of ChiisC, and to tbe soprcuw lieed
._ j^^
«IS]
STATE TRIALS, 1 Mary, 1553.— /or Treason and Heresy,
[814.
■
thereof, so I submit myself unto the most ex-
ceiient majesties of Fhilip aiid Mary, king and
queen of this realm of England, &c. and to all
other their laws and ordinances, being ready
•Iways as a faithful subject ever to obey them.
And God is my witness that I have not done
this for favour or fear of any person, but wil-
lingly and of mine own mind, as well to the
discharge of mine own conscience, as to the in-
struction of other/'
This Recantation of the archbishop was not
«o soon conceived, but the doctors and pre-
lates without delay caused the same to be im-
printed, and set abroad in all men's hands.
Wbereunto for better credit, first was added
the name of Thomas Cnmmer, with a solemn
subscription, then followed the witnesses of
this Recantation, Henry Sydall, and Friar John
de Villa Garcina. All this while Cranmer
%f as in certain assurance of bis life, although
the same was fieuthfuUy promised to liimbythe
doctors; but after that they had their purpose,
the rest they committed to all adventure, as
became men of that religion to do. Tlie queen,
having now gotten a time to revenge her old
grief, receiT^ his Recantation very gladly : but
of her purpose to put him to death she would
nothing relent.
Now was Cranmer's cause in a miserable
takiiie, who neitlier inwardly had any quiet-
ness m his own conscience, nor yet outwardly
any help in his adversaries. Besidcui this, on
the one side was praise, on the other side
scorn, on both sides danger, so that neither he
oouid dio honestly, nor yet unhonestly live.
And whereas he sought profit, he fell into dou-
ble disprofit, that neither with good men he
oold avoid secret shame, nor yet with evil men
the note of dissimulation .
In the mean time, while these things were
aduing, as I said, in' the prison amongst the
doctors, the queen taking secret counsel, how
to dispatch Cranmer out of the way, who as
yet knew nothing of her secret hate, and look-
ed for nothing less than death, appointed Dr.
Cole, and secretly gave him in commandment,
that against the 31st of March, he sliould pre-
pare a Funeral Sermon for Craumcr's burning,
aud so instructing him orderly and diligently of
her will and pleasure in that behalf, sencieth
him away.
Soon after, the lord Williams of Tame, and
the lord Shandoys, sir Tho. Bridges, and sir
Jutffl Brown were sent for, with other wqr^iip-
ful men and justices, commanded in the queen's
Mme to be at Oxford at the same day, with
thar senrants and retinue, lest Cranmer's deatli
ibottkl raise there any tumult.
Cole the doctor having this lesbon given him
beAire, and charged by her commandment, re-
turned to Oxford, ready to play his part ; who
as tho day of execution drew near, even the
day before, came into the prison to Cranmer ;
to try whetbor he abode m the catholic faith
whelm before be bad left him. To whom,
mhm Ct^amuhMd answered, that by God's
ym» h« tPOMid dailj bt mort confirmed u» the
catholic faith ; Cole departing for that time,
the next day following repaired to the arch-
bishop again, giving no signification as yet of
his death that was prepared : and therefore in
the morning, which was tlie 21st day of March,
appointed for Cranmer's execution, the said
Cole coming to liim, asked if he had any
money. To whom when he answered that he
had none, he delivered him fifteen crowns to
give .the poor to whom he would : and so ex-
horting him so much as he could to constancy
in faith, departed thence about his business, as
to bis sermon appertained.
By this partly, aud other like arguments, the
Archbishop began more and more to sunui^e
wlmt they went about. Then because the day
was not far past, and the lords and knights
that were looked for were not yet come, there
came to him the Spanish friar, witness of his
Recantation, bringmg a paper with Articles,
which Craumer should openly profess in his
recantation before the people, earnestly de-
siring him that he would write the said instru-
ment with the articles with his own hand, and
sign it with his name: which when he had done,
the said friar desired tliat he would write ano-
ther copy thereof, which should remain with
him, and that he did also. But yet the arch-
bishop being not ignorant wbereunto Uieir
secret devices tended, and thinking that tlie
time was at hand in which he could no longer
dissemble the profession of his faith with Christ's
people, he put secretly in his bosom his prayer
with his exhortation, written in another pajier,
which he minded to recite to the people, before
he should make the last prulession of his faith,
fearing Icbt if they had heard the confession «if
his faith tirbt, they would not afterward liave
suft'ered him to exhort the people. *
Soon after about nine of tlie clock, the lord
Williams, sir Thomas Bridges, sir John Brown,
and the other justices, with certain other noble-
men, that were sent of the queen's council,
came to Oxford with a great train of waiting
men. Also of the other multitude on every
side (as is wont in such a matter) was made a
great concourse, and greater expectation. For
first of all, they that were of the pope's side
were in great hope that day to hear something
of Cranmer that should stablish the vanity of
their opinion : tlie other part, which were en-
dued with a better mind, could not yet doubt,
tlwt he which by continual study and labour
for so many years, had set forth the doctrine
of the gospel, eitlier would or could now in the
last act of his life forsake his part. Briefly, as
every man's will inclined, either to this part or
to tliat, so according to tlie diversity of tlieir
desires, every man wished and hoped for. And
yet because in an uncertain tiling the certainty
could be known of none what would be the
end ; all their minds were hanging between
hope and doubt. So that the grciater the ex-
pectation was in so doubtful a matter, the more
was the multitude, that w us gathered thither to
liear and behold.
In this so great frcquenc/ aud expectation,.
815] STATE TRIALS, 1 Mary, 155S.— Proceedings againu Archbishop Cranmer, [816
I*
Craiimer at the length comcth from Bocardo
prison unto St. Mary's Church, because it was
a foul and niiny day, the chief church in the
university, in this order. The mayor went
before, next him the aldcnnen in their place
and iicgree ; otter them was Cranmer brought
between two friars, which mumbling to and
fro certain psalms in the streets, answered one
another until they came to the churcii door,
and there they began the song of Simeon,
Iffinc dimit t is y and entering into tlie church,
the psalm-saying friars brought him to ilis stand-
ing, and there ie!t him. There was a stage set
over against the pulpit, of a mean height from
the ground, where Cranmer had his standing,
wuitmg until Cole made liim ready to his
&crmon.
The lamentable case and sight of that roan
gave a sorrowful spectacle to ail Christian eyes
that beheld him. lie thai late was Archbishop,
Metropoiitane, and Primate of England, mid
the kiug^s privy Chancellor, being now in a
bare and nigged gown, and ill favourably
cloatbed, with an old square cap, exposed to
the contempt of all men, did admonish men
not oidy of his own calamity, but also of their
state and fortune. For who would not pity his
case, and bewail his fortune, and might not
fear his own chance, to see such a prelate, so
grave a cuunsellor, and of so long continued
honour, after so many dignities, in his old
years to be deprived of liis esute, adjudged to
die, and in so painful a death to end his life,
and now presently from such fresh ornaments,
to descend to such vile and ragged apparel.
In this habit, when he had stood a good
space upon the stage, turning to a pillar near
adjoining thereunto, he lifted up his hands to
heaven, and prayed unto God once or twice,
till at tlie length Dr. Cole coming into the
pulpit, and beginning his Sermon, entered fii-st
into mention of Tobias and Zachaiiah. Whom
after he had praised in the beginning of bis
sermon for their perseverance in the true wor-
shipping of God, he then divided his whole ser-
mon into tJiree parts (according to the solemn
custom of the schools) intending to speak fir«»t
of the mercy of CJod : secondly, of his justice
to be sliewed : and last of all, how the princc*s
secrets are not to be opened. And proceed-
ing a little from the beginning, he took occa-
sion by and by to turn his tale to Cranmer.
and with many hot words reproved him, that
once he being indued with the savour and
ibeling of wholesome and cathohc doctrine, fell
into the contrary opinion of pernicious error;
which he had not only defended by writings,
and all his power, but also allured other men
to do tlic like, with great liberality of gifts, as
it were, appointing rewards for error: and
atlcr he had allured them by all means did
cherish them.
It were too long to repeat all things, that
in long order were prooonoctd. The sum of
his tripartite dacliuD*^^*" •*• •••^ ** '^'''
God's
that tei
acconling to the merits of offenders, lior yet
sometimes suffered the same altogether to go
uopuni:»hed, yea tboush they had repented. As
in David, who when he was bidden choose of
three kinds of punishments which he would,
and he had chosen pestilence for three days;
the Lord forgave him half the time, bnt did
not release all : and that the same thing cama
to pass in him also, to whom although pardon
ana reconciUation was due according to the
canons, seeing he repented him of his errors,
yet there were causes why the queen and the
council at this time judged him to death: of
which, lest he iJiould marvel too much, be
should hear some. ^'irst. that being a Traitor,
be had dissolved the lawful matrimony between
the king her father and mother ; besides the
driving out of the pope's authority, while be
was metropoUtan. Secondly, that he had been
mi Herctick, from whom as from an author
and only fountain all heretical doctrine and
schismatical opinions, that so many years have
prevailed in England, did first rise and spring ;
of which he bad not been a secret favourer
only, but also a most earnest defender ayen to
the end of his life, sowing them abroad by
writuigs and arguments, privately and openly,
not without great ruin and decay of the catho*
lie church. And further, it seemed meet, ac-
cording to the law of equably, that as the death
of the duke of Northumberland of late, made
even with Thomas More chancellor that died
for the church, so there should be one that
sliould make even with Fisher of Rochester ;
and because that Ridley, Hooper, Ferrar, were
not able to make even with that man, it
seemed that Cranmer should be joined to
them to fill up their part of equality. Besides
these there were other just and weighty causes,
which seemed to the queen and council, which
was not meet at that time to be opened to the
common people. Cv^l-Kxp'-*'
Afler this, turning his tale to the hearers,
he bade all men beware by this man's examplfi
tliat among men notliing is so high, that can
promise itself safety on the earth, and that
God*s vengeance is equally stretched agaiuftt
all men, and spareth none : therefore they
should beware and learn to fear their prince.
And seeing the queen's majesty would not
spare so notable a man as this, much less in
the like cause she would spare other men, that
no man should thijik to make thereby any de-
fence of his error, either in riches or any kind
of authority, they had now an example to teach
them all, by whose calamity every roan might
consider his own fortune ; who firom the top of
dignity, none being more honourable than bt
in the whole realm, and next the Li*^* was
fallen into so great misery, as they might now
see, being a man of so high degree, soroetine
one of the chiefest prelates in Uie church, and
an archbishop, the cliicf of thecoundl, the Snd
penon in the realm of long time, a man thoad^
Ml ireatatt assonmce, having « Idog om m
*t ootiri|hwa»ding all hh >i Aprifjf aed dt*
' k$ itim%i torn hii^mMm toatow
817]
STATE TRIALS, 1 Mary, I dSS.-^for Treason nnd Ileresj/.
[818
degree, of a counsellor to become a caititl^ and
to be set in so wrotclicd a stole, that the poor-
est wretch would not change condition with
him ; briefly so heaped with misery on all sides,
that neither was left in him any hope of better
fortune, nor place fi>r worse.
Thclatter part of his Sermon he converted
to the archbishop, wiiom he comforted and
encouraged to take his death well, by many
places of Scripture, as with these and suchlike;
bidding liim not to mistrust, hui he should in-
continently receive tliat the thief did, to whom
Christ said, Hodie mccum eiis in Parudiso^
That is, * This day thou shalt be with me in
Paradise :' and out of St. Paul he armed hiin
against the terror of the fire, by this, Dominis
fidelis est, n0n sinet vos tcntari ultra quamftrre
potestis. That is, « The Lord is faithful, which
B'ill not suffer you to be tempted above your
strength :' by the example of the three chil-
dren, to whom God made the flame to seem
like a pleasant dew, adding also the rejoicing
of St. Andrew in his cross, the patience of St.
Laurence on the fire, assuring liim, that God,
if he called on him, and to such as die in his
faith, either would abate the fury of the flame,
orgive him strength to abide it.
He glorified God much in his conversion, be-
cause It appeared to be only his work, declaring
what travel and conference had been with him
to convert him, and all prevailed not, till that
it pleased God of his mercy to reclaim liim,
and call him home. In discoursing of which
place, he uiucli commended Cranmcr, and
(}ualihed his former doings, thus tempering his
judgment and talk of him, that ail the time
(said he) he flowed in riches and honour, he
was unworthy of his life : and now that he
might not live, he was unworthy of death. But
lest he should carry with him no couifort, he
would diligently labour (he said) and also he
did promise in the name of all the priests that
were present, that immediately after his death
there should be dirges, masses, and funerals
executed for him in all the churches of Oxford
for the succour of his soul.
Cranmer in all this mean time, with what
great grief of mind he stood hearing this Ser-
//mon, the outward shews of his body and coun-
! ^ tenancc did better express, than any man can
; I declare; one while liftin<j; up his hands and
^\ eyes unto heavca, and then again for shame
letting them down to the earth. A man might
have seen the very image ami shape of perfect
sorrow lively in him expressed. More than 20
icneral times the tears gushed out abundantly,
dropping down marvelloui}ly from his fatherly
fcce. Tliey wliich were present, do testify that
they never saw in any child more tears, than
burst out from him at that timt\ all the scnnon
while; but especially when il'.cy recited his
ptmyer before the people. It is marvellous
what commiseration and pity moved all men's
hntti^ Uiat beheld so heavy a countenance,
tad lOch aboiidance of tears in an old man of
ip mwiMid dignity.
Colb^' after be md ended his Sermon, called
TIMUI.
back the people that were ready to depart, to
prayers. Brethren, said he, lest any man
should doubt of this man's earnest conversion
and repentance, you shall hear hitii speak be-
fore you, and therefore I pray you master
Cranmer, that you will now perform that, you
promised not long ago; namely, tiiat you would
openly express the true and undoubted pro-
fession of your faith, that you may take away
all suspicion from men, and that all men may
understand that you are a Cathol.c indeed. I
I will do it, said the Archbishop, and that with
I a good will ; who by and by rising up, and put-
ting off his cap, began to s^.eak thub unto the
people :
" 1 desire you, well beloved l>retliren in the
Lord, that you will pray to God for me, to for-
give me my sins, which above all men, both in
number nnd greatness, I have committed. But
among all the rest, there is one offence which
most of all at this time doth vex and trouble
me, whereof in process ofmy talk yon shall hear
more in his proper f)lace; and then putting his
hand into his bosom, he drew forth his Prayer,
which he recited to the people in thib sense :
The pRAi ER of Dr. Cranmer,
" Good Christian people, my dearly beloved
brethren and sisters in Christ, I*bcseech you
most heartily to pray for me to Almighty God, \( '*
that he will forgive me all my sins and olfences,
wliich be many, without number, and great
above measure. But yet one thing j;ricveth my
conscience more than all the rest, wliereof God
willing, 1 intend to speak more hereafter. But
how great and how many soever my sins be, I
beseech you to pray God of his mercy to par-
don and forgive them all."
And here kneeling down, he saitl :
" O Father of heaven, O Son of God, Re-
deemer of the world ; O lioly Ghost, three
persons and one God, have mercy upon me ^.
most wretched caitiiT and miserable sinuer. I
have otlendcd both against hc*aven and earth,
more than my tongue can express. Whither
then may I go, or whither shall I flee? To
heaven I'muy be ashamed to lift up mine eyes,
and in earth' I find no place of reiu^e or suc-
cour, lo thee, therefore, O Lord, do I run;
to thee do 1 humble myself, sayiiijr, O Ix)rd
my God, my sins be great, but yet have mercy
upon me for thy great mercy. The great mys-
tery that God became man, was not wrought
for little or few offences. Thou ditUt not jiiva
thy Son, O heavenly Father, unto death f(>rsjinaU
sins only, but for all the greatest sins of the
world, so that the sinner return to thee with
his whole heart, as I (\o here at this present.
Wherefore have merry on me O God, whose
property is always to have mercy, have mercy
upon me O Ix)rd, for thy great mercy. I crave
noihinz for mine own merits, but f')r thy name's
sake, that it may \ye hallowed thereby, and Dr
thy dear Son, Jesus Chrint's sake. And now
therefore, our Father of heaven, hallowed he
thy name, &c." — And then he risint:, said :
<• Every man, good people, desireth at tho
:5 G
r^
1
819] STATE TRIALS, I Maky, 1553.—
tinH" otliiM Heatli h) uivff sornenood ( \liort:ition
tiMt (ill eis 'iiav itfiiiLinKtT Die same before
their (Itarh, ai.il ))e tlio hetier theicbj: su I
bcset-cli Ciod i^raiit me ^rncr. tbal I luav speak
Boiiicihiiig at ibis my depaitliig, u hereby Oud
may l>e |i|«jriried, and y;»ii otJitied. — First, it i^
an hea\y case to st e ihar m) mtiny folk so mucli
' dote upon the love ut' litis ^lll^c world, and be
so careful tor it, that of tlie love of God, or the
world to come, tiiey m em to care very little or
nothing. Therefore this sliali be my first ex-
hortation, that you set not your minds over-
much upon tliin glozir.g world, ^ut upon God,
and upon tlic world to come ; and to learn to
know what this le«sSon meanelh, whicli St. John
teuclieth, ' that the love of this world is hatred
a^amst (jod.' — The secund exhortation is, that
next under God you ol'ey your king and queen
willingly and gladly, witlioui nmrmuring (jr
gnidgiiig ; not tor fe ir of them only, but much
. more for the fear of God ; knowin«r that they
J be God's minsters, appointed by God to rule
and govern you : and theietore whosoever re-
fisteth them, rrsisteth the ordinance of God. —
The thitd exhiMtation is, that you love al-
together like brethren and sifters. For alas,
pity it is to sec wlw^t cuutention and hatred
i»nr Christian man beareth to another, not
taking each other as brother and sijtr, but ra-
ther as strangers and mortal enemies. But 1
Iiray you learn and bear well away this one
esson. To do good unto all men, us much as in
you lieth, and to hurt no man, no more than
you would hurt your own natural loving brother
or sister. For ttiis you nuiy be sure of, that
who:)OCver hateth any person, and goeth about
maliciotislv to hinder or hurt him, surely, and
without a! I doubi God is not with that man,
althou^^h he think himself never so much in
God*s favour. — The fourth exhortation shall be
to till m that have great substance and riches
of litis world, that they will well consider and
weigh three sayings of the Scripture. One is
of our Saviour Chri>t himself, who saith, Luke
18. * It is hard tor a rich man to enter into
the kingdom of heaven.' A sore sayint:, and
yet spoken of him that knoweth the truth.
The second is of St. John, 1 John 3, whose
Baying is this, * He that liath the substance of
this world, and seeing his brother in neccs'^itv,
and ^hulteth up liis mercy from him, how c:uj
he say that he loveth God r* The third is of
Saint James, who spcaketh to llic covetous
rich man ailer this manner, < Weep you and
hotvl for the niisery that sIjuU come upon von :
your riche-» do lot, yourcloaths be moili-eatui,
your i;.>ld and bn\CT d«»th canker and rust, ami
tlicir i^i^r s'uiil liear ««iin«.bs Uizain.^t you, and
tou-iime you iilc lire: yon g;illii.T a Loard ar
iK.JSure of iiod\ in-'i-.'-^j-ioM a^innir the hibt
d:\\* Let tluni thai i e j :r:h }rondirue!l these
thi»f .^eniifnccs : for it' ihi'v i vcr had oc^'asiun
to shew their charity, they have it n«>w at thi>
present, the pmir |.eo| K- i)t*i'itf m> many, ai;!
victuals so dear. — And now f.ir as much as I
mm come to tht* hist end of my life, wi:ereupon
hangcth all my life past^ anid all my life to
Proceedings against Archbishop Cranmer, [820
come, cither to live with my master Christ for
ever in joy, 'ir else to be in pain for ever, with
wicktd devils in hell, 'and 1 see before mine
eyes presently either lieavcn ready to receive
me, and cKe liell ready t«) swallow me up : I
shall therefore drdare unto you my very faith
Imw I believe, \^ithoul any colour of dissimu-
lation : for now is no time to dissemble^ what-
doever I have said or written iu times past.
First, I believe in God the Father Almighty,
maker of heaven and earth, &c. And I beiie\'e
every article of the catholic faith, every word;
and sentence taught by our Saviour Jesus Christ,
his apostles and urophets, in the new and old
Testament. And now I come to the great
thing, that so much troublcth my conscieocei
more than any thing that ever I did or said in
my whole life, and that is the setting abroad of
a writing contrary to the truth; which now here
I renounce and refuse, as things written with
my hand, contrary to tlie truth which I tliought
in my heart, and written for fear of death, and
to Save my life if it miglit be, and that is, all
such bi!U and papers whi^i 1 have written ur
signed with my hand since my dcgradatiou ;
wherein I have written many things untrue.
And forasmuch as my hand oflfendcd, writing
contrajy to my heart, my liand shall first be
punisliCJl therefore : f -r may 1 come to the fire
it sliall lie first burned. — And as for the pope,
I refuse him, as Christ*s enemy and Antfclirist,
\^ith all his false doctrine. And as for the Sa-
crament, I Ijilieve as I have tau^^lil in my book
against the bishop of Winche.ster, tl'C which
my book teacherh so true a doctrine of the Sa-
cramtyit, that it shall stand at the la?t day be-
fore tiic judgment of Ciod, where the papis-
tical doctrine contrary thereto shall be a^hani-
ed to shew her face."
Here the slanders by were all astonished,
marvelled, were amazed, did look one upou
j another, whose expectation he had so notablv
{ deceived. Some began to admonish him of hb
I Recantation, and to accuse him of falshood.
Brieliy it ^\as a world to see tiie doctors be-
guiled of <o great an hope. I tiiink tliere was
never cruelty more notaidy or l>etter in lime
d; ludofl and deceived. For it is noc to be
doubted but they looked for a glorious victory
and a j^crpctual triumph by this man*s retracta-
tion. Who as soon as they heard these things,
began to let down their ears, to rage, fret, and
fume ; and so much the more, because they
could not revenge their grief; for they could
j now i^o longer threaten or hurt him. For
I the \u\ji\. mibcruble man in the world can
j die btic once : and whereas of necessity he
' inii^i needs die that day, though tiie Pa-
pi^t:i had l)ccn ne\cr so well pleaded : now
btino pfin' so much otiended Mith him, }et
coinii hi: not be twice killed of them. And 9>»
whtn 'Ir v comXA do nothing vUo. unto him. vet
lost they bliould say nothing, tiiey ceased iioC
to object unto him his Adshood and di«|imal«-
i lion. Unto uliicb accusation he anmmd.
Ah my masicrs (quoih he^ do not jroo.Ukffk
so. Always noce I lived hitbertob laan ^
.1
821]
STATE TRIALS, 1 Mart, 1
m. hater of falshood, and a lover of simplicity,
and utytr before this time hare I dissembled ;
and in saving this, all the tcarit that roinuined
in his body, appeared in hir^ eyes. And wheci
\ he began to speak more of the Sacrnincnt and
of the Papacy, some of them began t*) cry out,
yelp, and bawl, and specially Cole cried out
upon him : Stop the heretic's mouth and take
him away. — And then Cranmer bciiij; pulled
down from the stage was led to the fiie, accom-
panied with those friars, vexing, troubling, and
threatening him most cruelly. What madne$s
(say they) hath brought thee again into this
error, by which thou wilt dniw innumerable
Souls with thee into hell ? To u bom he an-
swered nothing, but directed all his talk to the
people, saving that to one troiit>r:ng him in the
way he spake, and exhorted him to get him
home to his study, and apply his book diligent-
ly, saying, if he did diligently call upon God,
by reading more He should get knowledge. But
the other Spanish barker, railing and t'o;:ming,
was almost out of his wits, always ha\ing this
in his mouth, Nonjcciiti i Digest thr)U it not ?
But when he came to the place where the holy
bbhops and martyrs of Gud, Hugh Latimer
and Ridley, were burnt before him for the con-
fession of the trutl), knecliitg down he prayed
to God, and not long tarryint; in Us prayers,
putting ofi* his garments to his shirt, he prepared
himself to death. His shirt was made long
down to liis feet. His feet were barr. Like-
wise his head, when both hit caps were off, was
50 bare, that one hair could not be seen upon
it. His beard was long and thick, covering
his face with marvellous uravity. Such a coun-
tenance of gravity moved (he hearts boih of
\his friends, and of his enemies.
• Then the Spanish rrinr- John and Richard,
of whom mention was made before, b»jr:Mi to
exhort him and play their parts wjih him, atVesh
hut with vain and lost lalxnir. Cranmer with
.stediast purpose abidini; in ihe proies^ion of hid
) doctrine, ga%'C his hand to ccrt.iiu old men, and
I other that stood by biddiui: li.em farewell. —
And when he had thon-iht to h;\\edone so like-
wise* to Ely, the said l-ly drev\ h-.ick his hand
and refused, saying, it was \vA 1 iw-fol to sulute
heretics, and specially sucli a one as falsely re-
turned unto the opinions that he had forsworn.
And if he had known befori> that he would
have dune so, he would ne\er have used his
company so familiarly, and chid thu.se ser<;eants
and citizens, which had not refusi*d to give him
their hands. This Ely w as a priest lately n):;de,
tod student in divinity, beinj; then one of the
fellowt of BraNen-no&e. Then was an iron
chain tied about Cranmer, whom when they
perceived to be more sterlfast than that he
could be moved from l.i!» sr ntenre, they com-
nanded the fire to be su unto him.
And when the wqod vvas kindU d, and the
^firc beean to bum near Uim, stretching out his
liraitt DC put his right hand into the flame,
IwUdl fat held lo stedfast and immoveable
vmbiK tliB| Mice with the same hand he wip( d
thiK «U men might see his hand
553 — far Treason and ILrcsy, [i>22
burned before his body was touched. His
body did so abide the burning of the tlame with i
such constancy and steadfastness, that standi ig '
always in one place without m'ovinv: his body,
he seemed to move no more than the stake to
which he was bound ; his eyes were lifted up
into heaven, and oftentimes he repeated his
unworthy right hand, so long as his voice would
suffer him ; and using often the words of Stephtn,
* Lord Jesus receive my spirit,' in the great ntss
of the flame he gave up the ghost.*
Tliis fortitude of mind, which perchance is
rare and not found among the Spaniards, when
friar John saw, he said it came not of fortitude,
bu£ of desperation, although such manner of
examples which are of the like con.aancy, have
been common here in Enghmd, ran to the lord
Williams of Tame, crying that the archbishop
was vexed in mind, and died in great despera-
tion. But he which was not ignorant of the
archbishop's constancy, being unknown to the
Spaniards, smiled only, and (as it were) by
silence rebuked the friar's foU^. And this was /
the end of this learned archbishop^ whom, lest ^ '
hy evil subscribing lie should have pcrislied,
by well recanting God preserved : and lest he
snoufd have Uved longer with shaine and re-
proof, it pleased God rather to take him away,
to the glory of his name and profit of his
church. So good was the Lord both to his
church in fortifying the same with the testi*>
mony and blood of such a martyr, and so good
also to the man with this cross of tribulation,
to purge his ofl'ejiccs in this world, not only of
his recantation, but also (»f his standing against
John Lambert and Mr. Allen, or if there were ^
any other, wiiu whose burning and blood his
hands had been bci'ore any thing pf-llnted.
i3ut oipeci.illy he had to rejoice, that dying in
such a cause he was lo be numbered an)onL;st
Christ's martyrs, much more worihv the nanje
of Saint Thimia> of Canterbury, iFian he whom
the pope falsely brfore did canOnise.
And thus have you the full Stoiy concerning
the Life and De.uh of this reverei'd archhibh-ip
and martyr of (iod, Thomas Cranmer, una
also of divert iViher the learned sort of ( hrist's
niartyr> burnt (I in qnecn Mary's time, of whom
this archbi'-h'ip was the last, being burnt abcmc
the very middle time of the reign of that queen,
and almost the vrty middle man of all the mar-
tyrs which were hnmcd in all her leign besides.
STow after the Life and Story oflh:s foiVsaid
archbishop di=c<»ursed, let u» adjoin uithaiiis
Ixttcrs, hejjlin:!i:i» first with his famoijs Lttter
to qnecn Al.iry, which he wrote onto h<ri«i-
continent after he was cited up to Home by
* On the same day that Cranmer endid h.is
life, (says bishop (iod -^iii) ('iirdinal Pile took
sacerdot.'l ordiT^ at (irec nwich ; and the ne\t
day, Naboth being dead, he possessed h:mM if
of his vineyard, being coitsecrated archhi>ii< p
of C-anterhury. T)»ree days afterwHriN, i^n
the feast of iinnnitciHtion, attended by uiar.y of
the nr)bdity to Bow rhu:ch, he reciixcJ tUo
pall with ^rc at pomp and cercuiony.
S23] STATE TRIAIJS, 1 Mauy, 1 553. -^Proceedings against Archbisliop Cranmer, [S24
bishop Brooks and his ftllows, the tenour of this realm the kingjin his coronation, and all
wliertrof iiere followeth. justices when tliey receive their oiiiccs, be
Letters or Dr. Iuomas C;«anmer, Akcu- **°r»' 7'* "" the «1.ole realm "bound to de>
BISHOP OF CAMEKHlilV. f*""* »"<! '"»""«'"•. B"t TT^^Ta'I
pope by liis authority maketh void, and coui-
niaiifleth u> blot out of our books, all laws and
customs being I opugiiant to his laws, and dc-
claretli accursed all rulers and governors, all the
makers, writers, and execut'ers of such laws or
customs; as il ajipcarcih by many of the pope's
laws, whcre<»f ono or two 1 shall rehearse. In
the decrees di»t. 10. is written thus, * Constilu-
tiones contra canoucs & dccreta prxsulum llo-
manoruni vel bonos mores, nullius sunt monu-
mcnii.' That is. The constitutions or statutes
enacted again>t the canons and decrees of the
bishops of Home or their good customs, are of
none effect. Also * extra, de sentcntia excom-
municationis, novcrit, excommuiiicanius omnes
hffircticos utriusque sexus, quocuiique nomine
censeantur, & fuuiores, & receptoies, & defcn-
sores eorum ; nee nou tc qui de ca;tero servari
feceriiit statuta edita 6c consueludines contra
ecclesia^ libertatem, ni^i ea de capitularibus suis
intra duos menses post hiijusniodi publicationem
stnieniia feccrint amovtri. Iteiii, excommu-
nicamus statularios, & scriptores statuturum ip-
sorum, nee non pot estates, consuies, reciores.
«St consiliarios locorum, ubi de ca*tera hujiismo-
di statuta & consuetudines c'dila* suerini \el
servaiif ; nee non & illor> (jui secundum ta pre-
sumpscrint judicare, vtl m p.uMicam forniam
scribere judicata/ That is to say, We excom-
municate all heretics <if both ^exes, what name
soever they be called by, and their fautor?, and
receptors, and delendurr* ; aud aUo them that
shall hereafter cause to be obsi rvcd the statute!
and C(l^Coms made again>t the libt-rty of the
church, «;\cej)t they cau^e the same to be put
out of their record-* and chapters within two
months after the publication thereof. AUo we
exconimunicate the statute maktrs and uritcrd
of those statures, and all the potentates, coubiiis,
governors and couii:itllors> of places, where such
statutes and customs shall be made or kept;
and also those that shall pvisunie to i^ivc piHg-
meiit accordini^ to them, or shall nolily lu pub-
lic form the matter so adjudged. — Now by these
laws, if the bishop of Itomt's authority which
lie chiuneth by Cod, be lawful, all vour grace'*
laws and customs of your re aim, bein*; contrary
to the pope's laws, be iiouiihl, and as well your
majesty, as your judges, j•l^tices, and all other
t»\e(utors of the same, stand accursed amongst
heretics, w hich God lorbid. An»l yet this curse
can never be o voided (if the pope have such
power as lie claimeth) until such limes as the
laws and customs of this realm, being ctontrary
to his laws, be taken away and blotted out of
the law books. And although there be many
laws of this realm contrary to the laws of Rome,
yet I nam6d but a few ; as to convict a clerk
before any temporal' judf^e of this realm fur
debt, felony, murder, or for any other crime;
which clerks by the popc*s laws \tc so exempt
from the kingVlaws, that they can be nowhere
sued but before their ordinary. — A1m> the pop«
To the Queen i Highness,
'' It may ple;isc your majesty to pardon my
presumption, that 1 dare be so bold to write to
your higliness. Bat very necessity constraincth
me, that your majesty may know my mind,
rather bv mine o^vn writinji than by other men's
reports. So it is that upon Wednesday, benig
the twelfth day of this month, I was cited to
appear at Rome the GOth day after, there to
make answer to such matters as should be
objected against me upon the behalf of the
king, and your most excellent majesty, which
matters the Thursday following were objected
ngiiinst me by Dr. Martin, and Dr. Story your
majesty's proctors before the bi^hop of Glou-
cesier, sitting in judgment by commission from
Rome. But (alas) it cannot but grie\e the
licart of a natural subject, to be accused of the
king and queeui of his own realm; and s}ieci-
ally before an out%%ard jiulge, or In* authority
coining from any person out of tiiis realm ;
where the king and (|uccii, as if they were sub-
jects within their own realm, shall complain,
nnd require justice at a stranger'a hands against
their own subject, being already condemned to
death by their own laws. As thouiih the kint^r
and queen could not do or have justice within
their own realms against their own subjects,
but they must seek it at strangers hands in a
strange land; the like whereof (I think) was
never seen. I wuuUl have* wished to have iiad
some meaner adversaries: and I think that
death shall not grieve me much more, than to
have my mo&t elread and most gracious sove-
reign lord and lady, to whom under Ciod I do
own all obe<lience, to be mine accusers in
juelument within their own realm, before any
stranger and outward power. But forasmuch as
in the time (»f the prince of most famous memory
king Henry 8th your grace'^ father, I was sworn
never to consent, that the bishop gf Rome should
have or exercise any authority or jurisdiction in
this realm of Kngland, therefore lest I should
aUow his authority contrary to mine oath, I re-
fused to make answer to the bishop of Glouce?ster
silting here in judgment by the pope's authe>-
rity, le>t 1 should run into perjury. — Another
cause why I refused the pope's authority is tl)i«>,
that his anthori.y, as he claimeth it, repugneth
to the crown iinjx rial of this realm, anel to ilic
laws of the sa!;,e-; which every true subject is
bound to defend. I'irst, for that the popesaith,
that all manner of power, as well temporal as
spiritual, is given iirst to him <if (^od ; atid that
the temporal power he glveth unto emperors
and kingh, to u^e il under hiin, but si) as it be
always at his commandment and beck. — But
contrary to this clain), the imperial crown and
jurisdiction temporal of this realm is taken im-
mediately fn)m God, to be usee! under him only,
and is subject unto nooc, but -to God alone.
Moreover, to the imperial laws and customs
STATE TRIALS, 1 Mary, 1553.— /ar Treason and Heresy.
[vS26
s laws may give all bishoprics and bene-
piritual ; which by the laws of this realm
t giveu but only by the king and other
IS of the same, except they foil into the
By the pope's lawsy jus patronatus shall
id only before the ecclesiastical judge;
r the laws of the realm it shall be sued
I the temporal judge. — And to be short,
ivs of this realm do agree with the pope's
ke fire and \%alcr. And yet the kings of
«lm have provided for their laws by the
inire ; so that if any man have let the
tion of the laws of this realm by any au-
f from the see of Rome, he falleth into
"itmunire. But to meet with this, the
have provided for their laws by cursing,
hosoever letteth the pope's laws to haxd
>arse within this realm, by the pope's
standeth accursed. So thai the pope's
trcadeth all the laws and customs of this
under his feet, cursing all that execDte
until such time as they do give place unto
ws. — But it may be said, that notwith-
Hg all the pope's decrees, yet we do exe-
till the laws and customs of this realm,
oot all quietly without interruption of the
And where we do execute them, yet
it unjustly, if the pope's power be of
and tor the same we stand cxcommuni-
md shall dp, until we leave the execution
own laws and customs. Thus we be well
riled to Rome, allowing such authority,
by the realm standeth accursed before
f the pope have any such authority. —
thin<;s, as I suppose, were not fully open-
:hc parliament-houae, when the pope's
•ity was received a<;;ain within this realm;
:hey had, I do not believe that either the
r queen's niajcsty, cr the nobles of this
, or the commons of tlie same would ever
:onsented to receive again such a foreign
rity, i»o injiiii )us, hurt Jul, and prejudicial
II to the crown, as to the laws and cus-
md slate of this realm, as whereby they
needs acknowledge themselves to be ac-
1. But none could open this matter
ut the clergy, and such of them as had
he pope's laws, whereby the pnpo had
himself as it were a god. These seek
intiiin the [)0|)e whom they desired to
heir chief head, to the intent they ini^ht
as It were a kingdom and laws within
elves, distinct from the laws of the crown,
rherewith the crown may not meddle ;
) being exempted from the laws of the
, might live in this realm like lords and
witlHjut damage or fear of any man, so
iiey please their higli and supreme head
)me. For this consideration, 1 ween,
that knew the truth, held their peace in the
ment, whereas if they had done their du-
) the crown and whole realm, thev should
opened their mouths, declared the truth,
:ieited the perils and dangers that might
to t^ crown and realm. — And if I
i agree to allow such aitthority within
nfaDi wlierebj I mutt needs confess, that
your most gracious highness,, and also yoor
realm should ever continue accursed, until yc
ehall cease from tlie execution of your own law»
and customs of your reidm; I could not think
myself true either to your highness, or to this
my natural country, knowing that I do know.
Ignorance, I know, may excuse other men ;
but he that knoweth how prejudicial and in^^
jurious the power and authority which he chal-
lengeth every where, is to the crown, laws, and
customs of this realm, and yet will allow the
same, I cannot see in any wise hdw he can
keep his due allegiance, fidelity, and tratH to
the crown and state of this realm. — Another
cause I alledged, why I could not allow the
authority of the pope, which is this ; that by
his authority he subverteth not only the laws
of this realm, but also the laws of God : so that
whosoe>'er be under his authority, he sufFereth
them not to be under Christ's religion purely,
as Christ did command. And for one example
I brought forth, that whereas by God'» laws all
Christian people be bounden diligently to learn
his word, that they may know how to believe
and live accordingly, for that purpose he or-
dained holidays, when they ought, leaving apart
all other business, to give themselves wholly to
know and serve God. Therefore God's will and
conmiandment is, that when the people be ga-
thered together, ministers should use such Ian-'
guage as the people may understand and take
profit thereby, or else hold their peace. For
as an harp or lute, if it give no certain sound
that men may know what is stricken, who can
dance after it f for all the sound is in vai^ §o
is it in vain, and profitcth nothing, saith Al«
mighty God by the mouth of saint Paul, if the
priest speak to the people in a language which
they know not; for else he may profit himself:
but profiteth not the people, saith saint Paul.
But herein f was* answered thus; that saint
Paul spake only of preaching, that the preacher
should preach m a tongue which the people did
know, or cUe his preaching availeth nothing;
but if the preachmg availeth nothing, being
spoken in a languitge* which the people under-
stand nor, how s ould any other service avail
them, heini: spoken in the same language ? And
yet that saint Paul meant not (mly of preach^
mi», it appeanth plainly by his own word. For
lie speaketliby name expressly of praying, sing-
ing, and thanking of God, and of all other
things which the priests say in the churches,
whercunto the people say anien; which they
use not in preaching, but in other divine ser-
vice : that whether the priests rehearse the
wonderful works of God, or the great benefits
of God unto mankind above all other creatures^
or i^ive thanks unto (rod, or make open pro-
fession of their faith, or humble confession of
their sins, with earnest request of mercy and
forgivene.ss, or make suit or rcfjucst unto God
for any thing; then all the people understand-
inj; what the priests say, might give their minds
and voices with them, and say amen, that is to
say, allow what the priests say, that the rehear-
sal of God's universal works and boncfitS| the
827 J STATE TllIALS, 1 Mary, IbSi.-^Proceedinga against ArcJtbisftcp Cranmer, [i2S
giving of llianks, the profession of faith, the
cont'eabiuri of sins, and the requests and peti-
tions (»f the priests and of the people might
ascend up into the oars of God altogetlter, and
he as u sweet savour, odour, and incense in his
nosO ; and thus was it uacd ninny liundrcd
jears after Chiisf s ascension. But tlie afore-
said tilings cannot he done when the priests
speak to tiie people in a lan{;uai;c not known,
and so they, or ilieir clerk in their name, say
Amen, but liiey cannot tell whcicunio. Whereas
saint Paul suiih, How cun the people say Amen
to thy well saying, when they understand not
what thou saye>t? And thus was saint Paul
uuder:>too(l of all interprticrs. both the Greeks
and I.atin<«, old 'and new, bchuoi aurhors and
other ihut I Imvc read, until above thirty years
pu»t. At which time one Kckius with other of
his sort began (u devise a new exposition, un-
der»taiiding JSt. Paul of pieathing only. — But
when a good uund^er of the htbt learned men
reputed within this realm, some favouring the
old, S()ii\e tiie new learning, as they term it,
(where indeed ihat which they call the old, is
the new, and that which they call the new, is
indeed the olu) but when a great number of
such Utarned men of both M)rts, were gathered
to|;Ctl.er at Windbor, for the reformation of
the service of the church; it was agreed by
both, without controversy, not one tayini; con-
trary, that the service of the cimich ought to be
in the mother tongue, and that >uint Paul in
the fouitecnch chapter to the Corinthians was
so to be understood. And so is saint Paul to
be Understood in the ciiil law, more than a
thousand years p:ist, where Justinian us, a most
godly emperor in a synod writeth on this man-
lier : ' Jubemus ut omnes I'pivcopi pariter iN:
prc>bytcri nun tacito modo, s>ed clara voce,
qu*;.' a hdeli populo exaudiaiur, sacrain ftblutio-
iiem \' preces in sacro I>;tptismate adhihitas
ctltbrenr, quo mujuri exindc dcvotlone in dc*
proniei.di> Domini Dei luudibus audientium
unimi atli-iaiitur. Ita enim & Diviis i'aulus
doci:t in Kpi:>tolii ad Corinth. Si solummodo
bene. lie ut ^piritus, quoniodois qui privati locum
tcne'. ; dicet ad gratiarum actionem tuam,
Ameii r quaudoquidem quid dicas non virlet.
Tu ({uidem pulchre grutiaa agis, alter aulem non
ffditiratur.' 'Ihat is to say, We command that
all I. i^ hops and priests celebrate tlie holy ob-
lation and prayei*s used in holy baptism, not
aficr a still close manner, but with a clear luud
voice, that they may be plainly heard of the
fauhful people, so as the hearers minds may be
lifted up thereby with the greater devotion, in
utterint; the praJM's of the I-ord (Jod. F«ir io
Paul leachttn aUo in the Kpistle to the C oriii-
thians, .* If the spirit do only bl«:s>, or say wdl,
how shall he that occnpicth the place of a
private pcr?on, s.iv, Aiuin, ti> thy thanks-
givins* ? tor I.e perceiveth not what thou sayist.
U'hou doest give thanks well, but the other is
not edified.* And not only the civil law, and
all other writers a thousand ai|d five hundred
years continually together have expounded
taint Paul not uf preaching, ouiy, but of other
service said in the church : but also reason giv.
eth the same,^tliat if men be commanded to
hear any thing, it must be spoken in a language
wliich the hearers understand, or else, as saint
Paul !»aith, what availeth it to licar.^ So that
tlie pope giving a contrary cominandmcnt, tliat
the people coming to tlie church shall hear
they wot not what, and shall answer they know
not whereto, takcth upon him to command,
not only against reason, but also directly against
God. — And again I said, whereas our Saviour
Christ ordained the sacrament of his most Lire-
cious body and blood to be received ot all
Christian pef)ple under the forms of bread and
wine, and said of the cup, * Drink ye all of this:*
the pope giveth a clean contrary cominandmeiir,
that no lay man shall drink of the cup of ibt-ir
salvation; as though the cup of salvation by
the blood of Christ pertained not to lay mt-n.
And whereas Tlicophihis Alexandrinus, who!>e
works saint llierome did translate about ele-
ven hundred years past, saith, * That if Cluibt
had been crucified for the devils, his cup !>hould
not be denied them/ yet tlie pope denieih tlic
cup of Christ to Christian people, for nbom
Christ was crucilied. 80 that if 1 should
obey the pope in these things, I must needs
disobey my Saviour Christ.-^ But I was an-
swered herounio, a> commonly the papists
do answer, that under the form of bread is
whoU' Christ*b tlebh and blood : so that whu-
suevtr receiveth the form of bread, recei^etb
as well Christ's blood as his tlesh. Let it
be so, yet in the form of bread only, Chribl'i
blood is not drunk, but eaten; nor is it re-
ceived in the cup in the fonnof wine, as Christ
commanded, but eaten with the ilesh under tbe
form (;f bread. And moreover, the bread »
not ti c sacrament of his blood, but of his (Icsb
only : u )r is the cup the sacrament of his fle»b)
but of iiis blood only. And so the pope kerp-
eth from all lay periioui*, the sacrament of tlteir
redemption by Christ'b blood, wliich Christ
conimandeth to be given unto iLcm. — ^And fur-
thermore, Christ ordained the sacrament io
two kinds, the one separated from the other^to
be a representation of his death, where bis
blood waA sctparatcd from his tlesh, which is not
represented in one kind alone : So tliat tbe
lay people receive not the whole sacrament
whereby Clu-ist's death is represented as be
commanded. — Moreover, as the ])ope taketh
upon lihn to give the temporal sword, by rojal
and imperial power, to kings and jirincc^: ^i)
doth lie lil:ewi;?e take upon him to depose ibitn
from their imperial ^)tates, if ti.ey be disoLi'tli'
ent to him,, and commundcth the suhjlx't^ (u
disobey ihoir princes, ak«oylinj{ the siibject» 'JS
' well of their obedience, as of their lawlul oatU
made unto their tiue kin^^ and princes, dirt'Ct-
ly contrary to (iod's connnandmciit, who cciU'
mandeth all subjects to obey their kingN ot
their rulers under them. — (hie John, patriariili
of Constantinople, in (he time of St. Grc^^ry
claimed superiority above all utLcr bi^b<'p5•
To wh'Jin .St. Gregory writeth, that therciube
did injury to his three bietiireu, which acrt
STATiE TRIALS, l Mary, 155S.-/or Treason and Hdreiif.
[850
h him, that is to sny, the bibhop of
le bisbop of Alexandria, and of Anti<
ivhich three were patriarchal sees, as
Constantinople, and were bretliren
mother. But, saith St. Gregory, if
shall exalt himself above all the rest,
I universid bishop, the same passcth in
3ut now the bishop of Rome exalteth
ot only above all kings and emperors,
:e all the whole world, but takes upon
ve and take away, to set up and pull
he shall think good. And as the
ing no such authority, yet took upon
re unto Christ all the kingdoms of the
he would fall down and worship him :
anner the pope taketh upon nim to
ires and kingdoms being none of his^
s will fall down and worship him^ and
feet. — And moreover, his layers and
• flatter him, that they fain he may
1 emperors and kings to hold his stir-
. he lightcth upon his horse, and to be
icn : and that, if any emperor and
him any tiling, they give him nothing
is bis own, atid that he may dispense
rod's word, against Ijoth the old and
ament, against St. PauFs epistles, and
le gospel. And furthermore wliatso-
oth, altiiough he draw innumerable
i heaps with himself into bell, yet may
1 man reprove hini, because he being
all men, may be judged of no man.
> he siitcth in the temple of (^od, as if
I god, and nameth himself God's vi-
yct ht; dispcnseth against God. If
ot to plav Antichrist's part, I cannot
is Antichrist, which is no more to say,
•^t':* ciuiny and aHvcr^ary ; who shull
e temple oi God, advancing himself
1 other, yet by hypocrisy and feigni'd
shall subvert tlic true religion of
and under pi'ctcnce and colour of
I religiun shall work against Christ,
refore hath the name of Antichrist.
any man lift himself hi(;her than the
h done, who lifteth iiiuiself abo\c all
Id ; or can be more :idversary to
ban to dispense against God's laws,
re Christ hath given any conmiand-
command directly the c<H)trary, that
it needs be taken for Antichrist. But
time that such a persjonniny be found,
f easily conjecture where to f\\\d An-
—Wherefore, seeing th.e pope thns to
w both God's laws and man's laws,
pon him to make emperors and kings
ssals and subjects unto hiai, especially
n of this fealm, with the laws and cus-
the same ; I see no mean how 1 may
to admit his usurped power within
n, contrary to mine oaih, mine obedi-
GikI's law, mine allegiance and duty
majesty, and my love and atfc ction to
m* — ^This that I have spoken against
er aiid autliority of the pope, I have not
I take God to record and judge, for
ice I owe to the pope's person, whom
I know not, but I shall pray to' God to give
him grace, that he may seek above all things
to promote God's honour and glory, and not
to follow the trade of his predecessors in these
latter days. — Nor have I spokeu it for fear of
punishment, and to avoid the same, thinking it
rather an occasion to aggravate than to dimi-
nish my trouble ; but I have spoken it for my
most bounden duty to the crown, liberties, laws,
and customs of this realm of England, but
most specially to discharge my conscience in
uttering the truth to God's glory, casting awaj
all fear by the comfort which I have in Christ,
who faith ; * Fear not th«m that kill the body,
and cannot kill the soul, but fear him that can
cast both body and soul into bell fire.' He that
for fear to lose thb life will forsake the. truth,,
shall lose the everlasting life : And he that for
the truth's sake will spend* his life, shall find
everlasting life. And Christ promiseth to
stand fast with them before his Father, which
will stand fast with him here. Which com-
fort is so great, that whosoever hath his eyes
fixed upon Christ, cannot greatly pass on this
Ufe, knowing that he may be sure to have
Christ stand oy him in the presence of his Fa-
ther in heaven. — And as touching the sacra-
ment, I said ; Forasmuch as the whole matter
standeth in the understanding of these wonis
of Christ : * lliis is my bt>dy; this is my blood.*
I said that Christ in these words made demon-
stration of the bread and wine, and spake figu-
ratively, calling bread his body, and wine nis
blood, bccauselie ordained them to be sacra-
ments of his body and blood. And where the
papists say in those two points contrary unto
me, that Christ called not bread his body, but
a substance uncertain, nor spake figuratively :
herein I said I would be judged by the old
Church, and which doctrine could be proved
the elder, that I would stand unto. And for-
asnmrh as I have alleged in my book many old
authors, both Greeks and Latins, which above a
thousand years after Christ continually taught
as I do; if they could bring forth but one old
author, that saith in these two points as they
say, I offered six or seven years ago, and do offer
yet still, that I will give place unto them. — But
when I bring forth any author that saith in most
plain terms as I do, yet saith the other part,
that the authors meant not so; as who should
s:iy, that tlio authors spake one thing, and
meant clean contrary. And upon the other
part, when they cannot 6nd any one. author, that
saith in words as they say ; yet say they, that
the authors meant as they say. Now, whether
1 or they speak more to the purpose herein, I
refer me to the judgment of all inditferent
hearers ; yea thc-old church of Rome, above a
thousand years together, neither believed nor
used the Sacrament, as the church of Rome
hath done of late years. — For in the beginning,
the church of Rome taught a pure and a sound
doctrine of the Sacrament. But after that tlie
church of Rome fell into a iicw doctrine of
transubstantiation ; with the doctrine the^
changed the use of the Sacrament contrary to
831] STATE TRIALS, 1 Mary, 155^.— Proceedings c^ahm Archhistu>p Crannw, [832
that Christ coininnnded, and the old church of
Rome used above a thousand years. And yet to
deface the old, they say that the new is tlic old ;
wherein for my ipavt I am content to ^tand to
the* trial. But tiieir doctrine is so fond and
uncomfortable, that I marvel that any man
would allow it, it he knew what it is. But
howsoever they bear the people in hand, that
which they write in their books, hath neither
truth nor comfort. — For by their doctrine, of
one body of Christ is made two bodies; one
natural, having distance of members, with form
and proportion of man's perfect body, and this
body is ip heaven; but tlie body of Christ in
the Sacrament, by tlieir own doctrine, must
needs be a monstrous body, having neither dis-
tance of members, nor form, fashion or propor-
tion of a man's natural body. And such a
body is in the Sacrament, teach tlicy, and
gqeth into the mouth with the form of bread,
and cntereth no further than the form of bread
gocth, nor tarricth no longer than the form of
bread is by natural heat in digesting. So that
when the fonu of bread is digested, that body
of Christ is gone. And forasmuch as evil men
be as long in digesting; as good men, the body
of Christ, by their doctrine, entereth as far, and
tarrieth as long in wicked men as in godly
men. And what comfort can be herein to any
Christian man, to receive Christ*s unshapen
body, and it to enter no further than the sto-
mach, and to depart by and by as soon as the
bread is consumed ? — It seeroeth to me a more
sound and comfortable doctrine, that Christ
bath but one body, and that hath form and
fashion of a man*s true body ; which body spi-
ritually entereth into the whole man, body and
solil : and thou«;li the Sacrament be consuuicd,
ytt whole Christ reniainetli, and feedcth the
receiver unto eternal life, if he continue in god-
liness, and never dcpartelh until the receiver
forsake him. And as for the wicked, they
have not Christ within iheni at all, who cannot
be where Belial is. And this is my faith, and,
as me secmeth, a sound doctrine, according to
God's word, and sutticient for a Christian to be-
lieve in that matter. And if it can be shewed
unto me, that the pope's authority is not pre-
judicial to the things before mL'^tionc^dy or that
my doctrine in the Sacrament is erroneous,
which I tiiiuk cunnot he shewed, tlicn I never
was nor will be so per\'erse to stand wilfully in
niine own opinion, but I shall with all humility
submit myself unto the pope, not only to kiss
his feet, but another part also. — Another cause
why I refused to take the bishop of Gloucester
for my judfijc, was the respect of his own per-
son, being more than once perjured. I'irst,
for that he bcins» divers times sworn never to
consent that the hish.op of Rome should have
any jurisdictirm %vithin this realm, but to take
the king and his successors for supreme heads
uf tliis realm, as by God's laws they be : con-
trary to that lawful oath the said bishop sat
then in iudgmeut by authority from Roiuey
wherein he was perjured^ and not worUiy to
ait at a judge.— The teoood po^r*- *-«^ »>««t
he took his bishopric both of the quecn*s ma-
jesty and of the pope, making to each of them
a solemn oath ; which oaths be so cuntrarv,
that the one must needs be perjured. Ami
furthermore in swearing to the pope to main-
tain his laws, decrees, constitutions, ordinances,
reservations, and provisions, he declarcth him-
self an enemy to the imperial crown, and to
the laws and state of this realm, whereby be
declarcth himself not worthy to sit as a judge
within this realm. And for these considera-
tions 1 refused to take him for my judge."
Thii was written in another Letter to the
Queen.
" I LEARNED by doctor Martin, that at the
day of your majesty's coronation, you took an
oath of obedincnce to the pope of Rome, and
the same time you took another oath to tliis
realm, to maintain the laws, liberties, and ctis-
toms of the same. And if yoor qnajesty did
make an oath to the pope, I think it was ac-
cording to the other oaths which he aseth to
minister to princes ; which is, to be obedient
to him, to defend his person, to maintain Lis
authority, honour, laws, lands and privileges.
And if it be so, which I know not but by re-
port, then I beseech your majesty to look upon
your oath made to the crown and realm, aud <
to expend and weigh the two oaths together,
to see how they do agree, and then do as your
grace's conscience shall give you : For f am
surely persuaded, that willingly your majcstj
will not offend, nor do against your conscience
for any thing. — but I fear me that there be cf>D-
tradictions in your oaths, and that those which
should have informed your grace thoroughir,
did not their duties therein. And ifyourma-
jesty ponder the two oaths diligently, I think
you shall perceive you were deceived ; and then
your highness may use the matter as Ood !>htll
put in your heart. Furthermore, I ani kept
here from company of learned men, from books
from counsel, from pen and ink, saving at tti'.s
time to write unto your niajcsiy, which all were
necessary for a man being ni my rase. Where-
fore I best^ecli your maji'sty, that I may have
such of those as may stand with your majt>lv'$
pleasure. And as for my appearance at Kjiue,
if your majesty will give mc leave, I will appt-ar
there. And I truA that God shall put in ni;
mouth to defend his truth there, as well as
here. But 1 refer it wholly to your ra:«jf5l}'> f
pleasure."
Another Letter of the Archbishop to Dr, Mar-
tin and Dr, Story.
"I n.vvr nie commended unto you. And
as I pn>mised, 1 have sent my letters unto the
quceu'-s majesty unsigned, i^ravint: you to vsJ^
them, and deUvcr them with aft speed. I loi^^
have sent them by the carrier sooner, bat not
surer. But hearing master bailiff say, that he
would go to the court on Friday, I thought him ^4
a meet messenger to send mj letters by. For
better ii later and surer, than sooner, and new
to be ddiverad. Yet^oe tlung I ham written
S33]
STATE TRIALS, I Mary, 1533.-/i^r Treason and Heresy.
[834
to the queen's majesty inclosed and sealed ;
which I require you may be so delivered with-
out delay, and not be upened until it be deli-
vered unto her grace's own hands. I have
written all that I remember I said, except that
which I spake against the bishop of G!(jnccs-
ter's own person, which I thought not jnect to
write. And in some places I have written
more than I said, which I would have answered
to the bishop if you would have suffered me.
You promised 1 should sec mine aiis'Aers to
the sixteen Articles, that I might correct,
amend, and change them where I thought goodj
which your promise you kej)t not. And niine
answer was not made upon my oath, nor re-
peated, nor made in Judicip, but exlru Judi-
cium, as I protested ; nor to tlie bishop of
Gloucester as judge, Imt to you the king*s and
queen's proctors. I trust you deal sincerely
with me without fraud or craft, and use nie as
you would wish to be in like case yourselves.
Remember, that Qua mensura mensi futriiis,
tadrm rcmetktur vohiSj i. What measure you
mete, the same shall be measured to you again.
Thus fare you well, and God scud you his sjjiril
to induce you into truth.*'
Ye lieara before how the archbishop Dr. Cran-
mcr in the month of Fd)ruary was cited up to
Rome, and in the month of March next follow^
ing was degrnde(l by the bishop of Ely and
bisliop Bonner. In time of which his degrada-
tion ne put up his Appellation. In this his
Appellation, because he needed the help of
Slime good and godly lawyer, he writcth to a
certain friend of his about the same : the copy
of which letter in Latin is before: expressed in
the old book of Acts, there to be read, page
1492. The £nghsh of the same I tliought good
here to insert, as under cnsutth :
A Letter of Dr. Crantner, Archbishop, to a
Lawyer for I he drazilng out of' his Ai»peal.
"The law of nature requircth of all men,
that so far forth as it may be done without
oftcnoe to God, every one should seek to
defend and preserve his own life.- Which
thing, when I about three days ago bethought
Byseif of, and therewithal remembered how
tliat Martin Luther appealed in his time from
pope Leo llie lOtli, to agetieral council, lest I
•faould seem rashly and unadvisedly to cast
sway myself, I determined to appeal in like
sort to some lawful and free general council.
But seeing the order and form of an appeal per-
teineth to the lawyers, wliereof I myself am
ignorant, and seeing that Luther's appeal comet h
not to my hand, I purposed to break iriy mind
in thb matter to some faithful friend and skil*
ibl in the law, whose help £ migltt use in this
behalf, and you only among other came to my
reoiembranca as a man most meet in this uni-
versity for my purpose. But this is a matter
that reatureth great silence, so that no man
know or Jt before it be done. It is so that I
am summoned to make mine answer at Rome,
the 16th day of this month ; before the wliich
day I think it good^ after senieuct^ pronounced,
VOL. 1.
to make mhie Appeal. But whether I should
first appeal from the judge delegate to the pope,
and so afterward to the general council, or else
leaving the pope, I should appeal immediately
to the council, herein I stand in need of your
counsel. — Many causes there he for the which
I think good to appeal. First, because I am
by an oath bound never to consent to the re-
ceiving of the biihop of ilome*s aiitln)rity into
this realm. Besides this, whereas I utterly re-
fused to make answer to the articles objected
unto mc by the bishop of Gloucester, appointed
by the pope to be my judge, yet I was content
10 answer Martin and Jstory, with this protesta-
tion, that mine answer should not be taken as
made beihre a judge, nor yet in plage of judg-
ment, but as pertaining nothing to judgment at
all ; and moreover, after I had made mine
answer, I required to ha\c a copy of the same,
that. I might either by udiling thereunto, or by
altering or taking from it, correct and amend it
;is I thought good. Tiie which though both
the bishop of Gloucester, and also tlic king
and queen's proctors promised me, yet have
they altogether broken promise with me, and
have not permitted me to correct my said
' answers, according to my rcquc*st, and yet not- '
withstanding liave, as 1 understand, remctered
the same as acts formally done in place of
judgment — Finally, forasmuch as all this my
trouble comCth upon my departing from the
bish'op of Rome, and from the popish religion,
so that now the qu.irrel is betwixt tiie pope him-
self and me, and no man can be a lawful and
indifTercnt judge in. his own cause, it seemcth,
mcthinks, good reason, that I should be suf-
fered to appear to some general council in this
matter ; specially seeing the law of nature, as
they say, deiiieth no man the remedy of appeal
in such cases. — Now, since it is \ery requisite
that this matter should be kept as close us may
be, if perhaps for lack of uerfc ct skill herein
you shall have need of further advice ; then I
beseech you even for the fidelity and love you^
bear to me in Christ, that you will open to no
creature alive whose the case is. And foras-
much as the time is now at hand, and Uic mat-
ter requircth great expedition, let nie obtain
thus much of you, I beseech you, iliar luying
aside all other your studies and business i'or the
time, you will apply this my matter (Uily, till
you have brought it to pass. The cliiefest
cause in very deed, to tell you the truth, of this
mine appeal is, that I mii:ht gain tioie, if it
shall 'so please God, to live until I have linished
mine answer against Marcus Antonius Constan-
tius, which I have now in hand. But if the
adversaries of the truth ^^iU not admit mine
appeal, as I fear they will not, God's will be
done ; I pass not upon ir, so that God may
therein be glorified, be it by my life, or by my
death. For it is much better for me to die in
Chribt*s quarri.'l and to reign with him, than
here to be shut up, and kept in tiic prison of
this body, utdess it were to continue yet still
awhile in this warfare, for the commodity and
profit of my brethren, aud to the tattlkt N»k-
«35] STATE TRIALS, 1 Mary, ^ 55$. -^Proceedings against AvdUnshop Cranmer, [8S5
vanciiig of God's glory. To whom be all glory ! yourself from the malice of yours and Goiff
for evermore, Ameii. — ^I'liere is also yet ano- enemies, into some place were God is most
ther cause why I thiuk good to appeal, that ! purely served, which is no 8landehn| of the
whereas I am cited to go to Rome to answer : truth, but a presenting of yourself to God, and
there for myself, I am uotwithstanding kept \ the truth, and to the society and comfort of
here fast in prison, that I cannot there appear Christ's little flock. And that you will do, do
pris(
at the time appointed. And moreover, foras-
much as the state I stand in is a matter of life
nnd death, so that I have great need of learned
.council for my defence in this behalf; yet when
I niiidc mv earnest reciuest for the same, all
•manner of* counsel and help of proctors, advo-
cates and lawyers was utterly denied nie. Your
loving friend, Tuo. Craxmer."
Another Letter of Dr. Cranmer, Archhishopf to
Mrs. Wilkinson, exhorting her to Jli/ in the
time of' Persecution,
" The true comforter in all distress is only
•God, througli his son Jesus Christ; and who-
soever hath 4iim, hath company enough al-
it with speed, lest by your own folly you fall
into the persecutors liauds. And the Lord send
his holy spirit to lead and guide you whereso-
ever you go, and all tliat be godly will say,
Amen."
Unto these former Letters of Dr. Cranmer
archbisliop, written by him unto others, it
secmeth to me not much out of place to annex
withal a certain Letter also of Dr. Taylor,
written to him and his fellow-prisoners: the
tenor of which letter here followeth :
" To mv dear fathers, and brethren. Dr.
Cranmer, br. Ridley, and Dr. Latimer, pri-
soners in Oxford, for the faithful testimony of
God's holy word. Right reverend fidtbers in
though he were in a wilderness all alone : and i the Lord, I wishyou to enjoy continually God's
he that hath twenty thousand in his company,
if God be absent, is in a miserable wilderness
-and desolation. In him is all comfort, and
without him is none. AVherefore 1 beseech
you seek your dwelling there whereas you may
truly and rightly ser^'C God, and dwell in liim,
and have him ever dwelling in you. What can
be so heavy a burden as an unquiet conscience,
to be in such a place as a man cannot be suf-
fered to serve Gad in Christ's religion ? If you
be loath to depart from your kin and friends,
remember that Christ calleth them his mother,
sisters and brothers, tliat do his Father's will.
Where we find therefore God truly honoured
according to his will, there we can lack neither
friend nor kin. — If you be loath to depart for
the slandering of God's word, remember that
Christ, when his hour was not yet come, de-
parted out of his country unto Samaria, to avoid
tlie malice of the Scribes and Pharisees ; and
commanded his apostles that if they were pur-
Sued in one place, they should fly to anotner.
And was not Paul let down by a basket out at
a window, to avoid the persecution of Arctas ?
And what wisdom and policy he used fnnn time
to time to escape the malice of his enemies,
the Acts of the apostles do declare. And after
the same sort did tite other apostles ; albeit,
when it came to such a point, that they could
no longer escape danger of the persecutors of
God's true religion, then they slicwed them-
selves, that they flying before came not of fear,
but of godly wisdom to do more ^ood ; and
that they would not rashly without urgent ne-
cessity ufler themselves to death, wliich had
been but a temptation of God. Yea, when
they were appreliended, and could no longer
avoid, then tlicy stood boldly to the profession
of Christ ; then rhey shewed how little they
passed of death : how much they feared God
more than men, how much they loved and pre-
/erred the eternal life to come above this snort
and miserable life. Wherefore I exhort you as
.well by Christ's commandment, ns by the ex-
jWDpli 0f ium and bis apostieS| to withdraw
grace and peace through Jesus Christ; and
God be praised ag;ain for this your most excel-
lent promotion which ye are called unto at this
present, that is, that ye are counted worthY
to be allowed amongst the number of Christ s
records and witnesses. England hath had bat
a few learned bishops, that would stick to
Christ ad ignem iticiusive. Once again I thank
God heartily in Christ for your most happy on-
set, most valiant proceeding, most constant
suffering of all such infamies, hissings, clap-
pings, taunts, open rebukes, loss of living and
liberty, for the defence of God's cause, truth,
and glory. I cannot utter with pen how I rejoice
in my heart for you three such captains in tlic
foreward under Christ's cross, banner, or stand-
ard in such a cause and skirmish, when not only
one or two of our dear Redeemer's strong holtU
are besieged, but alibis chief castles ordained
for our safeguard, are traitorously impugned.
This your enterprise in the sight of all tliat be
in heaven, and of all God's people in earth, if
most pleasartt to behold. This is another man-
ner of nobility, than to be in the fore front in
worldly warfares. For God'j» sake pray for us,
for we fail not daily to pray for you. We are
stronger and stronger in the Iy)rd, his name be
praised, and we doubt not but ye be so in
Christ's own sweet school. Heaven is all and
wholly of our side ; therefore Gaudete in Do-
mino semper, Sf itcrmn gaudete if crultate, t.
Rejoice always in the Lord : and again, rejoice
and be glad. Your assured in Christ, Rowland
Taylor."
De Tho, CranmcriArchiepiscopi qui carcere de^
timcbulur palinodia.
Te Cranmcre, gravis snntcm prope feccrat error ;
Sed revocas lubricos ad meliora pedes.
To docuit lapsus magis ut vestigia firmes^
At(|ue magis Christo consoci^rc tuo :
Utquc tua; meliuii. studeas hasrescere caass;
Sic mala non rare causa fuere booi.
Et bene succestit ; nam ficta & adulteim tmte
lUudensaliis, liiditur arte pari.
as?]
STATE TRIALS, 1 Mary, \55^.-^for Treason and Htresy.
[S38
Nempt pla sic est frustratus fraude papismus ;
£t cessit summo gloria tota Deq.
In mortem D, Cranmeri Cant, ArchiepUcopL
lolbrtaiiati est foelix, qui numine laeso
Cujosris gaudet commoditate boni.
Infielix ille est vero fceliciter, orbi
loTisus quisquis tristla fate subit
Hoc Oanmere probas, vitae pra^sentis amore
Dum qiueris sanctam dissimulare 6deai :
Et dum consiliis tandem melioribus usus,
(raeponis vitte fuocra saeva tua;.
A Commission tent from the Pope, with the
Sentence definitive toproceed against the
reverend Archbishop of Cantcrintrif, Thomas
Cranmer.
^ Paulus Episcopus servus servoruin Dei
cliarissimo in Christo filio Philippo Regi, &
charbsimae in Christo iiliue Maris Reginae An-
gliae, Francise, illustribus ac vcnerabilibus fra-
tribus Londioeusi & Eliensi Episcnpis snlutem,
& apostolicam benedictionein. Dudum per
litems vestras charissimc fill Philippe Rex, &
Cluistiana filia Maria Regina nobis signiBcatur,
quod iuiquitatis filius Thomas Cranmerus, olim
Arcbiepiscopus Cantuariens. in hxreses aliaq.
tam grandia & enormia crimina erat prolapsus,
quod no D solum regimine ecclesis Cantuarien-
•is se reddiderat indignum, verum etiam maiori
poeme se fecerat obnoxiura. Nos de prxmissis
certam notitiam non habentes, 6i tanta crimiua
si fera assent, impunita, ecclesiamq. ipsam sine
pastors idonco derelinquere nolentes, dilecto
filio nottro Jacobo, tituli Sanctae Miu-ise in via,
tunc sancti Simeoois, presbytero cardinnli, de
puteo nuncupato, vel de praMDissis ctiam sum>
mane, simpliciter, & de piano sine strepitu &
figura judicii, ac sine ulla terminorum substun-
tialium vel tela; Judiciarioe obsenutione, citato
dicto Thoma se mformaret, ik quicquid inve-
uisset nobis referret, per »pecialem commissi-
ouem manu nostra signatam, dedimus in man-
datis, sibi attribuentes potestatero in curia, &
extra, citaudi, & inhibendi, ac literas compul-
soriales, geiicrales & speciules ac remissorales,
in forma consueta ad partes decerncndi, & per-
Muas quascunque, si opus esse arbitrarcr, ad
exhibendum jura, sive ad perhil>endum testimo-
nium, etiam per censures ecclesiasticas co^endi,
h compelleodi, seu, si pro celeriori expeditione
sibi videretur, ad recipiendum informationem
bujusmodi, aliquem probum virum in dignitate
ecclesiastica constitutum in partibus istis com-
morantem cum simili citandi, inhibendi & co-
geodi facultate deputaudi, ac subdelegandi : ac
sicut exhibita nobis nuper pro parte vestra, fili
rex & filia regina petitio continebat, dictus Ja-
coljus cardinalia» commissionis hujusmodi vi-
gure, citationc ad partes contra eundem Tho>
inam ad vestram, fili rex & filia regina, instan*
tiara decreta, venerabilem fretrem nostrum
episcopuin Gloacestrcnsem, una cum certis
aliis ejusin ea parte collegis, & eorum quem-
libet <4Bjilolidum ad informationem super prse-
niiifis recipjendun subdelegavit, eisq. vices
toat in pneoiitsis commisit^ Et postauam die-
lui epbcoput Crlouccstrtiuis in causa oujusnio-
di ad certos actus proccsserat, & ipsum Tho-
mam super prsmissis examinaverat, citatione
prasdicta, una cum ejus legitima executione in
partibus facta, coram eodem Jacobo cardinali
judicialiter producta, & processu per audien-
tinm literarum nostrarum contradictarum con-
tra eundem Thomam citatum & non compa-
rentcin decreto, cum processu coram dicto-
episc. Gloucestrensi contra ipsum Thomam in
partibus habito coram prajfiito Jacobo cardinal!
productus fuisset, & idem Thomas, ad id cita-
tus, contra cum nihil diceret, imo comparero
non curaret, prafato Thorou ad vidcndunv per
ipsum Jacobum cardinaleni referri cavsam &
referri juramentum in supplementum pleucB
probationis quantum opus esset, Ik nd conclu-
dendum & audiendum sententiam dcfiiiitivam,
ad certam tunc cxpressam diem, & horam per
audieutiam literarum contradictarum hujus-
modi citato, omnif^us act is 6i actitatis causis
hujusmodi diligenicr visis & considcratis, qiu-
sam ipsam ac omnia in pnemissis actitata no-
Ijis inconsistorift-nostro secrcto fidehter rctuHt:
Qua relatione nobis ut prxfertur facta, & causa
ipsa cum vencrabilibus fratribus nostris sanctae
Romanae ecclesiae cardinalibus, time in eoden>
consistorio existenlibus, plenb discussa, & ma-
ture exaroinata, cum dilccti filii P^trus Rovili-
us, Clericus Ippotegiensis, ac Antonius Massa
de Gallesio in dicta curia causarum, & vestrunx
fili rex & filia regina procuratorcs, dc quorum
procurationis mandato in actis causse hujus-
modi legitimis constare, dignoscicur docuincu-
tis, ik Alexander Paleotarius, fisci nostri pro-
curator pro ejus jure & intercsse, & ipsius
ThomaQ citati & non comparentis contumaciamr
in causa hujusmodi concludi iSc definitive pro-
nunciari petiisscnt, nos pro tribnnali, in throno
justitirC, more Romanorum pontificum praede-
cessorum nostrorum sedentes, in causa hujus-
modi conclusimus, h nostram desupcr in scrip-
tis, quam per secretarium nostrum legi ik pub-
licari mandavimus, & quam ipse de verbo ad
vcrbum legit & publicavit, definitivam tulimuS'
6c promulgavimus sententiam, sob liujnbmodi
tenore. — Nos Paulus, divina provident ia Paj a
quartus, salvatoris & Domini nostri Jesus
Christi, cujus vices (licet immerito) in tcrris
gerimus, nomine invocato, hi throno justitfae
pro tribunali sedentes, 6i solum Deum, qui
Justus est Dominus, & in justitia judical orbf m
terric, ^pro ocnlis habentes, per himc nostram
definitivam, quam de venerabilium fratrum
nostrorum sanctae Romanic ecclesia; cardina-
lium consilio fcrimus in his scriptis, in causa &
causis qu» coram dilecto filio nostro Jacobo
tituli sanctae Mariie in via, presbytero cardina-
li, de puteo nurtcupato, nobis in consistorio
nostro secreto (ut moris e&t) reterenda inter
charissimos in Christo filios nostros Philippum
regem Ik Mariam reginam Angliae iliustrcs de-
nup.ciatores ex una, & quendam Thomam CVaiw
merum olim arrhiepiscopum Cantuarieiiscm
reum & denunciatum de ^i super crimine lurre-
sis & aliis excesaibus ccnsurisque ^ \Kv\ni
propter crimen tk excessas hnjnsmodi p«'r dic-
tum Thomam reum denunciatum ac conftssuia
%39] STATE TRLVLS, 1 Makt, 1 5 55. -^Pi omdatgs agaitist Archbishop Cranmer, [84(>
& coiivictuin incursis/ rcl)usq. aliis in actis | prsefuto nitione dicti archiepisc. Cantuariens.
caus£ 6: ciiusaruiu hujusmodi latius dcductis l & aiiarum pra^laturarum si quas obtiimit & ob-
ex altera parte in prima instantia vigore spe- I tinct olim subjectas, a quibuscuiif|ae lidelitatis
Cialis coinmisbionii iiostnu versse faeruut & Acr- : & obedientis jurameutis ei prxstuis absolven-
tuntur, prununciainus, scntcntiamus, deccnii- I das 6c liberandas fore 6i esse prout absolvimus
mus, ik dcclanimus dictum Thomam tunc Can- j & liberamus, ac juramenta hujusmodi relaxa-
tuarieuscm urchiepiscopum, animae suae salutis I mus, nee non super omnibus & singulis praedic-
immemorem, contra rcgulas & dogmata eccle-
sinstica banctorum patrum ncc non apostolicas
Romans ecclcsiss & sacrorum concilioruni tra-
ditiones Cliribtianxf}. reli^ionis kactenus in ec-
dedia tonsuctos ritus, praebertim de corporis &
sacri ordiiiis sacramentis alitor quam sancta
mater ecriesia pradicat 6c obser\-at senticndo
& doccndo, & sanctae sedis apostolica; \' siun-
mi pontificis primatum & autnoritatem nc^ii-
doy necnon contra processus qui singulis annis
per pr*decessores nostros in die ccraa? domini
more solito celebrati iuerunt, pniut & nos dau-
te Domino in futuruni cclebmre intcndimus, ir)
quihus processibus per Romimos Pontifices
pr;fdectssoro3 pnptutos ad retincndam parita-
tcm reIi-;ionis christianie ^ ipsius unitateui,
qua: in C()!ijunctionc membrorum ad ununi ca-
put Cliristum videlicet ejusqiie \icarium prin-
cipalitcr & sancram fidclium socictatem ab of-
fensione servanda coii>istit, inter alia Wicle-
fidta; Si Lutlierani 6c om'ncs alii ba'retici dam-
n ili 6c anathcinaiizati i'ucrunt etiam abjuratam
olim per Beren«;arium Andaj:avcn<«cm ecclesi;e
diaconum ba^resim iniK)vando, 6c tarn illain
quam etiam per dainnato; memoria; Johanneni
tViclcf^ 6c Martinum Lutlitrum liiPresiarchas-,
alias propodita 6c damnata iaisa ^: Lxretica
dogmata credcndo 6c scqucndo 6z dc^upor
etiam libros scribendo 6c imprimi' faciendo,
inipressobque publicando, in illisque scripta
etiam in publicis di*iputationibus defendendo,
HC etiam coram subdelegato nostro in respon-
sionibus ad positiones sibi factas pertinaciter
asseverando, ac in pcriinacia & obstinatione
liujusmodi permanendo, excommunicationis 6i
onathematis necnon privationis arcliiepiscop.
Cantuar. prsdicti, alioruniquc beneliciorum &
officiorum ecclesiasticorum si quae obtinct, &
annuarium pensionum bi quas super beneliciis
ecclcsiasticis assign utas habut, juriumque ac-
tionum & privilegiorum quorunicunque bono-
rum quoquc 6c seniorum ecclesiasticorum pa-
trimoniahum 6c secularium ncc non inhabitatis
ad quoscunquc dignitatis &c beneficia, & alias
tis eidem Thoma; perpetuum silentium iroponi
mus supplentes omnes & singulos tam juris
quam facti defectus, si qui forsan in processu
causae hujusmodi intervencrint ita pronundari-
mus. Cum autcm u dicta seotentia utpote in
causa haeresis 6c p^r nos de fratrum nostronim
consilio lata appellari non potuerit, 6c dicti
Pctrus ^c Antonius 6c Alexander procuratores
citato per audientiam literarum hujusmodi co-
ram nobis praefato Thoma ad vidcndum decor-
ni literas executpriales ad aliquem praelatum
qui actualem ipsius Thomae dogradationem fa-
ciat cumque curis seculari tradat in partibas
dcputari in contumaciam dicti Thorns iit
prj*fertur citati 6c non comparentis litcras etc-
nitorialcs decern I ac aliquos prslatos qui actu-
alcm ipsius Thoms dt^radationem faciant &
cum curis seculari tradant in istis partibus de-
put ari per nos raulta cum instantia postulavc-
rint: nos hujusmodi justis postulationibus an-
nui^ntes literas executoriales praedictas aposto-
licu autoritate decrevimus, ac vos fratres epit-
ropi qui actualem ipsius Thoms degradationem
facialis, 6^ ea facta eum curix seculari prsmis-
sa tamen in ipso actu traditionis incessione ad
jiidicem secularem pro hujusmodi tnidendis
per (.'cclesiam solita fieri trudatis autoritate, &
tenore prsdictis deputavimus. Quapropter
vos omnes 6c singulos supradictos quibus prc-
sentes nostrs literal diriguntur rogamus, & to-
bis fratres episcopi per upostolica scripta man-
damus, 6c in virtute sancts obedientis 6c sub
suspensionis a divinis 6c interdicti ingressus ec-
clesix sententiis districtius injungimus ut ad
ulteriorem executionem sententis nostrs prs-
dictie procedatis. £t vos tili rex & filia regina,
bona ipsius coniiscatis seu per eos ad quos spec-
tat conliscari, 6c ipsum Thomam postquum cu-
ris seculari juxta tenorem prssentium traditui
faerit, id quod juris fuerit, hen mandetis 6c fa-
cialis. Vos vero fratres episcopi, vel alter ves-
trum, ita quod alter pro altero se non excusct,
scd hsc omnia in so idum sub sententiis prae-
dictis exequamini, ntc contra ca excusationem
contra talcs pcrsunas tam de jure communi aut exceptionem apponere valeatis autoritate
quam per literas processuum pncdictorum sta- nostra, ceremoniis in similibus servari solitis
tntas pcrnas non solum tamquam credentem plcn^ observatis, actualem ipsius Thome dcgm-
ha.>rcticis pnrdictis ^: illorum sequacem, sed
etiam tauquam hsresiarcham notorium damna-
biliter incidissc 6c iucurrissc; pi-optereaque ip-
dationcm facialis, eumque postca curis secuk-
ri modo ut prsfertur tradatis, contradictorts
per censuram ecclesiasticam appellationepost«
sum Thomam excommunicaium anathematiza- ; posita compescendo non obstantibus constitu-
tum, k nrchiepiscopatu C-antuariensi aliisone i tiouibus 6c ordinationibus apostolicis contrariis
pra-laturis, dignitatibus, officiis 6c bcneficiis,
nee lion pcnsionibus, juribus, privileeiis, bonis
6c feudis prsdiciis privatum, 6c ad ilia ac alia
3uscunqHe inhabiiem, curis seculari traden-
um, bonaque ejus per eos ad quot spectat
coufiscanda fore 6c esse prout eum tradi cc ejus
bona coniiscari mandamus 6c conccdimus, om«
nes quoque & quascuuque personas Thomas
quibuscunque, aut si aliquibus communiter rei
divi^im ab eadem sit sede indultaro^ qood'in-
terdici,saspendi vel excommunicari non potsint
per literas apostolicas, non facienles pienam
oc expressam ac de verbo ad verbum de ndnlta
hujusmodi roentioDem, Datum Romavapud
Sanctum Petnim, anno incamatiotib Domain
inilletimo; qoingenttftoo, quinqmieiiaM^ qoiiH
641]
STATE TRIALS, 1 Mahy, \55$.—M Treason and Hcreny.
[8l£f
to. Decirao oono calendas Januarii, pontifi^
caius no&tri anno prime. J. Bareng.
The Form of degrading an Archbishop,
Inprimis, in publico cvtra ccclesiam paretur
aliquis cniinens locus congruens spacii, pro de-
gradatione fiendu. Item, supra eundem ordi-
netur una credentia simplici tobalta coopcrta.
Item, supra eandem crcdentiam ponantur am-
pulla vini & ampulla aqua^. Item, liber Evan-
gdioram, liber Epistolarum, liber Exorcismo-
rum, liber Lectionum, Antiphonarium. Item,
Bacile cum buculo & Mantili. Item, unum
candelabrum cum candela extincta. Item,
daves, forfices, cultellus seu pecia vitri. Item,
calix cum patiua.
Faramenta pro Dfgradando.
Superpellicium, Sandalia cum caligis, amic-
tis, alba, cingulum, Manipulus, Tunicella, Sto-
la, DalmaticB, Chirothecai, alia stola PJaneta,
Mitra, Annulus pontificialis, Pallium, Baculus
pastoralis, 6c aliqua vestis habitus seculurls.
Pro Degradatore Sf Officialibus,
Item, parctur fuldistorium pro pontiBct de-
mdatore. Item, Sediiia pro Officialibus.
Item, Adsint Ministri pontificis. Item, Judex
fcecularis, cui degradatus commitUitur. Item^
Notanus qui processum degradationis legat, si
opus erit, vel Episcopo degradatori placuerit.
Item, Barbitonsor. Item, Hora convenienti
degradandus, habitu suo quotidiano indutus
super dictum locum adducatur, Ac & clericis in*
duantur omnibus paramentis sui ordinis. Item,
£o sic induto, pontifcx degradator indutus
aroictu, alba, dngulo, stola, & pluviali rubeis,
ac mitra simplici, baculum pastoralem in sinis*
tra manu tenens ascendet ad locum prsedictumf
& ibidem sedebit in faldistorio, in convenienti
loco sibi parato versus ad popuhim, astante sibi
judice seculari. — ^Tunc degradandus omnibus
lui ordinis vestibus sacris indutus, & singulis or-
nanientis omatns, habens in manibus ornamcn-
tum nd ordinem suum spectans, ac si dcberct
in suo officio ministrare, adducitur ante Ponti-
6cem, coram quo genu flectit. l\mc Pontifcx
degradator (sedens ut supra) populo in vulgari
Dotiiicat degradationis liujusmmli caus:mi.
Ddnde contra degradandum scntentiam fert
in haecverba, si hujusmodi scntentia latn iion ^it.
In nomine Patris, & Filii, U Spiritus Sancti,
Amen. Quia nos N. Dei 6: Apostolicae sedis
gratia Episcopus, &c.
Degradatio ab ordine Archiepiscopali.
Primo, pallium degradator aufert a degra-
dando, dicendo: — PritTogativa pontificalls dig-
nitatis oua; in pallio dcsignatur tc ezimimub,
qoia male usus es ea.
Secundo, mitrain uufert a dc^i^radando, dicen-
do:— Mitra jiontificalis dignitatis, viddicct or-
natu, quia eam male praisidciido fcedasti, tuum
caput denudamus.
Tertio, librum Evan^eliorum h degradandi
aanibns aufert, dicendo : — liedde Evangelium,
qiiia pnedicandi officio, quo spreto Dei gratia
te inaigniim fecuti, te just^ pnvamus.
QuartOyaooulum aufert de digito degradandi,
&«odo:"^Aoottla]|], fidei scilicet tiguaculum,
tibi digne subtrahimus, quia ipsam sponsam
Dei Ecclesiam temere viulasti.
Quinto, buculo pastorali per unum de miniw
tris in manus degradandi tradito, ilium auferC
degradator, dicendo : — ^Auferimus ^ te bacuiua
pastoralem, ut perinde corrections offidam
quod turbasti non vuleas excroere.
Sexto, cbirothecis per niinistros extractis de-
gradator abradit dcgradando pollices 6c manus
leniter cum cultello aut vitro, dicendo: — Sic
spiritualis benedictionis, delibutionis mj^ticiB
gratia, quantum in nobis est te privamus, ut
sanctificandi & benedicendi perdas offidum &
efFectum.
Septimo, caput degradandi cam eodem aut
vitro abradit degradator, leniter dicendo r*-
CoQsecrationem 6t btnedictionemacunctionem
tibi traditam rudendo delcmus, & te ab* ordine
pontificali,quoinhabilis es redditusy abdicamus.
Turn degradando per ministroi extrahuntur
sandalia.
Degradatio ab ordine Prnbyteratus,
Calico cum vino h, aqua h patina & hostia^
per ministros in manus degradandi traditb, Con*
secrator aufert potestatem celebrandi, dicens :
— Amovemus ^ tc, quin potius amota esse os-
tendimus, potestatem offerendtDeosacrifidumy
Mbsamque celebrandi, tain pro vivis quam pro
dcfunctis.
Pollices & manus abradantur sub liac forma i
— Potestatem sacrificandi ^ benedicendi quam
in unctione manuum Ac pollicum recepisti, tibi
tollimus hac rasura.
Casulam sivb planetain per posteriorem par-
tem captivi accipit degradator, 6i degradaadum
exuit, dicens : — Vcste saccrciotali charitatem
signante te i)ieritC> expoliainus, quia ipsam &
omnem innocentiani exuisti.
Quarto, stolam aufert, dicens :— Signum Do-
mini per banc stolam signatum turpiter ab-
jecisti : ideoque ipsam a te amovemus, quem
inhabilem reddimus ad omne saoerdotale offi-
cium cxcrcendum.
Degradatio ab ordine Dimcimatus.
1. Libro Evangelioriim degradando in ma-
nus per ministros tradito, degradator aufert li-
brum, dicens : — Amovemus a te potestatem le-
gendi Evangelium in Ecclesia De, quia id non
competit nisi dignis.
2. Dalmaticum aufert dicens : — Levitico or-
dine te privamus, quia tuum in eo ministerium
non implevisti.
3. iStotnni nufcrens dc huroeris de^adandi
degradator pmjicit earn post tcrgum, dicens :—
Stolam candidain, quam acceperas iuimacula-
tum ill coiispcctu Domini pcrfcu'endam, quia
non sic cognito mjsterio cxcmplum conversa-
tionis tua; fKldibus pra^Jniisti, ut plebs dicata
Christi noniini possit exindc imitationem ac-
qui rcrc, juste a tc amovemus, omne Diaconatus
otli(*iuni tibi prohibeutes.
Dfgradatio ab ordine Subdiaconatus,
1. Epistoiaruni libro degradando in maimm
tradito, degradator cundeni aufert, dicens t—
Auferinms tibi potestatem legendi epistolam in
Ecclesia Dei, quia hoc ininisterio iudignus ee
redditus.
845] STATE TRIALS^ 1 Mary« 1553.— Proceedings against Archbishop Cranmtr, [844
9. Tunicella aufertur, dicendo : — Tunica sub-
diQconali te exuimus, cu]us cor & corpus timor
domini castus &c sanctas in sternum permancns
non constrinxit. -
. d. Manipuluin aufert, dicendo : — Depone
manipuium^ quia per fructua bonorum operum
quos (iesignat, non expuguasti spiritualis insidias
inimici.
4. Amictus aufertur sub hac forma : — Quia
▼ocem tuam non castigasti^ ideo amictum k te
aufcrimus.
5. Urceolis cum Tino & aqua & bacib* cum
manu-tergio degradando traditis, ea aufert ar-
cbidiacon. — £t nihil dicit.
6. Calicem Tacuum cum patina traditum in
manus degradandi, aufert degradator, dicendo ;
Cingulum album & amictum exuunt ministri: —
Poteiitatem introcundi sacrarium, tangeudi pal-
las, vasa & alia indumenta sacra, omneque sub-
diaconatiis ministerium exerceodi k te amove-
mus.
Degradath ab ordine Accolytmttis,
Urceolum vacuum in manus degradando tra-
ditum, aufert degradator, dicens : — Immunde,
vinum & aquam ad Eucbari&tiam de caetero
uun miuistres.
Candelabrum cum cereo extincto degradator
accipit de manibus depradandi, dicens : — Di-
mitte perferendi visibile lumen officium, qui
prxbere spirituale moribus neglexisti, ac uni-
versum Accolytatus ofiicium hie depone.
Degradatio ab ordine Exorcislatus,
. g. Librum exorcismonim aufert Pontifex degra-
dator, dicens: — Privamus te potestate impo-
ncndi manum super encrgumenos, 6c dsmoues
de obsessis corporibus expellendi, omni tibi ex-
orciscatus officio iiiterdicto.
Degradatio ab ordine Ijecioralus,
Librum Lectionum aufert Pontifex de grada-
tor, dicens : — In Ecclesia Dei non legas ulte*
rius, ncq; cantes, neq; panes aut fructus no-
Tos uUutenus benedicas, quia tuum ofiicium non
implevisti iideliter & devotb.
Degradatio ab ordine Hostiariatus,
Ciavcs Ecclesiae aufert Pontifex degradator,
dicens: — Quia in clavibuserrasti, claves dimicte,
& quia bostia cordis tui male dasmonibus obse-
rasti, amovemus k te officium bostiarii, ut non
percutias cymbalum, non aperias Ecclesiain,
non sacrarium, non librum aniplius pra:dicanti.
Degradatio u prima Tonsura.
Superpellicium degradando extrahit Pontifex
degradator, dicens; — Autoritate Dei omnipo-
tcntis, Patris, & Filii, & Spiritus Sancti, ac qua
fungimur in hac parte, tibi auferinius habitum
dericalem, ic nudamus te religionis oniatu, at^
que depouimus, degradamus, spoliainus & exui-
mus omni ordine, beoeficio, 6c priviiegio cleri-
cali, 6c vclut clericali professione indignum re-
digimus te in servitutem & ignominiam liabitus
lecularis ac status.
£um forficibus tondere incipiat Pontifex de-
ipradator, 6c per Barbitonsorem ibidem praesen-
tem totaliter tonderi fiiciat caput dcgrad:indi,
diceos : — Te velut ingratum filium ^ sorte Do-
miai ad (^uam vocatus fueras abjicimus, 6c co-
looaio toi capitis regale quidcm ftigaum t acer-
dotii dc tuo capite amovemus propter tui regl-
ininis pravitatem.
Deinde si velit Pontifex, dicat :'^Quod ore
cantasti, corde non credidisti, nee opere imple-
visti, ideo cantandi officium in Ecclesia Dei
a te amovemus.
Tum Ministri pontificis exuunt degradatum
veste, 6c habitu clericali, 6c ipsum induuut habi-
tu seculari.
Si degradatus tradi debeat curias seculari.
Pontifex degradator degradatum amplius non
tangit, sed in hunc modum pronunciat, dicens :
— Denunciamus ut hunc exutum omni ordioe
ac priviiegio clericali, curia secularis in suum
forum recipiat.
liogat judicem secularem ut citra mortis pe-
riculum, &c. : — ^Domine judex, rogamus voa
cum omni effectu quo possumus, ut amore Dei,
pietatis^& misericordix intuitu, 6c nostrorum
mterventu precaminum miserrimo huic nullum
mortis vel mutilationis periculum inferas.
The celebrated Mr. Whiston suspected the
authenticity of the Recantation ascribed
to Cranmer, and published a Tract on the
subject ; which bcmg somewhat curious and
very scarce, we here reprint, together with
Strype's Account of the Archbishop's Death.
An Enquiry into the Evidence of Arci-
BisHOP Cranmer's Uecaktation : &c.
Before I give my Reasons for this suspicion,
I shall set down the Copy of this Recantation
verbatim, from Mr. Fox's Acts and Monuments,
p. 066, London, 1641, fol. [Here follows the
Recantation, as given in p. 812.1 — ^Thus faria
Mr. Fox'& Copy : without the addition of any
date, or subscription under the archbishop's
hand, or any witnesses that it was written by
him. The foregoing words indeed are these,
' the Form of which Recantxition, made by the
friars and doctors, >v hereto Cranmer subscnM,
was this,* whereby it appears that Mr. Fox
believed Cranmer did subscribe .this entire
form. Yet does he add after the form itself,
what makes it probable be did not believe bt
subscribed it liimself, but that his name was
put to it by some of those prelates and doctors
who were then present. ' Tliis Recantation of
the archbishop, says Mr. Fox, ' was not so soon
conceived ; but the doctors and prelates, with-
out delay, caused the same to be imprinted,
and set abroad in all mens hands. ^Vbereouto,
for better credit, first was added the name of
Thomas Cranmer, with a solemn subscription.
Then followed the witnesses of this Reomta-
tion. Henry Sydal, and friar John de Villa
Gacina. All this while Cranmer was in oo
certain assurance of his life; altlioueh the same
was faithfully proniisi*d him by tne doctors.
But after that they hml their purpose, the rc>t
they committed to all adventure, as became
men of that religion to do. The queen having
now gotten a time to revenge faer old grief^ re*
ceived his Recantation very gladljr ; bat of her
purpose to put him to Acath abe woold noCbi
relent :' (p. 818). So far Mr. Foi,
B4.5]
STATE TRIALS, 1 Mary, 1553.— for Trea$m and Hatsy.
[Bid
A strange story this ; that so solemn a Recan-.
tation of archbishop Cranmer, primate of all
England, should be publisiied as his own, with-
out any other witnesses, than two such obscure
persons as Henry Sydal, never, that I snow of,
aflerward heard of, and friar John de Villa Oar-
cina, one brought from Spain to pervert the
university of Oxford to Popery. — Now, as to
this entire copy of a Recantation, it seems to
me to consist of two very diflfereht parts ; the
first part, ending with " without which there is
no salvation/' is of such a nature as Cranmer
might himself draw up and sign, as literally
true and catholic in his opinion : though it must
be confessed it is very capable of a popish
sense also. The second part is about six times
as large ; and is such as Cranmer could not
possibly draw up, nor subscribe, with truth, in
any sense whatsoever. Which two parts arc
therefore to be accurately distinguished from
each other, and considered in quite different
views. The former is in stile and language
very like that of archbishop Cranmer^s ; but
the other quite different from it. The contents,
which declare not only his readiness to re-
nounce all the errors of other people, and to
endeavour to follow nothing but what was ori-
ginally true and sound doctrine, is very agree-
able to Cranmer also ; who left all the modem
notions, and most diligently searched into the
New Testament, and the primitive writers, for
true and pure Christianity, (a) In which
search indeed he had been all along truly inde-
fatigable. This confession of ' one holy and
catholic church' is Cranmer's own declaration,
in his Appeal from the pope to a General
Council at this very time (p. 805) : and liis de-
claring it to be a visible Church he confessed,
was then the protestant notion ; as we learn by
one of the other martyr's confessions, and by
Cranmer's stiling the king head of the visible
Church, in his Answer to Dr. Martin (p. 781)
and both about the very same time also. And
as to the additional character of that Church
here, that * without,' or * out of it there is no
Salvation/ I take it to have been the common
doctrine of all at that time, both Protestants
and Papists, without exception. — And so far,
I suppose, Cranmer might go at this time : es-
pecially since he had hopes of saving his life by
such a subscription. He might also assure Dr.
Cole, who was sent to try whether he abode in
bis declared purpose, that < by God's grace he
would daily b^ more confirmed in the catholic
faith,' (p. 813) of which catholic faith he
owned himself to be at his death. He might
endeavour to please the queen so far, because
she, it seems, insisted that ' she would have
Cranmer a catholic, or else no Cranmer at
all ,' that is, that his declaring himself a ca-
tholic, waS absolutely necessary to his life
and restoration; as the friar informed him.
And this I suppose was all that Dr. Cole re-
ferred to, when he put Cranmer in mind of
some promise of his, as he was geing to the
(a) Burnet's Hist. Reformat, vol. i. p. 171.
▼ol. iii. p. 250.
stake, and which he allo^^ed, viz. * that he was
to express the true and ondoubted Profession
of his Faith, that he might take away all suspi-
cion from men ; and that all men might under-
stand that he was a catholic indeed.' (p. 818.)
All nitich passages seem to me to belong to
this first part of the present Recantation, and
to nothing else.
It is indeed not impossible that he might
transcribe some copies of this entire Recanta-
tion, as it was proposed to him by the Papist»;
and those Papists might give out, what they so
much wished, that he. was disposed to give his
consent to the whole ; and might print it and
publish it, in ^the tyay of forgery, as Cranmer'f
own Recantation : which we shall see great
evidence anon that they really did. And for
his permission of such copies to go abroad
under his hand, he mieht sorely repent him
afterward : as the words he spoke at that stake,
to be produced hereafter, woold incHne one to
suppose. However, that he never did either
draw up, or really sign this whole pretended
Recantation before us, as consenting thereto,
the following Arguments will render highly
probable :
1. The known Character of abp. Cranmer for
sincerity and coiirage, will not permit us easily
to believe that ever he made such a Recan-
tation ; much less that he continued in it for
about a month or five weeks together, as the
present accounts do imply. As to his known
sincerity, take his own words, as he spakothem
at his death, and which the general course and
conduct of his life bear witness to be true.
When his adversaries reproached him with
recanting at the stake his former Recantation,
and thereby being guUty of fiilshood and dissi-
mulation, he answered, * AH, my masters, do
not you take it so. Always since I lived hi-
therto I have been a hater of falshood, and a
lover of simplicity ;.and never before this time
have I dissembled.' (p 820). And as to his
courage and boldness in his confession, he was
one of the most eminent of all our Reformers.
He was ever one of the most open and forward
speakers and writers for the protestant religion
against Popery of all others : as appears through
his whole history. Particularly, when he first
perceived himself in inuninent danger under
queen Mary, and her cruel ministers ; and x\as
by^some advised to fly beyond sea ; which in
other cases he did not only approve of^
but strongly recommend ; bishop Burnet in-
forms us that he said, " He would not dissuade
others from that course, now that they saw
persecution rising : but considering the station
be was in, and the hand he had in all the
changes that were made, he thought it so in-
decent a thing for him to fly, that no intreaties
should ever persua<le him to 'nJ*(b) Bishop
Ridley also, just before himself was burnt,
" Expressed his great joy for what he heard of
Cranmer's godly and fatherly constancy ; whos€
integrity and uprightness, gravity and inno-
cence was known to the whole natiou. ^^^4
847] STATE TRIALS, 1 Marv, IB53.'-Pi'0ceeding8 against Archhishop Crammer, [84S
he blasted God that had given, in his reverend
old age, such a man to be the witness of iiis
truth. Fur miserable and hard-hearted was
he, whom the godliness and constant confession
of so wortliy, so grave, and so innocent a man
would not move to acknowledge and confers
his truth/YO See also Cranmer's lai^e and
solemn Appeal from the Pope to a General-
Council, delivered in open court on Feb. 1 )■,
^ when he wos. degraded : which was but ten
d\YS before the date of the writ for liib burn-
ing, and fewer dajs before the time of this pre-
tended Recantation.
2. The tenor and stile of the first clauses
of this Recantation, are very different from
the tenor and stile of the rest : tlie former
points are such also as might, with strict truth,
be signed by* any Protestant or Catholic Chris-
tian ; but the latter such as could be signed,
with truth, by none but by a thorouoLh papist :
both wliicii differences have been already ob-
served.
3. This pretended Recantation has no date
to it, as bishop Burnet truly obsenes ; and the
Copy in Fox assures us. Which yet, in sucJi
nice cases, docs not use to be omitted. A
form of recantation proposed was not to be
dated : but a re:d subscription to it ought not
certainly to be without sucn a date.
4. The main parts of this pretended Rccan-
Ution at least were drawn up, not by Cranmcr,
.but by certain papists : as is not only cleur by
their contents^ hut expressly afllinned by IMr.
Fox, in these words, already quoted ; " The
form of which Recantation, made by tlie friars
and doctors, whereto Cranmcr subscribed, was
V this.'' Nor is it all probable that the same
persons drew up the tirst clauses of this Re-
cantation who drew up the latter : they are
every way so unlike to one another.
5. Thomas Cranuier's name in Fox is not at
the end, ns his own subscription ; hut in the
beginning only ; as it woulu natiiniiiy I>e in a
form proposed to him. Accordinjjly we shall
soon lind, that vhat lie agreed to , was sub-
scribed bv him as his Declaration of his teal
sentiments : but that tliis was no more than
the first branch of the present form. But of
these observations already.
6. What first moved me to suspect thisi whole
matter, was the obscurity, and fewness, and
temper of the principal or only actors and wit-
nesses therein, Henrv Svdal luid friar John de
Villa Garcina. The&e two inconsiderable ]>cr-
sons, or chiefly the friar (for we never afterward
meet with Henry Sydul in this ^^ hole prorcss,)
were, it seems, able to persuade the archbibhop,
and that in a very few days time, to such a
Recantation, as neither cardinal Pole, nor any
of the other bishops, learned doctors or pre-
lates, during his t%\o years and an haU^a iui-
prisonment, could do : and this i^ ith such argu-
ments, set down in the Acts and Monuments,
M w^re ntter to aflright an it^norant and tiino-
lOUS woman, than to convince the very learned
(cj BvTDot^ vol ii« p. 304.
and couroseous abp. Cnmmer. Nor is it easily
accountable, how not so much as the Dean of
Christ Church, with whom be bad lately lived ;
nor any of his canons ; jior any of the lieods of
the university of Oxford where be was, and
was so well known, should appear to have the
least hand in either this Conversion of Cranmer,
or in his Recantation : no not so much as to
be witnesses to his signing it. All this seems
to me to look very suspiciously.
7. Wliat Cranmer really signed, was,, not a
large and public Recantation ; but certain
Bills or Papers contsinine only a few words, in
a little leaf of paper, as Mr. Fox himself de-
scribes it. Which well agrees to the first small
branch, which I suppose to have been really
Cranmer*s ; but not so well to this intire Re-
cantation, wliich is about seven times as long:
especially not as made a sort of public instru^
ment, and solemnly signed, with Cranmcr's
name, and attested by t«vo witnesses, as is pre-
tended. Nor do the number of these Bills or
Papers written by Cranmer, which were several
by Fox's and Cranmer's own testimonies; and
no fewer than seventeen by the testimony of
Sanders, at all agree with this one long instru-
ment of Recantation, which his enemies printed
and publislied in his name; but very well to
this very short bill or paper at the beginning of
it. Of which many copies might soon be
written and dispersed by him : and of whicb
he might easily wTitc and sign two copies oo
the mornine; he wiis to suffer, as we are in-
formed he did; but not so easily of the larger
Recantation, as tlie friar pretended.
8. This large Recantation, as pretended to
be si)[;ned bv Cranmer, and pubUsned a month
or five weeks beforp his deftth, very ill a^^recs
with ivhnt Mr. Fox relates, os happening the
\ery morning of his execution, viz. that '* Friar
John, the witness to the former Recantation,
brought him a Paper, with Articles ; which
Cranmcr should openly profess in his Recan-
tation )>efore the people ; earnestly desiring
Iiini that he would write the said Inbtrunicnt,
with the Ai-ticles, with his own hand ; and sign
it with his name.'* (p. 814). What occasion for
all this, if they had an attested Copy of a full
Recantation already printed and published,
with his own hand subscribed tliereto ? And
St/anger it is what follows in Fpx, that ^* He
did it:*' And that when the friar desired tliat
he woi|}d write another copy thereof, which
t>liould remain with him, Uiat he did that also.
'9, This is still more strange, when we re-
member, that it was now a month or five weeks
since Ins former RtHrantation was pretended to
have been made and signed by him ; and that
in hopes of Hfe and preferment, wliich hopes
were now ahnost all (tone ; and Cranmer had
now prepared himself to recant any such Re-
cantation at his death, as Mr. Fox informs us.
10. However, it is plainly incredible, that
on the very mornini; of his execution, Cran-
mcr shoultl write these two copies of his large
and full Recantation, and sign them with his
own baud, us the sense of his owa iniud: and
\
849]
STATE TRIAIJS, 1 Mary, 1553.— for Treason and Heresy,
[850
▼ct, " At the very sjxme time, secretly put
another paper into his bosom, containing his
Prayer fur the stuke, and his Exhortatiim t<>
the people ; when he (ie<)i<!iic€l to dechirc his
abhorrence of anv thin.: like snch a Hccan-
tation:'* which yet is ^Ir. Fox's uccount in
this place. This is too vile, and impious, and
desperate, and jesuiticid to be supposed of
any common Christi.in : much less of the most
open-hearted, and sincere, and upright, and
religious abp. Cranmcr. Whether the two
Papers that Cranmer is said to have transcrii)ed
and signed with his hand, the morning of his
execution, at the earnest desire of the Spanish
friar, contained the iiairc Recantation s^till
extant, and only signed us a true copy of what
was proposed to him, but fie had never con-
sented to : or, whether it were no more than
the fonner clauses of it, which he bad given
OQt as his real belief, I cannot certainly deter-
mine ; but suspect they were these small
clauses, and no other. Although the friar,
who is said to have procured these copies, and
perhaps some other of the Papists. also, were
▼ery wilh'ng they should be confounded. As
indeed they have been most fatally confounded
. to this very day.
Ij 11. This Spanish friar, the principal actor
' I in this whole tragedy, when Cranmer, at the
stake, declared himself, according to hit pro-
mises, to die in the catholic faith ; but in a
lense very different from what he expected ;
raged, and foamed, and was almost out of his
wits, always having this in his mouth, Non
ffcistif Did'st thou it not ? (p. 821). As if
Cranmer did not then own the making luch
a Recantation, as he hud ascribed to him.
12. Although Mr. Fox was made to believe
that the queen knew of this full Recantation of
Cranmer*s, and received it very gladly, and
this before Feb. S4th, 1555, when she signed
the Writ for his burning ; as all that follow
him have also supposed ; yet docs (d) bishop
Burnet find it hard to believe, that such a Re-
cantation could be made by him when the
danger was so remote ; and therefore he sup-
poses it not done rill after the Writ was finally
sent down to Oxford for his burning, directly
contrary to Mr. Fox, to Dr. Cole's Sermon at
his burning, and to Sander's History. The
reason nf this difficulty is obvious : but the
foundation of the difficulty is only this, tliat
Cranmer did make that Recantation. Which
I confess seems co me not a little incredible.
13. The very Writ for burning Cranmer
gives no power to burn hiin ; but as ' perti-
naciously holding and defendini;' his heretical
opinions. Which seems to be authentic evi-
dence that the court knew nothing of that
Urge and full Kccantation, the friar pretended
he had signed in his presence, before the date
of that writ for his execution.
14. Had this Recantation been known to be
genuine at that time, and made before
the going out of the writ for burning Cranmer,
(d) Bumeti vol. ii. p. 300, 334, 399.
VOL. I.
by what law did tlie queen sign such a writ ?
And by what law did tlic mayor and bailitrs of
Oxford execute it ? All ecclesiastical proceed-
ings against heretics still allowing ufa Recan-
tation and doing penance, as always sufficient
for the offender's preservation. The constant
method, even in queen Mary's time, was this,
That such heretics must either turn before-
hand, or burn ; but no farther. Nay, so ex-
tensive was this practice then, that thonijli the
pretended heretics had been obs>tinate until
they came to the very stake, (c) yet was there
frequently a pardon ready for them at that
stake, if they would but there make a Recan-
tation. So that this signing, and sending, and
executing the writ for the burning of Cranmer,
is little less than a demonstration that he had
never made such a Recantation as friar John
pretended he had.
15. Which demonstration is still farther
confinned, by what bishop Bui'net (f) fimnd
in the Councd Book itself, relating to this pre-
tended Recantation : where we have this most
authentic Account; that, << on the 13tli of
March, (almost three weeks after the date of
the Writ for burning Cranmer, as an obstinate
heretic.) and eight days before he was burnt,
the Pnvy-councu were concerned when they
heard Cranmer's Paper of Recantation was
printed. Rydall and Copland, two printers,
were required to deliver to Cawood, the queen's
printer, the Books of his Recantation, to be
burned by him.'' Now since '^ the doctors and
prelates,*' as Mr. Fox was informed, '* caused
this Recantation to be printed :** As aUo that,
" the queen received that Recantation very
gladly :*' if all this had been really true, how
comes the queen's Privy-council to dishkeit?
Nay, to onler the remaining copies of this Re-
cantation itself to be delivered up to the queen's
printer to be bunit? Had the Privy-cuuncii
been satisfied that this Recantation was genu-
ine, this procedure seems not a little absurd
and incredible. It is much more likely that
the Council ordered it to be burnt as a knowiL
forgery ; and as capable of niising a gronndless
compassion and indignation in the people ; when
they should believe Cranmcr was become a
thorough Roman Catholic, and yet was to be
burnt as an obstinate Protestant Hereiic.
l(i. Dr. Cole, in his Funeral Sermcm, though
he supposes that Cranmer was become a Ca-
tholic, and would own himself to die in the
Catholic Faith, as he had declared in the first
clauses of this Paper; which there is little rea-
son to doubt hut he did really write, and really
sign ; yet does he not pretend he had made any
such full and particular Recantation hitherto.
Xav, on the contrary, he then charjies him
with <* having been not a secret favourer only ;
but also a most earnest defender of heretical
opinions, even to the end of his life." Nor
(c) See Burnet, vol. ii. p. 302, 303. 307,
308. 312. 314. 318. 328. 331. 333. 337. 347.
364, 365«
(J) Burnet, vol, iii. p. 249.
J 1
851] STATE THIALS, 1 IMary, I jo'J.^Proccedint^s against Archbishop Crmimer, [852
conceal it frotn him, \^lien he mciU to sec him?
<Ir>e5 the j^rcal and uncertain t'Xpcctulion ot*
boili Pl()U^lall(^ uuil Papists \\h:u ivligion he
woiiKi (itrciarc LiUiMlr Ui iic of at his tUudi id-
low ub lo i)Upp(••^c ho h^O bo lull;; a^o, aiiri tltut
very uiurnirg alb'i, bigucd sucli an nitiic Kccan-
tatioii.
Nay, Wiiy did lie, upon Cranmcr's owuiug he
had CO money, pre^ent him then, and iidL till
•then, with lit teen crowns, to giie to ihv poor
to whom he would, when he \x as just ^oinu: to
die? Why did the Spanish I'riar attempt to
17, There is still cxtiuil a I.ettrr oi'Cardi- ' get two cl)pie^ nf a Kicantution under Cian-
jial Pole's Co (Jianmer, of which you have some i nier's hand the rciy same morning? And all
account in hi^hop lUunet, \%hi(hil'it were sent
to him^ nb some iliink, (g) * a very little while
before hi^ Kxecntion,* as he informs us, is suffi-
cient exidencc that (hen the Cardinal neither
knew nur expected the least iUcantatiou fiom
him.
18. We have not the least evidence, that J
know of, that any of the Protestant Coufcssurs
or Martyi2> in queen Mary's reign did uckuow-
led{^e that Cranmer e\er had made such a Re-
cantation. They still reckon him as oue^ nay
u&ually as the principal oi' their {glorious Martyrs,
upon ail oeca>ioiis. As do tlie papists ahiO stdl
reckon him unrung the notorious heretics. Of
all which we have many instances later thim
his death, and btill without the least intimation
that he had tver made such a liccantation in
any of them. W hich intire silence iii both
parties is no £>ntall e\'idence that it wnb not (hen
belies L-d he had made that real Recantation,
which (l.e Spaniah Frier pretended.
19. Crainner himself, as Mr. Fox was in-
formed, when at the stake he sorely repented
of some small '* bills, or papci-s, or writing
which he had sent abroad, which he oun!> iu?
bad written with W\» hainl, contrary to truth
which he thou<;ht with his heart, and wrote for
i'ear of dc ath, and to ^ave hii lite, it it iiiiL'ht be,
since his DegradHtion, wherein he had vxritten
many things untrue," (p. }>!;iO,)yet did he, at
the same time, almost din ctly deny that he had
ever made this real Reiantaiiou, churgetl upon
iiim by the Spanish frjar. Tor ^Ir. I ox as-
sures us, that when at that time hi^enimic^
ceased not lo object nnio him hia faUitood and
dis^imu]ation, because, after all, he died a /e:i-
lon<» I'rotestant, ho ansiveied to that acLU>a-
lioi), in the word's ahead v ^et down. *^ Ah!
my masters, quoth he. Do not yon take it so.
Always, since 1 lived hitherto, I h:ive bc-cn a
hater of lal>hood, and a hjierof &impliciiy;
and never before tlii!> lime have I dis^tClnble(l.**
Which very ill a^iet'5 with what I lie Priar j)re-
tende<I, tliiii iie liad < laiiinned in Lite grossest
bypocr;>y niid falsi. ood for four or five weeks
this without any iiilinuition that he was to die
immediately ? * Why was he left destitute,
without mercy, or so much as one friend to
support or ati\ise him, or lo be a faithtul wit-
ness wIiuL wa:) then bu'id or done by him } And
why did some of the i*apists, particularly this
Dr. Cole, cry out, as si on as they perceived
Cranmer had declared himself a Protestant,
' Stop the heretic's mouth, and take him
away :' as this History informs us? I tliink
we have great reason to suspect that all this bar*
barity and haste and hurry for a sudden execu-
tion wa» intended to conceal somewhat which
was not fit to be made public : and that it was
done on purpose that sincere and honest Cran-
mer*s pretended Iteeantation, might still be
believed to be real: and that tiie poor man
might have no ojtporttuiity lo clear iiis inno-
cence any farther in this matter. And indeed,
one wuuld almost wonder that I\lr. Fox did nut
himself Mispcct this fmud and forgery; since
he informs us that '^ the Papibts secretly and
blightly suborned certain nitn, which when
they could not expugn him by arguments and
di;)piitation, should by iiitreaiy, and fair pru-
mi^e.s, or any other means iillure him to Uc*
cauration. Tiiat the w ily Papibi^ Hocked ahuul
him, with tiu'eatening, ilaitcring, intreatin:;,
and proniiiing, and all dthcr n.eans, especially
ll<'nry Sydal, :ind Friar John, a Spaniard dr
\ ilia (iarciiia, to the end to drive him to the
uttermost of their po>>il»dity tVom hia forniir
Sentence to Recantation." (p. 81 J).
N. ii. This Kecantution may will be su])-
poscd only a pre tended one, and a forLcry uf
the papists. Var iliib was not thi* fir^t (iiuc
that Cranmer wa-i scandal. /cd in this mannri.
We liiid tluit bi>ljop Donner (t) himself lti'lit\-
ed he wa^ become \ery hund)!c at the he:iiu-
n;lJ^; of qmeii Mary*j» rci»:n, and * ii ady to sul>
iitic Iiim*)eif in all thiii>:^,' without any real
toundation. We tind aUo, about the same
(imt', the n>]Hiit was so curidit (hat he hud
hiii)x.'il'(ui)st ntfd to sit up the ina?>a at Can^
terbury, and that he hud undertaken to sing
I'lguthcr, ever fciuce he made that intire Rtcan- I mass brfi'if the qntenCAj, that he was
ol'lij;e<l to \ indicate l.im^elf in a public paper,
I .♦;ji'. X I ■ r ..• .1 -i»
laiiun.
:^0. If there w« re not here some knavery or | still t\iin,t. Nay the main parts of this' Id-
foruery n» (he ca^^ why wa-» iml the que<.ii's ■ cantaiion befoir us may po>MbiY be as old as
rrs«iluiion ('/'J to hu\c him burnt notified to ' iht m- i arly ruiuiiur>. Fur San'n:.-* uUiriU!* u»
him a U\v da\9, ur l.>wi-.tr si-vrral hours, l)e- ihi-r (i) ( ranincr Ul^ncvl hiin-tif a cutli<ilic,
fure he wa> lo die: Why w;«> Dr. Coli- who and >:gicd his retraelalion seventeen times
had l;e«-n hLlure .j jfiiil'.d to pr«'ach his Fune- I with Ins (umi hand, leiorir hi'' analemnatain.
ral ScriiioM on »i urli 'Jl-t, oblijicd t«/ keep ; Whereas in lhi» form he (/wi)> hm.self to he
the day Mleni ? \N iiy did (he saii.c Dr. Cole, late aichhishop t)f ( 'amcrhur\ only : which Uc
the very morning Cianujer was to die, still
(^) Unrnel, vol, lii. p. 'M K
{ h) >:Ke Fox, p. OOS, 669, 670.
(i) IJurnet, vol. ii. p. *i 18.
(I:) Runiety vi>l. ii. p. 219.
(IJ Ibid, p. 399.
S53]
STATE TRIALS, 1 Mary, \55:L—far Ti-eason and Heresy,
[^>5^
i\'oulrl never have allowed till after Feb. 14th,
1565-6, when be was degraded: as all the
other evidence already produced does also as-
sure us. They who have a mind to compare
one popish forgery with another, may look in
Mr. Fox, and mere find such another Recant-
ation, ascribed to the famous lord Cohham, in
the days of Henry 5th (m). Only with this
dilTcrenco, that the lord Cobbain*s Recanta-
tion seenis never to h;ive been so much as seen
by him : which we cannot certainly say of
tliis ascribed to ahp. Cranmer ; though both, I
suppose, equally spurious and Jesuitical forge-
ries.
It is not here quite unworthy of our remark,
tliat Cranmer's peculiar punislunent of burning
his rif:ht h:md, hefurcthe rest of his body; thai
right hand which wrote the sevend I3ills or Pa-
pers whereby he gave occasion to the report
that he had made a rci-.I t>nd intire Recanta-
tion ; seems more accountable on the supposi-
tion that it was ratlin* tiic many Rills or Papers
he had incauii')as!y written or irauiicribed with
his right hanri ; than anyone or two full IJe-
cantati )n», to which he tiad wickedly consented
with his mind, which occasioned that unusual
experiment or sifinal of detesUUion. And if
any suppose that the con(;uniption, first of his
riglit hand, and then of the rest ot his body by
the tire, while yet his heart, as all agree, re*
raained unburn i^ was extraordinary, and provi-
dential; the natin*al consec^uence of it is, that
while his right hand was, after a sort, guilty, in
writing; yet was not his heart, the emblem of
his mind, properly guilty in consenting to any
ungo<lly Recantation. Will. Whiston,
lAfttdon, Hutiuml, Oct, 27, 1732.
Postscript.
This was written by me before the date al-
ready set down. Nor have I altered any thing
whicii I then wrote ; but print it now exactly
according to the original copy. What I am
now to add, is with relation to the accounts of
this matter given us by Mr. Strype, in his Me-
morials of Arclibi^hop Cranmer, p. 833, t)li9,
and in the 3d vol. of his KcrleMusiicnl Merao-
rialSy p. 932, 238, which I had not seen when X
wrote the foregoing Paper. Which two
Memorials seem to me to aH^'ord farther grounds
for the same suspicion. For we may thence
observe;
1. That of the five other copies of Cranmer*s
Recantations, gii'en us by Mr. Strype, four of
tbem are very short, and so very like the first
branch of the Recantation before us: and
might generally be of Crannier*s own drawing
op, and might be signed by him as like tlie
other, not much against his own opinion ; yet ,
very capable of a popish sense also. But the '■■
last is not only very long, hut very different '
from all the rest; and indeed very like the
grossest forgery. Yet docs Mr. Strype assure |
as, in his Fxclesiastical Memorinls, * 'iliat this ■
as said to be written and subscribed by Cran- ',
(m) See p. 249. of the present volume. i
mer'sown hand :* But that it %va« ever pr')ved
to be such, he saidi not. Nt)r do 1 easily Im>
lievc Cranmer would tfycr sij»n >vc\i a fcio>s,
and tedious, and wild Uerantation as tiiis is.
2. What Recantation Cranmer iiwned at the
sUike, and repented of, wa^ imt the bigiiin^
one or two large open RccMUt'itions ; hut, ns
we have seen already, and as an honrst Roiniin
catlmlic there present gives the Accnfuit to he
set down presently, •* Settinj; fmi) \vriri'ii;s
contrary to the truth. Thinj^s writien wiili his
hand contrary to the truth. ^Ml ^uch Bills
which he liad writtc n or signed with his own
hand contrary to the truth, sioce his dcLrada-
tion: W^herem he had writton many tfiiuiis
untrue.** Which small hdls exceilfnily well
agree with the live suspic-inus Muail hiiN, >et
down by Mr. Fox and Mr. Sirype, said l.y .Mr.
Fox to * contain only n fe.v wonl^, in a liitle
leaf of paper,* but ^'ery ill with <»ne or two
other pretended full an«i larp;e anil express Ke-
amtatious of the protestant rrli<^;ion. .And
what makes this somewhat the more pn>hiililu
is this; that he immediately adds, :it the .-^tako,
a retractation of the worst thing in oil those
little bills: when he says, that *<ns for the
pope he refused him, as Christ's enemy, and
Antichrist, with all his false doctrine f (;<)**
Whose supremacy yet, as owned by king,
qaeen, and parliament at least, if not farther,
he had owned and suhmitrefl himself to in
more than one of those live short hills before
mcntioni'd. Which are all I suppose iUwt he
ever signed.
3. The very pnhliihers of those four other
short Bills or Rirnntatious own, that one of
them, which yet was not worded wor^o than
the rest, nor was properly any Kecantation of
the protest^mt relieioti at all, %vas soon alter re-
tracted by himsclt again, and recalled : which
plainly proves, tliatwlicn Cranmer wa^ trying
by certain of these Concessions or Papers like
some sort of Recantations, whether he could
save his life, without renouncing the protestant
rclieion, his conscience wa^t so lender, that he
retracted one of those small and mode^it (.'on-
cessions or Jietractations again : and lliat it
was almost impos>ibIe for him at the same
time to sij:n either of those long and Iwirrihie
Itccantations that his enemies puJdrshed for hnn.
4. Mr. Strype himself, who beiieveiJ that
Cranmer did thus several times openly recant
the protestiint religion, con^evses that the pa-
pists did print a forged Acccjunt of v»lm C;tin-
mer spake at his Kxecution, and drnpcir^s in
two columns, " What he was to hav^ -p-fkcn,
and nhat the papists gave fjui *\u a pri.- f
falsely; he did speak; and h':a'. ?.- if.si.*- ;■ -
deed ; .\j» was by hundreds 'ri « •••ct';' - ;:•.••:
notorioiisiy known (o), 'Hit V fj \.
in pf int ilw-se writincrs of ih* zrtii'.:-' , . ■
ing this title. ** Ail tlie Hi**CTi,.': r. * :•.
tations of Thomas C.'aDfEer, fe >'
Canterhurv, tridv set forrh Ik^'-v .■
.'•• «■
(n) Mem. of Cr
(o) Keel. Men. p. 237, i
S59] STATE TRIALS, 1 Mary, 1553. — Proceedings against Archbishop Cranmer, [soo
and sisters. For ahis ! pitj^ it is to see, what
contention and hatred one Christian«inan hath
to another: not taking each other, as sisters
and brothers ; but rather as strangers and
mortal enemies. But I pray yon learn and
bear well away this one lesson, To do good to
all men as much as in you lieth, and (o hurt,
no man, no more than yon would hurt your
own n'tiiural and loving brother or sister.
Tor this you may be sure of, that whosoever
hateth any person, and goeth about malici-
ously to hnidtrr or hurt him, surely, and with-
out all doubt, God is not with that roan,
although he think himself never no much in
God's favour. — I'he fourth Exhortation shall be
to thfrm ttiat ii:ive great substance and riches
of this world, i iiat they will well consider and
weigh those sayings of the scripture. One is
of (»nr Saviour Christ himself, who saith, * It
is. liard for a j-ich man to enter into heaven :'
A sore saying, and yet spoke by him, that
knew the truib. The second is of St. John,
whose saying is this, * lie tluit hath the sub-
stance ot this world, and secth his brother in
necessity, and shutteth up his mercy from him,
how can ho say, he loveth God ? Alucti more
might 1 speak of every part ; but time sut-
ficeth not. I do but put you in remembrance
of things. Let uU them that be rich, ponder
well tliose senteiices : for if ever they had any
occasion to shew their charity, they have now
at this present, the poor |>eople being so
many, and victuals so dear. I'or though I
have l>een long in prison, yet I have heard of
the great penury of the poor. Consider, that
tliut which is given to the poor, is given to
God. Whom we have not oihtrwise present
corporally with us, but in the pour. — And now
for so much as I am come to the last end of
my life, whereupon hun(:etli all my lite passed,
and my life to <'omt', ciiher to live with my
saviour Christ in hoa\cn, in joy, or else to be
in puni ever with wickcil (k'vil<, in hell ; and
1 see before mine c)es prcj»cni!y eulit^r heaven
rcudv to receive uic, or hell ready to >wali()vv
me up ; I shall ihcrtfore declare unto you my
verv faith, how 1 believe, without colour of dis-
siuiulation. For now i^ no time to dissemble,
whatsoever 1 have written in times past. —
P'irst, I licliere in God the Fnthcr Almighty,
Maker of heaven and earth, &c. and every ar-
tide of the catholic f:iith, every word and sen-
tence tauuUt byourbaviour Christ, hisapostle^
and prophets, in the Old and New TesLiment.
— And now 1 come to the great thing that trou-
bleth my conscience more than any other thing
thnt ever I said or did in my lite : And that is,
the setting abroad of writings, contrary to the
truth. VV hich here now I rtiiounce, and re-
fuse, :is things written with my hiind, contrary
to the truth, which I thought m my heart, and !
writ for fear of death, and to save my life, if it
might be : And that is, all such bills, which I
have written or tinned with mine own hand,
since m? degradation: Wherein I have written
many things untrue. And fitrasmuch as my
bairn ofifendcd io wrking contrary to toy heart.
' therefore my hand shall first l>e punished. For
* if I may come to the fire, it shall be first burned.
' And as for the pope, I refuse him, as ChristV
* enemy and Anti-Christ, with all his false doc-
* trine.*
** And here being admonished of his Recanta-
tion, and dissembiin;:, he said, Alas, my lord, I
have been a man, that all my life loved plain-
ness, and never dissembled *till now against the
truth ; which I am most sorry for. lie added
hereunco, that for the Sacrament, he beheved
as lie had taught in his book against the bisliop
of Winchester. Apd here he was suffered to
speak no more.
** So that his speech cmitained chiefly three
points, love to God, love to the king, and love
to tlie neighbour. In the which talk he held
men very suspense, which all depended upon
the conclusion. Where he mi far de<*eived all
mens expectations, that at the liearing thereat,
the^ were much amazed ; and let him go on a
whde, till my lord Williams bad ban play the
Christian man, and remember himself. " To
whom he answered, * That he so did : fur now
he spake truth.''
" Then he was carried away ; and a gre:it
number, that did run to see him go so wickedly
to his death, ran after him, exhorting biui,
while time was to rememlier himself. And one
friar John, a godly and well-learned man, all
the way travelled with him to reduce bim.
But it would not be. What tliey said in par-
ticular I cannot tell, but the effect appeared
in the end. For at the stake he professed, that
he died in idl such opinions as he had taught,
and oil repented him of his Recantation.
'* Coming to the stake with a chearful coun-
tenance, and willing mind, he put off his gar-
nicius, with haste, and stood upright in h'n
shirt ; and a batchclor of divinity, named Klve,
of JirRZcn-nose-collcge, labonrLHl to convert him
lu his f inner Recantation, with the two Spn-
nisli friars. But when the friars saw his con-
stancy, tlit'y said in Latin one to another, * Lrt
us go fioin him ; We oncht nut to be ni^h him:
For the dcvil is with bun.' Hut the batchelor
in divinity was more earnest with him. Unt'i
whom he answeretl, That as concerning bis Re-
cantation, he repented it riuht >ore, liecause he
knew ic was aizainst the truth ; with other
w(»rds more. Whereupon the lord William!!
cried. Make short, Make shc»rt. Then the
bisliop took certain of his friends by the hand,
iiut the batclielor of divinity refUi^ed to take
him by the hand, and blamed all others that so
did, and said, he was sorry that he ever came
in his company. And yet again be refjuired
him to at;ree to his former Recantation. And
the bishop answered, (shewing hi> hand) ' 'Ihis
is (he hand that wrote it, and therefore shall it
i^ulXvr lirer punishment.' — Fire Ix'ingnow put to
liiiM, he .sin tched <iut his rit^ht liand, and thrust
it into the tlame,nnd held it there a good space,
before the fire came to any other part of hi«
body ; where his liand was seen of every man
sensibly burning, crying with • loud voice,
f This iiand hath ofibnded.' As sooo as the fire
i
1]
STATE TRIALS, 1 Mary, 1 55^.^for Treason and Heresy.
[8(i'2
t up, he was very soon deud, never stirring or
;'uif^ all the while. —^
'' Ilih patience in the torment, his courage in I
infi^, if it had (>een taken either for the glory
God, the wealth of his country, or the testi-
ny of truth, as it was for a pernicious error,
J aobversion uf true religion, I could worthily
e couiiuended the example, and matched it
h the fame of any father of antient time :
t seeing that not the death, but tlie cause
I quarrel thereof, coiumendeth the sufl'ercr, I
uiot but much dispraise his obstinate stub-
Quess and sturdiness in dying, and specially
so evil a cause. Surely his death much
3ved every man, but not after one sort.
Some] pitied to see his body so tormented with
the lire raging upon tlie silly carcass, that
counted not (i*the folly. Otiier tliat passed
not much of the body, lamented to sec him
spill his soul wretchedly without redemption, to
be plugued for ever, llin iHends sorrowed for
love : his enemies for pity : 'strangers for a
common kind of humanity, whereby wc are
bound one to another. Thus I have enforced
myself, for your sake to discourse tliis heavy
nurnition, contrary to my mind : And being
more than half weary I make a ^hort end, wish-
ing you a quiet life, with Ibss honour ; and
etisier death, with more praise. The 23d of
March. Yours, J. A."
I
The Arraignment of Sir Thomas Wyat, knight, at West-
minster, for High Treason: 1 Mauy, l4th March, a. d. 1554.
[From the MS. of D. Brereton liourchier, late of Barnesly in
Gloucestershire, 9007-8. See Catalogi Librorum Manuscript.
Angliae & Hibernian, torn. ii. pait 1. p. 256. 8 Rapin, 131.]
HOU art indicted, sir Thomas Wvat, knight,
iHiat thou, on tlie 14th day of February,
»t, at Breutford in the county of Middle-
, levy war uf;ainst our sovereign lady and
.-en, her crown and dignity: How sayest
•u? art thou Guilty, or no?
RVi/. My lords, if I should plead Guilty,
luld I not be then excluded afterwards to
r certiuu thiii^ that T have to say ?
Court, You bhuU, Mr. Wyat, have leave to
f and be heard what you can.
Wyat. Then my loi*ds, nm^l I confess Guil-
as, in the end, truth nmai enforce me to
r: I must acknowledge this to be a just
tgue for my sins, which I most {grievously
\t committed against God, who hath suffered
I to fail into tliis beubtly bnitishness, luid
rrible otTence of Treason. And lo in me
.* like, and as such, wlu) attempted like
terpri<>e from the beginning: for peruse the
ronicles through, and you shall read, that
ier liebellion against their natural prince
i country, from the beginning, prospered :
iiry tiie 4th was but a rt-bel, f«»r so must I
1 itiin; he cuntiiiuod not long, but at the
J dcfmite, it tell into the rij^hl line a(;ain :
J tliv usurpation rc-veuged in his blood ; for
t love of (^ril, all yoti gcnth'incn that be
t, rCMiembe.-, and be Uiui;ht by tAanipk**
it, a» aUo by iii;-» luy present infelicity, and
ti ht.'inons ot^cncr. O ujos': ini-ierablf, niis-
o«<iu«>, and boa^tly, furious iuia^iination of
uc : lur I lhou!;hi, ihar. by the inarr.:;4i;e oi'
' prince of Spain, th»; »>PCond person of this
iLn sl.odid luiic hern in dan^'cr. And 1
■» hive lived a frtniinan born, should t;)ge-
r with my c<iuutry have Xmtn brought lo
!:d:ise an(I servitude by aliens and istrunt^ers;
jch brutifth beastliness thin seemed reason,
4 wrought so far, and to such elTect, as it
I uic tu tlie use and practice of this my'
committed Treason: but now, understanding
the great commodity, honour, and surety,
which this realm shall receive by this marriage,
if it shall please the ({uecn to be merciful unto
me, there is no man living that shall more
trustily and more faithfully serve her highness,
whatsoever the ({uarrel be: I served the queen's
liigluicss against the duke ot Xorthuinberland,
as my lord of Arundel can witucss: my grand-
father was upon the rack for her majesiy's
grandfather : my father served king Henry 8th
and I sened him likewise ; as also her grace*:*
brother, and in witnc^b of my blood lost, in the
fidd, I carry a maim. I alledge not all this,
either to merit or advance, for by this beastly
brutishness, to which most miserably I am
fallen unto, I have not only procured my own
death, but overthrown my lioune and name, and
defaced all my father's well-doingA, if ever there
were any. — 1 will not ju^tity mysi-lf in any
thing, neither can I idledge any excuse of mj
olfcnces, but most huuibly sul)mit myself to
the queen's majesty's m^rcy and pity; de-*iring
you, my lord of Sussex, and you Mr. Hastings,
wiih all the rcat, tu be a mean to the queen's
higiiue^s for mercy; for pity is the greatest
treasure that ever God gave to man, and it is
that which he speirially hath chosen to fiiniscU^
which if her hi(:hncss will vouchsafe on me
her mercy to besiow it on liiin who »hall be
m)i>t ^lad I'j <»ervc her highness, and readiest
to die ill hcrurace's cau^e : > )r 1 protest before
the Jud>;e of all Judges, I never meant hurt
against her highnei^s person.
The Qufrn\ Attortuy. Mr. Wyat. you have
great can-e to be bony and repentant for tlie
fimk wln-rtby you have not only undone your-
self, but also iiuinbcr> of other gentlemen, who
bouig true men, might have served their conn*
try: yet, if you had gone no further, it might
the better ha\c been borne withal: not s4i
863] STATE TRIALS, 1 M^^ry, 155^.— The Arraignment qf Sir Thomas Wyat, [sOV
contented, you procured the duke of Suffolk, a
man soon trained to your purpose, and his two
brothers also, by which, without the quecn':>
mercy* you iiave overthrown the noble house :
yet not so staid, you attempted the second per-
son of this reidm, who should have been all our
coinf(irt8^ whereby her honour is brought into
Question; or what end it will come unto,
rod knoiveth, and this are you the author of.
W^at, Good Mr. Attorney, as I will not in
any thinj^ justify myself, so being in decay to
much, overcharge nie not with more misahief,
and make or shew to be that I was not : I am
loath to touch any man openljri but that for
mine own discharge, I am driven for to do ;
and as I have given in Confession, so I af-
firm, that my lord of Devonshire sent sir £d-
ward Rogers for me to come to his house, and
when £ came, he break the whole Treason unto
me; he said, that he himself would go, and I
cannot tell, but be said he would do many
things : this proves I was not the first.
The Queen't Solicitor. As Mr. Attorney
hath moved you, that is, to repent your ofience,
so I fur my part, wish you the same : but what
meant you first, when you rose, to write to my
lady Elizabeth's grace, that she should remove
further from the queen, and after that mv lord
of Norfolk's men fled from him at Rochester
bridge to you, as a joyful uews you sent to my
lady Elizabeth of your good success, and she
again sent you thanks : is not this true?
Wf/at. What I have written, I confess, and
it is true.
The Master of the Horse^s Question, Mr.
Wyat, were not this your words, and in these
terms, when Mr. Comwallis and I were sent
unto you from the queen, you answered us,
That the queen should go to the Tower, and
you to have her person with the Tower in kecp-
mg, also the treasure, and such of the coun-
sellors as you would re<iuirc; for you said you
had rather be tnistcd than trust.
Solicitor. This shall be ever called Wyat's
Rebellion, as the Rebellion of Wat Tiler was
called Wat Tiler's.
Attorney. Mr. Wyat, were you not privy
how the queen should have been slain, ns slie
did wuik r I do not burden you to consent to
this: for thus much must I say, you disliked
it.
Ti'vnt. Mr. Attorney, I first opened this,
coming to my remembrance when I beard Wil-
liam 'l^iomas would have slain himself, for it
was his devise ; and he brake in this wise to
sir Nicholas Arnold, if the queen were killed,
quoth he, all were well, and ihcie is not so fit
a man to do it as John Fitzwilliams. Sir Ni-
cholas Arnold told it sir James Croftcs, and he
told it John Fitzwilliams, and John Fitzwilliams
told it me, and thus at the 4ch hand I heard it.
Then made I a cudgel with a whole brent in
it, with a whole iron and half a yard of-
* • * 1 »_ V 1 ^'* "11"
in it, and sought John Fitzwilliums a wliole
day, and could not find him. The next day, I
'sent the cudgel by my man, and bade him
bob him well, for the knave is but a spy, and
to utter it he durst not, and therefore be Ikold
to beat him ; thus my man carried the cudgel
three days, to have beaten him : by this it niaj
appear, how much I abhorred that practice.
Then was the JjCtter shewed which he wrote
to the duke of Suffolk, Mr. Wyat being then in
Southwark, that he should meet him at King-
ston-Bridge, and so to go to London with him,
although he came with the fewer compiDj.
Wyat at the first remembered no such letter ;
but when it was shewed liim, he confessed his
hand. — ^It was demanded of him, what he
meant to write to my lady Elizabeth : and afbr
his Pardon ofi^red, to refuse also the bountiful-
ness of the queen to my lady Elizabeth's grace,
among other things besides recited.
Wyat. My lords, as my fault is most vik
and heinous, for the which I ask God merer,
and next liira my sovereign lady and queen,
whom I most grievously have offended, appeal-
ing wholly to her mercy, without which I can-
not challenge any thing sithencc my offence
committed. I have served her hiahness ia '
such sort and degree as I either Comd or am '
able; for I have uttered what I know in til
things, whereby I might deliver her higbnesi
from such after peril as the conccalmeat of
traitors or treason midit prejudice or hurt: I
have done this for herhighness security, as I p
bouuden thereunto by duty and truth, which
truly I have declared ; for I think and certainly
believe, she is as careful over this reahn as oif
that her chiefest jewel : I must confess that of
all the scr\'ices I have been in, there was nerer
a more desperate journey taken in hand, and
to the end continued most desperately. And
whereas it was asked why I refiued the queen's
highncss's Pardon offered, unhappy man what
shall [ say ? — ^When I was once entered ia that
devilish dcsperateness, there was no way but
to wade tlifough with it that I had taken in
hand ; for I thought others had been as forward
as I myself; anafollowing the enterprise, used
all possible means that might endure the same,
as writing to my lady Elizabeth, and making
the Proclamation in Southwark. Well, there
resteth now in tlic queen's highness, either of
justice by death, which justly I have deserred
with Wat Tiler, to make me an open example
to the world's end : or else of her mercy to
save me, and use my service in such sort as
her hii^lmess thinks me meet and able to do :
and albeit that her grace hath this my request
in writing, yet I most humbly beseech yoa to
be a means to the queen's highness for ber
mcTcy and pity, which is my last hope and
only refuge ; and I beseech God that the
queen may be so merciful unto me, as I mean
to serve her majesty faithfully and truly. Cad'i
will be done on me. If there be but two true
men, I will be the one to die at her £nict*s
feet: — And so onde<i. The Lords promised to
be a means for him : his countenance was
doleful, and tears gushed out continuaUy.— >He
w:is afterwards executed.
Account o/WtfafiHtheUkm,
TnE following comciso AocoudI of sir Tho*
^051
statj: toiaia i Mahy
mas Wynt'sConspirticy it) fv traded iVom Unpin,
%<il. vif. p. VZ9.
" Afler ihe treaty of the cjuccn'smnrriagc with
Philip was mark* public, comphiints and nuir-
iiiurs were every where heard. The prutestnnts
in particular believed theuiseivcs Ust, and tear-
ed tu see ciected in Fln^lumi a Spaniiih inquiM-
tion. But they were not the only munnurers.
Independently of reii<rion, tlie crrentest pait of
tlie nation was not \rve from the tears of kinj^
Philip's introdiierng the Spanish tyranny into
Kngland, of which the indies, tlie i^w-'Coun-
tries, the kingdoms of Naples and Sicily, anil
Ihe dutchy of Milan, all'onled recent. in>tan-
ces. In a word, few persons could believe
that the emperor had agreed to the article^
stipulated in the treaty, with any dcsii;n to
obser\'C them. At last, these munntirs urew
into a conspiracy against the rpieen, ut' which
the marriage wi\s either tltt; cause or pretence.
The duke of Suflolk, >ir Thomas Wvat (a), sir
Peter C'arew, formed the design of a general
insurrection. Carew was to act in (.'ornwall,
Wyut in Kent, and the duke of Sntlblk in
Warwickshire, whicli is in the center of the
kingdom. C'arew managed so ill, that his plot
was discovered (b), tuid one of his complices
arrested before he had C(»nccrt(Hi his atfair»(.
This sent him into ]'Vance, and Wyat, upon his
flight, hastened the execution of his cnterprize,
tliongh it IV as the design of the conspirators to
wait tJie arrival of Philip for a more plausible
colour to their insnrrectinn. Wyat therefore
rctolvine to push his poir.t, though he was yet
unprepared, went to iMai<lstone with a few
l^illowcrs, and gave out he took up arms to
prevent England from heiii^ invadt-d. Alier-
wards he marched to Koclicstcr, hoin wliencc
he writ to tlic sheriff to dc*!:!* his a»>ii>tance.
But the sheritf, instead oi' oponr-iiig his cause,
required him to lay down liis am:-', and as-^em-
bled forces to oppo>c him. — This rebt:llion
alarmed the court (c }, where nothing was ready
to allay ir, the (|ue(:n having d ism issued her
forces, wlien she ti)oui;lit lu-rsclf out (if danger.
Wherefore >he sent a herald to Wvat with a
fiill pardon, if he would lay down his arms in
34 hours. lint he refused tlie offer of pardon.
Mean time, the court uus so unprepared, that
the duke of Norfolk was sent with only 000 of
tlic city trained-bands (d), commanded by an
otKcer named Uret. Wiiilst this was doiuL',
lljc sherilVof Kent, (e.) as he was going to join
the duke of Norfolk, met and defeated Knevet,
uho with some troops, was marching to join
(a J This sir 'J'homas Wyat had been oft cm-
ployed in i;mba*<sics, particularly in Spain ;
v^liere he had made such obM.>rvations on the
cruelty and subtilty of the S|taniards, that he
could not look, witltout a just concern, on the
miseries his country \\aa like to f/ill under.
ihimet, torn. iit. p. 'i'.M.
(if) It jreenis he was tt)o ha.-ty in ralh-ioi: nn n
and making other preparations. < io'lw. p. :mo.
(c) Tlie news of it came to London, Jauuary
Sj. Idem. p. 3il. bluw, p. (jia.
VOL. J.
]!}5i,'— for High Treason, [SOd
Wyat, and killed sixty of his men. This ill
success so alarmed W\at, that he had notv
resolved to consult his o«n safety (J), when an
unexpccltHi accident inspired him with fre>ii
countgc. Sir Otn^rge llarjier, one of Wyai's
adherents, pretending to desert him, went Ut
(he duke of Nort()lk, and so artfully managed
the trained-bands, that liiey took part with tltc
rebeU, and (putting the dn'uN joined \N yat f^'J.
— With this reintbrccment and his otlier troops,
makinji t<»i:<'thrr a bi»dv of 4,000 men, Wyat
inarched touard^ London. Me met near
Deptfoi'd two nus-^engcrs from the 'picen, wiio
in her name a^ked what would content him.
lie demanded the ro\\er and the ipiecn's per-
son to be put into his iiands, and the council
to be chanuetl as he should think proper. This
demand being rejected, the cjueen repaired to
GuildiiHll, and acrjuaiiued the magistrates with
Wyat's answer. She then spoke of her mar-
riage, and told them Aw had di>nc nothing; in it
but by the advice <jf h«.TCi»unril. And, ii* gi\e
them a' proof of th.r confidence she reposed in
them, she resolved to stay in the city, though
many advised her to withdraw to the Tower. —
Wyat in the mean time continued his march,
and reached the IxTough of Sonthwark the 3d
«>f February, expr. cling to enter the city without
any diiiiculty. iii.t. the bridge being strongly
barricaded and Licirded, he was obligcii to
march along the Thames to Kingston, ten milei
t'n>m ]^>ndon. ili re he foiinrl the bridge brfi-
ken, and spent ^omc hours in repairing it. lie
then pa>sed t<i tlie other side with his army,
increased now to near (},000 men. Alter ili.a,
he continued his march i<i London, i nd alter
some time lost in repairinc:. one ot his broken
carriages, reaclie-d llyde-Park aboni nine in the
morning, the 7th of February. The time un-
sea*onui)ly spent in repairing the caniage, ren-
dered his undertaking alujrtive. For in that
interval Ilar|>er, who had l>een so serviceable
in brin<!ing over the trainod-hands, de-^erted,
and postii)=z to court, di:ico\ered his intenti'UH
to march (hrongh Westminster, and enier tin*
city b\ J.iid>iat(:. This advice came se;:-.>nab!y
t(* (he earl of Pembroke and lorrl (.linto**, uho,
at. the head of sunn* trooj)"*, had ie-»l\i:'l to
ensiaL'.e him as he enteii'd the cilv, Ihjt, (»iw
serviiii; he w:ts tntanuhng hnn^eif ni the '-re* t^
where In; conld not evieml hi- iroiii>, tluv
thought it belter to let him p.ibs, after mtiei-i
i:i\t;n to "hnt the L'ate through uiiii'li lie i!. ■
>. lined ti> ei:l«-r. — W\at sliii }nT[)-)-'-(>e'i tiniL
(d) live Inni'.lnd, says (iodwin, ioge:!itr
vvilli the <)U«-<'n*s tiaaiiis. Ilml.
{( ) Sji- Hob. Soii!.!i\vtll, liolini.s'i. p. l(»'.n.
' t) iie WIS seen i * v. i\-i), and »*alied lor a
coat wlnrh lie stalled \«:ih moiu-v, designing to
creafte. Iliirn< t, p. 'lx\'y.
( i; ; Tln-renp')!! the dnke of Nm'folU il* *I,
tiiiioiij' r uith till- e;irl Oi' Arundel, and «-ir llrnry
.hrneiiJin, captain of the guani IJii! U ;.ttt
coining np that nunnent with a |> *r(y of hm'^e,
intercepted the re^l; and seized eight brass guns,
and all Norfolk's bagj^age. Cudwui^ p. 341
S()7] STATE TRIALS, 1 ]Mary, loSU—Anaisnmcnt of Sir Thomas JVyat. [865
the citizens would favour Iiis undertaking, left
his cannon under a guard at Hyde-Park, and
entering Westminster (h)^ pursued his march
through the Strand, in his way to Ludgate. As
he advanced, care was taken to cut ofFhis re-
treat hy hiirricades and men placed at all the
nvenues. He believed himself now at the height
of his wishes, when he found the gate inlo the
city shut iigainst him. He then first discovered
his danger, and, perceiving it was impossible to
retire, lo»t all courage. As he was endeavour-
ing to return, a herald came to him, and ex-
horting him not to sacrifice the lives of so many
followers, he surrendered quietly, and was sent
to prison. This unfortunate man, who doubt-
less had hut a slender capacity, foolishly inia-
ginedf without having good assurances, that the
city of London would declare in his favour,
and that proved his ruin. If his metisurcs had
been better taken, the queen and her ministers
would have been greatly embarrassed, at a
time when the government, weak as it was,
had already created many enemies. But the
ill success of this enterprise so strengthened
the queen's authority, that henceforward she
found no more resistance. After the taking of
W'yat, his men being dispersed, were taken at
pleasure, and filled the prisons.
While Wyat was acting in Kent and London,
the duke of Suffolk had made but small pro-
f^ress in the county of Warwick. He would
not have been so much as suspected, had not
an express been seized, sent to him by Wyat
to inform him of the reasons which had obliged
him to hasten his undertaking, and to pray him
4o be as expeditious as possible. Upon^ this
advice, the earl of Huntington had orders to
arrest him. Tlie duke was informed, and being
not yet secure of fifty horse, chose to conceal
himself in the house of one of his domestics,
who basely betrayed him to tlie earl of Hun-
tington, by whom he was conveved to the
Tower the 11th of February. Such was the
success of this conspiracy. Had it been ma-
naged by abler heads, it might have been at-
tended with great consequences. But few men
of reputation cared to put themselves under
the conduct of such leaders. If it had caused
only the death of the principal actors, they
might have been said to meet the just reward
of their folly. But it produced two consider-
able .ef&cts, one fatal to an illustrious and in-
nocent person, and the other to all protestiuics.
Not that religion had any share ni the con-
spiracy, Wyat himself btung a Homnn catholic,
and the queen in her proclamation not accus-
ing the protestant*:, thou«;h since some histo-
rians have been pleased to biund them. But
as thp queen's authority was strengthened by
the ill succi'ss of this undertaking, she turned
(h) He advance<l with five companies to-
fvards Ludgate, wliiUt Cuthbert Vaughan, with
two companies more, marched towards West-
minster. AtCharing-cross, sir John Gage lord
chamberlain, went to oppose Wyat, but retired
in diMirder. GodwiO; p. 342.
it entirely to the ruin of the refonned and the
reformation. The duke of Suffolk being con-
cerned in the conspiracy, the court easily un-
derstood his design was to replace his daughter
the lady Jane on the throne ; and this deter-
mined the queen to sacritice her to her own
safety.
" Two days after the taking of Wyat a mes-
sage was sent to Jane (/rev and her husband
to bid them prepare for death. Jane, as she
had long expected it, received the mcss;tge with
great resolution. Mean while, Dr. Fecknam
who brought it, and had orders to exhort tier
to change her religion, prc})0stcrous]y imagin-
ing she desired some time to be detennined,
obtained three days respite of her execution.
But she let him know, it was no satisfaction tu
her. She was well assured, the jealousy of tl:e
government would not sufier her to live, and
therefore she had employed the \% hole thuc of
her conlhiement in a prepunilion fur death.
Some have believed, tlmt without this last at-
tempt of the duke of Suffolk, the quein uould
have spared his daugliter. But ait afterward)
such numbers were- put to death for Uteir reli-
gion, it is not likely that Jane, so firmly at-
tached to the protestant religion, would have
been more mercifully used than the rest, even
though the queen could have prevailed nith
herself to pardon her treason. Be this as it
will, she was executed the 12th of February',
after seeing the headless body of her hus-
band pass by her, as he was brought back
from execution to be interred in the. chapel of
the Tower. She shewed to the last moment
a great constancy and piety, and an imuio-
veaMe adherence, to tlie reformation, otruing
however herself <:nilty of a great sin in accept-
ing a crown which belonged not to her. 'i lie
duke of Suffolk her father was tried the 17ih
of ^he same month, and executed the '2h(.
with great grief for having been the cause oi
hib daughter's death.
" Next, Wyat wns brought to his trial, wlicre
ho ottered to make great discoveries, if his lite
might be saved. He accused even the prinlt^s
Klizabcth and the earl of Devonshire as nin-
cerned in the conspiracy. This did not prevcin
his sentence, but only gained him a respite ot
two months, because of the hopes of drawing
from him considerable discoveries. Mean iinie
the earl of Devonshire was committed to ti.e
Tower, and the princess £lizal>cth, though in-
disposed, was brought to London and clo>ciy
confined in Whitehall, without liberty tospeuk
to any person. On the lllh of March follow-
ing she was sent to the Tower. — ^Thc 14th aixi
1 jth of Fehruarj', Bret, commander of Wyai's
forces and 53 more, were hanged. Some davs
after, (jOO prisoners with hidters about tlieir
necks waited on the queen, and received their
pardon. But this was not capable to efiace
the impression made in roeii*s minds by so
many executions for a conspiracy in which was
no effusion of blood. The fiiult was thrown oo
Gardiner, who was accused of leading the
queen to au excessiTe jealousj of heraiithority,
869] STATE TRIALS, 1 Mary, \55^.— Trial qf Sir Nic. Throckmorton. [870
and the most extreme rigoar. An afFair hap-
pened at the same time, which also greatly
alarmed and filled the people with fears ot' the
queen *:i intending to rule with too extensive
a p«iwer. Sir Nicholas Throgmorton being ac-
cused and tried us an accomplice in the con-
spiracy, was acquitted by his Jury for want of
sufficient proof to condemn him. For this the
jury were severely fined. So the juries were
deprived of the liberty of judging according to
their consciences, and instead of being governed
by proofs, they were to examine now the
court stood aftected to the prisoners, and by
that determine their verdictt This rigour ex-
ercised upon the jury was fatal to sir John
Throgmorton, who was found guilty upon the
same evidence on which his brother had been
acquitted.
The respite granted to Wyat had a quite
contrary etfect to what the court expected.
This unhappy man, who had accused Elizabeth
and the earl of Devonshire only in hopes of a
pai*don, finding lie must die, fully cleared them
in his second examination : and for fear his last
declaration should be suppressed, he renewed
it at the place of execution. lie was executed
on the 11th of April 1564.
52. The Trial of Sir Nicholas Throckmortox, knight, in the
Guildhall of London, for High Treason : 1 Mary, April 17,
1554: Together with the Proceedings against Sir Nicholas
Throckmorton's Jury. [3 Hollingshead, 1104, 1121, 1126.]
1 (IE Commissioners appointed to try him
were, sir Thomas Wliite, knight, lord mayor of
London, the earl of Shrewsbury, the euvl of
Derby, sir Tho. Bromley, lord chief justice of
England, sir Nicholas Hare, master of the
Rolls, sir Francis EngleBeld, master of the
court of wards and liberties; sir R. Southwell,
one of the privy-council ; sir Edw. Walgrave, one
of the privy-council ; sir Roger Cholraelcy ; sir
Wm. Portemao, one of the justices of the
kingVbench ; sir Edw. Saunders, one of the
justices of the common pleas ; master Stanford
and master Dyer, sergeants ; muster Edward
Gritlin, attorney general ; master SendaU, and
Peter Tichborne, clerks of the crown.
First, after Proclamation made, and the
Commission read, the lieutenant of the Towec,
master Tho. Bridges, brought the prisoner to
the bar: then silence was commanded, and
SendaU said to the prisoner ns followeth :
SendaU, Nicholas Throckmorton, knij^ht,
hold up thy hand. Thou art before this tune
indicted ot High-Treason, &'c. that thou then
ond there didst falsly and traiterously,d:c. con-
spire and imagine the death of the queen's ma-
jesty, &c. and falsly and traiterously did levy
war against the queen within her realm, &c.
and also thou was adherent to the queen's ene-
mies witliin her realm, giving to them aid and
couifort, &c. and also falsly and traiterously
did conspire and intend to depose and deprive
the queen of her royal estate, and so finally
destroy her, &c. and also thou didst falsly and
traiterously devise and conclude to take vio-
lently the Tower of London, &c. Of all wliich
Treasons and every of them in manner and
fonn, j&c. art thou Guilty or Not guilty ?
Throckmorton, May it please you my lords
and masters, which be authorised by the queen's
commission to be judges this day, to give n\c
leave to speak a few words, which doth both
concern you and me, before I answer to the
IndJctaieii^ and not altogether impertiueut to
the matter, and then plead to the Indict-
ment.
Bromletf, No, the order is not so, you must
first plead whether you be guilty or no.
Throckmorton. If that be your order and
law, judge accordingly to it.
Hare, You must first answer to the matter
wherewith you are charged, and then you may
talk at your pleasure. 9
2%rockmorton. But things spoken out of
place were as good not spoken,
Bromley, These be but delays to spend
time, therefore answer as the law willeth you.
T/irochnorlon, My lords, I pray you make
nut too much haste with me, neither think not
long for your dinner, for my case requireth lei-
sure, and you have well dined when you have
done justice truely. Christ said, ' Blessed are
they that hunger and thirst for righteous-
ness.*
Bromley, I can forbear my dinner as well
us you, and care as little as you peradventure.
hhrtwthury. Come you hither to check us,
Throckmorton? we will not be so used, no,
no, I for my part have forborn my breakfast,
dinner and supper, to serve the queen.
Throckmorton, Yea, my good lord, I know
it right well: I meant not to touch, your lord-
ship, for your service and paiiis is evidently
known to all men.
SouthuelL Mr. Throckmorton, this talk need
not, we know what we have to do, and you
would teach us our duties; you hurt your
matter, go to ! go to I
Throckmorton. M. Southwell, you mistake
me, I meant not to teach you, nor none of you,
but to remember )ou of that 1 tnist you all be
well instructed in, and so I satisfy myself, since
I shall not speak, tliinkiog you all know what
you have to do, or ought to know, so I will an-
swer to the Indictment, and do plead Not guilty
to the whole, and to every part thereof.
Scudall, How wilt thou be tried ?
«7I] STATE TRIAI^;, I Mary, \ :> 5 l.-^-Thc Trial of Sir Nicholas Virockmorion, [$V2
ThnKhuorton, Shall I be tried us 1 would^ | iiiuster Scrjeanr, and the others my masten of
or as I should ? i tho Queen's learned conn<>el, hke as I was
liromln/, Y(mi shall he trii*d as the law will, j minded to have ^aid a icw words to the Con^
and tiit'i'ci'ure you um^l s.ty, by Gud and by the
ciiuntry.
Thivvhnorton, Isihat voiir law for nie ? It
i* not as I would ; hut s nee you wdl have it so,
I a:n pUMMe<i with ir, and do de'iiie to be tried
by Itti'.htul ju>t men, which uiure tear (iod
than the world.
niissioncrs, it* L might have had leave, t'or tlieir
better remcmbnuice of their duties in thi>placi.>
ot" justice, and eonccrnino; direct indiffcrency
to be u«4ed towards me this dav ; ^o bv vour
patience I do think good to say somewhat to
you, and to the rest of the <ju«»en's learned
council, nppointcfl to iiive evidence against
'J he Names of the Jurors were, Luv'as,Yoni:, i nic, and albeit you and the rest by order
Martyn, lUswicke, Ijascatield, Kijihtlcy, Txiwe, ; lie appointed tt) j:ive cvidenrt? ajTain^^t nie,
Whel>ton, Pointer, Bunkes, Caltiit»r{>, Cater, i and entertained to set forth the J.)epo>itio«»
Vh.\t time the Altornev went forlhuilh to Mr. I and Matter uiiainst mc, vet 1 pray >ou re-
i'holmlev, and shewed him the sheritVs return, | member I am not alienate from vou, but that
wht) being aci)uaintcd with the citizens, know- I I am yi<ar Christian brother? neither you so
i.ii: the coiruplions and dexiciiiies of then» in ; diarged, but you oui;lit to considir ecpiiiy, nt-r
fiutb case-, noted ccitain t(^ be challenj^cci ti»r i yet so pri\iieij;(!d, but that you ha\e a duty of
tl'.f: »(MCtn, (w rare case) and the sanu^ men (.iod appointed you how you shall do your
Liinu knoun to be >uihciei>t ai:ii indilferent,
himI th:ir lUi exrc[uions were to be taken to
them, but only l';r thi ir opii^ht honesties, n«Jt-
V fih>t:"!i'lin«'. the Arin-.-iuy prompting serjeant
I ):er ; the >aitl xcijeani ei.idh'niicd out l'»:uon,
and iiM'iliir cili/.rn peremptorily I'or thf (pictfn.
Tin :i \\ \.- I ii>oner demanded the <au-*e of the
ci»d!e:'j.-: l!u' scrjciant all'*^^eJcd, >ve ne« d
ii"l -:>i ■■•. Xv'ii till' cau*»e ot till- < linlIen;^o for
\\,v' ij^fi.-. 'riH;n ilic ln<pi« >t xNn-* t'urni'»hivi
\\itl;olI;ir Ldnt-Nl iin 'i, iii;\t is i.isiy, \\ htt-
5t»»n ar.d I.'..e;i^. 5'i tl.e pii.-oncr UasiyX tiie.-e
w.)rrlj> :
Lhio^Lrt); ton. 1 trust ynii l",vc not pro-
\ided lor IMC I'-is day, :'.s in tinu-^pM^r I uinw
another ^iuileman r.. ru)iyin^ ihi> uolul place
was pro\idctl f.)r. Ft chanced one of the .his-
liccs upon jrulcusy nf the prisoncr'.s ac(]uittal,
for the i:iti)i|iK'?A of h:> cau>e, said to another ot
bi^n)mpani(»ns, a i'l-^liit-, uhen the jury did ap-
pear, I like not this jury for our [unpo^ic, ihcy
ftcent tit be too pitiful ami too cbaiitable to con-
demn the pristiner. No, no, y.\'n\ the « iIki-
Ji.'I.^c (\i/. Cl.oImU v"; [varrant viai, llii\bc
picked fvilows tor the nonce, he sliiill (!ii:ik oi'
the s.mie cup Ins Ull.iv%s lja\c done. J was
thru a looker on of the j^aijcant ar. o:'\-.?i be
n;)w here', but now wo is mc, 1 ;Mn a ith.ver in
-I . .-1 1.. WW .• * .1. ...I ..I
olhcc, which if you exceed, will be grievously
required at your hands. It is law ful tor you tt)
use your tjifts, which I know G<»d hath l.irgely
given you, as your IcarnioL', art and eloquence,
so ;is tliereby you do not reduce the inmds of
ti.e 'iinpli' and unlearned Jury, to credit mat-
ters orherwisn than thry be. Vor master Ser-
jeant, I knowhoXv l»y pcr.suaiion>, enforcemenl^,
prcsun)]»ron«, apjilsinc, impiynii:, inferrinj!,
copjmurinjij, dcducinc of ari:uu>cnts, wrcstinj;
ami I \c( edin«jj the law, the circum^tae.ce^ thu
depo'-jfjon^ and Ci-iifessiou-., that unlearned
men niity be enchiinted to think and judjie
tljosv I'.iat be thiuiis imiiiVcrei'.t, or at the worst
but ov. r^i::!::s, to be i;riMt Treasons; such
power orntois have, and >iich iiinorance tlie
uiileiirncd h'«\c. Ahr.i^jihty (iod by the mouth
of i',i:> pioplh-t, floih cor.CHiile such advocntc*
be cMr-«*d, s|eakinj; fhc^e worcN, * Curbed I c
Vv ilijt doth his ofiico ernflilv, rorruntlv, and
lu'di 'iiAi'lv.' And eon-ider ^Isn, ih;:t \\\t
b!o{)d '•hall l.»e ro.|fiired at your hand?, ::n«f
iMm'-hed in v m and vuur*, to tlie tl'i.d a'nl
t")urth K'-'i^cration. NofAith^tantiiPt: \,>u nwX
I lie Ju-rices e\cu<e ;'l\\av> -ucli erroncnus Uc-
in:i=, wlirn they be after ca!k-d in «jue*Ji-m h"*
the X'erdict of tiie twt!\e men ; but 1 a^<uru
v.>n. tlie p::rL:aliv)n sC5\ith \)u as it did
that woful tragcdv. Will, lor iIum- and ^ucb j ril.«te, a!vl y::i wmsIi \''ur.' h.inds i»f the blooi-
s| <•,!. a> IMiite did oi ( l.ri-:'-. And now i-j
vour m-^Tti r.
S*ftvf'i'r:i. Auii it |!l.>o yen. my Innls, J
bjiiV't :i«ir to iir>VL- c\ i li i:tlv and maiiiJesilv,
other like tliC blai k o\ hath oll:*!^- ir >ildrn on
bomc of tl.t ir tei :. ' ^-i n>y tiu-t i-. I >hall not j
be ;J;» LSI J. — U ii.'.-I t!.I>tM!k «;•.<, ( !it>lmlev I
•
cou'-ulted With li.e A'.tt'intv al»out li:e.Jmv.
^\hicli the pil-'-inr e-pu"-.l. a:.d t'.iu said a- h< re '
rn-i:* ;i:. .\i., aii. J.'..-ttr ( h«'ii;i!iy, \'^dl this
tbul p'-iik'ni; e.-.v^r 1 . K ''i r
('.".'.■■.'« /t ;/. U:;V'.-" ltd.! I, pruv >ou, Mr,
Tliroi N»n i: ■:) r I d:d l^olhii'i:. 1 a:n ^urc von
;.ir' *. . - Ii* u;e.
\\'. il iii^^r- .- Chol.nl* ■. . it
1 tl * ft ' ft\ »h
•r .
I- I ,
ti.nt Tin-ovxi-K rt"n is vv.irih-.ly and rijl-.tiy
indicted ;-nil :!r:a::_ned t,i t:;t5e Trca'^on'i, ai;:!
that he wa;* a p;.:u.ip;'.! -I "• "Cr, procurtr i^'A
cor.trivrr of tin- hiti- iCcl-^i.oP, and that \V\.it
*
w:!« liut bis n.:ni-:er. M-o-. .•.a\ ^^'U. rhr'>ek-
m-«it. !i, did not yu -rid \Vinrtr to \V\ai
ii.f) Kent, anrl dill dt%:<e i}ril tl:c Tower i«f
yo.i i!.> wt .:. .; .-. ' . tr^r :*». x . <.'od bt.I:» \.ju. j London "-bould be ti.I.tn, wi:h t.»th« r Instruc-
li.eJuiy IJ: :i w . -. >\\i!;n. ;. 1 Tr.- !:.i:i:i- • ti-.'n.s coni'erninj: \Vy:'.:*- "lir :in 1 rpbclhon ?
t: 1. :m.^Ic, ii ■ wlj ••« iiv^r wo.il.l i:ive I^vI.^•rJCl' j 'r'trttci. . oit-.'-i. r»iay it please }o;i that I
:■._ ...>t ^:r N.cli.'i:s< 1'! ri>ckmcrton, kni;jht, j -hall ans\%or particularly to the matters oh-
klu'Uld I -iiwc i:i and be hv'art), fer the priatuur let tLiI a>:nin<^t me. in a« iiMw*h a« mv mi'niur^'
stotifl upiui l.i^ dcl:\crance : whereupon ser- is n.it c^ihI. nnrl tlie same much drr:iyo(i since
jeant Staaturd prcacntrd hiniKlf to spvak. luy ericvou« iinprivininent. i«ith want of sleep,
ThroikaiiiriM, And it nwj pMpc yv^ and oiher disqautncss : [ contest 1 did say m
873]
STATE TRIALS, 1 Mary, ISS^.^Jor High Treatm.
[874.
Winter, that Wyat was desirous to speak with
him, as I understood.
Stanford, Yca^ir, andyoucfevised together of
the taking of the Tower of London, and of the
other great treasons.
Throckmorton, No, I did not so ; prove it.
Stanford. Yes sir, you met with Winter sun-
dry times, as shall appear, and in sundry places.
Throckmorton. • 'I'hat granted, proveth no
such matter as is supposed in the indictment.
Stanford read Winter's Confession, which
was of this etlect ; 'That Throckmorton met
with Winter one day in Tower-street, and told
liim, that sir Thomas Wyat was desirous to
speak with him, and Winter demanded where
Wyat was : Throckmorton answered, at his
house in Kent, not far from Gillingham, as I
heard say, where the ships he. Then they
parted at that time, and shortly after Throck-
morton met with Winter, unto whom Winter
said. Master W^yat doth much mishke the com-
ing of the Spaniards into this reahn, and fear-
eth their short arrival liere in as much as daily
he beareth thereof; d«)ih see .daily divers of
them arrive here, scattered like soldiers ; and
therefore he thinketh good the Tower of Lon-
don should be taken by a sleight, before the
prince came, lest that piece ])e delivered to
the Spaniards. How say you Throckmorton to
it? Throckmorton answered, I mishke it for
divers respects ; even so do I, said Winter.
At another time Throckmorton met me the
said Winter in Paul's, when he had sent one
to my house to seek me before ; and he said to
me, you are Admiral of tlic Fleet that now
goeth into Spain, 1 answered, yea. Throck-
morton said, when will your ships be ready? I
said, %vithin ten days. Throckmorton said,
I understand you are appointed to conduct and
carry the Lord Priv-y Seal into Spain ; and
considering the danger of the Frenchmen,
which you say arm them to the sea apace, me
think it well done, you put m^ said lord and his
train on land in the West country to avoid all
danger. Throckmorton said also, that Wyat
changed his purpose, for taking the Tower of
London : I said I was glad of it ; and as for
the Frenchmen, T care not much for tliem, I
will so handle the matter, that the queen's ships
shall be I warrant you in safeguard. Another
time I met with Mr. Throckmorton when I
came from the emperor's ambassador's, unto
whom I declared, thnt the emperor had sent
me a fair chinn, and showed it unto Throck-
morton, who sai'i, For this chain you have
sold vonr country. I said, it is neither French
king nor emperor tfitit cnn make me sell my
country, hut 1 will be a true Englishman :
then they parted. Tt;is is the suiu of the talk
betwixt Throcktviorlon and Winter.'
Stanford. Now my masters of the Jury,
you have heard my s?.yini';s conllrmrd with
Winter's Confes^iion : how say y^)'! Throck-
morton, can you deny it ? if you xvill, you shall
have Winter juptifv it to vonr fare .
Throckmorton. My lords, shall it please you
that 1 shall answer ?
Bromley, Yea, say your mind.
Throckmorton. I may truly deny some part -
of this Confession; but l)ecausc there is no-
thing material greatly, I suppose the whole to
be true, and what is herein deposed, sufficient
to bring me within the compass of the Indict-
ment,
Stanford. It appeareth that you were of
counsel with Wvat, inasmuch as vou sent Win-
tcr down to him, who uttered unto him divers
traitorous devices.
Throckmorton. This is but conjectural ; yet
since you will construe so maliciously, I will
recount how I sent Winter to Wyat : and then
I pray you of the Jury, judge better than master
Serjeant doth. I met by chance a servant of
master Wyat's, who demanded of me for Win-
ter, and shewed me, that his master would
gladly speak with him ; and sa without any
further declaration, desired me, if I met Win-
ter, to tell him master Wyat's mind, and where
he was. Thus much for the sending down of
Winter.
Attorney, Yea, sir, but how say you to the
taking of the Tower of London, which is trea-
son?
Throckmorton. I answer, though Wyat
thought meet to attempt so dangerous an en- .
terprize, and that Winter informed me of ir,
you cannot extend Wyat's devices to be mine,
and to bring me within the compass of Treason ;
for what manner of reasoning or proof is this,
Wyat would have taken the Tower, er^o Throck-
morton is a Traitor ? Winter dotli make my
purgation in his own Confession, even now
read as it was by master Serjeant, though I
S!vy nothing ; for Winter doth avow there, that
I did much mislike it. And because you shall
the better understand that I did always not
allow these master Wyat's devices, J haa these
words to Winter, when he informed me of it;
I tliink master- Wyat would no Kuglishmau
hurt, and this enterprize cannot be done with-
out the hurt and slaughter of both parlies ; for
1 know him that hath the charge of the peace,
and his brother, both men of good service ; the
\ one had in charge a piece of great importance,
Boulogne I mean, which was stoutly assailed,
and notwithstanding he made a good account
of it for his time, that like I am sure he will do
by this his charge. Moreover, to account the
taking of the 'I'ower is very dans^erous by the
law. These were my words to Winter. And
besides, it is very unlike, that I of all men
would confederate in such a matter against the
Lieutenant of the Tower, whose daughter my
brother hath married, and his house and mine
allied together by marriage sundry times within
these few years.
Hare. Bat how say you to this, that Wyat
and yon had conference together kundry times
at Warner's house, and in other-places?
Throckmorion. This is a very general
chari!0\ to have conference ; but why was it
not as lawftd for me to confer with Wyat, as
with you, or any other man ? I theu k^^va vv5i
I mqre by WyAl, lW\ \>^ uxvn Q>^isix% ^mcA \.v\
875] STATE TRIALS, I Mary, lj5i.— r/<« Trial qf Sir NicMas Tlirockmorton, [870
prove to talk with Wyat was lawful and im
ditiferent, tlie Inst day \ did talk with Wyat, I
saw my lord of Arundel, with other noblemen
and gentlemen, talk with him familiarly in the
chamber of presence.
Hare, Hut they did not conspire nor talk
of any stir aj^ainst the Spaniards as you did
pretend, and meant it against the queen ; for
you, Crofces, Rogers and Warner, cjid oHen-
times devise in Warner's house about your
traitorous purposes, or else what did you so
often there ?
ThroekmortoH. I confess I did mishke the
queen's Marriage with Spain, and also the
coming of the Spaniards hither; and th^ me
thought I had reason to do so, for I did learn
the reasons of oiy misliking of you master Hare,
master Southwell, and others in the parliament
house; there I did see the whole consent of
the realm against it ; and I a hearer, but no
speaker, did learn my misliking of those mat-
ters, confirmed by many sundry reasons
amongst you : but as concerning any stir or
uproar against the Spaniards, I nerer made
any, neither procured any to be made ; and
for my mucli resort to master Warner's house,
it was not to confer with master Wyat, but to
shew my friendshi[> to my very good lord the
marquis of Northampton, who was lodged
there when he was enlarged.
Stanford, Did not you, Throckmorton, tell
Winter iliat Wyat had changed his mind for
the taking of the Tower; whereby it appeared
evidently that you knew of his domgs?
lytrackmorlvu. Truly l did not tell him so,
but I care not greatly to give you that weapon
to play you wiihal : now let us see what you
can make of it ?
Stanford, Yea, sir, that proveth that you
were privy to Wyat's mind in all his devices
and treasons, and that there was sending be-
twixt yon and Wyat from time to time.
Throckmorton. What Mr. Serjeant, doth
this prove against me, that I knew Wyat did
repent him of an evil devised enterprise? Is it
to know Wyut's repentance, sin? No, it is
but a venial sin ; if it be any, it is not deadly.
But where is the messenger or message that
Wyat sent to me touching his alteration ? and
yet it was lawful enough for me to hear from
Wyat at that time, as front any other man, for
any act that I knew he had done.
Dyer. And it may please yr)U my lords,
and you my masters ot the Jury, to prove that
Throckmorton is u principal doer in this Re*
bellion, there is yet many other things to be
declared : amongst other, there is Crolles*s Con-
fession, who sayeth, that he and you and your
accompHccs, did many times devise about the
whole matters, and he made you privy to all
bis determinations, and you shewed him tiiat
you would i;o into the west country with the
earl of Devon, to sir Peter Caroe, accompanied
with others.
Throckmorton. Matter Croft es is yet living,
and if here this day ; Ikiw happeneth it he
in oot brought £u:e to (tuct to juttily this
matter, neither hath been of all this time?
Will you know the truth ? either he said not
so, or he will not abide by it, but honestly
hath reformed himself. And us for knoning
his devices, \ was so well acquainted with them,
that I can name none of them, nor you neither,
as matter knotvn to me.
Attorney. But why did you advise Winter
to land my lord privy seal in the west countrv ?
Throckmorton. lie that told you that inv
mind was to land him there, doth partly tril
you a reason why I said so, if you would remein-
ber as well the one as the other ; but because
you are so forj^etful, I will recite wherefore :
In communication betwixt Winter and me, as
he declared to me that the Spaniardi^ provided
to bring their prince hither, so the Frenchmen
prepared to interrupt his arrival, for they be^a^
to arm to the sea, and had already certain ships
on the west coast, as he heard, unto whom I
said, that peradventure not only the queeifs
ships under his charge might be in jeopardy, but
also my lord privy seal, and all hLs train, the
Frenchmen being well prepared to meet with
them ; and tlierefore for tUl events it were good
you should put my said lord in the west coun-
try, in case you espy any jeopardy. But what
doth this prove to the treasons, if I were not
able to give convenient reasons to my talk ?
.Statifbrd. Marry, sir, now cometli the proofs
of your Treasons: you shall hear what Cutbert
\''aughan sayeth against you.
Then serjeant Stanford did read Vaughan's
Confession tending to this effect. That Vauglian
coming out of Kent, met with Throckmorton at
Mr. Warner's house, who after he had dune
commendations from Wyat to him, desired to
know where Crofts was; Throckmorton an-
swered, either at Arundel house where he lodg-
eth, or in Paul's. Then V'aughau desired to
know how things went at London, laying, Mr.
Wyat and we of Kent do much mutlike the
Marriage with Spain, and the coming of the
Spaniards for divers respects ; howbeit, if other
countries mislike them as Kent doth, they sluill
he but hardly welcome : and so they parted.
Shortly after Throckmorton met with Vauglian
in Paul's, unto whom Throckmorton dedareii
with sundry circumstances, that the western men
were in resuiiness to come forwards ; and liiut
sir Peter Caroe had sent unto him even nun-,
and that he had in order a good band of horse-
men, and another of footmen. Then Vuu^hau
demanded what the earl of Devon would do ;
Throckmorton answered he will mar all, tur
he will not go hence ; and yet sir Peter Caroe
would meet him with a band both of hon>enu-Ji
and footmen, by the way of Andovcr, for h"
safeguard ; and altiO he should have been well
accompanied from hence with other gentlemen,
yet all tliis will not move him to depart hence.
Moreover, the said earl liath, as is said, diKO-
vered all the whole matter to the chancellor, or
else it is come out by his tailor, about the trim-
ming of a shirt of mail, and the makioe of a
cloak. At another time, Vaughan laitfapThrocL-
mortoQ thewed him, that Im luid tent • post to
877]
STATE TRIALS, 1 Mart, 155A.—Jbr High Treaum.
[878
sir Peter Curoe to come forward with as much
speed as might be, and to bring his force with
liim. And also Throckmorton advised Voughan
to will Mr. Wyat come forward with his power,
for now was the time, inasmuch as the Lon-
doners would take his part, if the matter were
presented unto them. Vaughart said also, that
dirockmorton and Warner should have ridden
with the said earl westward. Moreover, the
said Vaughan deposed, that Throckmorton
shewed him in talk of the earl of Pembroke,
that the said earl would not fight against them,
though be would not take their parts. Also
Vau^an said, That Throckmorton shewed him
that he would ride down to Berkshire to sir
Francis Englefield's house, there to meet his el-
dest brother, to move him to take his part. And
iliis was the sum of Cutbert Vaughan's Confes-
sion:
Stanford. How say you, doth not here ap-'
pear evident matter to prove vou a principal,
VI ho not only gave order to.sir i?eterCaroe and
his adherents, for their rebellious acts in the
west country ; but also procured Wyat to make
his Rebellion, appointing him and the others
also, when they should attempt their enterprise,
and how they should order their doings from
time to time ? besides all this evident matter,
yuu were specially appointed to go away with
the earl of Devon, as one that would direct all
tilings, and give order to all men ; and there-
fore Throckmorton, since this matter is so ma-
nifest, and tlie evidence so apparent, I would
advise you to confess your fault, and submit
yourself to the queen's mercy.
Bromley, How say you, will you confess the
m^itter? and it will be best for you.
Throckmorton, No, I will never accuse my-
self unjustly ; but inasmuch as I am come
hither to be tried, I pray you let me have the
law favourably.
Attorney/, It is apparent that you lay at
London as a factor, to give intelligence as well
to them in tlie west, as to NVyat in Kent.
Turockmorton, How prove you that, or who
dotii accuse me but this condemned man ?
Aitorney. Why, will vou deny this matter ?
you shall have Vaughan justify his whole Con-
icssion here before your face.
Throckmorton, it shall not need, I know his
uoshamefacedness, he hath avowed some of this
untrue talk before this time tu my face; and it
is not otherwise like, considering the price, but
he will do the same again.
Attorney, My lords and mastei*s, you shall
have Vaughan to justify this here before you all,
and confirm it with a book oath.
Throckmorton. He that hiitli said and lied,
will not, b«iiig in this case, stick to swear and
he.
Then was Cutbert Vaoghan brought into
the open Court.
Sendali. How say you, Cutbert Vaughan,
is thif yoor own Confession, and will you abide
by aU tbftt it here written ?
V^ugktm/ Let me see it, and I will tell you.
Tbea tab Confettioa was shewed him.
Attorney, Because you of the jury the bet*
ter may credit him, I pray you my lords let
Vaughan be sworn.
Then was Vaughan sworn on a book to say
notliing hut the truth.
Vaughan, It may please you my lords and
masters, I could have been well content to
have chose 7 years imprisonment, though I had
been a free man in the law, rather than I would
this day have given evidence against sir Ni-
cholas Throckmorton, unto whom I bear no dis-
pleasure ; but sithence I must needs confess my
knowledge, I must confess utl that is there
written is true. How say you Mr. Throckmor-
ton , was there any displeasure between you
and me, to move uie to say aught against you ?
Throckmorton, Not, that I know : how say
you Vaughan, what acquaintance was there
between you and me, and what letters of ere-
I dit, or token did you bring roe from Wyat, or
any other, to move me to trust you ?
Vaughan, As for acquaintance, I knew yoa
as I did other gentlemen ; and as for letters, I
brought you none other but commendations
from Mr. Wyat, as I did to divers other of his
acquaintance at London.
Throckmorton, You might as well forge the
commendations as the rest ; but if you have
done with Vaughan, my lords, I pray you give
me leave to answer.
Bromley, Speak, and be short.
Throckmorton, I speak generally to all that
be here present, but especially to you of my
jury, touching the credit of \'auglian*s Depo-
sitions against me, a condemned man ; and af-
ter to 'the matter: and note, I prny you, the
circumstances, tlie better to induce simiewhat
material. First, I pray you remember the
smsUl familiarity betwixt Vaughan and me, as
he hath avowed before you, and moreover, to
firocure credit at my hand, he brought neither
etter nor token from Wyat, nor from any other
to me, which he also hath confessed here, and I
will suppose Vaughan to be in as good condition
as any other man here, that is to say, an uncon-
demned man; yet I refer it to your good judg-
ment, whether it were like that I knowing only
Vaughan's person from another man, and hav-
ing none other acquaintance with him, would
so frankly discover my mind to him in so dan-
gerous a matter. How like, I say, is this, when
divers of these gentlemen now in captivity, be-
ing my very familiars, could not depose any
such matter against me, and nevertheless upon
their examinations have said what they could ?
And though I be no wise man, I am iiot so rash
to utter to an unknown man, for so may I call
him in comparison, a matter so dangerous for
mc to speak, and him to hear ; but because
my troth and his Hibhood shall the better ap-
pear unto YOU, I will declare his inconstancy in
uttering this his evidence; and for my better
credit, it may please you, Mr. Southwell, I take
you to witness, when Vaughan first justified
this his unjust accusation ugainst me before the
lord Paget, the lord chamberlain, you Mr,
Southwell, and others, he tt^^ix^^ w^ c^ixv^x-
879] STATE TRIALS, 1 Mary, 1554.—
mutiun of Uiis surmised mutter to a letter sent
from liim to sir Tlio. VVyut; wliicli ieiter clotli
neither appear, nor any Testimony of the said
Mr. Wyiit against me toiiching the mutter : for
1 doubt not sir Tho. Wyat hatli been examined
of me, and bath said what he could dirccdv or
indirectly. Also Vaughau saith, that young
Edward Wvat couhl coutirm this matter, as
one that kni^w this pretended discourse l>ctt»ixt
Vaughan and me; and thereupon I made suit
that Edward Wyat might either be brought
face to face to me, or otherwise be exuniine<i.
Soutliweli. Mr. Throckmorton, you mistake
your matter, for Vaughan siiid, tint Edward
Wyat did know some part of the matter, and
also was privy to the letter that Vaughan sent
to sir Tho. Wyat.
Throckmorton. Yea, sir, that "aras Vaughan 's
last shift, when 1 citarged him before the mas-
ter of the hor^e, and you, wiih his former alle-
gations touchiUi: his witness; whom when he
espied, would not do so lewdly as he thought,
then he used this alteration: but where is E<in-.
Wyat*s depositions of any thing against me,
now it appcareth neither his fust nor his last
tale to be true? For you know, Mr. Bridj;es,
and so doth my lord your bn>tber, that J de-
sired twice or thrice Edw. Wyat should be c\-
amincd ; and I am sure, and most asMirod, he
hath been wilU^l to say what be could, and bore
is nothing depos.*<l by him against me, either
touching any letter or other conlerence ; or
where is Vaughan's letter stmt by sir Tho. Wyat
concerning my talk? — But now 1 will speak of
Vaughan's preser\t wtate, in that Uv is a con-
demned man, who^e te*»tim«)ny is nothing worth
by any law; and because faUc witness be men-
tioned in the (iospcl, irentiof; of A^cu'latiol^
beark I pray \«mi what M. Jerome »uith, ex-
pounding the pliicc : it i^ dtMuanded why
(.'hrij't's accuses be called fal>e witnesses,
which did report C'hrist'is wonls not as he
spake tlicm ; lisfv be false witnesses, saith St.
Jernnie, whu h do add, altt-i, wrcat, doiille or
i\o speak for hope to a\oid dualh, or tor nudice
to procure anoduT man's dciiUi : tor all men
mav c:i?ilv Linfli<r h'. < aimot soeitk truly of ine,
or in ilic c.ise «»i anoilur manV lil'i*, when- hr
bath hope j)f his own by at*cii-<aiiMJ. Tlin>
murh spciiMth >l. .Icrome ol' f:dvj wihit^s.
Bv ili»: ci\il lir\ iluii; bo ni:uiv e\Le|>Li«>n.-^ lo
b»" taken ai:;;ii:>t muIj Tt -timoniLs; buL btr -.n-j.-
wc In- not t:'i\iri.Ml li\ llj:it law, lu-iiJKr 1 \i:\\c
my tii.d by it, ii .■?ii:dl l>c mi;i( rlluoiis t«.) ti'iiid>!c
\uu tiiercw'th, and lliii\fore you siiidl hcai
wh;»t vojir own law dolii sav. riure was :i
statutf made in my late sovcriiv^x l*<ni anJ
master his tiuic, touching Accusatiim, and
th4'^<' \iv the words: ' tic it enacte'l, Ihat no
* ]n I'rion or pii-.in>, iS:c. shall \n' ii.iliritil, ar-
' raiiincd, conitcium-il, or tonvit Led tur anv ot-
' t'ruci' of Trtason, l\'til 'Iicusdm, ^J'.spri"»ii»n
* of Treason, for which I lie same tiiVi'iuliT i-hail
' sutler any pains of death, iinpri-tMunent,
' loss or forfciluie ot his g^Ktiis, hrnds, vS,c. iin-
' less the <«amfc olV«'n'ler be accus-ed by iw»» sutti-
' cient and lawful witness s^ or nhall niUiiigly
The Trial qf Sir Nicholas Thockniorton, [880
' without violence conless the same.' And also
•in the 6th year of his reign, it is thus ratitietl as
ensueth : *■ That no person nor persons <«hall
* be indicted, arraigned, condemned, convicrcd
* or attainted of the Treas^ms or Oll'enccs afon^
* sai«l, or for any other Treasons that now be,
* or hereafter shall be, unless the s;ime ofl'tn-
* der or ottenders be thereof accused bv two
* law tul and sufficient accusers ; w hich at the
* time of Arraignment of the parties so accused,
* if they be then living, shall be brought in per-
* son before the said party accused, and avow
* and maintain that thc> have to say against
* the said party, to prove him guilty of the
* Treanms or olVcnce contained in the Bill of
' Indictment laid against the party arraigned,
' unless the said party arraigned shall be wil-
* ling withont violence to confers the same.' —
Here note 1 pray you, ihat our law doth re-
quire two lawlul and sulbcient Accuser^ to be
brought face to face, and Vaughan is but one,
and The same most urdawful and insufficient:
for who can be more unlawtid mid insuliirienc
than a condemned man, and such one ait
knoweth to accuse me is the mean to save his
own life ? Remember, I pray you, now \nn^
and how, many times Vauglian's execution haili
been res})ited, and how often he hath betn con-
jured to accuse,(which by God's grace be witl)-
stood until the last hour) what time percxixiiii;
I here was no way to live, but to speak against
mc or some other, bis former grace being taktii
away, did redeem his life most unjustly anil
shamefully, as you see.
lliirc. Why should he aeruse you more th.in
any other, seeing there was no displeasure be-
twixt you, if the matter had not been true?
Throckmorton, Because be* must ciilitf
speak of some man, or sinVe-r de-ath ; and iIkii
he did rather cho(ise to hurt Liin be did Kant
know, and so loved ha^t, than an) other well
known to him, whom he' loved most. But ti»
you of my Jury 1 speak especially, and tlu-re-
fvoi- \ pray \wu note what 1 say : In a inatlir
ofU^-. w(;i'„ijt than iiial of life and hind, a m;i:t
m:(y by ih.^ law take K\ee[)tions to such as t»f
iinpaniu led, to iiy the controveisies UtAixt
the |)arlics : as for t\amp!r, a man m:iv chal-
lenge th.it the sljc.ifi i> his cneMny, and' there-
fore litith made a pajii:d return, or bl^il'J^c
one of ihe pn v is the shcriif my adversary'", ser-
! rant; and also in ej'je* my adversary's \iliaiii
I or bo.Klman be cinpaonele'd, I may lawiuiW
clialk ii:.c h'.m, bccaiii-e ihcadvcisaiy part h.ilh
power over lii.s villain's l:mds and gOi»ds, ai;l
iKitii tin.' use til i»is l.ody for -tr\ilu <»thci' : intit li
ni'.rc I may o:" liniil lake e\<i'j.lioii lu \ :iii>:h:iii's
rt-.^liiiiony, my lue and ail liiai I have de-pcini-
nii; tiKieiipo'i; :ir.il liie- sanu* Xauuban biini
I n:ii\' I niiiii i.i ;!ie' -ji « 'n's lnj!.ii«--, ihan n.v
aOitir.iry, -il \\ vm.c ;- i:.r ll.cii t-Of, but to ll<C
1 r.v <lo:ii |.r:-( ^i, uiiii in v or^jc-ty) than any
Mlii:!M o ii» h :t loid ; |i/r her hii;l.ntss h:ith nut
' only puwi.i- uvcr hi, bo iy, land.*, and g«*<Ml»,
but ov» r h;-. Iifi- :ils.).
SttivjWti, V<:.,, I he exceptions are to l>e
taken ugHiust the Jury iu that ciuc ; but net
881]
STATE TRIAI^, 1 Maet, 1554.-;^ H^h Treason.
[882
agminft the witoess or accuser, and therefore
your argument serveth little for jou.
Throckmorton, That is not so, for the use
of the Jury, and the witness, and the effect of
their doings doth serve me to my purpose, as
the law shall disicuss. And thus I make my
compari^in : by the civil law the judge dotli
give Sentence upon the Depositions of the wit-
ness, and by your law the Judge doth give
Judgment upon the veidict of the Jury, so as
the effect is both one to 6nish the matter, trial
in law, as well by the depositions of the wit«>
ness, as by the jury's verdict, though they vary
in form and circumstance ; and so Vaughan^
testimony being credited, may be the material
cause of my condemnation, as the jury may be
induced by his deposition to speak their verdict,
and so finally thereupon the judge to give sen-
tence. Therefore I may use the same excep-
tions against the jury, or any of them, as the
principal mean, that shall occasion my condem-
nation.
Bromley, Why, do you deny, that every
part of Vaughan's tale b untrue ?
Attorney, You may see he will deny all,
and say there was no such communication be-
tirixt them.
Throe kmurton, I confess some part of
Vaughan's Confession to be true, as the name,
the places, the time, and some part of the mat-
ter.
Attorney, So you of the Jury mny perceive
tbe prisoner doth confess something to be true.
Throckmorton, As touching my sending to
sir Peter Caroe, *or his sending to me, or con-
cerning my advice to Mr. Wyat to biwy or to
rtpair hither, or touching the earl of Devon
parting hence, and my going uith him, and also
concerning the matter of the earl of Pembroke,
I do avuw and say that Vaugimn hath said
untruly.
Southuell, As for my lord of Pembroke,
you need not eicuse the matter, for he hath
shewed himself clear in thtbe matters like a no-
bleman, and tliat we all know.
Hare. Why what was the talk betwixt
Vaughan and you so long in Paul's, if these
were not so, and what meant your oft meet-
ings?
Throckmorton, As for our oflen roeetin^^s,
they were of no set purpose, but by chance,
and yet no oftener than twice ; but sithence
vou would know what communication passed
betwixt us in Paul's church, I will declare.
We talked of the incommoditics of the Mar-
riage of the queen with the prince of Spain,
and how grievous the Spaniards would be to
OS here. Vaughan said, that it should be very
dangerous for any man that truly professed tlie
gospel to live here, such was the Spaniards
ciuelty, and especially against christian men.
Wbereunto I answered, it was the plague of
CjimI come justly upon us ; and now Almighty
God dealt with us, as he did with the Israelites,
taking from them for their untharikfulness their
gpdiy kings, and did send tyrants to reign over
tbtm; ef«n to b* l|aDd)«d up Englishmen,
VOU I.
which had' a most godly and Tirtaous prince to
reign over us, my late sovereign lord and mas-
ter king Edward, under whom we might both
safely and lawfully profess God's word ; which
with our lewd doings, demeanor, and living, we
handled so irreverently, that to whip us for our
faults, he would send us strangers, yea such
very tyrants to exercise great tyranny over us,
and did take away the virtuous and faithful
king from amongst us ; for every man of every
estate did colour his naughty affections with a
pretence of religion, and made the gospel «
stalking horse to bring their evil desires to
effect. This was the sum of our talk in Paul's,
somewhat moie dilated.
Stanford. That it may appear yet more
evidently how Throckmorton was a principal
doer and coonsclior in this matter, you shall
hear his own Confession of his own hand writ*
ing. The Clerk did begin to read; Throck-
morton desired master Stanford to read it, and
the Jury well to mark it. Then master Stan-
ford did read the prisoner's own Confession to
this effect, That Ihrockmorton had conference '
tvith Wyat, Caroe, Croftes, Rogers, and War-
ner, as well of the queen's Marriage with the
prince of Spain, as also of Religion, and did
particularly coi\fer with every the JForenamed of
the matters aforesaid. Moreover, with sir
Thomas Wyat, tlie prisoner talked of the bruit,
that the Western Men should much mislike the
coming of the Spaniards into this realm, being
reported also that they intended to interrupt
their arrival here. And also that it was said,
that they were in consultation about the samo .
at Exeter. Wyat also did say; that sir Peter
Caroe c^uld not bring the same matter to good
effect, nor was there any nmn so meet to bring
it to good effect, as the carl of Devon ; and es-
pecially in the west country, in as much at
they did not draw all by (me line. Then
Throckmorton asked how the Kentishmen were
affected to tlie Spaniards ? Wyat said, tho
people like them evil enough, and that appear-
ed now at the coming of the count Egniont,
for they were ready Vt stir against him and hit
train, supposing- it had been the prince ; but
said Wyat, sir Robt. Southwell, master Baker,
and master Moylc, and their alHniiy, which be
in good credit in some places of the shire, will
for other malicious respects hinder the liberty
of their country. Then Throckmorton shoula
say, though I know there hath been an unkind-
ness betwixt njastcr Southwell and you for u
money matter, wherein I travelled to mak'o
you Iriends, 1 doubt not, but in go honest a
matter as this is, he will for the safeguard of
his country join with you, and so you may be
sure of the lord Bun;aincy and his force.
Then Wyat saiti, it is for another matter than
for money that we disagree, wherein he hath
handled me and others a cry doubly and un-
neighbourly; howbcit, he can do no other,
neither to me, nor to any other man, and there-
fore I forgive him. Item, with sir Peter Ca-
roe, Throckmorton had conference touching
the iinpeHchmeni of the landing of tbt
3 I
683] STATE TRIALS, 1 Mary, 1554.— 7)i<? Trial of Sir NichoUu Throckmorton. (384
prince, and touching proyision of armour and [ one tliat should go into the We8tK:ountJ7 with
ammunition, as cn&ueth; that is to say, that sir **- ' '^*^ *"■"'
Peter Caroe told Throckmorton, that he trust-
ed his countrymen wuuld be true Englishmen,
and would not ogrce to let tho Spaniards to
govern them. Item, the said sir Peter Caroe
said, the matter imp/>rting the French king
as it did, he thought the French king would
work to hinder the Spaniards coming hither,
with vihom the said sir Peter did think good to
practise for armour, ammunitions and money.
Tlien Throckmorton did advise him to beware
that he brought any Frenchmen into the reahn
forceably, in as much as he could as evil abide I
the Frenclunen after tliat sort us the Spaniards.
And also Throckmorton thought the French
kmg unable to give aid to us, by means of the
great consumption in their own wars. Master
Caroe said, as touching the bringing in of
Frenchmen, he meant it not, for he loved
neither party, but to serve his own country,
and to help his country from bondage ;
declaring further to Throckmorton, that he
had a small bark of his own to work his
practise by ; and so he said, that shortly
he intended to depart to his own country
to understand the devotion of his country-
men. Item, Throckmorton did say, he would
fur his part hinder the coming in of the Spani-
ards as much as he could by persuasion. Item,
to sir £dw. Warner, he haa and did bemoan
bis own estate, and the tyranny of the time
extended upon divers honest persons for reli-
gion, and wished it were lawful for all of each
religion to live safely according to their con-
conscience ; for the law, ex oficiOf will be in-
tolerable, and the clergy's discipline sow may
rather be resembled to the Turks tyranny, than
to the teaching of Christian religion. This was
the sum of the matter, which wos read in the
foresaid confession, as matters most grievous
against the prisoner. Then Throckmorton
said, sithence Mr. Seijeant you have read and
gathered the plade as you tliiiik, that maketh
most agaiust me, £ pray you take the pains,
and read further, tnat hereafter whatsoever
become of me, my words be not perverted and
abused to the hurt of some others, and espe-
cially against the great person:iges, of whom I
liave been sundry times (as appeareth by my
answers) examined ; for I perceive the net was
not cast only for little fishes, but for the great
^neBfjuita adagium.
Stanford, It shall be but loss of time, and
we have other things to charge you witliall,and
this that you desire doth make nothing for yon.
Djfcr, And for the better confirmation of
all the Treasons objected against the prisoner,
and tlicrein to prove him guilty, you of the
Jury shall hear the duke of Suifolks Deposi-
tions against him, who was a principal, and
bath sutTercd accordingly. Then the said Ser-
jeant read the duke's Confession touching the
prisoner, amounting to this effect; That the
ford Thomas Grey did inform the said duke,
Chet sir Nich. Throckmorton was privy to the
wliQle d«rioct againit Ihe Spantirdsy and was
the earl of Devonshire.
Throckmorton, But wliat doth the principal
author of this matter say against me, I mean
the lord Thomas Grey, who is yet living ? Why
is not his Deposition brought against me, for
so it ought 'to be, if he can say any thing ?
Will you know the truth? Neither tlie lord
Tiio. Grey hath said, can say, or will say any
thing against nic, notwithstanding the .duke his
brother's Confession and Accusation, who batb
affinned many other things besides the truth.
I speak not without certain knowledge : for the
lord 1 hoinas (rrev,* being my prison-fellow for
a small time, informed ine, that the duke hit
brother had misreported him in many tilings,
amongst others in matters touching me, which
he had declared to you Mr. Southwell, and
other the examiners not long ago. I am sore
if the lord Thomas could or would have said
any tiling, it should have been here now : And
as to the duke's Confession, it is not material,
for he doth refer the matter to the lord Tho«
mas's report, who hath made my purgation.
Attorney. And it please you my Lords, and
you my masters of the Jury, besides these mat-
ters touching Wyat's Rebellion, sir Peter Ca*
roe*s Treasons, and confederating witli the
duke of Suffolk ; and besides the prisoner •
Conspiracy with the earl of Devon, with Crofts,
Rogers, \\ amer, and sundry others in sundry
places, it slmll manifestly appear unto you, that
Throckmorton did conspire the queen's majes-
ty's Death with Wm. Thomas, sir Nich. Ar-
nold, and other Traitors intendiug the same;
which is the greatest matter of all others, and
most to be abhorred ; and ibr the proof hereof
yon shall hear what Arnold saith. Tiien was
sir Nich. Arnold's Confession read, afiirmiug
that Ihrcickmorton shewed unto him, riding
betwixt IJinani and Crosse Laund in Gloucf&-
teri>hire, that John Fitzwilliams was very much
displeased with William Thomas.
Attorney, Wm. Thomas devised, that John
Fitzwilliams should kill the queen; andThpKk-
morton knew of it, as appearcth by Arnold'*
Confession.
ThrvckworUm, First, I deny that I said
any such thing to Mr. Arnold ; and though lia
be an honest man, he may either forget him-
self, nr devise means how to unburtlien him-
self of so weighty a matter as this is ; fur lie is
charged with the matter as principal, which I
did pvrceive when he cliarged me with his
talc : and tlierefore I do blame him the less,
that he seekcth how to discharge himself, using
me as a witness, if he could so transfer the de-
vice t«) Win. Thomas. But truly, I never
^puke uny such words unto him ; and for my
better Declaration, I did see Jolm Fitzw illiams
here oven now, who can testify, that he never
shewed me of any displeasure betwixt them :
and as I know nothing of the displeasure be-
twixt them, so [ know nothing o( the caust.
I pray you, my lords, let him be called to d^
po>e in this matter what he can.
'Ihcu JohA Fit2wiliiaii>e dr««r i# the b^
S85]
STATE TRIALS, 1 Mart, 1554..— /or JH%A Tretmn.
[8S0
and preMoted himself to depose his knowledge
in the matter in open court.
Attorney. I pray you, my lords, suflfer him
not to be sworn, neither to speak ; we have
nothing to do with him.
Throckmorton, Why should he not be suf-
fered to tell truth ? And why be ye not so well'
contented to hear truth for me, as untruth
against me ?
Hare, Who called you hither, Fitzwilliams,
or commanded you to speak ? you are a very
busy officer.
'throckmorton, I called him, and do humbly
dcsiri that he may speak and be heard as well
•s Vaugban, or else I am not indifferently
ased ; especially seeing master Attorney doth
80 press this matter against me.
oouthmeiL Go you ways Fitzwilliams, the
court hath nothing to do with yuu ; perad ven-
ture you would not be so ready in a good
cause.
Then John Fitzwilliams departed the tourt,
and was not suffered to speak.
Throckmorton, Since thin gentleman's De-
claration may not be admitted, I trust you of
the Jury can perceive, it was not for any thing
he had •to say against me ; but contrary wise,
that it . was ieared he would speak for me.
And DOW to master Arnold's Depositions
against me, I say 1 did not tell him any such
words ; so as if it were material, tfiere is but
his yea and my nay. But because the words
be not sore strained against me, I pray you,
master Attorney, why might not I have told
master Arnold, that John Fitzwilliams was
angry with Wm. Thomas, and yet know no
cause of the anger ? it might be understood, to
disagree oftentimes. Who doth confess that I
know any thing of Wm. Thomas's device touch-
ing the queen's Death ? I will answer, no man :
for master Arnold doth mention no word of
that matter, but of the displeasures betwixt.
them ; and to speak that, doth neither prove
Treason, nor knowledge of Treason. Is here
all the Evidence against me that you have to
bring me within the compass of the Indictment.
Stanford. Methink the matters confessed
by others against you, together with your own
confession, will weigh shrewdly. But how say
TOO to the Rising in • Kent, and to Wyat's at-
tempt against tJ^ queen's royal person at her
palace?
Bromley. Why do you not read Wyat's Ac-
cusation to him, which doth make him partner
to his Treasons ?
Southwell. Wyat iias grievously accused
you, and in many things that others have con-
nrmed.
Throckmorton. Whatsoever Wyat hath said
of ma in hope of his life, he unsaid it at his
deadi. * For since I came into this Hall, I
beard one say (but I know him not) that Wyat,
upon tka scaffold, did not only purge my lady
Elizabeth her grace, and the earl of Devonshire,
hot also all. the gentlemen in the Tower, say-
iogy they were iJl ignorant of the stir and oom-
; in wUoh Bombf r 1 take myseifi
Hare. Notwithstanding he said, all that he
had written and confessed to the couacil, was
true. ,
Throckmorton. -Nay, sir> by your patience,
master Wyat said not so, that was master doc-
tor's Addition.
Southwell. It appearcth you have added
good intelligence.
Throckmorton, Almighty God provided that
revelation for me this day smce I came hither :
fur I have been in close prison these 58 days,
where I heard nothing but what the birds told
me, which did fly over my head. And now to
you of my Jury I speak especially, whom I de-
sire to mark attentively, what sh^ll be said : I
have been indicted, as it appeareth, and now
am arraigned of compassing the queen's ma-
jesty's death, of levying war against the queen,
of taking the Tower of London, jof deposing
and depriving the queen of her royal estate,
and finally to destroy her, and of adherence to
the queen's enemies. Of all which Treasons,'
to prove me guilty, the queep s learned council
hath given in Evidence these points material :'
that is to say, for the compassing or imagining
the oueen's death, and the destruction m her
roval person, sir Nich. Arnold's Depositions ;
which is, that I should say to the said sir Ni-
<;holas in Gloucestershire, that master John
Fitzwilliams was angry with Win. Thomas* .
Whereunto I liaTe answered, as you have
heard, both denyins; the matter ; and for tha
proof on my side, do take exception, becausa
there is no witness but one. And neverthe-
less, tliough it were granted, the Depositions
prove nothing concerning the queen s death.
For levying of war against the queen, there is
alledged my conference with sir Tho. Wyat,
sir James Crofts, sir Edw. Rogers, sir Edw.
Warner, against the Marriage with Spain, and
the coining of the Spaniards |iither ; which talk
I do not deny in sort as I spake it, and meant
it; and notwithstanding tne malicious gather*
ing this day of my conKrence, proveth yet no
levying of war. There is also alledged for
proof of the same Article, sir James Croft's
Confession, which as you remember tmplieth
no such thing, but general talk against tho
Marriage with Spain, and of my departing
westward with the earl of I^evon, which tha
said James doth not avow, and therefore I pray
you consider it as not spoken, lliere is ahfo
forproof of the said article, the duke of Suf-
folk's Confession, with whom I never had con-
ference ; and therefore he avouched the tala
of his brother's mouth, who hath made my pur-
gation in those matters, and yet if the matter
were- proved, they he not greatly material in
law. There is also alledged for the further
proof of the same Article, and for deposing and
depriving the queen of her royal estate, and for
my adhering to the queen's enemies, Cuthbert
Vaughan's Confession, whose testimony I hava
sufficiently disproved by sundry authonties and
circumstances, and principal^ by your owa
law, which doth reauire two lawful and suffici-
ent witnatiet to ba Wought face to fa^^t. Alto.
887] STATE TRIALS, 1 Mary, 1554.-7^ Trial qf Sir Nicholas Throckmorton, [99S
. for the taking of the Tower of London, there
is alledgfid Winter's Depositions, which utter*
•th my misliking, when he uttereih unto me
sir Thomas Wyat's resolution and device for at-
tempting of the said peace. And last of all,
to enforce these ttfatters, mine own Confession
is engrieyed greatly agamftt me, wherein there
doth appear neither Trea^n, neither conceaU
ment of Treason, neither whispering of Trea-
' son, nor procurement of Treason. And for as
much as I am come hither to be tried by the
law, though my innocency pf all these points
material objected, be apparent to acquit me,
whereunto I do principally cleave ; yet I will
for your better credit and satisfactions shew
you evidently, that if you would believe all the
Depositions laid against me, which I trust you
Tvill not do, I ought not to be attainted of the
Treason comprised within my Indictment, con-
•idering the Statute of Repeal the last parlia-
ment, of all Treasons, other than such as be
dedared in the 25th year of king BAard 3d ;
lx>th which Statutes I pray you my lords may
he read here to the inquest.
Bromley, No, for there shall be no books
brouglit at your desire ; we know the law suf-
£k*ieiitly without book.
Throckmorton, Do you bring roe hither to
try ine by th« law, and will not shew me the
law ? What is your knowledge of the law to
these men*s satisfactions, which have my trial
in hand ? I pray you, my lords, and my lords
all, let the statutes be read, as well tor the
queen, as for me.
Stanford, My lord chief justice can shew
the law, and will, if the Jury do doubt of any
point.
Throckmorton, You know it were indiffe-
rent that I should know and hear the law
whereby I am adjudged ; and forasmuch as
the Statute is in Enghsh, men oi meaner learn-
ing; than tlie .Justices, can understand it, or else
how should we know when we offend ?
Hare, You know not what belongeth to
your case, aud therefore we mutt teach you : it
apptrtaineth not to us to provide b<»ok8 for
you, neither sit we here to be taught of you ;
von rihuuld have tiiken belter lieed to the law
before you hud come hither.
T/irockmoiion. Because I am ignorant, I
would loam, and therefore I have more need
to see the Jaw, and partly as well for the in-
structions of the Jury, as fur my own satisfac-
tion, which methink, were for the honour of
this prc-scnce. And now if it please you my
lord (*hi< f justice, I do direct my speech speci-
ally to YOU, Whut time it pleased the queen's
majesty, to call you to this honourable o^ce, I
did lc:irn of a great personage of her highne&s's
})rivy council, tlint amon*;st other good instruc-
tions, ht^r majesty charged and enjoined you
to niiniiicr ti.e law and justice indifferently
without respect of persons. And notwith-
standing the old error amongst you, which did
not adiuit any witness to speak, or any other
matter to be heard io tlie fiivour of the adver-
sary, her majesty being porty^ ber bighness's
pleasure was, that whatsoever could be bruu^t
in the favour of the subject^ sliould be adoiit-
tcd to be heard. And moreover, tl;at you spe-
cially, and likewise all other justices, shoukl
not persuade themselves to sit in judgment
otherwise for her highness, than for her sub-
ject. Therefore this manner of indifferent
proceeding being principally enjoined by God*s
commandment, wnich I had thought partly to
have remembered you and others here in com-
mission in the beginning, if I mj^^bt have had
leave ; and the same also being commanded
you by the queen*8 own mouth, metbink you
ought of right to suffer me to have the statutes
read openly, and also to reject nothing that
could be spoken in my defence : and in thus
doing you shall shew yourselves worthy mi-
nisters, and fit for so worthy a mistress.
Bromley, You mistake the matter, the
queen spake those words to master Morgan
chief justice of the Common Pleas ; but you
have no cause to complain, for you have been
suffered to -talk at your pleasure.
Hare, What would you do with the Statute-
Book } the Jury doth not require it, they have
heard the Evidence, and they must upon their
conscience try whether you he guilty or no, so
as the book needetb not : if they will not credit
the Evidence so apparent, tlien they know i»bat
they have to do.
Chohnley, You ought not to have any
books read here at your appointment, for
where doth arise any doubt in the law, the
judges sit here to inform the court ; and now
you do but spend time.
Attorney. I pray you my lord chief justice
repeat the Evidence for the queen, and give the
Jury their Charge, for the prisoner wUl keep
you here all day.
Bromley. How say you, have you any mors
to say for yourself?
Throckmorton. You seem to give and offer
me the law, but in very deed I have only the
form and the image of the law ; nevertheless,
since I cannot l>e suffered to have the statutes
read openly in the Book, I will by ^our pa-
tience guess at them, as I may, and I pray jou
to help me if I mistake, for it is long since I
did see them. The Statute of Repeal made
the Inst parliament hath these words, ' Be it
' enacted by the queen, that from henceforth
' none act, deed, or oH'ence, being by act of
< parliament or statute made Treason, Petit
* Treason, or Misprision of Treason, by words,
* writing, printinir, ciphering, deeds, or other-
' wise whatsoever, shall be taken, had, deem-
' ed, or adjudged Treason, Petit Treason, but
' only such as be declared, or expressed to be
' Treason, in or l>y an act of parliament made
*■ in the 35th year of Edward :id, touching and
' concerning Treasons, and the Declarations of
* Treajjons, and none other.* Here mav you
see this statute doth refer all the offences ajure-
said, to the statute of the 36th of Edward 3d,
which statute hath these words touching and
concerning the Treasons that I am indicted
and arraigned of; that is to say, ' WbutocTcr
STATE TRIALS, I Maby, 15$4.-:/br High TVeason.
[800
ompass or imagine the death of the ing of these words, ' By people of iheir condi-
r loTy war aguiubt the kingin bis realm, ^ tioo/ my lord chitf justice here h^th declared
the truth ; for Wyat was one of your. coaditioD,
that b to say, of your conspiracy.
Hare. You do not deny, Throckmoitoo,
but that there hath been conference, and send-
ing between Wyat and you, and he and Winter
ig adherent to the king's enemies with-
realm, or elsewhere, and be thereof
ily attainted by open deed by people of
oodition, shall be adjudged a Traitor/
»ray you of my Jury' which have my
ial, note well what things at this day ; doth confess tlie same, with others ; so as it ia
ions, and how these Treasons must be
d discerned, that is to s<iy, by open
bich the laws doth at^me time term
i. And now I ask, notwithstanding
ctment, which is but matter alledged,
>th appear the open deed of any com-
or imagining the cjuecn*s death; or
oth appear any open deed of being ad-
3 the queen's enemies, giving to them
comfort ; or where doth appear any
ed of taking the Tower of London ?
ley. Why do not you of the Queen's
counsel answer him ? Methink Throck-
you need not to have the Statutes, for
i them meetly perfectly.
ord. You are deceived, to conclude all
s by the statute of the 36th of Edw. the
r that Statute is but a Declaration of
Treasons, which were Treasons before
ommon law. Even so there doth re-
ivers other treasons at this day at the
I law, which be not expressed by that
plain, Wyat may well be called on« of your
condition,
Throckmorton. Well, seeing you my Judges
rule the understanding of these words in tlie
Statute, * By people of your condition,' thua
strangely against me, I will not stand bnger
upon them. But where doth appear in me an
open deed, whereunto the Treason is specially
referred ?
Bromley. If three or four do talk, devise,
and conspire together of a traiterous act to be
done, and afterwards one of them doth commit
Treason, as Wyat did ; then the law doth re-
pute, them, and every of tliem as their acts ; so
as Wyai's acta do imply and argue your open
deed, and so the law doth term it and take it.
Throckmorton. These be marvellous exposi-
tions, and wonderful implications, that another
man's act, whereof 1 was not privy, should be
accounted mine ; for Wyat did purge me that I
knew nothing of his stir.
Hare, Y^a, Sir, but yon were a principal
as tiie Judges can declare. Neverthe- procurer a^id contriver of Wyat's Rebellfon,
ere IS matter sufficient oUedged and
against you to bring you within the
> of the same statute.
:knwrtoH. I pray you express those
that bring me within the compass of
ote of Edw. the 3rd ; for the words be
And be thereof attainted by open deed
le of like condition.'
ley. Throckmorton, you deceive your-
d mistake these words, ' by people of
ndition ;' for thereby the law doth un-
1 the discovering of your treasons. As
mple, Wyat and tiie other rebels, at-
br their great treasons, already declare
)e his and their adherent, in as much as
md sundry times you had conference
m and them about the treason ; so as
s now one of your condition ; who as
rid knoweth, hath committed an open
us fact.
rkmorton. By vour leave, my lord, tliis
y strange and singular understanding,
ippose the meaning of the law-makers
ierstand these words, ' By people of
indition,* of the state and condition of
ersons which should be on the inquost
he party arraigned, guilty or not guilty,
iung to the bewraying of the otfcnce by
• man's act as you say : for what have 1
vith Wyat's acts, that was not nigh him
miles?
rney. Will you take upon you to skill
»f the law tlian the Judges? t doubt not '
1 of tlie Jury will credit as it bccomcth
though you were not with hina when he mad«
the stir. And as my lord here hath said, the
law always doth adjudge him a traitor, which
was privy and doth procure treason, or anjr
other man to commit treason, or a traiterouf
act, as you did Wyat, and others ; for so tha
overt act of those which did it by your procure*
ment, shall iu this case be accounted your open
deed. We have a common case in the law, if
one by procuremeiit should disseise your of
your land, the law holdeth us both wrong doers,
and giveth remedy as well against the one as
the other.
Throckmorton. For God's sake apply not
such.censtructions against me ; and though my
present estate doth not move you, yet it were
well you should consider your othce, and think
what measure you gi%e to others, you yoar«
selves I say shall assuredly receive the same
again. The state of mortal life is such, that
men know full Utile what hangeth over them.
I put on within this 1? months snch a mind,
that r, most woeful wight, was as unlike to
stand here, as some o( you that sit there. As
to your case last recited, whereby you would
conclude, I have rt»)einl)ered and learned of
you master Hare, and you master Stanford in
the Pariiament House, where you did sit to
make laws, to. expound and explain the ambi-
guities and doubts of law sincerely, and that
without affections: There I say, I learned of
you, and others my masters of the law, this
difl'erence betwixt Surh cases as vou remcm-
beied one eyen now, and the Statute whereby
II am to be tried. Tlierc is a Maxim or prin-
ciple in the law, which ought not to be ' '
891] STATE TRIALS, 1 Mary, l55^.—J%e^Vial(tfSar^ldu>Ias^%rt)ekm&rt(m. [«92
* That no penal Statute may, ought, or should
be construed, expounded, extended, or wrested,
otherwise than the simple words and nude let^
ter of the same statute doth warrant and sig-
nify/ i^nd amongst divers good and notable
reasons by you there in the Pariiament House
debated, master Seneant Stanford, I noted this
One, why the said Maxim ought to be inviola^
ble : you said, considering the private affections
many times both of princes and ministers
%vithm tliis realm, for that they were men, and
•would and could err, it should be no security,
but very dangerous to the subject, to refer the
construction, and extending ot penal statutes to
taoy judge's equity, as you termed it, which
ssifEht either by fear^ of the higher powers be
iseduced, or by ignorance and folly abused.
And that is an answer by procurement.
Bromley, Notwithstanding the principle, as
you allecfge it, and the preciseness of your
sticking to the bare words of the Statute, it
doth appear and remain of record in our learn-
ing, that divers cases have been adjudged
Treason, without the express words of the
statute, as tlie queen's learned council there
can declare.
Attorney. It doth appear, the prisoner did
«ot onlyintice or procure Wyat, Caroe, Rogers,
and others, to commit their traiterous acts, and
there doth his open facts appear, which
Vaugban*8 Confession doth witness ; but also
be did mind shortly after to associate himself
^ith those traitors ; for he minded to have de-
parted with the earl of De\'onshire westward.
Throckmorton^ My innocency concerning
these matters, I trust, sufficiently appeareth by
my former Answers, notwithstanding the con-
demned man's unjust Accusation. But be-
cause the true understanding of the Statute is
in question ; I say, procurement, and specially
by ^ords only, is without the compass of it:
and that I do learn and prove by the principle
which I learned of master Stanford.
Stanford. Master Throckmorton, you and I
may not agree this day in the understanding of
tlie law, for I am for the queen, and you speak
for yourself: the Judges must determine the
natter.
Bromley, He that doth procure another
man to commit a felony or a murder, I am
sure you know well enough, the law doth ad-
judge the procurer there, a felon or a murderer;
and in case of Treason, it hath been always so
taken and reputed.
Throtkmorton, I do and must cleave to my
innocency, for I procured no man to commit
Treason ; but yet fur my learning I desire to
bear some case so ruled, when the law was as
it is now. I do confess it, that at such time
there were Statutes provided for the procurer,
counsellor, aider, ahettor, and such like, as
tliere were in king Henry Bth^s time, you might
lawfully make this cruel construction, and
bring the procurer within the compass of tlie
law. But these statutes being repealed, you
ought udt now so to do ; and as to tbe principal
procurer io UAovj aad laorderj it it not like as
in Treason, for the principal and accessaries m
felony and murder be triable and punishable
by the common law ; and so in those cases the'
Judges may use their equity, extending tbe
determination of the fault as they tlu'nk rood :
but in Treason it is otherwise, the same being
limited by Statute Law, which I say and
avow is restrained from any Judge's construction
by the Maxim that I recited.
Stanford, Your lordships do know a case
in Rd. 3's time, where the procurer to counter-
feit fabe mon^, was judged a Traitor, and the
law was as it is now.
Hare. Master Seijeant doth remember you
Throckmorton, of an experience before our
time, that the law hath been so taken, and yet
the procurer was not expressed in the statute,
but the law hath been always so taken.
Throckmorton, I never studied the law,
whereof I do much repent me ; yet I remem-
ber, whilst l*cnal Statutes were talked of in the
Parliament-House, you tbe learned men of tlit
house remembered some Cases contrary to this
last spoken of. And if I misreport them, I
pmy you help me. In the hke case you speak
of concerning the procurer tcT counterfeit false
Money, at one time the procurer was judged a
felon, and at another time neither felon nor
traitor ; so as some of your predecessors ad*
judged the procurer no traitor in the same case^
but leaned to their principle, though some
other extend their constructions too large.
And here is two cases with me, for one against
me.
Bromley, Because you reply so sore upoA
the principle, I will remember, where one
taking the Great Seal of England from one
writing, and putting it to another, was adjudged
a Traitor in Henry 4*8 time, and yet his act
was not within the express words of the Statute
of Edw. the third. There be divers other
such like cases that may be alledged and need
were.
Throckmorton^ I pray you my Lord Cliief
Justice, call to your good remembrance, that
in the self same case of the Seal (a), Justice
Spilman, a grave and well learned man, since
that time, would not condemn the oflFender, boC
did reprove that former Judgment by you hist
remembered, as erroneous.
Stanford. If I had thought you had been so
well furnished with Book Cases I would have
been better provided for you.
Throckmorton, I have nothing but I learned
of you specialy master Serjeant, and of other!
my masters of the law in the Parliament House;
and therefore I may say with the prophet,
Salvtem ex iniwicit nostrit,
Scttithwell, You have a very good memoiT.
Attorney, If the prisoner may avoid ml
Treasons after this manner the queen's surety
shall l)e in great jeopardy. For Jack Cade,
the Blacksmith, and divers other Traitors, some-
time alledging the law for them, sometime tbey
meant no hxum to the king, but against Jus
(a) See Leak's C«M; K^ Bep.
S95]
STATE TRIALS, 1 Mart, 1554.-^ Hi^ TWotoii.
(804
counsel; at Wyat^ the duke of Sufiblk, and
these did against the Spaniards, when there
was no Spaniards within the reaUn. The duke
and his brethren did mistake the law^ as you
do, yet at length did confess their ignorance,
and submitted themsel?es. And so were you
best to do.
Throckmorton, As to Cade and the Black-
smith, I am not so well acquainted with their
Treasons as you be ; but I have read in th«
Chronicle, they were in the field with a force
against the prince, whereby a manifest act did
appear. As to the duke of Suffolk's doings,
they appertain not to me. And though you
would compare mv speech and talk against the
Spaniards, to die duke*s acts, who assembled a
force in arms, it is evident they diflfer much : I
am sorry to engrieve any other mans doings ;
but it senreth me for a piece of my Defence,
and therefore I wish that no man should gatlier
evil of it. God forbid that words and acts be
|hus confounded.
Attorniy, Sir W. Stanley used this shift
that the prisoner useth now, he said he did not
levy war against king Henry 7th, but said to
the duke of Buckingham, that in a good quarrel
be would aid him with 500 meu« and never-
theless Stanley was for those words attainted,
who as all the world knoweth, had before that
time served the king very faithfully and truly (b) .
Throckmorton. I pray you master Attorney
do not conclude me by blind contraries. Whe-
ther yon a^ledge Stanley's Case truly or no, I
know not. But adroit it be as you say, wl^t
doth this prove against me ? I promised no aid
to master Wyat, nor to any other. The duke
af Buckingham levied war against the king,
with whom Stanley was confederate so to do,
fs yon say.
Attorney, I pray you, my lords that be the
f aeeo's Commissioners, suffer not the prisoner
to use the queen's learned counsel thus; I was
never interrupted thus in my life, nor I never
knew any thus suifered to talk, as this prisoner
is suffered : some of us will come no mote at
the bar, and we be thus handled.
Bromley, Throckmorton, you must suffer
the queen s learned counsel to speak, or else
we must take order with you ; yuu have had
leave to talk at your pleasure.
Hare, It is proved that you did talk with
Wyat against the coming of the Spaniards, and
devised to interrupt their arrival, and you pro-
nused to do what you could against them:
whereupon Wyat being encouraged by you, did
levy a force, and attempted war against the
queen's royal person.
ITkrockmorton, It was no treason, nor no
procurement of treason, to talk against the
coming hither of the Spaniards, neither it was
treaaon for me to say, I would hinder their
coming hither as much as I could, understand-
iog jne rightly as I meant it; yea though you
woold extend it to the worst, it was but words.
It was not -treason at this day as the law stand-
ee; See No. 85, p. 877. '
eth ; and as for Wyat's doings, they touch ma
nothing, for at'his death, when it was no time
td report untruly, he purged me.
Bromley. By sundry cases remembered here
by the queen's learned counsel, as you have
heard, that procurement which did appear no
' otherwise but by words, and those you would
make nothing, hath been of long time, and by
sundry well learned men in the laws adjudged
Treason. And therefore your procurement
being so evident as it is, we may lawfully saj
ic was Treason, because Wyat performed a
traiterous act.
Throckmorton. As to the said alledged four
precedents against rae, I have recited as many
for me, and I would ^ou my Lord Chief Justice
should incline your judgments rather after the
example of your honourable predecessors, jus-
tice Markham, and others, which did eschew*
corrupt judgments, judging directly and sin«
cerely after the law, and the principles in the'
same, than after such men, as swerving from
the truth, the maxim, and the law, did judge
corruptly, maliciously, and affectionately.
Bromley, Justice Markham had reason to
warrant his doings; for it did appear, a merchant
of London was arraigned ana slanderously ac-
cused of Treason for compassing and imagining
the king's Death, 'he did say ' he would make
his son heir of the Crown/ and the merchant
meant it of a House in Cheapside at the sign
of the Crown; but your Case is not so.
Throckmorton. My case doth difier, I grant,
but specially because I have not such a Judge<
yet there is another cause to restrain these
your strange and extraordinary constructions ;
that is to say, a Proviso in the latter end of the
Statute of £dw. 3. having these words : ' Pro-
* vided always, if any other case of supposed
' Treason shall chance hereafler to come in
* question or trial before anyjuStice, other than
* is in the said statute expressed, that then the
* justice shall forbear to adjudge the said case,
* until it be shewed to the Parliament to fry,
' whether it should beTreason or Felony.' Here
you are restrained by express words to adjudge
any case that is not manifestly mentioned L^
fore, and until it be shewed to the Parliament.
J^ortman. That Proviso I understand of
cases, that may come in trial, which hath been
in ure, but the law hath always taken the Pro-
curer to be a principal offender.
Sanders. The law always in cases of Trea-
son doth account all principals, and no acces-
saries as in other offences; and tliereforc a man
offending in Treason, either by covert act or
procurement, whereupon an open deed hath
ensued, as in this case, is adjudged by the law
a principal traitor.
Throckmorton. You adjudge, methink, pro-
curement very hardly, besides the principal, and
besides the good example of your best and most
godly learned predecessors, the Judges of the
realm, as I have partly declared ; and notwith-
standing this grievous racking and extending of
this word procurement, I am not in the danger
of it| for it doth appear by no Deposition, that
S95] STATE TRIALS, 1 Mary, l5S^.^Tlk T^wl qf Sir NicMat Thvckmortmh [M
I procured neither one nor other to attempt
aoj Rct.
Stanford, The Jury have to try, whether it
be so or no, let it weigh as it will.
Hare. I know no mean so apparent to try
Procurement as by words, and that mean is pro-
bable enough against you, as well by your own
Confession, as by other men's Depositions.
Throckmorton, To talk of the queen's Mar-
riage with the prince of Spain, and also the
coming hither of the Spaniards, is not to pro-
cure Treason to be done ; for then the whole
Parliament house, I mean the Common house,
did procure Treason : but since you will make
no diflference betwixt words and acts, I pray
you remember a Statute made in my late sove-
reign lord and master's time, king fed ward the
6tn, which apparently expresseth the ditference;
these be the words : ' Whosoever doth com-
pass, or imagine to depose the king of his
royal estate by open preaching, express words
or sayings, shall for the first offence lose and
forfeit to the king all his and their goods and
chattels, and also sl\^ll suffer imprisonment of
their bodies at the king's will and pleasure.
Whosoever, «cc. for the second offence shall
lose and forfeit to the king the whole issues
and profits of all his or their lands, tenements,
and other hereditaments, benefices, prebends,
and other spiritual promotions. Whosoever,
&c. for the third offence, shall for term of
hfe or lives of such offender or offenders, &c.
and shallalso forfeit to the king's majesty all
his or their goods and chattels, and suffer
during his or their lives perpetual imprison-
ment of his or their bodies. But whosoever,
Ace. by writing;, cyphering, or act, shall for the
first offence be adjudged a Traitor, and suffer
' the pains of death.' Here you may perceive
how the whole realm and all your judgments
hath before this understood words and acts, di-
versly and apparently; and therefore the judg-
ments of the parliament did assign diversity of
punishments, because they would not confound
the true understanding of words and deeds, ap-
pointing for compassing and imagining by
word, imprisonment ; and for compassing and
imagining by open deed, pains of death.
Bromley, It is agreed by the whole Bench,
that the Procurer and the Adherent be deemed
always traitors, when as a traitorous act was
committed by any one of the same conspiracy ;
and there is apparent proof of your adhering to
Wvat, by your own confession and other ways.
Throckmorton, Adhering and procuring he
not all one ; for tiie statute of Kdw. 3 doth
speak of adhering, but not of procuring, and yet
adhering ought not to be further extended, than
to ihe queen's enemies wiiliin her realm, for so
the statute dot!) limit the understanding. And
Wyat was not the queen's enemy, for he nas
not so reputed, w hen I talked with him lni>r ;
and our speech implied no enmity, neither
tended to any treason, or procuring of treason :
and therefore I pray you of the jury m»ie,
tbough I argue the law, f alledge my innocency,
•■ tbt bftt part of iby defence.
Hare, Your adhering to the queen's ene*
mies within the realm is evident!? proved : ibr
Wyat was the queen's enemy within the realm,
as the whole realm knoweth it, and he hath
confessed it, both at his Arraignment end at his
Death.
Throckmorton, By your leave, neither Wyat
at his Arraignment, nor at his Death, did con-
fess, that he was^ the queen's enemy, wlien I
(talked last with him, neither he was re-
puted nor taken in 14 days after, until he as-
sembled a force in arms, what time I was at
your house, master Inglefield, where I learned
the first intelligence of Wyat*s stir. And I ask
you, who doth depose that there passed any
manner of advertisement betwixt Wyat and
me, after he had discovered his doings, and
shewed himself an enemy ? If I had been so
disposed, who did let me, that I did not repair
to Wyat, or to send to him, or to the duke of
Suffolk either, who was in mine own country ?
and thither I might have gone and conveyed
myself with him, unsuspected for my departing
homewards.
Ingle fidd. It is true that you were there
at my house, accompanied with others your
brethren, and, to my knowledge^ ignorant oi
these matters.
Bromley, Throck morton , you con fe^sed yoo
talked with Wyat and others against the com-
ing of the Spaniards, and of the taking of the
Tower of London ; whereupon Wyat levied a
force of men against the Spaniards he said,
and so you sav all, but indeed it was against
the queen, which he confessed at length:
therefore Wyat's acts do prove you counsellor
and procurer, howsoever you would avoid the
matter.
Throckmorton, Methink you would con-
clude me with a mishapen argument in logick,
and you will give me leave, I will make ano-
ther.
Stanford. The judges sit not here to make
disputations, but to declare the law, which
hatfi been sufficiently done, if you would consi-
der it.
Hare, You have heard reason and the Ulw,
if you will conceive it.
Throckmorton, Oh merciful God ! Oh cle^
nnl Father, which seest all things, what man-
ner of proceedings are these ? To what pur-
pose seneth the Statute of Repeal the last
parliament, where L heard some of'you here
present, and divers other of the queen's learn-
ed council grievously inveigh against the cruel
and bloody laws of king HenryUth, and against
some laws made in my hue sovereign lord and
master's time, king Edw. Gth. ? Some termed
them Draco's Laws, which vyere written in
blood (a) : some said they were more intoler-
able than any laws, that Dionysius or any
other tyrant made. In conciUsi<m, as many
men, so many bitter terms and names those
laws hud. And moreover, the preface of the
same Statute doth recite, tliat tur words o&lji
(a) See 1 Cobb. Pari Hist. p. 606.
897]
STATE TRIALS, 1 Mary, 1554.-/or High Ticason.
[d9S
man^ great peraonages, and others of good be-
iiaviouFy bath been most craelly cost away by
these former sanguinolcnt thirsty laws, with
many other suggestions for the repeal of the
Mme. And now let us put on indifferent eyes,
and thoroughly consider with ourselves, as
you the Judges handle the constructions of the
statute of £dw. 3d, with your equity and ex-
tensions, whether wc be not in much worse
ca<te now thaii we were wlien those cruel laws
yoked us. These laws albeit they were griev-
ous and captious, yet they had the very proper-
ty of a law after St. Puurs description : for
tho«>e laws did admonish us, and di^>cover our
sins plainly unto us ; and when a man is warn-
ed, he is half armed, ^hese laws, as they be
handled, be very buits to catch us, and only
prepared for the same, and no laws ; for at the
£rst sight they ascertain us we be delivered
ftom our old bondage, and by the late repeal
of the liist parliament tie live in more security.
JBut when it please th the liigher powers to call
any man's life and sayings in question, then
there be constructions, interpretations, and ex-
tensions reserved to <hc justices and judges
equity, that the party tryable, as I am now,
»hall find himself in much worse case, than be-
fore when those cruel laws stood in force. Thus
our amendment is from God's blessing into the
warm sun ; but I require you honest men,
which are to try my life, consider these opinions
of my life : judges be ratlier agreeable to the
time, than to the truth ; for their judgments be
repugnant to their own principle, repugnant to
their godly and best learned predecestsors opi-
nions, repugnant, I say, to the Provi:>o in the
Statute of Hepeal made in the last parliament.
Attorney. Master Tlirockmorion, quiet
yourself, and it shall he the better for you.
Throckmorton. Mj;>ter Attorney, I am not
so unquiet as you be, and yet our cases are not
alike; but because 1 am so tedious to you,
and have long trouhlcd this presence, it may
please my Lurd Chief Justice to repeat the
Evidence, wherewith I am cimr<;cd, and my
Answers to all the Objections, if there be no
other matter to lay againt^t me.
Then the Chief Justice Bromley rcmem})ered
pirticulariy all the Deprisitions nnd Evidences
given against the prisoner, nnd eiciier f')r want
of good uiemor)', or ^ood will, the prisoner's
Answers were in part not recited : whereupon
the prisoner craved inditlcrency, and did help
tlie Judge's old memory with his own recital.
Sendaii. My Masters of the Jury, you have
to inquire, wheibersir Nicholas Throrkmorton,
knight, here prisoner at the bar, be guilty of
these Treasons, or any of t!)em, wherecf he
hath been indicted and this day arraigned, yea
SendaU, Yea, for this time.
Throckmorton. Then I pra} you give me
leave to speak a few words to the Jury : llie
weight and gravity of my cause hath greatly
occasioned me to trouble you here long, ancl
therefore I mind not to entertain you here long
with any prolix oration : you perceive notwith-
standing this day great contention betwixt the
Judges and the queen's learned council on the
one party, and me the poor and woeful pri-
soner on the other party. The trial of our
whole controversy, the trial of my innocency,
the trial of my life, lands, and goods, and th^
destructionof my posterity for ever, doth rc>st
in your good judgments. And albeit many
tliis day have greatly inveighed against me, the
final determination thereof is transterred onl^
to you : how grievous and horrible the shed-
ding of innocents blood is in the sight of Al-
mighty God, I trust you do remember.
Therefore take heed, I say, for Christ's sake,
do not defile your consciences with such hei-
nous mid notable crimes ; they be grievously
and terribly punished, as in this world and vale
of misery upon the childreu's children to tho
third and fourth generation, and in the world
to come with everlasting fire and danmation.
Life up your minds to God, and care not too
much for the world ; look not back to the fiesh^
pots of Egypt, whicb'will allure you from hea-
venly respects to worldly security, and can
thereof neither make you any surety. Believe
I pray you, the queen and her magistrates be
more delightid with favourable equity, than
with rash cruelty ; nnd in that you be all citi*
zcns, I will take my leave of you with St. Paul's
farewell to the EpheMans, citizens also yon he,
whom he took to record that he \>as> pure from
shedding any blood ; a sj)(.cinl token, a doc-
trine left for your instruction, timt every of you
may wasli his hands of innocents bloodshed^
when you shall take your leave of this wrctchni
world ; the Holy Ghost be amongst, you.
Sendall. Come hither, seijeant, take the
Jury with you, and suffer no man to come at
them, but to be ordered as the law appointelh,
until they be agreed upon their Vordiot.
Throckmorton. It may please you my lords
and masters which V.v Commi^'sioiu'rs, to give
order, that no peiv»:» have access or conference
with the July, neither that any of the queen's
iearncHl council be suiVered to renair to ihcm,
or to talk with any of them, until they present
themselves here in open court, to publish their
V^erdict.
Upon the Prisoner'-* f^uit on this behalf, the
Bcncli jjMvo order, thut two Serjeants wero
»worn to suti'er no man to repair to the Jury,
until ihcy ucre aurecil.
or no : And if you find him Guilty, you sfiiiil Then the pri-ontT vas bv comm.iiidmeni of
enquire what lands, tenements, goods, and tho llcnch vjhdr.twn from the bar, and tha
chattels be had at the day of his Treuwiiis j cf)urt adjourned unit! thrre of the dork at nf-
conimitiefl, or at any time since ; and whether | tcrnoon ; at uhich hour the ('t.mnMS«!inners re-
hc fled fur the Treasons or no, if you find him
oot goilty.
Tkroekmorton. Have you suid what is to be
said?
VOL. f.
turaed to the Gu:ltlhaU, and rhtie did tarry
until the Jury were a«^rL' d upon the \'erdict.
And aboiit five of the clock, their ao;n.etnrnt
being ad\ertised to the Couuuissioncrs, the
^ M
8DD] STATE TRIALS, 1 Mary, \5d^.— TIte Trial of Sir N. llirockmortm. [QOO
said prisoner, sir Nicholas TlirocUinorton, was
again bnmglit to the bar, \Nhere yKo ihe jury
did repair; had being dcniaudcd uiictlicr tiioy
were agreed upon their Verdicr, answered imi-
vcrsally with one voice, Yea. Then it was
a&ked, who sliould speak for them ; ihev nii-
iwered, Whetston the loreman.
Sendall, Nichulas Throckmorton knight,
hold up thy hand.
Then the Prisoner did so upon tiie summons.
Sendali, You tluit be of the Jury, look upou
the prisoner.
The Jury did as they were enjoined.
Scndall, How say you, is master Throck-
morton knight, there prisoner at the bar, guilty
of the Treasons whereof he hath been indicted
and nrmigiied in manner and fonn, yea or no ?
Whetston. No.
StndalL How say you, did he fly upon them.
Whetston, No, we find no such thing.
Throckmorton, I had forgot to answer that
question before; but you liave f'.und according
to truth: and for the better warranty of your
doings, understand that I came to London, and
•o to the queen's counsel unbrought, when I
understood they demanded for me ; and yet
I was almost an hundred miles hence, where if
I had not' presumed upon my truth, I could
have withdrawn mvself from catchinor.
Bromlcti How say you the rest of ye, is
"Whetston's Verdict ail your \''erdicls }
The whole Inquest answered. Yea.
Bromley. Rjuif mber yoarselvcs better, have
you considered substantially tlie whole Evi-
dence in sort us it was declared and recited ?
the matter doth touch the queen's highness, and
yourselves also, lake good heed wliat you do.
Whetston, My lord, we have thoroughly
considered the Evidence laid acainst the pri-
soner, and his Answers to all these matters,
and accordingly we have found him not guilty,
agreeable to nil our conscience^.
Brontley, If you have done viell, it is the
better for you.
Throckmorton, It is better to ho tried than
to live suspected : * Blessed be i!ic J^ird (lod
of Israel, for he Ivith visited and redeemed his
people, and hath raised up a nniihty Salvation
for us in the house of his servant J)avid.' And
it may please you my Ijord Chitf Justice, for-
asmuch as I have been indicted and arraigned
of sundry Treafons, and have at cordii:«; to t In-
law put my trial to CJod and my conntry, that
is to say, to these honest men whicii have
found me not guilty; I humbly bejeiTh you to
give me such benefit, acquittal, and jiidgiueut,
as the law in this case doth appoint.
When the Prisoner had said these words, the
commissioners consulted together.
Throckmorton, May it please you my lord
chief justice to pronounce Sentence for my dis-
charge.
Bromlrif, Whereas yon do ask the benefit
liuit the luw in such case doth appoint, I will
give it you, viz. Tliat where you have been in*
dieted of sundry high Treasons, and have been
here this day before the queen's commissioners
and justices armigned of the said Treasons,
w hereunto you have pleaded Not guilty, aad
have for a trial therein put yourself on God and
your countr>', and they have found you Not
guilty, the court doth award that yon be clearly
discharged paying your fees. Notwithstanding,
master Lieutenant take him with you again, tor
there are other matters to charge him with.
Throckmorton, It may please you my lordf
and masters of the queen's highnesses privy coun«
sel, to be on my behalf humble suitors to her
majesty, that like as the law this day (God be
praisetl) hath purged me of tlie Treasons
wherewith I was most dangerou>ly charged, so
it might please her excellent majesty to purge
me in her private judgment, and both forgive
and forget my over nish boldness, that 1 used
in talk of her highnesses Marriage with the
prince of Spain, matters too far above my ca-
pacity, and I very unable to consider the gra-
vity thereof; a matter impertinent for me a
private person to talk of, which did appertain
to her highness's privy council to lia\ o In deli-
beration, and if it shall please her highness of
her bountiful liberality, to remit my former
oversights, I shall thhik myself happy for trial
of the danger that I have this day escaped, and
may thereby admonish me -to eschew thing!
above my reach, and also to instruct me to
deal with matters agreeable to my vocation ;
and God save the queen's majesty, and grant
the same long to reign over us, and the soma
Lord be praised for you the magistrates, before
whom I have had my trial this day indiHVrently
by the law, and you luive proceeded with uie
accordingly, and the grace of God be amuiig^l
you now and ever.
There was no Answer made by any of tlie
liench to tlie prisonei's suit, but the Attoraej
did speak these words :
Atttyrnry, And it please you my lords, for-
asmuch as it seemeth these men of the Jury,
wliirh h:i\e strangely acquitted the prisoner of
his Treasons ^^h•/reof he was indicted, will
forthwith depart the court ; I pray you for the
queen, that tliey, and every of them, may he
b()lind in a recotznizance of 500/. a piece, to
answer to such matt.ers as they shall be charccd
with in the queen's beiialf) whenfoevcr they
shall be charged or called.
Whethlon. I pray you, my lords, be good
unto us, and let us not be molested for dis-
charging our consciences truly ? we be poor
nicrciiant-inen, and have great charge upoa
our han<N, and our livings do depend upon our
travail*; iherdbrcit mny please you to appoint
us a certain day for our appearance, because
perli.tf.s else some of us may be in foreign parts
about t)ur busine.-s.
The C^)nl•t being dissatisfied with the V«^
diet, coniuiitted the Jury to prisoa.
SOI]
STATE TRIALS, g Euz. li67^Trid<fEaTiBoth>se!t.
[902
PucEEDtsci AGAINST SiK NiCKOUS Thiockhohton's JuHY. [S HoUng. 1121, }126,]'
t liberty upon paying llieir fines, whicli wer«
Oh Fridny the 96tb of Oct. thoie men nhn
bod been of Throckmottan's Inquest, bein^
in number eiubt (li>r the other luur were de-
livered out of itrison, fur that iliey submitted
iheiDselves, and laid tliey hnd afTendcd) uiiere-
of Kmoniiel Lucar and Whetsloii were chiel",
were called before tbc Council in ibe Slar-
Chuinber, where they ufBnned, Ibut they had
done >11 things in that matter according to their
knowledge, and with goud conscience), even as
ibej should ansner befura God at tlie du; of
judgmenl ; and Lucar said opciilj before all
the lards, that they had done in the matter
like honest men, and true and faithful lubji
supplication, therein declnrin^ their ffio
' It amiiunt tn the sum of (luit, which tbej
oppointed lopay; and su upon that de-
claration, paying threescore pounds apiece,
tbeyweie delivered nut of prison on St. Tho-
mas's day, beiug the ai»t of December. *
* Sir Nichola^Throckmorlon being accused
and tried as an accomplice in Wyat's conspi<
racjr, w:is acquitted by his Jury for want of
sufficient proof in cundeiun him ; for this the
_ Jury were severely fined. So ilie Juries wer»
and "ihi'iVfbi«*they hulnbly 'beso'iVgiji the''"'lord. deprived of the liberty of judging according to
chancellor and the other lords to be means to d'cir consciences, and, instead of being go-
the king's Olid queen's majesties, that they "^^^d by proofs, they were to examine hovr
mielit be dischaigcd and set at liberty, and '"« ^""^ ""'"' affected to llie prisoners, and
said, that tbt7 were all cnntenied lo submit ^y H'« 'le'e">i'r>e llieir verdicts. Tl.is rigonr
themselves lo their raajesiies, saving and re- eiecuied upon the Jury w.is fatal to sir John
aerving their truth, consciences and honesties. Throe L mo rton, wlio t.as found gmliy upon iha
The lords takitig tlieir words in evil part, judg- sameevidenceon whichhis brotlierhad beta ac-
ed ihem worthy lo pay eicesMve fines; s
quilted. T Kapin 134.
In Padc's 'f Memoirs of tlie Ule and Poeti-
" cal Works of Milton," 4to. is a Poemeutitled
" The Legend of Sir Nichulas Throckmorton,
" Itnt. Ciiief Butler of Engtaiiil, who died by
" poison, *, D. l.'iTO, an Jli'iorical Poem; by
suid ihcy were wuiihy to pay a thousand
pounds apiece, others thiit Lucar and Whttslon
were worthy to pay a ihousar.d marti apiece,
■nd the rest SOOL pounds apiece. In conclu-
•ion sentence was given by the lord c ban ceUor,
that tliey should pay a thuj^und marks apiece
the least, and that they sliould go lo prison
■gain, and there remain, till lurthcr order were
taken for their punishment. — Upon the 10th of
Nov. the sherim ofLundon bad commandiocut
lo take an inventory of each one of ihcir goods,
and to seal up their doors, which wa» done
the same day. Whelsion, Lucar and Kii;htly
were adjudge<l lo pay -iOOOl. apiece, and tlit-
rest 1000 marks apiece, to be paid within one ' i^x'nl
fortnight after. Trom this nayment were c». ^^^ ,^,j ^j^^ ^.^ ^ P«;ident not rife.
empied lloie four who had confessed their „„. [ arraign'd of 1 reason was set free
fault and submitted themselves, \a. Loe, ay Juror's Verdict, not to lo<e my life :
Pointer, Beswicke, and Cater. Upon Wednes- Ti,e ^|y a ,„r „ of my degree,
day tlie 13th of Dec. five of the eight Junirs, I mcnn that wsb but of ^nlililie;
vlu lay in tlie Fleet, were discharged and set Vet five escaped of nubilitie.
Bi!csuse the Chronicle dolh show at latge
My Accusation and Acquittal ImIIi
1 mean tliereliy tp ease me of that charge,
Lc^t that my being tedious tliou do loath,
Ycl read it when thnu bait convenient Irisnre;
Perhaps mjr passed pain shall bring thee plaa-
53. Tlie Trial of James earl Bothwell, for the Murder of Henry
lord Darnley, Husband of Mary Queen of Scots ; at the Senate
House of Edinburgh : 9 Eliz. April 12, a.d. 1567- [Buchanan's
Hist, of Scotland, B. 18. and Appendix 30. Laing's Hist,
of Scot. i. 65. ii. 3U.]
cntes of our sovereign lady, and in her name |
and there the said Mr. John Spence produced
letters from our said sovereign lady, executed
and indorsed with tbc Summons : the lenor of
which Leiter^, Endorsements, and Suminona
berciifier fuUons i
r/ie CoMMisaios- of Man, Queen of Scott, t9
try Jamri Earl Bathwell,Jur the MurJer of
htr Uutbaitd Henry Lord DamUj/.
At Ibe Justice Court of our sovereign lady
Ae queen held and begun in the Senate-House
ofEdinburgb, tbe 11th dnv of April, 1567, by
the noble nnd potent lord Archibald eatl of
Argyle, lord Campbel, and Lord Justice Gene-
lal for our sovereign lady, in all parts of her
realm, where there is a Convention and lawful
Assemlily of Jwlges. In iliis Court appeared
personally in Judgment Mr. Jolui Spence of
(joadi, flod Kab«K Crickon of Cboc, Advo-
STATE TRIALS, 9 Elii. I5«7.— 7>«Vi/^£or/Bo(A»iK«,
[Wl
Mahv, l)y tlic t-r-iccorUod, ijtiecn of Scut-
Innd. Tu our bcUived iQaitere WiIIjhid Purivn,
'William IjiwjoD, Uawiii Rainiey iiit.-wengt:ra,
our shcritlii in tliat part coiijuncllj and seic-
rally cunstitute, greeting. Whereas it bss
been most humbly reiuuiistmced to m by our
beloved mid faithful touiihcllors, Mr. John
Spencc uf Conde, and. Hubert Crichtoii of
Choc, our advocates, that they ave inli>rmcd
ihatokir well beloved couiiii and counsellor
Jtiatthen carl of Lennoi, father iif our most
deiir bpout«, has asaerted, That Jnmes earl
Buthwell, lord Ilallis and CreygcliEoii, !ic. and
•oiue ulhera, were the ccjntriven of the rrai-
lorous, cruel, detotuble, nnd abomiiiabie Mur-
der uf his highness, comiiiitied tlie 9th day of
Februnry lost past, in the dcnd of llie night, in
liii Piilace, for tlia lime bci'i^, in our city of
£diiiburgb, near the Church in the fields, wil-
fully aod with premedi I olcd felony; and have
declared their auspicion ufllie siiid e.irl and
otliera, ns bnvjag cotDmitted the laid cruel iind
horrid Murder. And having tlicrcfure resolved
thaitbetruthofit ghoutilbe trieil,in iicnurtcuf
justice, nith all poasibit: diligence ;itid brevity, we
Jiavc by the advice of thelords of ourprivy-tciuu-
cil, Bn<l also at the humble roi[Uc«t and petition
of the s:ud earl Boilmcil made to us anrl in our
prepuce; oiferii^ tu submit hinisplftoaf.iirlriul
of what he is cbar|;ed with, ucconlini: to the b» s
af tlte land, ordered n cntirt of jti&lice to meet
in the S.>iiatc-l]uute of Ediubnrsli uu the 13th
of April neu iniuing, in unlcr to do justice
upon the said carl aud others lor comniiiliitj'
the said cruel and abomin:ihle trinic and
offence, as is more at lurge tct f jrth in an Act
inserted in the Registers of unr s.iid Prity-
C^uuncil. Therefore it is our ple.i-iure, and wt-
fujoin and command you most expreiily. that,
incontinent thG:iC nur kiters sem, you pn>-
ceuit, and, m our name and authority, i luon
the said .Vlattliew earl of I^imux, at hit own
hnuie, tu appear lu;i.ther with all others uf our
Kubject-^ havin;; and prrtendiii)' to have inter-
M in this cau^e, by public I'roi'lamalion made
at the MarLet cni-Ms nf our towns of l^din-
burgh, DumbanoD, Olnsijow, I.nnerk, and
othtT places iiect;«;iry, to the t"id lhu( thry nir.y
Kppi-ar hcfiirc our .ladi;c<, nr tlieir deputies, in
uur SeiiHte-llouseat Kdmli.ir'.ih, on ilie taid
I'iilidty ofApiilnest vntuini^. and .join with
us ill the pniw-cuti'in <>( thii c.l^lSl-, by (;iviii[;
ti:eni a tunnuuns. And In cu:i.' that tlii'i d<i not
apjiear, »t: urdrr (hat our .India's, ur tlieir
■Irputio, sh:dl priTci'd and (;iie ^enlcncp the
■amc day, ncciiiiiiii-: tu lli<- hms and cu^t^int
nfiiur realm, nitli-int any larthiT deby or jini-
1 >iit>albiii i and that jPnii suntinoii cverv one
<if tliem III appear the iiuine day, under tla' pe-
nalty iif a line of iOl. kliTlini;, Inr which they
•h.di luistier before ii«as fin' tlicir own act
ami ■ht'd. And |i>r tlib end, »* give Ut eVerv
nae of von oinijnictly and saverally our fiill
|>'m'cr,liy tliesc»iirleiiei»,io the intent tlmt
vuu may deliver and excculc then duly, and
tailone tbcm tii hito wbo rtiaU be 1^ bnier
iliervof, . Q'ato luder ov ■*•! «(
Lhs 97th dny of .March, and of aur rdgn the
Z5tli, in the yt-ar 15(i7. bigned ftccordinglj
\ij advice ufllie queen's council. Mait.
What was indorsed on tlie back of the said
Commbsion.
Tbeigthdayof March, 1567. I William
Purtcs, niissciiger and sheriff constitute for
that part, accurtliug to the commaud of the
Letters uf our sovereign lady, and in her name
and authiirity, have summunrd Maltbcw eail
af Lemiot, and all others of her m^esty's sub-
jects, having and pretending to have interest ia
what is within speciticd, by public Proclamation,
made at the market cross iif the city of Bdio-
bur^^h, in order tii appear befure the Judges
or their deputies in the .Senate-House at EdiD-
burgli, the I2lh day of April next ensuing,
and to prosecute andjnin wiih our said tore-
reign lady, in the cause herein set fjrlh, willi
tlie summons as it is mentioned in the said
Connnistion ; a copy of wlitch ! have affixed
tr> the rruss of the said market, in presence uf
John Andersoun and Daiid Land, and many
others. And in fnrther teslimony ol' ihi-- my
exccuiiiin and inilorsamcnt, I have hereunto
set luy seal. Signed Wii.liak I'luvej.
Aniithtr Summoni.
The Intt d:iy nf March but one, the 1st and
2nd days of April, m tlic yearabove-mcoii'iiied,
I (iawiii Kaiii'.i-y nnisseiij^er, and one of the
shi-rilis c(.n«i(uti; for that part, went iicrordini;
to llic command ciintuiued in the Letters uf
our sovereign lady, and iti her name and antbo-
rity smnniuned the said Muiibcw eail of
Lennoii, pnrticnlarly at his lunises in Glatcatv
and Oumbartoii. And uliere.is I sought hini,
but could not find him in person, nur ht-r ma-
jesty's otlier sublei-ts, pretending to Imve in-
terest in the pni^erntiou of the cause heri-ia
set forth, I made a Proclainaiiun at the market
crosM.1 of the towns of Gloscow, Dumbarton,
and Lancrk, in order to make them appear
beluTo the judgr or his deputy, nt the said
l>enatc-liouse of Kriin burgh, on ilie said l!th
day of April next ensuing, and to join in the
Erustculion with th>: i(ueen uur suit! sovi^reign
uiy, in tiie anion within mentioned, with tfte
summons, as it 13 lliere declared, and acoittlia^
to the form and tenur of her letters, ol' which
I haic set up a ropy on each of the said
cros-es ill liio'c marLef. I have done and
executed tlii* alKitc iKfure the witnc-sen that
Jollim, vi7. (;et)riie Hcrl-esoun, Nich. Andrew,
I!..!.orl LcttcrJc mc.-enKer ; W,n. Sinollel,
John II.iii>ilion, Jain. Baniiaiine, Uobert Ha-
niilt'm, and ni.my other-. And in tiirtlxr
(■■•■iinony heieof, 1 have signed these preseau
withniy'sign manual. Gawis Uahsct, mei-
An^lhrr Summom.
: CmnmiKion of our Kivet«iKn lady
f» ttn market GnMofFcnfa, aniltbcTr, hj
005] STATE TRL\LS, 9 Eliz. 1567,— far the Murder qfLard Barrdey. [905
public Proclamation made according to law, I
summoned Matthew earl of Lennox, and all
other subjects of our said sovereign lady, having
and pretending to have interests, in order to
prosecute James carl Bothwell, h)rd of Hallis
and Creygchton, 6ic. and others, fur the cruel
Murder committed on the king ; and have
atiixed a copy on the said cross, according to
the fonn and teoor of these presents. And
this in presence of the witnesses hereafter
named^ viz. James Mareschal, Alex. Borth-
witli, and John Anderson, messengers, and
many others. And in further testimony of this
my Execution and Indorsement, 1 have signed
these presents with my sign manual. Signed
accordingly, William Lawson, messenger^
with my owa hand.
The Indictment,
You James earl Bothwell, lord of Hallis,
Creygchton, &c. are indicted on account of
the cruel and horrid Murder of the mo*t excel-
lent, most high and most mighty prince the
king, the late most dear spouse of tlie queen's
majesty, our sovereign lady, committed in the
dead of the night, at his house near the Church
of the Fiehls in this city, as he was taking his
rest, by treasonably setting tire to a great
quantity of gunpowder in the said hou^e, by
the violence whereof the whole house was
blown up into the air, and the kinc; himself by
you killed traitorously and cruelly, wilfully,
and by premeditated felony. And tliis' you
did the 9th day of Feb. last p'tist, in the dead of
the night as aforesaid; as is notorious, and you
cannot deny.
Upon the producing of which Jitters, so
executed, indorsed* and published, the said
Advocate demanded an Act and instrument in
the court, and required tliat the Judge should
proceed according to the t'onn of them.
These Letters being rend in Judgment with
the indorsements, the judge, by virtue thereof,
ordered the said James earl Bothwell to he
called at Defendant of the one part, and Mat-
thew earl of Lennox, and all other subjects of
oar said sovereign lady, pretending to prosecute
tMs matter, as Plaintiifs on tlic other part ;
that they might appear in court, and exhibit
tbeir Cainplaiots and Defences, according to
the l«wt of the realm.
And immediately appeared i# Judgment .the
nid Jamet earl Bothwell, atid entered the
Court in person; nfter which he chose master
David Bothwick of Lutchill, and Mr. Edmund
HaTf for his Advocates^ who appearing also in
inq^lMDty were admitted by the Judge for that
cfieet*
A)ipeared also Mr. Henry Kinloch, calling
ikfimti proctor for his mnstter Andrew lord
'^^ ' -jonMable of Scotland, und alledged, that
*^Mit of the realm had at all times been
be the only judge competent of men
vality, when accused of having com-
rrier and bloodshed near the prince's
mA four miles round ; and therefore
Mter being at urescnt constable of
wa^X ^ be judge to James earl
Bodiwell, and others his accomplices, sum-
moned to appear this day, and to he charged
with the above mentioned act of the ciuei
Murder of Henry king of Scotland. And in
case that Archibald earl of Argyle, as Justice-
General of this realm, proceed and take cogni-
zance of this fact, thie said Mr. Henry, proctor
above-mentioned, protested solemnly that this
trial should not be prejudicial to the said con-
stable, his othce, right, title, proHt, jurisdiction,
and possession, in any manner whatever ; but
that he might exercise his said jurisdiction in
all such cau!»es for time to come, according to
the seisin of his office, and take cognizance of
them, as his predecessors had been used to do
in the like Ciise. I'his he would make appear,
by the possession which his predecessors nad of
it at all times and otherwise; and he required
that this Protestation should be registered in
the Acts, and alHrmed that the jurisdiction of
the present judge ought not to be allowed in
this case.
The Judge having no regard to this Protesta-
tion, did, by advice of his assessor, decree,
that he would take cognizance of the fact not-
withstimding. since nothing had been produced
by the said Mr. Henry, to verify the contents
of what he had alledged and protested: Of
all which the earl Bothwell demanded an Act
and Instrument.
The said Matthew earl of Lennox, and other
subjects of our sovereign lady, ha\ ing and pre-
tending to have interest in this prosecution,
being called several times to appeiu", and to
join witii the said Advocates in prosecuting the
said action, there appeared Robert Cunning-
ham, who called himself servant to the said
Matthew carl of Lennox, and exhibited a
Writing, signed with his own hand in full
colirt, as b^ing authorized thereunto, and made
a Protestation and Itequisi'ion of the whcde,
agreeable to the said writing; of which the
tenor follows :
The Protestation of the Enrl of Lennox.
My lords, T am come hither, being spnt by
my master my lord of Lennox, to declare the
cause uhv he is this dsiv :ibst:ir, having full
povvtir from hini for tliat ctf»;cr, as the truth is.
The cau.sc then of his absence i- the shortness
of the time allowed him, and tiiat lie is hindered
to have his friends and ^Prranis, who ought to
accompany him for his honour, and t]:e hafely
of his jjersoii, considering tin; strength of the
opposite party, and tliat Ijo hw^ no assi^-tance
from any of his friends, but. muj^i stiind by him-
self: Tljcrefore hi-s l'jrd«.|jip ha^ commanded
me to rtiquire aiiutJier c(»?H()r;frnt <lay, accord*
in^ to the impo.tanoe of tiii* canst-, tliat ha
may be here present; but if you v/iH proceed
now, 1 protest, ihac I m:»y, uithou>. oHcnce to
any person, make use of the antl:ofify cun-
mitted to mr by my said I'jrd :\nd i% '*>J*», of
which I dcniantl an Act. — Item. I pr. i* •*. ».' &t
if those who assist ui ihi< Ju.''.:ni«.'!: :*.*'• re-
quest upon the person* j^rru^ee, «'»«*. ' .•-' ■*:^-^
to acc^uit l\vcuko{ XXwtV.t-^i Vi* »:.*.■■ ,vjc- "«
J07]
STATE TRIALS, 9 Eliz. 1567.— Trial qf Earl Bothxvell,
[908
shall be held as a voluntary error, and not of
ignorance ; since it is notoriously known who
they arc that have murdered the king, as my
said lord and moster affirms ; of which Pro-
testation I require an Act thus sigucd, llohert
Cunningham: of tlie production of which
Writing and Protestation the said Robert de-
manded an Act and Instrument.
The Judge considering the Writing and Pro-
testation produced by the said RoTiert Cun-
ningliam^ and having re;;ard to the Letters sent
to our sovereign lady, by Matthew earl of Len-
nox, also produced and read in judgment, tlie
tenor of which is hcreafler inserted ; by which
Letters and Writing the said earl of Lennox
requires, that a brief and summary trial may
be made of this cause : and having iUso rc-:rard
to the Act, and the Order thereupon taken by
the lords of the privy-council, and other such
things ; and to what the advocates iusi^-t upon
at to the same fact, requiring thit justice may
be done to the said carl Bothwoll ; and taking
notice likewise of the Kcnncst and Demand
t?hich he hns made, that the whole inny be
thoroughly examined ; the Judge, by tlic ad-
vice of the lords and barons his a^si>t:nils,
found that they nu|i)it to proceed (o the deci-
sion of the liiiid Catiai- the same diiy, according:
to the laws of the rcnhn, notwithstanding the
Writing and Protestation produced by thi* s:iid
Robert Cunningham, and that in the iiie:in
time he shall be adniilted to join with and as-
sist the said advocates, for the final Trial of
the said cause, if he thinks good.
Copies of the Lcftcrs sent to the Qud'n by the
Eirl of Lennox,
Madam ; I return most humble th.inks to
your majesty for the gracious and coniolotury
letters wiiich I rvccived the '^4th of this pre-
tci\t inontii : by which I perceive thsit it is
your majesty's pleasure to put oft' the Trial of
this late exccral.»Ie fact, till the ParUament
meets. Mav it picasc vour nialestv to consi-
der, that thoui^h 1 lie assured that your highness
must needs think tl:c time long till the truth of
this fact be found .out, and the authors of it
punished according to their demerits ; yet I
most humbly beg pardon of your majcMy for
troubling and imp'>r:nn:ng ytm so often as [ am
forced to do, the ati'air heing such as touches
me so near ; and th.-rtfore mobt humbly re-
quest, that your majesty would take in good
part my ailvice as follows : It is, that it is to«)
lung to wait for the mecing of the parliament;
besides, this is not an alktir of that &ort, which
uses to be treated of in parliament, but being
such, and of bo grc it importance, it is eiidcnt tu
every one, it ou;;ht ralher to be inquired into
with all diliiTtncc, that the authors ujay ^u'lcr
on exemi.lurv funishmcnt. I know that \our
majesty is mur;i moro nhio to judjo of it than
I; but being infurmed that certain Placarts
or Writings have bren afiixcd t ) the CJale of
the Senate- 1 lot '.sc of Kdinburgh, which answer-
ed to your majesty *i Urst and secoud Procla-
jiMtioo^ and liaiaed loiiie penons w autbon of
the sairl cruel Murder, I most humblv request
of your maj eat}', for the honour of Cod, and
for that of your majesty and your realm, and
for the weliiire and peace of it, that you would
be pleased not only to cause those who are
named in the said placarts to he apprehended
and put in safe custody, but likcwibe tu assem-
• ble your nubility with all possible diligence,
and then to summon by Prorlamation the
authors of the said Placarts to appear for the
ends therein mentioned ; and if they appear
not, your majesty may, by the advice ot your
nobility and council, set at liberty those who
are therein named. Your majebty wiir do an
honourable act in bringing this matter to this
ibsuc, that according as the matter shall appear
to your majesty, you may puniiih an«t ciiabtise
the authors of this cruel fact ; or if the yiid
Placarts shall be found false and of no validity,
those who are charged may be acquitted and
set at liberty, according to your majesty*s good
pleasure. Madam, I proy God Almighty to
take your majesty into his protection and safe-
guard, and to preserve you in health and happy
prosperity. From ilowstoun the 2Gth of feb,
A Second Letter from the Earl of Lennox,
Madam, I Ix^ccch your majesty to attend to
what follows : Your highness in your last let-
ters acquainted me, tliat if there were any
names in the Placarts, which were set up at
the dour of the 8cnate-Iiouse of Kdinburgh, of
such per>ons as L thought worthy of condemna-
tion, for the Murder of the king your majesty's
husband, you would, according to my advice^
miike it your business to bring thtiu to Trial,
according to the laws of ihi > realm, and as the
nature of the crime required. May it therefore
please your majesty to know, that from the
time I received your said Letters, I always ex-
pected that some of those bloody murderers
would be m<ide openly kntiwn to you ; but
since I perceive they are nut, 1 camiot find in
my heirt to conceal them from ynu any longer.
Your innjevty therefore has here the Names of
those whom I greatly suspect, viz. The e;sri of
Dothwell, sir James liallDur, and Gilbert Bal-
four his brother; master David Chamers;
black master John Spenee ; the sieur Fraiicit-
cus Dabtian, .lohn de Ihiordeaux, and Josepbi
the brother of Daw Ri/io : who:ii I most
humbly bcscech your majesty, according to my
former Pc-iition, not only to cause to be appre-
hended and committed to safe custody, but
aUo with all diligrncc to assemble your nobility
and council, and then tu take sueh adtice
about the fict of the persons abovcmcntioned,
as tliey may be duly examined. And as I
hope, so I make no doubt, but that by proceed-
ing in this manner, the spirit of God will asiist
toward brini;ing it to a good conclusion. Here*
in your majesty will do an act holy and ho«
jiourable for yourself, who are e party, and
highly 8ati«fy those who stand in any relatioa
to tlic deceased, whom yon loved so -dearly.
And not doubting iliafr your majeitj will give
proper orden for the wliole^ ftccofdjflg ta clu
»09] STATE TRIALS, 9 Eliz- 1 567.— for the Murder of Lord Darrdey. [9 1 0
importance of the matter (as I most himibly
beseech you to dn) I shall pmv to Almighty
God to take you ii)to bis protectioDj and to ^ive
you long life and health with grace, that your
reign iniiy be boih long und prosperous. How-
itoun, March 17.
The Names of the Judges or Jury deputed for
the Absolution of' the Earl of Holhwelt
Andrew earl of Rothes, George earl of
Caithness, Gilbert carl of Cassiis, lord Jolm
Hamilton, commendntor of Arbroth, sou to the
duke, James lord Kosse, Robert lord Semple,
John IVIaxwcll lord Harris, Lawrence lord Oli-
phant, John master of Forbes, John Gourdon
of Lochinrar, Robert lord Boyde, James Cock-
bum of Lanton, John Sonnncrville ofCumbus-
nethan, Moubray of Barnbougal, and Ogilbye
of Boyne.
The above-named being chosen, admitted,
and s^orn to give sentence according to cus-
tom, and the enrl of Bothwell being accused by
Indictment of the crime above declared, and
submitting and referriug himself to the Sen-
tence of the said Judges, they went out of the
Senate-House to another place : and after hav-
ing long disputed together upon all the articles
or the said Accusation, tliey did each of them,
one after another, declare the said James earl of
Bothwell quit and absolved of the whole, and
every part of the Murder of the king, and in
general of whatever depended on the said ac-
CQsation.
Afterwards, the said George earl of Caith-
ness, chancellor or president at the said Trial
(i. .e. Foreman of the Jurv) as well in his own
name as that of the otlier judges, demanded an
Act, to the end that as well the advocates, as
the said Robert Cuuingharo, having a jM-oxy
from tlie earl of Lennox, and all others whom-
soever, might be debarred hereafter from pro-
ducing any other Writing or Proofs what-
soever, in order to support the said Indict-
ment, and that the Judges might not be in-
duced to give any other opinion than they had
done before ; the rather because nobody had
proved the truth of the Accusation, nor so
much as any part of it, and that no accuser
appeared but the above-mentioned, who were
presented in order to c^rry on the Trial: and
therefore the Judges having regard to the
same, declared him free as far as they could
bare any knowledge of the fact, with a Pro-
testation, that this niigtit not be afterwards im-
puted to them as a fault. Which Act and
Protestation, when the said earl of Caithness
president and some of the judges above-men-
tioned, returned to the court in the Senate-
House, and before the pronouncing of the
aforesaid Sentence, was, at the request of the
said earl of Caithness, read publicly, and in full
court, and he demanded an Act and Instru-
ment of it, protesting us above.
Extr^ted from the Registers of the Acts of
otu* sovereign lady's court of justice, by me
John Bellendeo of Aucbnoule knight, and
clerk general of the said court, under my
si;;n manual. Si^jned, John Beilcnden,
clcf k of the court.
Note, That at the same time Protestation
was made by George earl of Caitliucss, Chan-
cellor of the said Assize, that the said Dictate or
Indictment was not in this point true, viz. al-
ledgin<; the muider to be committed the 9th
day of Feb,, for that indeed the murder was
* committed the next day, being the 10th da^ in
the morning, at two' hours after midnight,
which in law was and ought to be truly ac-
counted the 10th day: and so the acquittal
that way, but caviliingly defended.
The Proclamations and PlacartSy in Answer t§
them mentioned in the Trial, and others that
happened after, were as follows.
Incontinent after the Murder of the king, tlit
lOth of February, 1566, a Proclamation was
issued, setting forth, that whoever would dis*
cover the Murderers should ^ have 2000/. ster*
ling. This Proclamation was answered by a
Placart, fixed on the door of the Senate-house
of Edinburgh, on the 16th day of February, in
form as follows : * Whereas public Notice has
* been given, that whosoever will discover the
* Murderers of the king, should have 8000/.
< sterling; I who have made enquiry by those
' who committed the act kself, affirm, that the
* authors of the said Murder are the earl of
' Bothwell, sir James Balfour, the curate Elisk,
' master David Chambers, and black master
' John Spens, who above all was the principal
* author of this Murder; and the queen, who
' consented to it at the persuasion of the said
* earl of Bothwell, by the witchcraft of the lady
' Buccleugh.' — Upon this, another Proclama-
tion was issued the same day, requiring the per-
son who had set up the Placart to appear, own,
and subscribe it in person, that he might have
the sum promised by the former Proclamation,
and more if he deserved it, as the queen and
her council should think fit.
To this the following Answer was given and
set up at the same place the day following. —
' Forasmuch as a Proclamation has been issued
' since I set up my former, requiring that I
' should come to subscribe and own it ; for Ari"
* awer I do likewise require, that the money
* may be consigned into the hands of some man
' of substance, and I will appear next Sunday,
* and four others with me, and then I will sub-
* scribe and maintain what I have said. More^
' over, I require that the Sieur Francis Bastein,
' and Joseph the queen's goldsmith, may be ap-
' pre bended ; and I will declare what each of
' them and their accomplices did in particular/
To this no answer was returned.
Though the earl of Bothwell was acquitted as
above-mentioned, yet knowing that the world
did still esteem him guilty, be did, in order to
clear himself further, set up a Paper in the
Market-place, bearing, that albeit he had been
acquitted by law, yet to make his innocence
the more manifest, he was ready to try the sama
by single combat, vf \\Vv ^tv^ m%xv ol \)»wiN«iSX^
Pll]
STATE TRIALS, 9 Eliz. IdOl.^-TrialqfEarlBothtoell,
[9\2
birth and reputation, who would accuse hiin of
the king's Murder.
To which Answer was made by another
Placart, set up immediately after in the same
place, * That forasmuch iis the said earl of
' Bothwell had caused h l^hicait to he bet up,
' signed with his own hand, where hy he chal,-
' lenged any man of quality, and of a fair repu-
' tation, who would and dared to say that he
* was guilty of the Death of the king;' ad- j
ding, that he who said it, or went about '
to buppurt that charge, should be forced to |
eat his words; a gentleman of honour and
good renown accepted his offer, and said, he
would prove by the law of arms that he wiis
the principal author of that horrid Murder, of
which the Judges had rashly acquitted him for
fear of death, after so much inquiry had been
made into it. And whereas the king of France
and the queen of England required, by their
ambassadors, that the said Murder might be
punished, he also intrents their majesties to in-
sist with the queen, his sovereign lady, that by
her consent a time and place may be appointed
in their countries to combat the earl, according
to the law of arms, in their presence, or in that
of their deputies ; at which time and place he
promises and swears, on the word of a gentle-
man, to be present and do liis daty, provided
their majesties will, by Proclamation, grant
Saie-conduct to him and his company, to pass
and repass through their dominions without any
molestation, lie refers it to the judgment of
tlie readers and hearers what just cause he has
to desire this of the king ot France and the
queen pf England, and by this he advertises the
re>t of the Murderers to prepare themselves;
for he will );ive each o( them che like Chaj-
Jenge, and publish their names in writing, that
they may be known to every body. — To this
Bothwell made no reply.
Some time afterwards, Bothnell was con-
strained to fly the kingdom, and went fin^t to
the Orcades, and then to the isles of Shet-
land, where being reduced to extreme want,
he turned pirate : but being in danger of being
taken, he went to Denmark ; where, not being
able to give a good account of himself, he was
taken into custody ; and afterwards being
known by some merchants, he was clapt up
close prisoner ; and after a loathsome impri-
sonment tor ten years, that and other miseries
made him distracted ; and thus he came to a
most ignominious death, suitable to his vile and
wicked course of life.
Further Account of the Trial of Earl Bothwell.
Extracted from Lain'^*s History (if Scotland,
vol. i. p. (55 *.
" Tun Trial took place on Saturday, April j
Vilhf and I3uthwell, whu had returned on ;
Upon the subject of (|ueon Mary's amcern
Thursday, with the queen firom Scton, appeared
with armed retainers, and a band of hired sol-
diers, who paraded the streets with their en-
signs displayed. The fact is now universally
believed, that Morton conducted the whole
trial, and appeared at the bar witii Bothwell ;
but an examination of this circumstance
only serves to illustrate Ute proizresi of histo-
rical talsehood. In the instructions from the
lords and abbots of Mary*s party, her commis-
sioners in England are directed to plead, iu
answer to the marriage, < that most part of the
nobility, and principtiily of the usurpers, Mor-
ton, Suiiple, and Lind!»ay, gave their consent
to the earl Bothwell, and to remove all suspi-
cion, had declared him innocent by a public
tissize, ratified in parliament by the three es-
tates.' But the queen herself, ni her Instruc-
tions to her Commissioners, and in their reply
to Murray, during the Conferences at York,
maintains only, that Bothwell had received his
Acquittal from an assize of liis peers, conljrnied
in parliament by the nobility present, her op-
ponents and others; and her answer to the
accusation at Westounster, that ^he preveated
the investigation and puuishment of the murder
to which she was accessary, refers to her
former reply at York. Amidst the artful fic-
tions with which the simple fact of tlie boud
is invested, no intimation was then given of
Morton*s activity, or even presence at the trial,
or of the concern of his associates in tha ac-
quittal of Bothwell. Two years afterwards, ia
a pampldet published under a fictitious naioe,
Lesly resorts to the former instructions of the
lords and abbots, and asserts explicitly what
he was afraid even to hint obscurely when con-
fronted at the conference with Morton aod
Lindsay ; ' that Morton, Semple, Lindsay, and
thsir adherents, especially procured, and with
all diligence laboured his purgation and acQait-
tal, which the lliree estates confirmed afte^
wards by act of parliament.* An additional
fact, unknown to Lesly in Scotland, was
brought forward in France, 1572, bj the anoov-
mous author of * L* Innocence de Marie,' that
Morton accompanied Bothwell before the
judges. Blackwood scruplet^not to intimate,
in 1587, that Morton himself was one of Both-
welPsjudges ; and in Olaria Innocens,' published
abroad, 1588, under a fictitious name, Turner,
a Scottish priest and ])rofessor at Ingulsttdt,
aliinns, without hesitation, that Morton acta*
ally pleade*] the cause of Bothwell. This libt
assertion is, with sonic modifications, preferred
by Camden, that Bothwell*s cause was Visr
stuined or conducted by Morton ; and the fic-
tions of an anon\nious French writer, aad ■
Scottish refugee, arc eagerly snatcheil at by
modern apolo;j;ist.«, as historical facts. But t|ic
real authors of BothwelPs Acquittal are easiW
Life of Principal Robertson. The docoments
in the murder of lier liu.>«liand, many well know ; relating to the question are most diligently col-
volumes have been written. Some corres- leeted, most judiciously arranged, and mo^
pondencc between Uobertson and ilume about ably examined, by Mr. Malcolm Laing^ in bi^
It is given in the Appendix to Dugald Stevrari's exoellenc History of ScotUnd.
913] STATE TRIALS, 9 Eliz. 1567,
ascertained. Arj^yle, justice general, and
Caithness chancellor, or tureman ot'tlicjlir^*,
sat, with Botkwell, Lesley, and J^tliingtouy in
the privy council that appointed the 'IVial.
That Pitcairn, commendaior of Dumttnuline,
lord Lindsay, Macgill, and BahienvCH, sat ns
assessors to tlie justice general, is another con-
venient assertion, for which there, is no proof.
Three of the jury, Herreis, Hoyd, and Gonh^n
of Luchinvar, were ^-elected us Mary's commis-
sioners in £ngland ; Itothes, Gassilis, Uoss and
others, subscnhed the^ bonds for her reh.'nsc,
or defence on her escape troni L«)chieven ; and
of the iifteen jtirors, Simple alone adhered
afterwards to Murray. The Trial was directed
or conducted ihtreforc by Ar^yle, and Caith-
ness, Leiily and his coadjutors at the cimfe-
rences in England ; nor is u va<;iie imputation
published by Lesly two yeurs afterwards, under
a fictitious name, sufficient to transfer the ac-
quittal of Bpthw ell, from himself and his co-
adjutors, to Morton and his friends. The
crown lawyers disclaimed, in eifcct, all share
in the prosecution, except their concurrence.
No evidence whatsoever was produced. On
the contrary, Lennox was cited as a private
accuser, to support the charge, when Cgnning-
baiu, a young man of his household, appearing
unexpectedly, excused his absence till his
friends could be collected to protect his per-
son ; required the trial to be adjourned to pro-
core support against the {•reatness of his ad-
versary, and protested for an .assize of wilful
error if the murderers should be ahsolvt^d.
Tlie demand was oter-rulcd, and the jury ac-
quitted Bothwell of all share in the murder ;
hut their foreman was instructed to protest in
opposition tnCunninghum, that as no evidence
was pn>duce<l to ju'^tify a diiferent verdict, they
were not liable for wilful error. PVom these
circumstances it appears, that the trial was
directed by Dothwcll hinibcif, and that his ac-
ooictal was managed and pronounced by the
uiends of the queen. But whether conducted
by Morton or nor, it is also evident, that from
a collusive trial, directed by llothwell, with an
armed force to suppress the evidence, and pre-
vent the appearance of the accuser, tlie queen
could never have conceived thnt he was inno-
cent, when, in the opinion of the whole nation,
as well as of impartial posterity, the circum-
stances of his acquittal served only to estab-
lish the reality of his guilt. The plain, and the
only sound conclusion is, that in consequence
of the remoRstranrcs from I'mnce and Eng-
land, Mary sought in the trial for such a decent
nretett to her friends abroad, rather than to
ber subjects at home, as might justify her in-
tended marriage with Bothwell: liiat he was
accused indeed by public rt port, but nc^iuilted
by a judicial sentence of ail concern in the
mnrder of her late husband.
** The Acquittal was no sooner pronounced,
than Bothwell .posted up a public challenge,
ofiering as a vindication of his innocence, to
fif ht hand to hand, with any person of good re-
pat^ioDc who should dare to maintain that he
VOL. I.
—for the Murder qf Lord Darniey. [9 1 4
was guilty of the mar<ler; but the challenge oc-
occusioned miother placard, in which the charge
was renewed. As if his innocence, however, were
now incontcstiblc, he w;is appointed on Mon-
day, the second day after his trial, to carry the
crown and sceptrt*, a mark of distinguished
favour, at the opening of parhamcnt. The
commissiouci's for its opening, and the lords of
articles were selected from the queen's friends;
ancj if Mnrtim's name appears in the articles,
we at the same time di«ci»ver the abbots of
Kiliwinnirg and Aberbrothick, Lesly and Her-
reis, Both^^ell and Argvle. There was no in-
\estigati<iii>attempted, nor the least notice taken
of the king's murder ; but a severe act was
passed against the placards, that whosoever first
discovered and neglected to suppress tiiem,
should sutfer the same capital or arbitrary
punishment with the authors themselves/'
** Buchanan, Melvil, and Spottiswood assnrc
us, that Bothwell died mad, and ti.e two last,
writing after James had wintered in Denmark,
must have known the fact. Turner, in ordtr
to authenticate the confe^'sion, first asserted, in
loUH, that Bothweirs madness was a fiction of
Buchanan's, and tlie credulous Whitaker be-
heves, on Goodall's authority, that he lived at
large, uncon fined, in Denmark. But Craw-
ford's MS. inft>rnis us, that he was committed
to close prison till his death ; the Summarium
de Morte Mariae, published 1587, that, ** in
Dania captus, amens obiit" (Jebb, ii. 166), and
Thuanus assures us, seemingly from particular
infonnation, that as soon as discovered, he was
imprisoned at Dracliohn, ** in araiissimis vincn-
li", in qui buscum accusatus esset ab amicis
cujusdam nobilis virginis Norvegica^J qonm ante
plures annos, pacto matiimonio violatam, alia,
super inductn, deserucnit, post deccnniuin uc-
ccdentc nmpntia dignuin fiauiiiosa vita exituni
habuit," ii. 551. The Norwegian lady whom
he had debauched when betrothed to her some
yenr> before, and deserted for anot her, ex plains a
passage in Buchanan, that before hi.-* marriage
with the queen, duas uxores adhuc vivas ha-
buir, tertiam ipse nuper suum fassus adnlterium
dimisisset; (lib. xviii. 357) and suggested the
crimes in his confe:ision, that he had debauched
a Danish lord's two flati;dittrs, ami two daugh-
ters of a loni at Lubcck, ^c. Ilis l>ody was
greatly swelled in summer, 1575, (Murden,
285)4 and he seems to have died about tho
end of that year. His age has been strangely
controverted. Buchanan had represented
James, instead of I*atrick, enrl of Bothv^ell, us
Lennox's rival fi)r the queen regent's hand ; an«l
Tytler, who was slightly ver?<erl in the cciutro-
\ersy, ami in the history of the period, prnspni
at tho mistake, and ('(included that Bothwell,
wh(» courted the mc*tlier in 15t]<, mu^t have
been an nUi man, upwards oi' >ixiy, when ho
married the dau'ilitcr in i'yf}?. Tviler, 3 edit.
231. '1 he mistake h .d been previously cor-
rected by Thomas Crawl' >rd (Xotes on Bucha-
nan, 141) and by Ivuddiman (Buclmnanari
( >pcTa, i. 452) ; but when lonl Unites discoyereil
iluit l'a(rick, Bothwell'^ father^ dii«dL v& 9i(^«
:; N
015]
STATE TRIALS, 9 Etu. 1567.— rrio/qf Pcnwie, and otken.
[010
tembcr 1556, and that Mary herself described
Botbwell eight ^ears afterwards, as " in bis
verie youth at his first enteris- into this reulm,
immediutciy after the deceisc of his fadder."
(Remarks, 173. Anderson, i. 8i^), lord Elibank
and Tytler devised another condusion, that
Buchanan, by anticipation, described Bothwell
by his future titles, when courting the queen
legent in 1544, and that he was forty-four at
least when he married the quetn. Lord Eli-
bKnk*s letter to lord Huiles, 30. TvUer, ii. 155.
To argue against such writers would be ridicu-
lous, as it is sufficient to state their mibquotation
of Buchanan. Accesiiit sinulus Jacobus
Hepbumus comes Bothwellite, &c Is eiiim
ab Jacobo quiuto releeatus, ac etatim eo mortuo
domum reversus, eisdem artibus regin^s viduae
nupti^s ambiebat,'* &c. lib. xvi. p. 285. The
earl of Bothwell, whom James had banished in
1537, was Patrick, the earl formcily imprisoned
1531, and divorced from his wife, most
in
probably on his return from exile, iHito he
paid his addresses to the queen regent. Good-
all, ii. 310. BothweU't mother was alive at
the murder of Darnley (Paris's First Confci*
sion) ; and if born when his lather was banisli-
ed, Bothwell liimself might be iiineteea at his
fuUier*s death, and less than thirty on bis mar-
riage with the queen. From her words quoted
above, he appears to liave returned from abroad
immediately after his father's death ; and I
conceive that he was then in Denmark or Nur«
way where he married and deserted his tint
wife for another, as he passed through Ennrland
to France, on hu banishment in 1563. Dong-
las, in his Peerage, creates an intermediate
Patrick earl of Bothwell; but in 1510, we dis-
cover a lord Uailes, by Buchanan called James
Hepburn, who assassinated David Hume prior
of Coldingham, to whose sister he was mairied.
Buchanan, 960. Lesly, 371. Pitscottie, 131.
Crawford's Notes ou Buchanan, 126.*'
54. The Trial and Sentence of William Powrie, George Dal-
GLEisH, John Hay younger of Talo, and John Hepburn of
Bowtoii, concerning the Murder of Henry, earl Damley, Hus-
band of Mary Queen of Scots: with their Examinations, De-
positions, and Confessions: as also, the Declaration of Ni-
cholas Hubert, a Frenchman, commonly called Paris, in re-
lation to that Murder, and other Matters : y Eliz. a.d. 1567.
[Bib. Cotton, sub. tit. Calig. C. 1. f. 243. S Anderson, 165.
S Laing s Hist, of Scotland, 243. Buchanan's Detection.]
The Depositions of William Powrie.
Apud Eduiburgnni, 23 Junii, Ann. Dom. 1567,
in presentiH Di)minorum Sccreti Concilii.
VV ILLIA.M Powrie, borne in Kiiifawnis, ser-
uitor to the erle BuilnvcUy dcponis, That ye
ftnm day the kint; ucs sluue at nif^iit, tlie erle
Boilliwcll, accuiiipnnyt with J:ime'>Oruustoune
of yat ilk, Hob Oi'ine>t»iine his tiuler bruthcr,
John liepburnc of RuUon, and Johne Hay
icouncer, zeid togiddir to an coiin(>ek' in ye ne-
ther Tmil of ye said erle Bolliwell^ ludgcing in
ye ahbay, about four huuris cftinione, or yuirby,
und reman it yuirin twn honris,or yairhy; quhat
yai did or !>aid, he knawis not.
Item. Deponii^, Yut John llepburne of }3ul-
ton, at ten hoare«> at cvin, commandit the Dc-
ponar and Pat Wilsoune to tak up ane corria^e
of twa maills and ane tronk; azuj ye vtliir an
leddirin mail, nuhilks were lyand in the said ne-
thir hall, quhilks tlic Deponar and the s;ud Pat
put on and chargitupon twa horses ol'my lordis,
the ane being his sown horse, and cat riit the
Mime to the zct of the eutercs of the black
friers, and jaro laid the same down, quhair the
erle Bothwell, accumpanit with Kobert Ormrx-
toun and Paris, called French Paris, and vtheris
twa quhilks had cloakes about yaro faces, met
tlio saidit deponar and Pat WiUiouu. And yat
Muog XaUop the lard of .QnmtoiiiM^ apiUohB
Hepbarne of Boltoun, wet awaitand vpon ye
deponar and Pat Wilsoun, within the said tet ;
and yat yare the saidis thrc persoons withm
tho said zet, ressauit the daids twa char|;^
quhilks the deponar knew to be pulder, be-
cause the some wes in sundry polks within the
said mail and tronk ; and yc deponar and taid Pit
Wilsoun helpt yame in with tne same ; and the
powder being taken from yame, the taid Johna
Henburnc of Bolton sent this deponar fur caii-
dcll, and yat he cofl six halpenny candell fra
Gcorde Bnmis wife in tlie Cowgate, and deli-
vcrit to the said Johne : and yat ye taidt per-
son ns rcssavaris of the powder, had ane towel
wiih iheni, with ane littil licht candell; and the
saids persouns within the said xet oppjnit the
tronk and mail, and tuck out the polks with the
powder : and cverie ane of yame tuck yane
upon his back, or under his arm, and carryit
the s:inic away to the hack-wall of the zaird
yat i» next the tree<, and yair the taid laird of
OrrncstMuni', Johne Hepbume of Boltoon, and
zount; Talio, ressavit the pulder fra yame, and
wuld suffer the deponar and his marroiw topm
na furdar. And quheu the deponar andhte
marrow came buk againeto the said frier tet, dw
twa hor^.s that cnrryed the laid maill and tronk
war uway. uud xit yay carryit the Midt mail «id
tronk aipun to the ablM/, and w jiy CMMSp
tht Usck tner .«iad» iIm qi
017] STATE TRIALS^ 0 Eliz. 1567.-;/br the Murder (fLord DarM^. [01#
pnfEBod before yame with licbc toTches : and
yai the deponar and his marrow beine cumin to
the said erics ludgiog in the abbay, thai tarryit
ynre ane hour or mair, and yan the said erie
came in, and immediately tuk a(F his claythes
rat wer on, tIz. a pair of biak velvet hoise,
tnisHt with silver, and ane doublet of satin of
riic same maner, and put on ano vthir pair of
Mack lioise, and ane doublet of can\\es, and tuk
his 5ido ridrioK cloak about him, nnd inconti-
nent past furth, and accumpanyt with French
Pari*, the doponar, Georde Dalgleiuh and Pat
Wilsoun, and came down the turnpike, and
alaiig ih(t back-wall of the quenes uardeii, quhill
yai caiue to the back of the cunzie-house, and
the back of the stubillis, while thay came tu
the Canuongate. And depoiiis, Yat as yai
cnine by the ^ait of the quenes south garden,
the twa scntiuellis yat stude at the zet yai
gangis to the utter cl'oiss, speirit at yame, QUha
is yat ? and \ai answerit. Friends. The centi-
nel speirit, Quhat friends? and yai answerit.
My lord Boihwells frieiuls.
Item. Deponis, Yut yai come up the Canon-
gate, and to the nether bow, and findand the
how steikaud, Pat Wilr»on crjel to John Gallo-
%\uy, and desirit him to opin the port to fi lends
ct' my hird Bothwcll, quha came and oppyoit
tiie port, and yai enterit, and zeid up aooue
Bit?->yutiiies house on the south-side of the way,
and knockit at ane siaire, and callit for the
kinl of Ornicstoue, and Robert Ormestone, and
nuiie answerit fame, and yai yan slippit down
aiie cloiat beneith the frier wyi^d, and Come to
the zet nt the black triers, and enterit in at yat
let, 9md seid quhill yay come to the back-wall
and dyke, quhaire the deponar and Pat Wilson
left tlie vtheris p«rsouns l>ef'ire exprymit^ with
tJie powder as said is, and yaire ttie erle Both-
wed le past in over the dyke, and bad the de-
ponar, Pat Wilson, and Ueorde Dalgleish tarry
still yaire while he come backwart to them.
And furder deponis, Yat yai tariit yare half an
houre, and hard never din of any thing, quhill
at last my lord, accompanyt with zoung Tallo,
and Johnoe Ilepbume of Boltoune, come to the
deponar, and vtheris twa persons being with
him, and evin as my lord and thir twa comes
to the deponar and his marowis at the dyke,
thai hard the crack, and thai past away togid-
der out at the trier zet, and sinderit quhen yai
came id the Cowgait, pairt up the blackfrier
wynd, and pairt op the doiss which is under
the endmyliis well, and met not a u hill yai came
to the end of the bow, and zeid aown ane cloits
on the north-side of the gait, to haif loppin the
wall of Leith wynd, and yair my lord tnoucht
it over beich, and came again aback to the
port, and caused cry upon John Galloway, and
•aid yai war friends of my lord Bothwilis. And
John Gallowav ruse and let them furth, and
tyno jai past down St. Mary's wynd, and down
At biick xaifds of the Canon^ait, and to the
Mid.erkt Indgiog; and as yai past the quenes
lowdi befora apecifyit, sum sentinells speirit at
Bqdbftjai war, and yai answerit, yai war
I of my lovd Bothweill ; aad als speirit
qpshat crak yat was, and yai answerit, yai knew
not; and yat the sentinels bid them, if yai were
seivandis of my lord Bothw^eill, .to gang yair
way. — My lord come into his ludgeine, and im-
mediately callit for ane drink, and tuk off his
cloatbcs incontinent, and zeid to his bed, and
tarriet in his bed about half an hoiir, quhen Mr.
Gentyifi Hacket come to the zer, and knocks,
and dc:iired to be in ; and quhan he came in,
ho appeared to be in ane greit effray, and was
hiack us ony pik, and not ane word to speik.
My lord tuquirit, (^ihat is the matter, man ?
and he answerit, The kingis house is blawn up,
and I trow the king be slayn. And my lord
cryet, Fy, treasoun 1 And yan he raise and pat
on his ciaiths. And y«ireftcr the erle Uuntley
and niony came in to my lurd, und yai ^etd into
the queues house.
Item. Deponis, yat upon the nixt nicht
eiVer, my lord desyrit yis deponar, Pat Wilson,
Georde Dalgleish, the laird of Ormestoune, and
Hob Ormestoune, John Hepburn, and zoung
Tallo, to kcip thair tongues doifs, and yai
suld nevir want sa lang as he had, and yat he
suM send the deponar and Pat Wilson to the
annita^e, and yat yai suld l>e honestly sustainit.
And being inquirtt, gif this deponar, at my lord
Bothwells desyre, socht ane tyne lunt of anj
of tlie suddartis : and answerit, yat he did tfaie
same, and gat a piece of6ne iunt of half a
faddome, or yareby, fra ane of the suddartis,
quhnis name he knawis not, and deliverit to
Johne Hepburne of Botoune, upon Saturday
before the kingis slaughter.
Apud Edinburgum, 3 Julii, a. d. 1567, in pre-
sentia Domiuoruni Secret i Concilii.
William Powrie re-examined, deponis, Yat
the cariage of the tronk and mail contenit in
his former depositioun, were carryed by him
and Pat Wilsone, upon ane gray horss yat per-
tained to Herman, page to my lord, at twa
sundry tymes, and war carryed and convey it
by yaim mto the place containet in his former
deposit, and yat at the frier wynd fute yis de-
ponar said to Pat Willson, at the conveying of
tlie last carriage, thir words, Jesu, Patt,quhattin
ane gait is yis we are gangand ? I trow it be
not gude. And he answerit, I trow it bo not
gude ; but weist, bald zour tongue.
Item. Deponis, Quhan the deponar and Pat
Willson come to the frier zet with the last con-
voy, and laid the same dovrn, Hubert Orme-
stoune come furth, and said thir words : this is
not gude like, I trow this pnrpois will not come
to tliis nycltf, I will in and se quhut yai are
doing.
Item. Yareftir quhen the powlder and greaith
was carryed inwart, the deponar tarryand at
the dyke, the laird of Ormistoun of yat ilk
came again, and said to John Hepburne and
young Tallo, thir words (Paris Frenchman
being with him) Be God it is fair in fidd, cum
uf it quhat will, and bade the deponar and Pat
Wilson gang their way ; and at the same tyme
yat ye deponar and Pat Wilson laid down tlie
last cariage at the said frier ftit^ tlie E, E^^--
L^ ^
1>1Q]
STATE TRIALS, 9 Eliz. 15CT.—Trial qfPtAirk, and others.
[920
Weill came unto tiiame iitwith the frier zet,
accuiupaiiyit with thre more, quhilks had yure
clonks, and molis upon yair teec.
It( m. Deponis, Vut the suidis Johnne Hep-
buruc ofBultone, upon Saturdtiy at evin bet'oir
the kinj^is ^hui^hter, brought the mail and
tronk quhairin the }>u\vhler wa>, to the £. ot'
Boibwiies lutigciiig, und hiid in tiie baiiie in tl)C
liether hail ; and the depon;ir dcclaris, yut at
tLe labt iiorsc eariage lie b;\re upanc toomc
|)oulder barrel to liic same place yai camet the
pulder, nndyathe wist nut how nor be quhomc
the same came in the trie Bt)thvi-eils ludging
in tiie at)by« •
' Item. Dl'P« nis, Yat upon the morn ef(ir the
kingia slauchtt r, viz. Aionor.ri:iy, Johnc Hep-
bnrne of Bohcun uac ane ^'ray horse, Mr.
Young of Tallu ane broun hor^s fra my L.
Boihweill.
Item. Iiiquiiit pyf William Geddes deposi-
tion, being red to the deponar, was trew ; de-
clairit the same was all tre.v, except the depo-
nar remembers not quhidder he bud and coun-
bulit this Geddes not to be on the gntyat
nycht or not.
This is the trcw copy of the Depositions of the
said William l*oivVir, nmid in presence of
the lords of secreit counsall, concordand
and nijrieand with the princip^d remainund
at the otiicc of Justici.try, coUationat be
m': sir John B< llcnden of Auchnoule, clerk
<if our souernnc lordis Jti>tici:».ric, witness-
ing mv sii:n and subscrii.tion nmimal.
Joi'.nncs ndlenden, Cie/fcus Justiciarite.
. TIte Depoh ION of George Dalgleimi.
Apud Kdinburgum, 20 Junii, a. d. 1.567j
preT>eniihus coniiiibus de Mortoun 6c
Athol, |Mvposito de Dundee, 6i domino
de Grange.
CKORcr Dalj^ieish Scruande in the Chalnier
to the trie JiothweU, of the ai«;e of ^27 Zeiris,
or varehv, ^c. denonis, vat ve Sundity tiic
kinc was blayi:'e at nycht the K. Uothwell,
accumi>an\it with the hiird of Ormebtoune of
yat i[\if lloh Ornu^toune, his fader brother,
John HepLurne of'Boltoiic, Johnne Hay of
Tallozounj^cr, war lo^iddt-r in tlie nether hall
of the said erls luduing in the abby, al/out four
hoiinsin the eftirnone, and reniiiined yarein
ane iiour und a Indf, and qnhat yai didknaws
not, be ressonn the deponar rtmainit for the
]nai>t part in my lords chalmer.
Item. Defioiii.s, y:it ii«y lord his maister
came to his ch iinur iihout 12 Ih)uis at evin,
or vaicbv, and take of liis clavths, and chinirit
h!:4 h'lis iiud doai'lcr, vr/,. iir.tr pair of h<;i^s
stockct with black wchet, pa^eiucnlic wiih
quhill yow cum to the bak of the CunzieHomei
and the bak of the stabillis, quhill zow curoe to
(l)c Cannogate foreancnt the abbay zet. Aud
depones, as yay came by the entry of the
quenes south garden, ane of the sentinels ^t
stude at the cet yat gangis to the utter cIoim,
speirit at thame, quhais that ? Yai answcrit,
friends. Qahat friends? Friends to m? lord
Both well.
Item. Deponi<, yai came up the Caoo^ait
to the nethir bow, quhilk was steikit, and yat
Patt Willson cryit to John Galloway, and hid
him come down and oppin the port and let
yjme in, and yat yai tarrtet ane |;ude quhile or
Galloway came down to let yume in, and spei-
rit at yauje, quhat did yow out of yair beds yat
time of night ? and cftir yay enterit within the
porte, yay zeid up uboue Bassyntines house on
the south side of the gait, and knockit at ane
dur bcneth the swordslippers, and callit for the
lard of Ormestounes, and one within answerit,
he was not yare; and yai passit down a cloiss
beiiO'h frier wynd, and enterit in at the zet oi
the black friers, quhil thay a>mc to the bak
wall and dyke of tiio town wall, quhair my
lord and Paris past in over the wall, and
commandit ye deponar, William Pottir and
Patt Willsoun, to remaynu still quhdl yai
came till yame, and quhaievir vay l>ard or saw,
not to btur or depart qultill he cam againe:
and yat yis deponar and the uther twa tarreit
Viiir half an hour or yarehy, und in the mejo
time hard no din of any thing, qidnll at last mj
hud, accumpanyit with Jidm llayzounger of
TaUo, Johne licphurne of Bolion, come to tlie
deponar, and vthcris twa, and even as my lord
anri yay twa came to the dcpoimr und his com-
pany, yay hard the cnick, aud past all atiay
(ot^iddir out at the frier zet, and sunderit in the
(?owgait. My lord, Johnne iiepbiUnie, and
Put Wilsoune, William Powrie and tiie depo-
nar zeid up ane wynd he-est the frier wynd,
and crossit the hiei^ait at the nether bow, to
hiiif lofiin the wall at I>eiih wynd, hot thsi
thocht the wall over hii h, and came agaiic u>
the port ; and my l(»rd caussit cry upone Johne
Gallowav, and said, yay were servands of my
lord Rotliwtiil ; and yat he ruse and oppyoit
the Wick it, quha it wes vat ruse, ignorut : and
syne yay passit down St. Mary ivynd, and
down the hack of th^ Cannygait, ajid to tiie
said cries ludging, and enterit be tlie same
turnpicke yat yai cam furth at. Aud as yai
passir by the queues gardens, ane of the senti-
nels speirit, Quha yay war? And yai answcrit,
Yai war friends of my lord Bothweill. And >o
soon as my. lord came in his ludgeiuf; he cr)!C
for nue drink, and incontinent yareltir tuke off
s'her, and une il tiblett ot black satin of the aib oiaythesand zeid to hi^ bed, and lay be the
same mauLr,and |>i:t on am \(her pair of black
h<ii*is and ane can»\es douilct wi-.iie, :md take
hi-t sitie riding cloak al out him, nf <ud Inglish
claiih, callit the new cloiir. .\nd incontinent
the erle, French Paii««, William Powry seiuitor
and porter lo the said eile, Pait Wdsouii, and
I lie dcponar,zeid down the turnepykealtogidder,
and cudlong tlie buk of the queues garden,
space of half ane hour or yareby ; and yut Mr.
Geortie Ilncket came to the chalmer al»out half
ane hour cftir my lord lay down. Qahan be
came in, he apperit to be very cflfrayit, and ny
lord speirit, Quhat is them after, man? And
he answerit, Yat he h^ard at the Kirk of field
Uke the schot of ane cannoun, and, at I bear
say, the kin^ house is blatiiu up, uid I trov
P21 ] • STATE TRIALS, 9 Eliz. 1 567.— far tlie Murder (f hard Damky. [927
the king be slayne. And incontinent my lord
raise and pat on his clayths, tlmt is to say, the
tame hoiss and doublet yat lie had on upon
Sunday, quhilks wcr pes^ements with siiuer,
•nd sa sone as my lurdis clayths w:i8 on, he de-
partit furth of the chalmer, and the deponar
remanit still in tlie ctialmer.
This 18 the trew copy of the Dppnsitlone of the
said George l)al|:lei»l), maid in presence
of the lordis before expreinit, coiicordand
and agreeand witii the principal remayning
at the otfice of justiciaries collatioiiai by
me sir John Bcllenden, knight, clerk of our
soreraigne lordis justiciary, \vitnes<;lng my
signe anti subscriptionn nuuiual. Jounnes
Btllendeu, Clcricus JusticiarUr,
Tlie Deposition of John Hay younger of
Talo.
Apud Edinburgum 13 die mensis Septembris,
An. Doni. lo67, in presence of my lord
Kegent, the erles of Morton and Athol, the
lairds of Lochlevin and Petarow, Mr.
James Magyll, and the justice clerk.
The quhilk day, John I fay zounger of Tallo
1>eing examinit anent the kingis graces murther,
grantit and coufesst himself culpable yareof', and
as he wald answer before God, deponit and
declarit the erle Bothwcle his masters pairt of
tlie same, sa far as the deponar knew, in man-
ner iv)Ilowmg, that is to say. That upon the 7
flay of Fehru'.tr last bypast, before the kingis
murther, tirerle Hothweil, within his cltnlmcr
iu Ills ludging in the abbay of Ilalyrudhous,
schew to the deponar the {purpose of the kingis
luuither, sayaiid thir words or Mchke, Johiic,
tliis is tlie mater, the kingis destruction is de-
vysit, and I ninn reveill it ui^to ye, for an I put
nut him down, I can not halt' an lyfe in Scot-
land, lie Mill be my (Icstiuction, and I reveill
tills to ibe as to my fiiend, and gyf zow rc\'eili
it again, it will be my (it^'truction, and I sail
leik yi life first: ami yur»ith he gave the de-
ponar also diverse admonitions, and also fair
promises to keip the mater secret, and to take
part uith him in the kingis shm^hier, as he had
devisit; and yat yareafter at evin, in the pre-
sence of John Hepburn calltt of Bolion, the
said erle proponit the samyn mutter tti the de-
ponar, quhilk Jchii Hepburn was on the coun-
sail yairof of before. And th'eric Bothwell
said to the deponar, I have devisit it in this
manner, and ye sail do the same, that is to say,
Le said in presence of Jan^ev Oimistoun of yat
ilk, and tlte said John Hepburn, thir words,
The pulder mon be laid iu the house under the
kiOfKis cbaliner, quhaire the queene suid lye, in
an barril, ^yf it may be got tin within the bar-
ril, and tlie same barril sail haif an hoill at the
aether end yareof and an tre holit and howkit
like an troch put to the huill of the barril, and
aa lunt yareupon, quhilk t>all be fyrit at the far
end, and the untyrit end laid in the hoill of the
barril in the pulder. And this porpos suld haif
bene put in eiecution upon the Saturday at
oigfit, and the matter fayllit yat night, bccotis
all tbiogift were not in reddyncs yairfor.
Item. Deponit, Yat upon Sunday yareftery
about thre or four houres aftemone, in th*erlt
Bothwells nedder house in the abbaye, the said
erle, John Hepburn of Bolton, and the depo-
nar, devysit yat my lord suid gang up to the
said laird of Ormiston's chalmer (like as he
did) sua sone as it was mirk, and yat yare past
with iny lord, quyet on fute, John Hepburn of
Bolton, the deponar, and Ade Murray met
yame, and sum utheris quiiam the deponar re-
members not, at the said laird of Ormistons
stairef'ute of his chalmer, above the bow, on
the souih-syde of the gait, and yat my lord
commandit the said Ade and utheris to pass to
Mr. John Spensis, and remayne yare quhili be
came to yame ; and yat my loid, John Hep-
burn of fiolton, and the deponar, enterit m
the said laird of Ormistons chahner, qubair
yay fand the si\id lard, and Hob Ormiston bif
fader bruthir, and ah brother of the lards,
quhais name the deponar knaws not, and wat
put to the dur : and yair yai consullit qubat
gait yai suld gang to the kingis house, becaus
yai had not tane purpois yairupon of before :
And syne yai zeid all down togydder to the
black ^er zeit, and ye said lard of Ormbton
zeid in throw the awld howsis and wallis, and
past and opynitt the said freir zet to my lord,
the deponar, and the rest foresaid. And yet my
lord and the deponar zeid up and down the
Kowgate, quhile Wille Powry and Pate Willson
brocht the powder, quhilk was brucht at twa
sundry times, furth of the abbay, from tbeerlia
liidgeing, and yat the same was in a tronk and
an mail, and was brought upon Hermanis naig,
and yat the powder was ressavit in at tha black
freir zeit be the said lard of Ormiston, and
John Hepburn of Bohown, and yat the iamyn
was bom in be Wille Powry, Pate Wil!ion, and
the saids lard of Ormiston, Hob Ormiston and
the deponar in the trunk and mail. And yar^
eftir the powder yat was in the trunk, wan
taRen furth of the same, and put in polks, and
the powder yat was in baith the tronk and
mail was caryit to the kingis house in polks.
And it is of verity, that Paris the French
man was in the nedder house, under the kingix
chalmer, and had an key of the backdowr, and
then the said lard of Ormiston past in at the
said dur, and spake with the said Hob his fader
brutber, and with the said Paris, being both
therein, and fapd the time convenient, and
came furth again, and tauld the samyn to the
said erle and his cumpany ; and yat yai had
with yame alswa a tre and a powder barrel,
for to have done as said i"^, but the barrel was
so meikle, it could not he goitin in at the dur ;
and yan yay luk all the polks and carried
yamev^iihin the said laich house, and temit
yame on the flour in an heip, and the polks
weir taken furth again, and yat my lord was in
the house afoir, a4id Jiad lelt tlie said Paris
yarein, and the said Hob standand 9i the dur
awaitand upon yair coming ; and yat the said
lard of Ormiatone said to tiie said Jolin Hep*
burn, Ze ken now quhat ye haif to do, quhen
all is quyet aboue low, fyre tbe end oC \)bkjt
J
923]
STATE TRIALS, 9 Eliz. 1367 Trial (fPawrk, and otkas.
[92i
lunt, and cum zour way. And yareftir the
said lard of* Ormiston past tiis way with Hob
with him, and Paris. John Hephiini and ye
deponar taryit still within the said laich hou^e
a certain space, and Paris lockit the back dur,
and the dur yat passes up the turnpike to the
kingis chalmer, quhair the king, the qucnc, and
ye erle Bothwell, and vthers were, and passit
up to yame, lerand behind him the said John
Ilepbum and the deponar lockit in the said
neddcr house; and as the deponar believes,
Paris shew the crie Bothwell that all things
were in readiness, and syne sone yareftir, the
quene and the lord is retumit to the nbbay, my
lord Bothwell being in her ciirapany ; and yar-
eftir the eric Bothwell, accuiupanyit witli Paris
and Georde Dalgleiblj, cnme to the back zard,
and the said Ucpbum rjuha had twa keyis of
the back dur, licntit the lunt, and came with
the deponar, and lockit the durris after yame,
and fand the eric et Dolhweil in ttic ziiird,
quha i>ueirit at yame, g^f they had done thiit
quhilk he hud bidden yame, Hnd fyiit the lunt ;
and yai answcrit Viit it was* ^Inuc, Ami tfier
my lord and thai t?.rryit in the /nird auio Inng
tyme: and quhen my lord buw yat yc matter
came not lustily to pa-", he was !nip\', and
w;]ld have gen in hitii«?rl{ in the honsc, and the
taid John llf;iburn S!.l)ppit him, saying thir
wdidif, Ze ncid livit. And my lord suid thir
cordis, I will nut gang away <|uhile I see it
dor.c ; and with in ane ^ch(»rt sj'uce \* fvrit, my
lonl, John Hepburn, the doponnr, and l*aris
being gangan^Mit the fare o-'tiio alvy in the said
sard, and qulicn ih;'y snw the house ri^eand,
and heard the cru-U, ihry ran tlicir way, and
cotiie down the uynd I'ra tiio srjd freir /ett :
uad yat my bird yareftir pasl to the wall at
Leith wynd, to have past over it, hut because
he thocht it over hich, he sturrii \ain\itli, and
crame back again to the ncddir bow, and past
furth at the porr, after Johimc Hepbtirne had
cried upon John Gulluway porter, and causit
him oppin the port; and that the saids John
Hepburn and (reorde Dalgleish passit afore
with my lord, and sone yarel'tir, the deponar
and Paris follow it, and the deponar passit to
his bed in Juhn Hepburns in the Canongait,
and my lord pasbit to his awin ludgcing in the
abbuy.
The Deposit ION of Joii^ Hepburn, called
Jo'iii of How ton,
«
Apud Edinburguin ti die mensis Decembris,
A. n. ]o67, in prt-^ence of my I/ird
Kegent, (lie Krle of Athol, the Lord Lind-
»av, the I^rd of Gnmgc, and the Justice
Clerk.
The qnliilk day, John Hepburn, rallit Johnne
of liowtoun, being exnininit upon the kingis
muilliLT, grantit himself culpable nnd gilty
yairof, and as he \t:dd answere l)el'ore (yod,
deponit and decliryc the crlc of Bothweile his
maoteirs fiart of the samyn, so far as the depo-
nar knew in thi^ matti*r, that is to say, the
first lymo yat evir ilic tia.* erle of Bothwile
•pake yif matter of the kyngb inurthsr to the
deponar, was anc day or twa aftir the bringing
of the powder furth of Dunbar, at quhilk tyme
he said to the deponar in this manner, Tliair
is ane purpois divisit amongs some of the no*
blemen, and amongs the rest, yat tke kinge
sail be slane, and that every ane of us sail send
twa servandis to the doing yaro^ owther on the
fields, or otherwise as he may be apprdiendit ;
and yan desirit ye deponar to be anc of the
entreprysers for him ; (juhais answer was, yat
it was ane evill purpois, and zit, -because be
was servand and cousignance to his lordshyp,
he wald do as nheirs wald, and put hand to it.
One the moroe yareftir, he caliit James Ormis-
ton of that ilk, the deponar and John Hay
zounger of Tallo, and break the purpois to
yame, and maid the the Hke declaratiomie to
yame, yat vthir noblemen had as far enteres as
ne in yat matter ; and yai maid to him evin
sic answer as he had done. Quhethcr my
lord bad schewed yame ye purpois of befoir or
not, ye deponar knawes not. Swa every day
yare was tanking amongis yame of the samyn
purpois, qubill within twa dais before ye mur-
tlier, yat the said erle changed purpois of the
slaying of the kinge one of the feildes, because
yan it wald be knawn, and sciiew to yame
quhat way it mycht be usit better be ye pulder.
And on the Sunday, in the gloming before
nicht, ye 9 daie of Februar last bepast, the de-
ponar send ye said Johne Hayes man for ane
romc poulder barrel to the man quhilk Johne
Hay had cofl the same fra, yut dwells above
Sandie Braces cloise head. At even my lord
sup pit in miiister Johne Balfours hons, quhare
the bischop of Argylc maid the banket, and
cftir supper my lonl came up the gait, and yai
all uith liim to the said bird of Ormestonis
chalmer, quhair ye deponar and Johne Haye
pubt hi, and fund the said lard and Hob Orrae-
stoun his fader bruthcr ; and as ye doponar re-
ntemberi% yat was the first time yat Hob knew
of yat matter, nnd yare yai spake togidder, and
niy lord echewit yame ye inaner : and the de-
ponar, the said lard of Onnestouoe, Hob Omi*
stone, and Johne Haye, past to the fate of the
black freir wind, haveing sent away Willie
Powry and Pate Wilsone for the poulder. And
before yar comming furtb of the said chalmer,
my lord departit with his servandis, (juhair ye
deponar knaives not. And the saids fbure
benig togidder, as is befoir wryttin, at the fiate
of the freir wind, the said WiUie Powry and
Pate Wilsone cum agcne with the pouldery
quhilk was brocht at two times in ane trouk
nnd ane mail, and yai carreit it in at black
freres zet, nnd quhen yai war changing ye pal-
dcr furth of the trunks in polks, mv lord come
and speirit, gyf all was redy, and bad V"^
hniste before the queene come furth oi the
kingis house, tor gyf she come furth before yay
ware reddy, yay waltl not find sic commoaity.
And yan ye pulder l>eing put in polks, the saids
laird of Onmstone, Hob Ormistone, this depo-
nnr, Johne Haye, Willie Powry, and Pale
Wil*}onc tursit up the pouder to the kingis
house, and fand Paris at the dur, qoha oyeoil
925} STATE TRIALS, 9 Eliz. 1567.— /or the Murder qf Lord Damley. [926
the ffflunyn, and yay assayit to have taken in
the said barrell, and it wald not gang in at the
dur, and yao yai liftit the samyii, und brocht
it back to the zaird, and had in the pouder,
and turning it furth of the polks in ane bing
and heip upon tlie flur, cvin directly under tlie
kioms bed ; and yan ye said laird of Orftiestone,
Hob Ormebton, and Paris past away, and led
tbe deponar and John Hay within the said
bouse, quhilks tarryit yarein quhill cftir tira
boures after mydnigbt, and yan tuk ane lunt,
with aoe hile tre quharon it lav, and placit ye
same, ye ane end m the ponder, and fyrit ye
vthir end, and cam yair way, and lockit ye thre
duris behind yame ; and at yair coming furth
to tbe zaird, yay fand my lord Boihwell, Geor-
die Dalgleisli, Pat Wilson, and Willie Powfy ;
and my lord speirit at them, gyf yay had done
all thinp ^5 was ordourit : and yai said, zea ;
and jai tarryit upon ane quarter of ane hour
yairenir, and my lord thocht lang, and speirit
gyf yair was ooy part of tbe house yat they
mjcbt ae the lunt gyff it was burnaDdTanouch,
and Tai said, Yare wes nane but ane wundo
qohilit wes within ye clois, and as they war
specking upon it, the house begouth to take
fjrt and blew up, and yai ran away, and cum.
up black freir wmd, ana zeid down ane clois
to half gottin over the broken wall at Leith
windy but my lord thocht it over heich to loup,
bccaata of ius sair hand, and swa rcturnit to ye
neddir bow, and walkynit Jolm Galloway poi^
tar, quham yai gart cum down and opin the
let ; and Willie Powry, Paris, and John Haye,
leid evin down the Cannongait, and my lord,
the deponar, Pat Wilson, and Georde Dagleish,
xeid down saint Mary wind, and behind the
ztirds unto my lordis ludgcing in the Abhy.
And in yair byganging, twa of tbe watchis
ipirit, quhat yai were, and ye df ponar answer-
it, We are ser\'ands of tlie crlc Botliweill,
langand to him with news out of the town ;
sad swa my lord passit to his bed, and yis de-
ponar lay down in ane bed in ye hall. And
lone yarefUr Mr. George Hackett came in,
quha told, yat the house of the Kirk of Field
was blawin up in the air, and the king slane.
And *witlun short space yairaftcr my lord
Uontley came in, and my lord Bothweill raiss
and pot on lub claithis, and passit into the
queenis house. And the deponar tarryit sura
tyme yareftir, and cumand furth, fand the ab-
bay zeit closit, and yan ye deponar fuwl the
laid John Hay in lii.i bed in John Hepburns,
and lay down with him.
Item, Deponis, yat yare wes fourteen false
keys iliaid foroppyi ing of all the luckcs of the
dares of tlie kiups hidKings at the Ivirk of Field,
quhilk the deponar, eftir tho comitting of the
laid mnrther, keist in the quarie hole betwixt
yt abbat and Leith«
Tfatr are ye true Couies of the Deposition is of
tbe said John Ilaye zounger of Tallo, and
Jubne Hepburne caUit of Boutoune, maid
in prcKuce of my lord Regent, and the
lonls before mention it, in manner befoir
CBpmnitti concordant and agreand with
the ori(>inalis, quhilks arc rcmainand in
tJ:e ju*»ticiarie, collationate be me sir John
BcUenden of Auchinoul, knight, cleric of
o.ur soverane lordis justiciary. Joannes
Bellcuden, Clericui Jusliciane,
The Tryal and Sentence of the taids Wil-
liam PowRiE, George Daloleisu, Joun
Hay, and Joun Hepburn.
Curia justiciariae S. D. N. regis, tenta & in*
choata in prsetorio de Edinburgh tertio
die mcnsis Januarii, anno Domino mille-
simo quiugentesimo sexagesimo septimo,
per honorabilem virum magistrom Tho-
mam Craig,justitiarium deputatum nomiue
nobils & 'potentis domini Archebaldi co-
mitis Ar^adis, domini Campbell & ix)me,
justiciarii generalis dicti S. D. N. R. totius
regni sui generaliter constituti. Sectis vo»
catis & curia affirinata.
Tu E quhilk day, Johne Hepburne /callit of
Bolton, Jolme Haye apperand of Tallo, WiUiam
Powiic and George Dalgleish, being present in
Judgement in tbe said court, to be accosit of the
dittay aftir-specifeit, were putt to the knaw*
ledge of the persons underwritten, quhilk were
lawefully summoned to pass upon yair asize,
choisiii and admittit be thameselues, and sworn
to deliver upon the points of the s^id dittay,
viz. John Lockart of the Bar^ The laird of
Caprinton; James Campbell of Chankstoun ;
Heugh Wallace of Camell; The laird of Moch*
rum; William St. Clare in Gosfoird; Laird of
Gastoun ; Robert Gray Buries of Edinburt. ;
John Stoddart Burges of F^inburt. ; W^illiame
Strang ; James Freeman Burges of Edinburt. ;
Heugh Brown yair: Chajlcs Geddes; John
Watson; James Aickman.
And immediately aftir the chesing and swer-
ing of the saids pcrsonis of nssys, as use is, the
foresaid John Hephume, John Haye, William
Powrie, and George Dalgleish, being accusit
be dittay, oppinly rend in judgement, of the
crymes following ; and eftir the reding alswa in
jugement of certane anisueris and depositionis
maid be thamc of before at particular examina-
tionis of yame uf.on ye saidis crymes, quhilks yai
recognoscit, and confessit to he of verity in pre-
sence of the saidis person is of assys, is the said
persoiiis of assy s removit furth of the said court,
and all togiddir convonit and res»onit upoun
the puintis of the said dittay, togiddir wjtb ye
saidis dc|>ositioni.s, and syne being yairwith
rypely avysit, reinterit in the said court of jus-
ticiarie, and ynir, in probens of the said justice-
depute, be yair deliverance pronouncit and de-
clarit be ye niouih of the spcikcr John Lochart
(if the Bar, chancihirof the said assys, fand and
delivcrit tho saids Juhne Hepburne, John Have,
Williatne Powry, and Geui^e Dalgleish, to be
culpable, fyht, nnd convict of art and nart of
the cruel, shame full, tresonabill, and abnomin-
ahdl slauchter and murtber of umquhill Che
kingis grace, farlir to our toverane lord, in his
awin ludgiug for the tyme, within tlie Burgh of
Edinburt, l^yde the Kirk of Field, (viiba.\t Va
was lyiuid in his bed, \«kui^x2^ w^jcXwa t^s^
9271
STATE TRIALS, 9 Eliz, I5f)l.— Trial of Pawric, and otlten.
[928
treasonably risand fyre within the snme, with
ane grite quantitie of ponder, through force of.
the quhiik the said haill hiui-n wes raisit and
blawin in the air, and his ^r-\ce wm uiurdcrit
tresonably, and niaist cruelly »ianc and de-
stroyit by yuine )i^rein : And al!», for art and
part of the crewall slaiichter and miirthcr of
umquhil William Tailzor hiii traces sen iiour,
and umquhil Andre Macai^, tresonably throw
raising of the said fyre, as suid is, coinmiitit in
the cumpany with James sumctime erie Both-
well, DOW rebel, and decl.irit traitor in parli-
xnenty and at the horn, i|i the niuneth of Febru-
arie last by past, under scilence of nycfit, upon
•ett purposes, provisioun, and forthought fe-
lonye.
And thairfoir the said justice-depute, be
dome pronuncit be the mouth of Andro Lin-
desay denipstare of the said court of justi-
ciarie, decernit, ordanit,and adjudgit the saidis
Johnc Uepborne, Johne II aye, Williame
Powrye, and George Dalgleish, to liaif com-
tnittit the crymes of tresoun and lese ma-
jc»tie; and as manifest traytours to be dema-
nit as followis, that is to say, the said Johne
Hepburne, Juhne Ilaye, William Powrye, to
be hangit to the deid on ane gibbet at the mer-
cat croce of Edinburt, and yair heddis, leggis,
and armis to be cuttit from yuir bodies, and
put up and hangin (as for example) oh the
portis of Edinburgh, and vther portis of the
princip:Ui borrowis of yis realine, aiid'^'yair bo-
dies to be brynt and consumit in fyre besyde
the said gibbet. And the said George Dal-
gleish to be hangeit to the deid, and his heid
to be cuttit fra his bodye, and put upon the
port of Edinburgh. And siclyke, decernit and
ordanit the saidis personis, and ilk ane of
yame, to haif foirfaihlted and tynt all and sun-
drye ^air landis, heritages, possessionis, talkis,
&teddingi% lyferentis, actionis, dchtis, and all
Tthers yairguds, moveables, and uiiinoveablos,
to be inbrocht,and remaine with our soveruyne
lord, as his escheat.
Kxtraclum de libro actoruin adjmirnalU
S. D. N, KegUy per me Johanncm BcUentkn de
Auchinoule, rnUUem^ cicricum justiciaritc eJiiS'
dem generalem^ tub meis signo l\ subxcriptione
manuaWous, Joannes Bellenden, C/ericus Jus-
ticiaria.
The CoKFESSiouN of John Habroun^ young
Taila, Dagleish and Pour ic, upon qultom was
justice execute the iid tfJunuuntfy the ucare
of Cod 1567 ♦.
JoBK of Bowton confessit that nyne was at
the deid doiu2, my lord Boihwell, the lord of'
Ormistoun, Hob (Jrmi-.toun, lumself. Taila,
Bagleibh, Wilson, Pourie, and Frenich Paris,
and tliat he saw na moe, nor knew of na other
companies. — Item. He knowis nat other but
that he was bluwin in the ay re, for he was han-
dilit with na mens' haiides us he saw, and if he
was, it was with others and not with tliam. —
Ittm. As touching sir James Balfour, he saw
• BuchaoaD't Detectioo. English edit.
not his subscript ioun, butlwarrand you he
was the pnncipnll counsallar and deviser.—
Item. He sayd, I cunfesse it is the vemy pro-
vidence of God that hes brought pie to bis
judi^f nicnr, for I am led to it as an ljor»e to the
:»tall, for I had schippis provi4it to flic a
couliie not escape. — Item. He sayd, let r.o
man do cvill for counsall of great men, orthayr
mav^te^^, thinking tluiv shall save thani, for
surely I tliought that night that the deid was
done, that although knowledge should bene
gotten, na man dun>t have sayd it was evill
done, seing the hand writtis and acknowledg-
ing the quenis mind thairto.^Item. Speaking
of the quenc in the Tolbuith he sayd, God
make all weill, but thelangerdeirt is hydden, it
is tiie stronger. Quho lives, our daitties will
be tliought na newis. — Item. Ilinmest he con-
essit, he was ane of the principall doers of the
daith, and thairfoir is justly worthy of daith,
but he was assurit of the mercy of God, quho
callit liim to repentance.
Item. Talla confessit ut supra^ agreine in
all poi^ites as concerning the parsonn, iiumuer,
and blowing in tlie ayre. — Item. He affirmit,
that in Setoun my lord BothwcU callit on him
and sayd, quhat thought you milien thpu saw
him blowen in tlie ayre. Qu1k> aunsuerit,
alas ! my lord, quhy speake ye that, for quhea
ever I hcare sic a thing, the wordes wound me
to death, as they ought to do you. — Item. That
same tyme he saw sir James Balfour put in bit
owne name and liis brother*s unto my lord
Bothwelles reinissioun. — Item. He knew of
the deid doing three or four days or it wis
done, or thciehy. — Item. He sayd, after that I
came to the court, I left the reading of God*^
worde and inibrasit vanitie, and thairfoir bn
God Justly brought this on me. — Quhairfoir kt
all men ilee cvill fumpany, and to trust iiotio
men, for rcdy aro we to imbrace evil, as redy
as hanles to recciyc fyre. And forthur, in tbe
Tolbuith he requirit John Brande, minister of
the congregation, to pas^e to my lord Liudsaf,
and say, my lord, hartily I forgeve your L
and als my lord regent, nnd all others, but tpe*
ciaily tlmm that boiniyit me to you, lor I koov
if yo could have savit me ye would, desiring
you, as ye will answcre before God in the latter
day, to do your dilii^eiice to bring the rest quho
was the beginners of tl\is norke to justice, ai
ye have done to me, for ye know it was not hc-
^unne in my head, but yit prayses God that hit
justice hes begiiune at iiic, hy the quhiik he hes
callit me to lepentuuncc.
Item. Daglishe sayd, as God ^'hall be mj
judge, I knew nothing of the kinges daith be>
foir it was done, for my h)rd BothwcU gatigand
U) hib bedde after the taking of of his lKwe,quhilke
was stockit with velvet, French Paris cum aod
roiiiidit with him, and ihaireftcr he taryed on
me for other hose and ciaithi«i, ami his ridioi
cloke and swordo, r{iihilke 1 eave him, and
herefler cum up the gait to tlie lord of Onnis-
toun*s lodging, and taryit for liiin, and tiiercfier
that he passit to ane wynd beside the Blacks
Fryers, uud come to the skipe of tbe dikfi
P29] STATE TRIALS, g Eliz. 15O7.— /or tfle Mvrder qfLard Damley. [930
quhaira be giit me ttaml still ; and as God
stial be my jad|^, I knew iiatbiug quhill I
heard the blabt of pondur; and after this he
cum hamv, lay dowiie in his bckJ, quhill Mr.
Oeorce Hakit cum and knorkit at the doorc,
wmd n I dye for thi^, the quhilke God judge me
gif I knew maire, qabut shal be done to tham
quho was the dei'isers, counsallars, subscrivcrs,
and fortifiers of ir.
The Evidence of' Thomas Nelton concerning
the HJurderqfKinf; Hettrj/ Darnky,*^ Mark-
ed with Sixreituy Cecifu kand.
Tbouas Nelson, tmntvme scrvand in the
chambir to wmquhill Kin^ Henry of guide me-
nary of Scotland, exammut upoun his con-
science, dedans that lie was actuall servand
to tlie king tbe tyme of his mwrthour and lang
of betbir, and came with him frome Glasgow
the time the-quene convoy it him to Edinburgh.
Item. The deponar remembris it wes dewysit
in Glasgow, liiat the king suld haif lyne first at
Craigmyliare : bot because lie had na will
thairof tbe purpois wes alierit, and couclusioun
takin that he suld ly besyde the kirk of feild,
at qubilk tyme this deponir belevit evir that he
•aid haif had the dnikis liouse, and knew na
other hous, quhill the kiue lychtit, at quhilk
2 me he past derectlie to Uie said duikit hous,
inking it to be the lugoing preparit fur him :
bot the contrare was then scnawin to him be
the quene, auhaconvoyit him to tbe uthir
housy and at his cuming thairto, the scbalmer
wes bung, and ane new bed of lilack figurat
welwet standing thairin. The keyis of the
iu^iDg wes parUie standing in the durris, and
pairtlie deliverit to this deponir be Robert Bal-
lour awiiir, all exept the key of that dur, quhilk
passit throuth tiie sellare and the town wall,
quhilk coald uoht be had, and thairfore Bonkle
in the lellare said, he tuld dois it weil aneuch
within, quhlkis keyes wes keppit and usit be
this daponir, and ntheris the kingis servandis,
quhill the quenis cuming to the lugeing, at the
quhilk tyme, the key of tlie laich chalmir undir
the king quliAir sche lay tua nytis, viz. the
WedniiSay and Fraday bcfoir his murthour,
with the key of the passage that past toward
the gardin, wer deliverit in the bnndis of Archi-
bald Betoun, as the deponir rcmcmbiris, quhilk
Archibald wes vschcare of the quenis ciialmer
dour, befbir quhilk tyme of the quenis lying in
the kingis lugeiii^ the tua nytis above naoiyt,
edie caiisic to ttik down tlie uttir dour that
dosit tiie passage to wart buith the chahneris,
and causit use the snmyn dour as a cover to
tlie batb fatt quherin he wes baithit : and sun
ther wes na thing left to Htope the passage into
the saidis schalmiris, bot only the portell durris,
as alsua scbe causit take doun tlie said new
blak bed, sayand it wald be sulzeit with the
bath, and io the place thuirof sett upeane auld
purple bed that wes uccustomat to be carit,
and the saidis keyis that wer deliverit in the
the bandit of Archibald Betouu remanit still in
* iv« Andereon, p. 165.
TOI..I.
the handis of him and utheris tliat awaitit upon
tlie (juene, and nevir wer deliverit aganc to the
kingis servanda : fur sche sett ope ane greiii bed
for hir self in the laich chalmir qaherin sche
lay the saids t(|ia n}ti9, and pi-omist alsua to
haif bidden thair opoun tbe Sounday at nyt.
Bot eftir sche had tareit lang and intcrtenit
the king verey familairlic, <«che tuk purpr>ise, (as
it had bene on the suddan) and depaitit as
sche spak to gif the mask to Bastyane, qiiha
that nyt wes mareit hir servand ; nameiie, the
said Archibald Betoun, and ane Paris Frnnche-
inan havund the keyis of hir schalmir, quheriii
hir bed stuid in, as alsua of the pafesa^ie that
past towart the gairding : for quhon the quene
wes thair, hir servandis had the keyis of the
haiil houss, and durris at hir commandeme^il,
for upon the nyt scbe usit with the lady Kerens
to ga forth to the garding, and ther to sing and
use pastyme, Bot fra the first tyme that sche
lay m that lugeing, the kingis ser%'andis had
nevir the key of hir taid chalmir agane. The
quene being departit towart Halyrud hous, tbe
kine within the space of ane hour post to bed,
and in the chalmer with him lay wmqubill
William Taylyour. This deponir and Edward
Symonis lay in the litill gaylcry, that went
der\*ict to sowtb cute of the kingis schafanir,
havand ane windo in the gawill throw the toun
wall, and besyde thame lay William Tniizeir's
boy,qubilks nevir knew of onv thing quhill tlie
hous qhuerin tbay lay wes fallin about thame :
oute of the quhilke how sone this deponir
could be red, he stuid upoun the rwynous
wall quhill the pepill convenit, utid that he
gat claithis and sua depairtit, quhill cm the
Monounday at eftcr none he xvns callit and
exaininat, and ainang uiheris thingis wes in-
3uirit about the keyis of the lugeing, this
eponir schew that Bonkle had the kcv of the
sellare, and the quenis servandis the keyis of
hir fchalmir: quhilk the laird of Tulybardtn
hering said, hold thair, heir is ano grund, eftir
quhilk wourdis spokin thai left of and procedit
na farther in the inquisition.
Leittr from Lord Hnndidown to Sir Wiition,
Cecilffrom Berwick, SOih August, 1569*.
Wherein he says he received a letter of the
23rd of August with the Q. Majcstys letter, and
my lady Lennox packet, and towching Paris,
he was put to death a fortnight since, and sd
was Stewart, wlio was kinti; of heralds, which
had determined to kill the regent, but ho was
forgiven tor that, and was burnt for conjurntion
and witchcraft.
Letter from Murray to Eliiahetk^ uilkout dale.
Please it your majestie, I have of lait ressa-
vit three letters of your hicnes, the first by my
servant Alexander Hume, the next from ane
Mr. Tho. Flemyng, and the tbird be my lord
governour of Berwickc, for the iJifiering of the
exccutioun of death upoun ane Paris Franshe-
man.
• From AndcrsQD's NoUs of X<ct(crs m th*
Paper Oifice.
2q
931]
SrrATE TRIALS, 9 Eiliz. 1 5()7. --Tr ial qf Poicrie, and others.
[932
As to that quliilk your mujesiie wiittcs ol'ane
l*ari.*Ny a Fran&iiiiuiii, partaker \\ :th Ja. sumiymc
E. Bv^thwele, in the murllitr of the K. my so-
verdins fader, tr«.>\v it is, tliat the kaiil Viivis
aii-i\ it at Leytli aboui tlie middts* of June liist ;
I at that time being in the itortii partes of this
reahite far di'»tant, (|iitiair upon ii foilo'Aed, that
at my rtturiiin^, eftf r (hiii^i iit and cii cunirspcct
€xainiiiatioiiii of him, and lam; tyine .spent in
that beliaulf, upoun the IGlh day of Au^^u^t
bypast, he butlerit death by order of law,
so that before tlie reoept of your hitnes letter
be the space of 7 or 8 daytu, he wes execute.
Other«vy»e your inajebtics requisilioun towardis
the diferring of his executionn by ^"^y of death
$uld have been maist wilUngly obeyed, the same
bringing and with it sa gude reason. Bot I
trust his testimonie left sal he fund sa au-
thenlik, as the credit thairof sail not scuuie
douhtCulI neyther to your hicnc?, neyther to
thame quha be nature lie» graitest cause to
desire condigtie punishiiieiit fur the s.iid niur-
ther.
Deposition n/* Paris, Servant to the S. Q. and
present at the Murder pf her Housbonde*.
B'ensuyt hi DtcLAUATiONS et Depomhon de
Nycollas llanbert diet Paii*>, Pare^ien, lou-
chant la uiorte et meutrc dn feu Roy litu-
ry d' Escosse: au mcurtre du({uel le dit lluu-
bert cstoit present, avec ic C'onie de Uoduel
et les autre? ses adherens : Ceste de|)osition
fut faictc a Sainct Aiidricu, sans ee que le
dit Paris fut contriiint ni intcrro/;u(:, de son
proprc nMiueinent ct vouUoir pour s*en des-
charger comnic il deist, et ce le ixiiic. jour d'
Aou-st, 1569.
Et primicrcnient, il deist,
Je confcsse icy dcvauc Ditu et le monde (|ue
le Mercredy ou le Jeudy apres dinner de la
sepniain donci le diet meurtrc du feu Jloy fut
comnii^i, moy extant en la chambre de la Iloync
a Kerkutield, en eonipaignye de pluesicurs aul-
trcs attendant la Koyne, qui estoit a la ciian^-
bic du Roy, Muiis. de Uoduel vint a la cham-
bre de la Royne l.i ou j*e5toi!5, et me t'eist en
ruureille, Paris, ie me trouve mal de ma mal-
ladye que tu scats qui est mon Hux de san^, nc
»4^ais-tu point quclque lieu la ou le porray aller
faire mes atl'aires } Ma foy, ce dict-:e, je nc fut
jamais icy qu*u ceste heure>cy, mais ie ui'cn vuis
cJiei'clier quelque lieu. La-de:9sus ie trouve ung
coing ou trou entrc deux porter et le va dire,
Mons. venes-vo US-en, sy vous estcsotant presto;
ct eatans la dedHns,ie ferine la porre sur nous, et
luy oste sa robbe, commencant a le dcst;ischer.
11 me regarde, et me demande connnent ie me
porloys ? luy disant que ie me portoys bicn, la
jrrace a Dieu et a luy, mc tenant pour bien re-
compense du sCFvlco qui' luy avoi^ faict de
in'avoycr faitt doitner I'csiat de \arlct de
ciiambre che\la Uoyne. II nje resjiondtst (jue
ce n'estoit pus a!)de>, et qu'il me feidit davan-
tai^e. Jc liiy «ii- (|ue ic me t onlentui>, et q«;e
ic ne pou\oy» davantuj^c a la nioibon dc la
^ Bib. Cott. sub. tit. Cal. U. i\, U 370.
Hoyne, voyant mon equalite, et que ie me con-
tentois. 11 lue diet que ic ne chomueroys de
rien que ie luy di*^, car disoit-il, tu ni*ais kiiict
boa et loyal service depuis que tu m*a servy;
car ie sgay que tu as couvert mon deslxmneur
que tu avois occaiion de fouller quaut tu vim
de mon ser>'icc hors d*Angletcn*e. Mom. ce
dici-ie,ie nay faict que tor de serviteur. £t
birn, ce dict-d, pour uutant que ie t*ay trouve
fydelle serviteur, ie te veulx dire vne chuse,
inais il te iault garder sur ta vie que nui ne le
sache. (Mons. ce di-ie) il n'apertient au ser-
viteuf quant le maistre luy dit quelque chose de
le reveler, et s^y est chose que vous peoses que
ic ne pui!>e garder, ne me le dictes point.
iS^ais tu (ce.dictril) quccest; cestquesy cc
Roy-la qui est la d — a jamais les pieds sur
nous aultres seigneui-s, il nous voult domincr et
estre cruel, et de nous autres siegneurs ne le
voullons pas soutlVir, et aussy ce n'est la facon
de ce pais, et pour cela nous avons condud
U4JUb aultres de le faire sault — de dedans ceste
maison eu Tau- avccques de la pouldre, de
oyant ie ne le dis mot aius baisse la veue basse
mon sens et mon cneur cc tourne de ra\'0\T
uuy ainsy parler. II me regarde, me deman-
dant queie pcnse? Mons. (ce di-ie) je pense a
ce ()ue vous me dictes, qui est une grand cbose.
t^u'en pense lu.^ (ce dit-il) Que j*en pense,
Mons. ? (»*e di-je) vous me perdonnerez sy ie
vous die m.'Iou mon pouvre esprit cc que i en
pent>e. (^ue veulx tu diie ? (se dit-il) tu veulx
prcscher. Non, Mons. vous orres. Et bico
(se dit-il) djs, dis'. Mons. (ce di-je) depuis
ciui; ou t:ix uus (|uc ie ViAis ay faict senice ie
vous ay rouaiuurs vcu en gmnds troubles, et
n'ay seen jamais voyr <ramis qui aycnt f;uct
pour\ou&; maintenant, .Mons. vous e^tes bork
de tons ces troubles, la grace a Dieu, et plus en
court it ce (|uc tout le monde diet que jamais;
pour ma part ie voyc que chascum^ \o\is faict
la court, petis et grands, mais ie ne scay ps^
que vous rit qui vous veult vioyr aultrement, ic
^e scay piu vous estcs du pais Mons. Davai!-
ta^e i'on diet (|ue vou> e^tes le plus grand
teriieii de ce pnis icy, ct aussy (jue vous cstf^
marie <|ui est t'lu.'uri' <|uant ^1I^ liomme prend
ce ply la que il cc fault arci>ter uu jamais.
Mamtenant, Mons. sy vous entreprcnes cc^ie
cho!>c*la ({ui est grande, ce sera le plus giaiid
trouble que vous cubtes jamais, par dessus lo
aultres, car chascum cryera fm hurault sur
vous, ct vous le voyres. Vx bien (ce dict-il)
as-tu faict ? \'ou» me pcrdonnere/, Mons. s'll
vous plaist, sy ie vous ay die^t selon nmn ]K)uvrt-
esprii (ce di-ie). Et beste que tu es (ce dict-il
pc-n^c tu (pie ic fay cecy tout seuj de moy
mehnie ? Monsieur, ic ne s9ay pas comment
vou> le f*wctes, ntais ie >C^^v bien que ce sera
le plus gr;ind trouble que vous eu^tcs nncqueii.
(Ce dlci-il) ct connncni sera-re.? car i*iiv disia
l.eiidingtiui qui est e:>tyme I'un^ des mtUlruis
e^priCia de ee pais-cy, tl qui t.st rentcrpreneur
de tout cccy ; en aprcs j'ay Mons. d*Areylt'
mon frere, Mons. de Hontlyc, Mons. de Mor-
ton, Ruthen, ct Ijnilesay. Ses trois-la uiK*
K>y> ne mu feuhh^nt jamuis^ car j'ay pvl^
f>33] STATE TRIALS, OEliz. \50T.— for the Murder (if Lord Damley. [93 1
pour leiir grace ; ct ay tous les signt^ dc ceulx-
CY que ie t'ay uonimes^ et aus>y nvons eiivie de
le taire deniicreuicnt que ii.>U5) (iismes a crag-
iiiilier^ mais c^eat que tu cs un bepte et pouvre
d*e5prit, qui ne iiieriie d'eiiteiidre cho^f^ de
roDbcquence. Ma foy, Monsieur (cc di-ie) il
esc vray, car inon esprit n*e&t point pour
tdle chose, umis Lien pour vous tuire
service a ce que ie porray, et bien bicn
Mens, ilz vous p<irront bien taire maiytre et
principnU dc ce faict-la, niais quant ce sera
taict ilz porront nussy mcttre le tout sur vous,
et les premiers aui cryeront ha harault apres
vous, et les ceuix qui vous boutieront le pre-
mier a mort, sMz pcuvent. He ! Mons., ie
vous prie m'en dire d'ung que vos ne ni*aves
point nomine : ie syay bien que cestuy-lu est
aym6 en cc pais du cummuen {leuplc, et au^isy
de nous iiutres Francois, que quant il gfiuvor*
noyt I'espace de deux ou irois ann, il n*avoyt
point de troubles an pais, tout le monde re
portoit bieu, I'argent corroif, ninintenant on
ne pcult veoyr homme qui nyt moyon, el nc
ioyt-on que troubles; cf^tuy-la est saee et sv a
des amys allies. Qui est certuy-la ? ((tc me
dict-il). Ct»t Mons. (ce di-ii) Mons. h; Conte
de Morra : jc vous.prie me dire quelle part
cestiiy-la preiid ? (Ce dit-il), il ne sc I'eult point
metier. Mons. (ce <li-ie), il est sage. Adonc
Mons. de Bmhiel retornc la teste vers nioy et
me deist, Mons. de Murra, Mons. de Morra, il
ne veult n*ayder oe nuyre, tnvis c'ost tout ung.
Bien, bien, Mons. (re di-le) il nc le faicle sans
cause, et vons Ic voyrcz. Lu-dessus il me coni-
mande de prendre la clef de la clinnibrc de Ic
le lioyne a Kirkatilde. Je iuy dis, Mons. vous
me perdonercs, s*il vous plain, pour nuttmt que
ic suis'e&trantjcr, ct aus»y que r«> n'e<>t mon
estnt, Phuyssier nic porta di-inander que iVn
veul/ faire ut il aunt raison. Et pourrpioy (ce
dit-il) ii'est-tu vallrt de chnnibrc de la Koync ?
II est \raye, Mons. (cc di-ie) mais vonz <>yavez
qu*a la maison d'uuii; prince chasr^ue oiiicier a
srm otiice, et entrc les uutres rimyirsier a le sien,
I'e&tat duquel est de uanlcr l.i clef de lu rliam-
Ire. Pourquoy done (ce dirt-il) I'ay-ie mis a
la charobre de la ICoyne sy noii pour en tvrer
du service ? llelas ! Mons. (re di-ie) c'est bien
pour vuus faire service si cc (]ue tc ])orr(»is, nriis
le pcnsois en moy nuMne sans ricii dirr (le
crai^nant) ^i j'eussc pt-nM- telle cho«k', iamais
la chambre ne UiVust chambreo. Lsi-dcs-us
il sVn allade moy de ce trou ou coing-lu, ou il
■Toit taict ses ndUires. i.uy «'stHnt party de
moy, jc prens mon nianieau et mon cspi-e tt
m'en voys ponnencr dnns la grand esL'Ii>r, ( t
pensoys en beaucoiip di* fortniu^ r|uc j*:ivoys
du pn^se escliapic> dc lay, ct C(iinnunr(»is a re-
mercier Dicu qui m'nvoit di'ly\rc d*uvrqMcs
Iuy, Iuy demaiidunt da brtn rut iir dVhtre hors
de sa conipai^nic pour attain que ic ron^noys-
U}\s scs \ices tort tcniblcs, ct priiicipallciitrnt
ung dunct Ton diet quo j*en suis sy boii »ervi-
teur, me reportant a l)i( u, qui roiiirnoit cv (iue
kiy en ay diet, comment ci* hcroyt sa ruvue.
Plus de six ans il y a, er qa*il soit aiiiAV riu'on
dcmande au hu-d dc i'etincrief, qui a ouy parler
pourquoy jc s >rtis de son service hurs d*An)>le-
terre ; il me buttist tt me (ormcntast a coups
iie pied sur le ventre, pour me taire faire chose
que ie n'uvoys cnvic de faire, donct il m'en a
remercic en K^co*«so, que i'avoys convert son
honneur la ou i*uvojs occasion de le fouUer.
Apres avoir pens6 a tout cela pour mc n'soul-
dre de ce faict meschant (pie i'avoys cntendu
et qu*il m'avoyt diet, ie deinande k mon Dicu,
qu'il me conseillast voyant Ie faict sy grand il
estonnoit mon esprit ; et que sy d cesfe heure-
la Mons. du' Cro(|ue eust cstc en cc pais, ie
n'eusse point estc en cestc peine icy. Quant
ie vis qu il ny uvoit aultre remede que d*avoyr
patience, et qu'il ny avoit chemin imnr n^en
aller sy non par Ant;leterre, la ou j eussc Cste
prins et ar^e^tc per fanlter de passeport, et
aussy qlie ccst traliayson contre le prince au
seniteur de s'en nllcr sans cong»», et aussy que
ic na seen prouvcr pourquoy in m*eii allois sy
non per Mons. de B^^drel qui ne mVust iamais
advoue; voyant couune cha^un,i>cult pensier
3uc ccla gysoit beaucroup a son honneur, et a
cs aultres Seigneurs a ce qu'il me disoit. Or
doncqucs ce chcniin-Ia ne me vallutrien, je nie
resoulz des^us unv poyut que sy ce meurtre ce
feroit debrief c'cstoit ma luyne, pourautunt quo
ie congnoyssois riiomme qui n*eust iamais failli
de moy commander, ct s*il y uuroit dix ou don/e
jours cntre deux, j'auray cvperancedebieii faire,
car s'il va navire de queiqiic coste que sc sovt,
qu>n Anglrterrc jVytoys dtlilicre de mcdesro-
bcr pourquoy ie luc rt soidz au sorticr de Tcs-
^lise de Ecavoyr dc lay quant ce seroyt. De
Vendredy done <pit4 ie n»*en vois ^ Iuy sortier
de sa cbambrc, commc il alloit chez In Royne,
et aussytot qu'il nn; vci«t il me demande sy ie
ax'oys prins cestc ckf. Jc Iuy dis que je regar-
deroyii a le taire ; il mc diet que je ne failli^se
dont point, car cVstoit a Dymanche (ju'ilz voul-
loyent farre :\ mettre leur faict en execution. A
ceste heure-laje sors d'avecqucsluy plustiische
que iamais, et m*en vais sur le chemin du petit
Leiih tout exprcs pour trouver navire; et quant
ie fus a moytic chcn.in ie dysoys en moy-mi-sme,
or esl-ii bon a voy que tu as I esprit bien perdu,
pour autant qu'il ny a plus que dc main entre
deux, quant ores Ic vent sero>-t bon, as-tu la
piUHsunco dc lourr on fr€»aer unc navire tout
tcul ou cxprc.'! ; la-do^ns ie rn'oste du gniiul
chemin el n)c dcstr)rnc a part, priajit Dieu de
mc conscillcir, car dc fiiire bruvt de ccla jVs-
loys mort. Ccste j«uir-la cc pasbe en ce |>o!nt,
ct aussv le Siuncdy touti* la niatytuV. l/nprt-s
disner il ine dtniaufle rnrorts reste def; j*»
Iuy dis, M(ms., hclas ! ccnnmcnt le feray-je ?
P(»urquov (re dirt-ii ) qui t'cn gardcra ? N'e»-tu
pas scninur de la Kiync? II est vray, Mons.,
mais <;c n'e^t point mon oslat de prendre h'S
rh fs. Mais dy n)oy («c dict-il) ct pour(pioy ?
I'uc foys ic nc le vimiIx ricii commander en ce
faict-la^ J'ay de** r\v\'/. a^ses suns toy, car il
n'v a porte icnns donrt ']v. n'ay Ic rlet", car
Mons. Jacques Balfrjr ct moy nvons c*tc toutc
la nuyctepour vtviyr el cherehcr le nuMllitur cn-
droitVt pa^^a^,«• p«Mir exeruier nostra affair, ct
pour trouver bouric entree : uiui«. ccsie qm tu
Q35]
STATE TRIALS, 9 Eliz. ib^l.^TrialqfPaxne, and others.
[956
cs uoc bestc, car ie ne to veulx employer
en ce iuict-la, car j'ay des gens assez aans toy,
^ aussy que je s<;ay que tu \\\\s poiiit de cuetir.
La-dcssos ie eiitre en hi ciiambre de la Royue,
la ou Marguerite ct quelques uulcrea esioyeut
attendantz la Royne^ qui estoit en la chambre
du Roy. Adonc Ic bruyt vint incontcneut que
la Royoe s'eo alloy t ^ TAbbnie; tout Ie monde
sort hors de sa chainbrc, et moy Ie deruier, pre-
nant la clefde la diet chainbre, et m'en voys a
I'Abbaie apres clle, la ou je trouve Mona. de
fiodvel, qui me deinaudc sy j'avoys ceste clef.
Guy, MoDs». (ce di-ie). II uie commande de 1a
garder. Au bout d'une heure Marguerite me
prie d'allcr h Kirkafield querir une couverture
de maytres tl ia chambre de la Royoe, ce que
je fail et prens ung garson avecque moy et en-
tre en la diet chambre, en preseus de Sande
Duram Ie jcuue, ec Ie porte-faix du Roy, et feis
emportier la dite couverture, Ie diet Duram mc
demande la clet*. Ie luy dis que cc o'estoit pas
a. moy a la donner, mais birn i\ rhuy^sier, luy
pryant de roe perdouner. Bicn, donc'(ce dict-ii)
puisque ne Ie me vouUcz donner. Ladessus ie
m'en vins a I'Abbaie a la chambre de la Royne
et delivre la couveriure u Marguerite, cestc
jouer-la de Sabmedy estant uinssy passe, je
jD*cu ullov-s me coucher.
\jc Dymcnche niatiu ic me leve k six beures,
et mVii vuis ponuencr dedans Ie pare, et en
ung vallon ie me nietz u prier Dieu, et luy dc^
munder couseil de ce faiet meschant, car ie
n'ay ^ccu trouver aultrc moyen que de laissrr
couller Teau du ru^scau qui estoit sy ord, en
apres m'e&tant resolu, ie ni'eii retournc a TAIh
bay, la ou ie trouve troys ofijcicrs de la Royne,
et m'en allay desieusner quant ct eulx, ct m'en
revius a ucuiue hcures a la chambre de la
Hoy no, La ou Toye nouvellc (]ue Mous. de Mor-
ray venoit prendre ^on congt^ de la Royne pour
aller veoyr Madame sa temuic: moy entendant
cesic pantile Taperseu incontyncnt qu'il Ie fu-
8oit pour se destorncr de se faict meschant.
Lu'dcssus ie m'en allois me pormener Las-
tarik ct m'en x-ois soubvenir des parolles que
j'avoys dictes du diet Seigneur de Mor-
ray a Mons. de Bodvel, et aussy ce qu'il m'en
avoit respondu. A ccste hcure-la le dis an
jDoy mesme, O Mons. de Morray tu es homme
de bicn, pleust a Dicu que tu seeus mon cueur,
je n'auray pas tant do mal que j*ay ; et ayant
bien pense je m*en revius a la cbimabre de la
Royne, la ou el!e lUloit dinner auz noces de
Bastien; touteslbis jc m'en allay disner k la
ville et apres disner me pormener, et estant re-
venu j'entendis que la Royne alloy t souper chez
Mons. d'Argyilc, la ou j cstois derrier die luy
servant desciant, et coiume elle lavoyt ses
mains apres t»ouper, clle me demande syi'a voys
ost£ la couverture de maytre de sa chambre au
lo^is du itoy ? Je luy dis qu*ouy ; lors les
seigneurs se levent double, douc Mons. de
Bodvel m'appelle, et me ntene seul avecques
luy au logig de sa mere, la ou il ne fust gueret
qu'il s'cn alia au logis de Lard d*Ormiston,
purler k luy et 4 son tr«re Hobe, et nous prend
tout troys avecques luy et s'cn vaikCougait
et parle a Jehan Hay et k Jehan Hepbron
au'il trouve ik la rue. Aprea avoir parle k eux'
s'en va tout seul et moy au lojps da Roy, et
d uiye chemin au logis if me diet, or S9aiiriu
qu*il y a, tu t'en yras a la ciiambre de la Royne
h, Kirkefield, et quand Jehan licpbron, Jehaa
Hay, et le Lard Ormiston entront, et qu'ilz au*
ront faict ce que ilz ont envie de faire, tu tor-
tyras et t'en viendras iila chambre du Rot, ou
tu t'en yras la ou tu vouldras. Helaa ! Moos.
(ce di-je) vous me commandes ma^ morL £t
pourquoy (ce dict-il) te comroande-je de &irc
quelque chose? II est veritable, ce di-je, Mons.
mais ie s^ay bien que cest ma mort. Mais dii
moy pourquoy (ce dict-il) sy ie te comn»andois
de laire ce que les aultres font, tu le pourrovs
dire, mab ie s^ay bien que tu n'aB point de
cueur ; une fois les aultres n'ont que faxre de
toy, car ilz entront bien sans toy, car ils opt
des clefz asses ; il n'y a porte ceaus donct ilz
n'ent ayent les clefit. Bieu, Mons. (cc di-ie)
ie ift'y en voys. La-dessus il se departe dc
moy et s'en vais au logis du Roy, et entre en
sa chambre, la ou estoyt la Royne et aucunt
des Seigneurs, et ie m'en vins sL la petite court,
entre k la cuisine demandant une chandelle an
cuYsynier que j'alumis. Sur cc»» eulrc fiiicta
volcy Jehan Hebron et Jehau Hay qui entreat
en la chambre, la ou i'estois et portoy^* de la
pouldrc dedans des sacz qu'ilz mi.<rent au mi-
lieu de la diet chambre. En ce faysant voycy
Mons. de Bodvil, qui sut vieni et parle au eidx
dysant, mou Dicu que vous faictes de brayt,
on oyt d'enhault tout ce que vous faictez, et
ainsy me regarde et me demande ce que ie
taysoys, ct que ie m'en aUasse a la chambre du
Roy apres luy, ce que je feis, et me trouve
aupresde Mons. d'Arjiviie, avec qui Mons. dc
Bodvel parloit, et le diet Seigneur d'Aruyile
m'accaroyssoyt et me tuuchc sur le dos sani
me dire mot. Et n'estant en la chambre do
Roy la longueur d'une pater noster que la
Koyne sVn va vers I'Abbaye et monte Ui ou
estoit les qopces, et moy ie m'en vois en ung
coing la ou Mons. dc Bodvel me vint trou\er,
me demandant ce que j'avoys d*ainsy faire la
myne, et que sy ie la taysoys ainsy devant la
Royne, qu'il m accousiroit en telle fagon que
ie ne fus iamais. Ic ne m'en soucye pas (c«
di-ie) que vous faictes de Oioy a ccbte beure-cy,
vous priant me donner conge de m'aller
coucher, car ic suis mallade. Nou, ce dit-il,
veulx que vous veniez avecques moy ; vouUez
vous Inisser ces deux gcntilhomm€*s-la Jehan
Ha^ et Jehan Hepbron? Helas! Mons. ce
di-ie, que ferei vous davantuge pour moy, car
mon cueur ne me peult servir a telle chose ?
Je veulx que vous venies (ce .dict-il) bien
done Mons. (ce di-ie) allous. La-dessus il
s'en va k sa chambre cbtmger d'habilleroentz
et prend le tailler et moy avecques luy, et s'cn
va au jardin du logis du Roy, la ou le tailleurde-
mcure a la muraille. El moy auprei, le diet Seig-
neur de Bodvel s'en va a la porte du jardin, et puis
revint vers nous, la ou Jehao Hepbron et Jcmn
Hay s'en veiadrent ct incontyncnt comme ils
avoyent parl<i k lay, voyla comme ung tempeite
937] STATE TRIAI£» 0 £liz. 1507.^or the Murder qf Lord Damley. [958
OQ uog tonnoyrc qui va etlcver^ de la peur qua
j*eu ie chaus en terre les cheveulx dresUs
coiiune allaines dysant, liclaa ! Mont., qu'ast
ca cecy? 11 me dicte, je uie suis trouve k des
enterprises grandesy maU iamais enterprise ne
me feic s^ grand peur que cestycy. Je luy dis>
per ma toy, Mods., de telle cbose que cecy il
n'en viendra iamais bieu, et vous le voyrcs. O
beste (ce dit-il) me nieoacent de oie fraper de
sa dague, uiais ne la tire point. Lurdessus il
commence a s'en aUer bien vibte, et nous apret
luy^ et s'eu cuydoit aller per Leyth Wynd,
mais il ne sceuL II envoy a done Hepbron
parler k portier pour ouvrir la porta, et qu*-
aubsy le monde comencoyt a venir, il s*en va
per derricr le Cannoiigaic, et Jetian Hay et
moy nous en allasmes la grand rue. le disoys
a Jeban Hay a telle chose que cecy n'en ad-
Tiendra iamab bieo. II est vray (ce dit-il)
nous avons bien ofience Dieu, mais il n'y a
remede, il sc faulte moustrer verteux et prier
Dieu. ilelas! (ce di-je) Mons. m*a menacii
de me frapper de sa dague, inula je vouldroys
bien qu*il reust faict pour mon honneur. Pans,
ce dict-il, prenes en patience, car vous cong-
Doysses bien Tbomrae. La-dessus ie m*eu allay
coucher dans mon lict et luy au sien, maisje
ne s^ay ou, moy esiaiu Icve le Lundy nuuin
envyron sept ou buyt lieures, je m*en vins a la
cbambre du dit Seigneur de Bodvel, et incoo-
tynent qu'l me voyt il me demande (|ue i'avoys
a laire la mine f Je luy dis que j'avoys que
jamais or n'y argent ne nie remettroyt en point
que i'estoys. Pounjuoy? (ce dici-il) Porce,
nlons. que ie scay bien que je seru pris pour
le principall de ce faict-cy. Hn ! ouy (ce clir-
il) tu es bien homme que ie votildroys bien
prendre pour ung tel faict. IjuHeb»us il s'en va
an has eu une chambre et m'envoye querir par
le dit tailler la ou il avoit en la cbambre le
Lard Omieston, Ilobe Ormistun, Jehau Hep-
bron Dagli&rhe, Porrey et moy.
Moiis. de Budvel me demnnde que j'avoys a
faire telle mine, et. sy i'nvoys promis quei[)ue
cho&c uii lloy, et s*il estoit mon niaistrc? Nun,
Mons. (ce di-ie/. £t voye-tu point (ce dict-il)
ces gentilhoTiiines qui ont tcrres, rentes et re-
venues, femiMCS ct enthns, et ont tout vollu
ubauiluniier |jour me faire service, et si tu pause
avoir oHfeucc 1 )ic'u, le [)erhe n*cst eo toy, cest
a moy, car jc I'ay coniiiiandc, er tu ne scroys
est re ropris de ce fuict, c:ir f*o s(»nt Ics iScigncuis
me>niesdc cc pais, avcn: moy, (^'Tavont comniis
le crymc, et \ouUiroys qui'l mcu^t coste oo...cs-
cus et ne t'en avovr i.tniRis p-.irir*. Per ma fov,
Mons. (cc (li-ic) ic hi vouldrois bien, or liieii*
Paris il se tiiuii monbtrtr \errcnx, et pour toutcs
ics irbeucs du monde, il n<.' fiuilt rien dire, et
s*y vous avez eiivic de vous t.'u alUrr, vous vous
en yrcs bicutost, et du de|>ui:i it* Tay demaodc
confiv plus d'vn'c demyc doui>nine de f(Mfl, ct ne
le sctie iainziis Hvoyer ; et voyla tout cc que ie
sav touchant cc faicl.
A .*?anct Andre Ic dixionie jonr d' Aoust, 1569,
Nicholas llowbcrt diet Paris a este inter-
mgu(3 sur Ics Articles et Deniandcs qui
s'cnsuyeiit, 6cc.
£t premierment ; Interrogue quant premier^
ment il antra eu credit vers la Uoyue. Re*
sponcQ que ce fust com me la Koyne esto)'t k
Calleiidar allant a Glascou, qu'alors elW lay
bailla une bourse la ou il avoit envinm S ou 4
cens esc us, pour la porter k Mons. de Boduel,
leqiiel, apres avoir receu la dicte bouritite sur le
chemyn entre Callendar et Glascou, luy diet
que le diet Paris s*en allast avecques la Koyney
et qu'il se tint pres d'elie, et qu'il regardast bien
k ce qu'elle feroit, luy dysant que la Hoyne luy
donneroyt des lettres pour les luy porter ; la
Royne estant arryu^ ^ Glascrou luy dict^ je
t'envoyerny a Lislebourg, tiens-toy prest, et
ayant demeure la deux jours avecques la diet
dame, laquelle escnpt des lettzes et luy lea
bailie, dysant, yous dires de bouche k Mons.
de IkKiuel qu*il bailie ces lettres qui s'adrestent
k Mons. de Ledini^ton k luy mesmes, et qu'il
parle u luy, et voyei le parler ensemble et re-
gardes la fiigon de taire, et quelle mine ilz fe-
ront, car c*ost, ce disoyt-elle, POur saToyc
lequel est meillieur pour loger laltoy a Craig-
miller ou a Kirkaleild, afiin d'avoyr bon air;
car, s'il logoyt a TAbbciye, le Prince pourroyt
bien prendre sa mulladie, k cause que ses servi-
teurs ne pourroyent leur en garder d*aller veoyr
Ie Prince: en oultre qu'il diet an diet de
Boduel que le Roy la vouUoyt baiser, mais ella
ne pas voullu de peur de sa malladye, chose
que Reress en tesmoigneroyt bien. £t plus
(cc dictrelie) vous dires k Mons. de Boduell
que je ne ja vamais vera le Roy que Reress n'y
est, ct voyt tout ce que je fais. Item, la Royne
luy diet, Paris hastes-voua de rei-enir, car je ne
bougeray dicy jusques au temps que vous m'au-
res raportc la response.
Estant le diet Paris arryvC* a Lislebourg
trouve (e dit de Bodual en son logis a I'Abbaye.
lequel luy dist, ba ! Paris, tu es le bien venu-
Mons., ce dict-il, voycy des lettres que la
Royne vous envoye, et aussi k Mens, de Lid>
dingtoun, vous pryant de les luy delivrer, ct
que je vous vis purler ensemble, pour veoyr
vos &<;ons de ttiire, et comment vous vous ao-
cordies ensemble. Fort bien, ce dict-il, car
j*ey ce jourdbuy parle a luy, et luy a donne
une haqueiicc. Le lendemain le diet Paris diet
qu'il vint an logis du dit de Bo<lucl p^u- troys
Toys le ciiercla^r u 8, 9 et 10 beures, et ne le
sceut januiis trouver, mais a la lin Poivrye le
portier luy vist, qu^il I'allast chercher a la
haulte villc, que peraventure il la trouveroyt
en qijc'lqz lieu au conseil, et I'ayant chercli^* il
voyt venir une troupe degens de vers le Kirka-
feild, la ou estoyt ledict .Seigneur deBoiduel et
Mons. Jacques Balfour, coste a coste ensemble,
lequclz s'en alloyent disner au logis du diet
Mons- Jacques. Ia". diet Paris prya Mons. de
Hoduel de le despesclier vers la Royne. Apret
dibncr(ce dict-il; je le feray; et quant il re-
rctouma querir sa despcscbe apres disner, il
trouve le Seigneur de Boiduell et le diet Mons.
Jacques seuli teste a te!»te*en une chambre, et
le diet Seigneur de Boiduel qui e^crivoit de sa
propre main, et apres avoyr faict, il dist k
Pans, voyb, ta responce, retouroc tVw ^V*.
D39]
STATE TRIALS, 9 Eltz. IBG'J.'-TriaiofPowne, and others.
[940
Rovne et me rccmnmendes bien hutnblement u
sa bonne grace, ctluy dictes quo tout yrn bien,
car Mons. Jacques Balfour et moy n'avons
dormis tout la nuyte nins avons mis ordre en
toute, ot avons aprestc Ic logis, et dictes a la
Royne que je luy envoy e ce dyamant que tu luy
porteras, et que s*y j'avoy inon cuetur je le luj
envoyeraye treuTollunticrs, mais je ne l*ay pas
moi. Va ten a Mons. tic Lodington et luj
demandes sM veuli rescrire a la Royne, ce que
le diet Paris faist, et le trouve ji la cliambrc des
roinptes, et luy detnande s*il plasoyt rendre la
response anx iettres dc la Royne que Mons. de
Boduel luy avoyt baillies. Guy (ce dit-il) et
la-dcssus il prrnd du papier incontinent ct
escript, et ayant faicc le diet Paris luy diet que
la Uoyne Tavoyt cointnandc de luy deuiander
le({uel des deux losjis geroyt le niilfieur pour le
Rov, car eilc ne boiijieri^y dcla jusqii'il ce
quM Tauroit rnport^ sa responce. Le dit
Lctingtoun luy respondit qoe le Kirkafcild
seroyt bon, ct que le dit Seigneur de Boduol et
luy mvoyent advise cuscmblu la-dessus. Ainsy
le diet Paris pan it pour son aller il Gtascou
vers la Royne ; ct estant de retour ^ Glascou
et avoyr faict son met'saigc qui hiy esloyt donnc
des diz Seicneurs de bouche, la Rtiyne luy
ieinande s'il avoyst veu parler Messieurs de
Boduel ct Lethingtoun cnM.inli1e ; diet que non,
mais que Mons. dc Boduel luy avo}-t diet
qu*ilz avoyent parl6 de l>on vysage ensemble,
ct que le diet Sicur de Letliiiigtoun estoyt du
tout k luy, ct que le logis est/)yt prcst. Item,
comme elle retournoyt de Glascou vers Lisle-
bourc avec Ic Roy a Kallendar, il s'adressc
ung nomme de Mons. de Boduel an diet Paris
et luy bailie une lettrC pour In presenter a la
Royne, ce quM feist, luquolle luy demanda
s'y rhomme estoyt seur. Je pcnse, ce dit-il,
Madame qu*il n'eust voullu vous envoyer
homme qu*ill nVn fust seur. La-dessus en
s'en allant couclier elle rescript one iettrc, et y
meist dedans ung anneau et la luy bailla pour
la bailler au diet liomnic portcur, chose qu'il
feist, pour la rapporter au diet Sicur de Boduel ;
apres le Royne et le Roy estaus j^ Lythkow,
elle diet au diet Paris qu*il voulloit* mettre
GuilbertCourlle valitt de clianiibre dies le Roy,
pour ce qu'il estoyt de bon esprit, uffin de
veoyr ce <]ue le Roy feroyt, car elle ne ce
fyoyt point a Sande Darain. Du diet lien
Jeliaii Hay fust par elle despesch6 vers Mons.
de Boduel, aiKjucl die paila as*?es loni; temps,
en uprcs anssy Paris avec des brassdelz au dit
Sieur Bodnel (le diet Paris arryvent a Lisle-
bourg luy bailie Ics bras«eletz) lequel Sieur
estoyt prest de monter il cbeval pour allcr
trou\er Ic Roy ct la Royne, avec lequel le dit
Paris retoume uu devant du Roy, lequel ils
condnyrent jusqiies a son logis fl Kirknticld.
Interroguc s'il savoyt aucun priveaute cntre
la Royne ci Mon?. de Boduel durant le tempt
que le Roy gysoit a Kirkafield : respond, que
Mons. de Boiduel luy avoit diet que toutcs les
nuyiz Jeban Uepbron feroyt le guet ioubz les
galleries d S:mcte*croyx, cependant que lady
Reress yroyt bien taira le qaerir poar i*ame-
ner a la chambre de la Royne, luy deflTcndaiit,
assavoyr a Paris, sur la vie de nc dire que sa
femme estoyt av'ecques luy.
Interroguc s*il savoyt de rentrepris da
meurtre du Roy dnpuis son arrj-vemeut ii Kirk-
afield Jusqups au jour dc Mexecution : respond,
que non nultrement que ce qu'il en a desia
depose en sa desposition faite le neufieme de ce
moys, en adioustant que le Jour que Mons. dc
Bo<luel luy avoyt communique le faict de
meutre du Roy, qui fust le mesmejour que la
Royne couchast au logis du Roy h Kirkafcld,
(ainsy comme il y en souvicnt fort bien) et
rommc le dit Paris roulloy t dresser le lict de la
Koync en sa chambre qui estoyt droyt sonbs
la chambre du Roy, ainsy que Mons. dc Bodnd
luy avoyt command^ lors qu'il parloyt avccques
luy au troti la on il le deta^choyt pour faireses
affaires, le diet Sieur de Bo<luell dcfTendist au
dit Paris de ne drcs«er le lict de la Royne
droict soiibz le lict du Roy, car je y ireuU
mettre la pouldre en cest endroyt-la ce dit-il.
Kt ceste iiicsmes nuyt-lA apres que le lict fu^
drcss6 en la chambre de la Royne ; cc qoc
je fis ail mesme endroyt la ou il me fust
defFendu par le diet de Boduel, la Royne ne
dist, sot que tu es, je nc venlx pas que inon lict
soyt eu cest cndmyt-1^, et dc faicl le feist oster:
par leqiielles pamlles j*ay apersen :\ mon es-
prit qu't lie avoyt cognoyssance du faict. Li-
dc5sus je prinsia hardiesse de luy dire, Ma-
dame, Mons. de Boidiicl ma commande luy
porter les clefs de votro chambre, et qu'il a
enrie de y faire (juelque chose ; c'est de laire
saulter le Roy.en Tnir par pouldre qu'il y feni
mettre ; ne me parle poynt dc cela ceste heure-
cy, ce diet elle, fais eu ce (jue tu rouldna.
La-dcs«fiis je ne I'osoys parler plus arant. \
ceste heur(,»-cy je coininence a consydcrer que
jVstoys employe en ce faict meschaut, aupara-
rant pur parolles couvertes et dcsgiiy«ees «-
tant envoyc de (flascou vers Mons. de Boiduel,
pour scavoyr lequel des logis cstoyent le meil-
licur, et par ce aussy qu'il m'a responds alors,
3uant il me renvoye vers le Royne, vous la
ires, sy elle vous domande ce que je fais, que
j*ay veillc loute ceste nnyt et Mr. Jacque Ihl*
four, pour aprester le logis du Roy. Estant
intcrropn^ sy la Royne passoyt plus oultre ceste
nuyte sur ce purpos, la diet que non, mais le
prei.soyt apres plus fort que jamais de parler a
elle de pourpos de Mons. de Boduel dcs>
femme et de aultres choses. Et estant coo-
cliee ne dormoyt point tout* le nuyte, ains e^
cryvoutdes leitres au diet Sieur de lioiduel, et
les envoye par le diet Paris au Sieur de Boduel,
cnvyron onze a dooze heures de nuyt, mais
ricns de creance. F.t ayant deli\T6 ceste Iet-
trc nu diet Sieur de Boduel, il rescript esinnt
au lict et en baillant la responce an dit Paris
il luy diet, dictes a la Uoyne que je ne dorini-
ray point que je ne escheve mon cntrepri?,
quant je deburuys traynor la picque toute uja
vie pour I'amour d'ellc,
Kt estant de retour vers la Royvc \'endrcdy
an matin, luy ayant racompt^ ccs mesmcs pa- '
roUcs que luy avoyt dictes M'ins. de Doiduclf
941]" ^ATETRlAl^, 9 1Sa.iz.\ 567. -^for the Mtird<T(^ Lord DamUy. [OVi
Et liicn, Paris (ce dict-elle en ryant) il ii'eii a la Roync. Le dit Paris n*a souvenance d'
vieiidra jamais sy Dicu pluist u ce poynt-IA, eC
ce dysuyst-eUe estant au lict. £t commc die
s*abilloyt le dit Paris prend les deux clefs de In
aultre chose que se feiaC ce juur-ld, inuis le
reste esc conteuiLen sa premier deposition jus-
ques a ce que la Iloyue arryva en I Ablmyc, ct
chainbre de lu RfWne selon le commau dement { Mons. de Boduel s\'i>tHnt aussy. retire *en s-:t
du ditSieur de Boduel, et Ics luy aporte.. Le- I chambre avec le die Paris, burvint JNIons. de
quel ayaut faict sortir toute le monde de sa j Uontelcy, en cumpnignye de deux ou troys
chambre^ prend le clef L\,vi c^f^Ve quil avoyt | scrvitcurs, et ce par le cheinin denrier PAbbaye
;avert le dit
jontrcfaicts
-..•t ;jnes aupres
'-II', -elic'^Hont
^ .: ei&t ie6 'con-
en sa pochette, et api4.v
coflVe, en tire des uiu'/-.
toute neufues, et en rn., ri-
des aultresy diet u F- .
bien ; nipurte cel;(--.a, «..
crefaicte^ dn^uns le ,- iHr<* -
Estant .j m^^nc -is^iav- qui avoyt fait
et bailie lescieto cour >'>Mictes au dit Sieur de
Boduel : reinond- qu'd u en savoy t rieu, sy non
que le dit Slfur dx boduel luy dist qu'il avoit
tout«s les cl)cl^ des pones Je ce logis-la, et que
luy et maistrc Jacques Balfour avoyent este
tout uue nuyt pour cliercher et savoyr la meil-
leure entree, comme il a dcsia depos^' ; mais
cepeudant que le diet Paris estoyt absent aveo-
ques ces clcfj», Archibald Bethon, huyssieur, de-
luaude les clenz pour laisser sortir la Hoyne au
jardin, et nc les pouvant trouver, la Royne en
liist fubche, et diet tout haut a Paris a son re-
tour, Paris pourouoy aves-vous emportt^ les
clefs de ma chambre, lequel nc luy rc^pondit
mot sur riieure; mais apres la truuvant a part
luy dist, ha ! Madante, pourquoy m*u\es vous
diet devant le monde quej'avoy^ pris les clefs
de votix; chambre, voyant que v<>us saves bien
Je pourquoy. Ha ! ce dit-elie, Puris c'cst
tout un)L; ne te soucye, ne to soucyc; ct
d'auiant qu*il en pourroyt avoyr bon souve-
nance il (iirt, que ce Vendrcdy la nuyt la'
Iloyue coucha encores au logls du Key, et luy
renvoya dereclief porter des Icttres au diet
Sieur <le l^oduel.
Interroiruc s'il avoyt ricn entendu do ce
propos le Sahmedy an matiiu : respond que
non, sy uou (juc la Uoyne deist en presence de
ceulx de aa ciiambie qu'il y avoyt eu quelque
lequel avoyt bon nioyen a cesto heure-la de tuer
le Roy, car il n'y avoyt en la chambre alors cju'elie
pour les dcpartir ; el diet oultre qu'apres dinner
le did Sieur de Boduel luy commandjS de
prendre la clef de la chambre de la Royne,
clidse qu'il n'av( yi envie do faire, mais comme
la Hiivue soriovt de !»a chambre elle le re^janle,
et l.iy^(»mnianil«MU' pioiidrc la dit clef. Kt
au soyr la Uinue e.-»tui.t a I'Abbaye, elle en-
Toyc le dit i*aiis vers M(;n*i. de Boduel, luy
commandant l>iy dire r!<r l)oucho ; a!les vous
en a Mons. de li./dutl ct luy dictcs, qu'il me
seiiibie fLu'il !>cr(..it Ic niieulx que M<»n?. dc
qui menie droyt au logis de feu Mons. de
Ruthuen; et apres qu'ilz avoyent parle en
roreille ensemble, comme Mons. de Boiduei
avoyt desia anninence dc changer ses habille-
meatz, le diet de Boduel deist apres au dit
Pans, que Mons. de llonteley s*estoyr otfert
d*aller avecques luy, mais qu'il ne le \'oullnyt
mener. Quant et luy, et apres que Mons. de
llonteley se fust party pour alter coucher, le
diet de Boduel prend le tailler et Paris avec-
ques luy, comme il est diet en sa preoiiere de-
position.
Le Lundy matin entre neuf et dix hcures, Ic
diet Paris, diet qu'il entre dans la chambre de la
R^jyne luquelle estoyt bien close, et son lict la
tendu du noyr en signo de deuil, et de la chan*
delle allumer dedans yccUe la ou Madame de
Brant luy donnoyt si desieusner d*img oeuf fraiii,
la ou aussy Mons. de Boduel arryre et parle a
elle secretemeut soubz courtine. Ce jpiii^lu
Lundy, se passe ainsy sans ce que le diet Paris
f)arle u elle. Mardy :ui matin elle se lenu, cl
e diet Paris estaut entre en 'n chambre, la
Royne luy demnnde, Paris qii'.js-tu ? Helas I
ce dicc-il, Madame, je vovs oue chascun me .
regarde de coste. Ne te chailie, re dict-clle,
je te ftray bon vywyge, ct peisonne ne t*ose-
croyt dire mot. Cependant elle ne le diet
chose de consequence jusques a ee qu*elle
voidloyt aller a Seton, alors elle luy demandast
de prendre une cassette on il y avovt des cor-
celctz tl'tscus <jue le thresorier luy avoyt aportt
de France,' pour la porter a la chambre de
Mons. dc Boduel, qui estoyt k ce>te heure-Ui
loge dedans le pallays, au dessus de la chambre
la ou ce tenoyt le conseil ; et puis apres luy
querellc entre ie Roy et Alons. dc Sanote Croix, commandast de prendre son coflre des bagucs
et le faire porter au cha&teau, et le delyvrer
entre les mains du Sieur de Skirling, pour lors
cappituine soubz Mons. de Boduel, chose qu'il
feist ; en apres elle voyant le diet Paris tout
fasch^, elle f)ressoyt souvent de faire sen'ice ^
MoiiS. de Boduel, ee qu'il n'avoyt envie de
faire, ains demandoyt souvent son cong^, et
voyant cela a la pnrfin elle luy diet, Paris,
allcb-voub consoller avecques Mr. Jacques Bal-
four ; cest ung homme d'esprit, je m*y suis eon-
soli e par plubieurs foys et me consoUe dc
present.
Item. IntorroguOJu premier pry veauie qu'il
baneto CrrA'x aver (juiUaui.ie RIakatre allf nt a eojiicu estre entre la Royne et Mons. de
a la rhanibro liu \i'iy, faire ce fjuc le dirt de j Boduel : respond, que c'estoyt alors que le dit
Boduel >c•*i^ ('f q^'il i>arle a Mons. dc Sanct : de B€)duel conduysoit la Royne vers Gluscou,
Cri>ix t'jucliant ce purpos, ear il seroyt m^-cul\ I quant elle aloyt querir le Roy. A Cullender
ain<y qu'auhrenient, et pour eo nVn sei-oit • apres souper assez tard Lady Rercss vint a la
qu'ng p'u prisorniier dedans lechasteau. Apres chambre de Mons.de Boduel et voyt le diet
avoyr le diet i'ann ntc.>:upO ce lain a Mons. ' Paris la, et demande que faict ce Paris icy.
de ii'i^luel il luy diet, je parlrray a Mons. de
Sanct Croyx, ct puis j'yray parlcr moy mesmes
Cest tout ung, ce dict-il, Paris ne dyra chose
queje luy deffead de dire, et la-de%«^&& ^VV^
P+3]
STATE TRIALS, 9Euz. \ 567.— Trial qfPawru,mdaiker$,
[944
t'aniene a la chambre de la Royne : cecy |
cesCoyt le soyr de^'aiit que le leodemain la
Roync Teni'Dva la l>our»e p^r Paris mn diet
Sieur dc Boduel.
Item. £n oultrc il diet ct decUrc, qu^en-
vyron le temps que le diet de Bciduel fust fuict
Due, la Royue lui baillast le butfett et ^'csselle
de Targent de Monsieur le Prince la ou estoyt
ses aruiuynes pour la porter a Mous. de Bo-
thuile, lequel luy diet que ce&toyt pour en faire
oster la luarque de Prince ct y mettre la sien-
ue, ce qu'il delyvra a ung qui a espouse une
Marguerite Hepbron, (nuais il ne scait bonne-
mcnt son uom) lequel comme il luy diet il le
debuoyt bailier a Mr. Jacques Bolfour pour le
faire fairt.
Item. II diet et confesse q^ue la nuvt aupa-
ravant que la Kdyne fust ravie et enlcFee du
dit Sieur dc Boduel, que Mons. d'Ormistoun
vint parler k la Royne bien secretement ^
Lythquow : la-detsiu la Royoe escrypt une
leitre par le diet Paris et par ce (jn'il ne sca-
voyt bien le chemyn, la Royne le feist conduyra
par le diet Omiistoun chez Monsieur de Halton,
la ou le diet Sieur de Boduel estoit en bonne
conipaignie, ct mesmes les capitanes couelies
aupres de luy et daultres ; et trouvsuit le diet
Sieur de Boduel endormye let veille et luy
diet, Monsieur, voyla des lettres que la Royne
vous cnvoye. £t bien, Paris, ee dit-il, couche
toy la ung peu; cependant je ni'envuys escryre,
et apres avoir eseript il diet au dit Paris, re-
conimendes me humblement k la majestic et
luy dictes que j'yray aujourdhuy la trouver sur
la chcrayn au pont.
Item. Estant interrogue s'il savoyt pour-
quoy Joseph s*eo alia de ce pays : respond, que
la Royne luy diet, Paris il fault que tu con-
trouves quelque chose en ton esprile pour faire
peur k Joseph, affin qu'il s'en aillc : et vovant
ou'il nc pouvoy t rien faire clle luy diet, jc feray
iaire une Icttre que tu pcrderas derrier luy
pour luy faire peur; mas luy ne pouvant ce
faire elle le feist dire par le justice clerk,
comme il peust, qu'il eust a comparoistre au
parlement, chose qu*il I'affrayast grandement,
et courut 9a et la demandant son cong6, enfiu
la Royne baiUe ncuf vingtz escus k Paris pour
les baillcr u Joseph, affin qa'il s'en allast, ce
qu'il feist, ct ainsy ayant receu la diet somme il
s'en alia.
Item, diet, que Jehaii Hay souvcut apres la
moit du Roy lo conseylloyt et le eonfortuyt
bien, et qu*aultre ne le consulloyt, sy non que
sou vent comment Mons. de lionteley le voyaiit
deflfaict, le demandoyt Paris, qu*as tu ?
This is the trrw copy of the Dedn ration and
Depositiuuii oftiiesaid Nicholas Ilowbert
als Paris, quhairuf the principall is markit
every Icif with his awm hand. And the
same being red againe in his precence,
lie avow it the same, and all partes and
clauses thuirof to be undoubtedlie ti«w.
Ita est Alexander Hay, scribe secreti
consilli S. D. N. Regis «c Notariut Pub-
licuA.
Confession cf the Laird ef Ormistov, who
was executed/or the Murder of DumUjf.*
The Castell of Edinburgh, Dec 13, io73-
The quhilk day John Bnnde, minister at
Uallyniid-house, fc»eing sent to the laird of black
Ormistounc, to give him comfort be the proiaisi
of God's word ofiereit to sinners, and alswa to
requyre the said laird to glorifie God in sbaiir>
ing uf the trutli, &c. ; after lang cooferenoe, and
prayers made, above the space of ane hoar, or
theirby, the said John Brand miaister said unit
liim. Sir, althocbt I "am trewlie persuadit thst
the haill trewth ye have shawen me of this mat-
ter, yit, because divers and greater doubts are
passit of you, and alse the memorie of men aic
hot weak, theirfoir, gif ye thoof^ niid, I wald
wryte oertaine of they things bnefiuej that yoi
have spoken ; quha aoswerit meiklie, for Gud'i
saike doe the samen; wreit even as I kkall
speike. As I sl^all answer untd God, with wfaum
I hope this night to sowp, I shall declaire unto
you the haill, from the beginning unto the end
ofmypairt. First, I confess that tlie earle
Bothwell shew that samen wickit deid unto me,
in bis own dialmer in the abbey, on Fryday be-
fore the deid wes done, and requyred me to
take pairt with him therein, because, as he al-
led^ed, I wes ane man of activeness, (alace
theirfor !} quhair I utterly refuisit, and said, God
forbid, hot, gif it were upon the Aeld, to figbt
with your lo. unto the death, I sould not feir nj
skinn cutting. Then the said earle said unto me,
tuishe, Ormistoune, ye need not take &ir of
this, for the haill lords hes concluded the stunes
langsyne in Craigmiller, idl that wes ther «itli
the quein, and nane darr find fait with it quhen
it sliall be done. Efber the quhilk, I departit
hame to Kaitis Tames, quhilk was Thomas Hen-
derson's house in Edinburgh, for bis motber
was culled Kait : being in purt seik, I lay douD
in my bed, and lay all Saturday, chictlie Air
that cause, believand that way to liave put of
that evil hour ; and swa I knew na furderuf it
quhill Sunday at niglit, quherc I being iu my
chalmcr in the Black Frier Wynd, ganptand bel-
tit in ane goun, John Uepburne and John Uaj
of Talla come unto me, and said the queos
grace and lords are past up to sie the king, and
my lord is standand at the Black Frier Wvod
fute, and bids you cume to him incuniimnt;
quhere I layd my goun from me, and tuik :uie
ryding clock, because I l>clcivit nil had beis
Weill anewche now agreit, seing they had pasiic
up to visit him ; and cuming at the first 1 luitt
the said earle, for he had comiten upe anutfaer
closse to seik me himselfe, in my awn chalmtr,
and thair he fand my coiising Hob, quhom be
brought with him, and tluiirafter met togidutf
in the middisof the Wynd, wha tuike me againCi
and we all passit up to the Frcicr Yaird, throu{b
the slape, quhair Pareis and Archie Betous
com and met us, and said all wes ready prepant
for the setting of the lunt ; and tliey all enquynt
how it sould be set to; and, afier diverts
* From Aadmou'i MSS.
945] STATE TRIAI^, 9 Eliz. 1 5^1. ^or the Mwder qfLord Damky. [9i6
speakingis, I said, take ane piece of lunt of
thrie or four inch lang, and kindle the ane end
of it, and lay to the eald end, and it wald bum
sf ne to the tniiii^ and swa tvill blaw up ; cfier
the quhilk, the queiiie passing hame, the erle
Bothwell said, speid, and clois all tlie duris, for
they had 13 fals keys of the lodging majdc, and
givin, as they »aid to nie, be him thtt aught the
house. Eftcr the quiiilk I departit incontinent,
and Came not nearer, as I shall answer befoir
God, nor the duir ; and a» I was camand hatne
it strake ten hours, whcr then I pasit lo Kutis
Tames hous, to avoyd suspitionn, that na man
souid say X was at tiie deid doinge, for I was an
hour and mair in my bed or the blast and crack
was. Being requyrit he the said minister, gif
he knew not that the kini; was utberways lian-
dilit be roencs handes, for it is comonlie spokin
he was brought furth and wjrryit, quha an»erit,
as I sail answer to my God, I knew noth'ng but
he was bUwin up ; and did enquyre the samyn
maist dilligentlie at J<»iin Ilephurne and John
Hay and all that turroit behind me, quha
swore unto me, they never knew nae uther thing
hot he was blawin up; and swa I think it was
•ne work done be God for the punishment of
money wickit men, quhnirof f am ane, and ane
greftt siner before God, for the quhilk I ask God
mercy.
Thirdly, Being requyrit, gif lie knew na far-
der her&ifcer, an««rit, at the pasche thairafter,
when the bruite bet^outh to rys upon us, and all
cryit, ane vengeance upon them that slew the
king, it prickit my con^cicncr, and I come unto
the erle Bothwcl' .n hi«> chamber, and said to
him, quhat devill is this now, my lor<l, that
every body supectis yon of this deid, and cryes,
ane veugance for tlie samen, and Tew or no
uther spoken of hot yow. Aneuthcrihiug you
said to me : quha ansrit, I sail let you 8>e sume
tiling that I bad forme ; quha lute me sie ane
contract subscrvvit l>e fourorfvve handwrittes,
quhilk he affirmit to me was the subscription of
tJie erle of Iluntlie, Argyll, the secretar Mait-
land, and sir James H.dfour, and allengcd that
mony mae promisit, wha wald assist him gif
he were put at ; and timirnfiCT read the sitid
contract, ({uhilk, as I remember, conteinit tliir
words, in elfect : " That, for, sauiikle it was
thought expedient and ii.ai>t profitable for the
commoun wealth, be the haill nobilitie and
lords undersubscryvit, that sick ime young fool
and proud tirrane sould not reign nor bear reuU
over thame ; and ihut fordkerse causes, thair-
foir, that thays all had cmicludit that he sould
be put off by ane way rjr other, and quhoso-
evir, sould take the cieid in hand, or do it, tliey
sould defend and forti^e it as thamseUIis, for it
sould be every ane of their awin, recknit and
halden done be thenisellhs.'^ Quhilk writt in?,
as said earl shew unto me, was devysit be sir
James Bull'uur, subscrvvit be them all ane
quarter of ane ye.tr hefoir the deid was done ;
after the quhilk I never spake to tlie said earle
of it quhili the day he gate his assyse, quhaire
the said earle standing at the bnrr, luikingdoun
sad lyke, £ plukit upon him and said, (ye, my
VOL. I.
lord, what divill is this yce are doand. Vour
face shawes what y^ are : hald up your face,
for Godi^ sake, and luik blytiilie ; ye, might
luike swa and ye were gangand to the deid.
Allace, and wo worth them that ever devysit it,
I trow it sail garr us all murne : quha ansrit
me, hud your tor>gue ; I wald not vei it wer toe
do : I have ane out gait fra it, cum us it may,
and that ye will knaw belyve.
Forder, the tyme wlien my lirolher was hurt
be the laird of Seffuird, iir^t com word to mc
that they war slaync, and then thair came ane
bill from thamselffis, and said they wer onley
hurt, and wald not die ; but ane thing did them
mair evill than tlie hurting, vi/. that ane con)-
moune bruit was risen, that] was at the king's
slatighter, and tlicirfoir di>iiit me to get some
guid way to pur^e mysclfe, ti.at it pasb na far-
der, or else ye have done wltli it; quhilk bill I
tnike and gave to tlie er*lc Bt^thwell, wlia tuike
it and gave it to the qifeiu, and she tuike it and
read it, and gave it to the erle Huntlie, ihair
present, wha read it, and thairafter turnic unto
me, and turnit her back, and gave an thring
with her shoulder, and ptissit awny, and spake
nothing to me. This is the linill thing 1 knaw,
ather affoir or efccr, as I sail ansuer to my God,
#ith whom I hope to supe. Kfter the quhilk
being inquired, gif ever the quoin spake unto
him at any tyme, or gif he knew v\hat wes the
qucnis mynd unto it, ansrit, as I shall ansuer
to God shoe spake never to me nor I to hir of
it, nor I knaw nathing of hir part but as my
lord Bothwell shaw me ; for Ivwill not speike
hot the trewth for iUl the gold of the earth,
quhilk I desyre you, guid minister, bear record
hearof as ye have written, quhilk I pr4y yow
read over to me : let me alswa see it ; quliilk
I did aftbir Archibald Dowglass constubill of
the castell, and George Towers of Bristo, with
uthers divers gentlemen and servants being in
the chalracr, quhilk beand done, he said, for
God*ssaike, sit down and pray for me, for I
have bein ane greit sinner utherwyse, for the
quhilk my God this day \\ punishing me, for of
all men on the earth, I have bein ane of the
proudest and hcich myndit, and maist Hlthie of
my body, abnsying myself dyvers ways. Bot
specialiv I have ^hed innocent blood of ane Mi-
chael Hunter with my awin hands : allace
theirfoir, because the said Michael havand me
lyeing upon my back, haveing ane fork in his
hand, niyght haveslayne me gif he pleasit, and
did it not, quhilk of all things greives me maist
in conscience : alswa in a raige I hangit a poor
man for an horse ; nith mony uther wickit
<leids ; for the quhilk, I aske my God mercy,
for its not mervell that I have bein wickit, for
the wickit companie that ever, jl have bein in,
bot speciallie within thir seaven yearis bypast,
quhilk I never saw twa guid men or ane guid
deid, bot all kind of wickedness ; and yit my
Godwuld not sull'tr me to be lost, and lies
drawen me from tliem as out of hell, and hes
given me lazer and space, with guid companie,
to repent, for tlie quhilk I thank him, and isa:r-
surii that 1 am auc ^\' Uvs ^\v^^V.
3 P
91.7]
STATE TRIALS, 23 Eliz. }5S\.^Trial qfthc Earl qf Mortattn,
[9 is
Tliir words, with moiiy mae, cryand conti-
nually uiit«» his God, even lo the very end, cry-
and, my Lord Jeaus, sweit Jesus, have mercy
upon me, as you have had upon uthcr sinners,
in sick sort, that he was, to the appearance of
man, nne of the maist penetent sinners that hcs
bein sein this lang tyme, and.mey be comptit ana
example of God's mercies to all penitent smneris.
55. Trial of the Earl pf Mortoun, for the Murder of Henry, lord
Darnley, Husband of Mary Queen of Scots : 23 Eliz. a. d.
1581. [Arnots Criminal Trials, 388. 2 Laings Hist, of
Scotland, 319.].
MOURTOUN his forfaltrie; Curia justi-
ciarie S. D. N. regis tenta et inchoata in pre-
torio burgi de Edinburgh, prinio die mensis
Juniiy anno -Dni. millesimo quingentesimo
octuagesimo primo, per honorabiles etdiscretos
viros Jacobum Striviling de Kcir militem, et
magistrum Joannem Grahame justiciarios in
bac parte per comnnssionem S. D. N. regis, ac
Dnorum ejus secieti concilii specialiter con-
fctitut. ad etfecium subscriptum bcctis vocatis,
et curia legitiime attinnata, &c.
Jacobus Comes de Mortoun, Dns. de Dal-
keith, 6k:. accusatus callumniatus de arte,
parte, prescieniia conselatione, cc non releiia-
tione proditorie murthure ({uondain nobilib^imi
et charishimi Henrici regis Scotorum, patris
S. D. N. Regis Jacobi sexii.
Nomina assizae elect, jurat, et admits, super
prefato Jacobo Comitc de Mortoun, &c. viz.
Colinus Comes Ergadie, Joannes Comes de
Montrois Andreas Comes de Rothes, Jacobus
Comes de Glencairne, Hugo Comes de Eglin-
toun, Alexander Comes de Sutherland, Jo-
annes Dns. de Maxwell, Georgius Dns. dc
Seytoun, Jacobus Dns. Ogilvie, Jacobus Dns.
Innermaithe, Hugo Dns. Somervell, Alexander
Magister de Levingstoun, Alexander Mr. de
Elphinstoun, Joannes Gordoun de I/)chinvar,
Miles, Patricius Hepburne de Wachtoun, Pa-
tricius Learmonth de Dersie, Miles, Willielmus
Livingstoun de Kylsyth, Miles.
The whilk day the said James earle of ISIor-
toun being indyttit and accusit, that, in the
moneths of Januarii and Fehrii, in the ycir of
God 1566 yeiris, he, accompaniit with James,
some tyme earle Bothwell, James Ormistoun
some tyme of that iike, Robert, alias Hob Or-
mistoun his father brother, John Hay some
tyme of Tallo, younger, John Hepburne, callit
John of Bowt')un, and divers others his com-
plices, cratteiie and secrctlie conspirit among
them selves, consnltit, trc-atic, devysit, and ma-
liciously concludit the maibt sliameful, detes-
table, and unnatural murther and patricide of
our sovenine lords umquhill dearest father,
Henry king of Scot is, lawful spouse for the
tyme to his hicnesS dearest mother Mary, then
quein of Scotland, and that within the burgh of
Ed., pallice of Hallyruid-housi*, and uthers"
places thereabout ; and to the end he myght
bfin^ Inswiiked, filthie, and cxecrabill attempt
at binlter to pn», he with the remanent per-
•ouMs.atuirnamed, lie themselves, yr servant^
complices, and others, in yr names, of their
cawseing. command^ hounding, sending, par*
Caking assistance and ratihabitione, upon the
tenth day of the sd moneth of Febenvar 1566
years, at twa hour:} after midnight, or therby,
come to the lodffeing besyde the Kirk of Feild,
within the said burgh of Ed , wher our sd sove-
rane lords umqll dearest father was lodgit for
the tyme, and thcr be way of hamesukin, bri-
gancie, and foirthowght fellonie, utaist vylelic,
unmercifullie, and treasonablie, slew and mnr-
thftirt him, with Wm Tayliour and Andro Ma-
kage, his cubicularis, when as they, buriet in
slep, were takeand the nyghts rest, brunt bis
hoill lodgcing forsaid, and raised the samen i'l
the air be force of gun poulder, qlke a lytle
afore was placit and imput be him and his for-
saids under the grund, and angular stains, and
within the voltis, in laich and darnit pairts aud
places yrof, to that effect, and richt, stva he
with the remanent persouns afornamit, mar-
row is of his mischeife, be .themselves, yr ser-
vants, complices and uthers, in yr names, of
their causing, command, bunding, ^endinc, and
airt, and pertaking, assistance, and ratih^biticin,
at the tymes forsaids, respective, gave their
favor, coiinsall, and help to the perpetration of
the said horrible crimes, and ay sinsyne hes
simulate, hid, and conceiilit the samen, m maist
treasonable and secreit maner, ami thciriiiroiv
had incurrit the paines of leismogestic, au'i
sould have bein puui^hit theirfor with all
rigour, be tinsall of life, lands, and guiiis, and
be extinctioun of fame, honour, titles, and mr-
morie, conform to the liiwis of this realm ;
lykeas the remanent persouns afoirnamed, his
complices and conspirators with him in tht-ir
treasonable impieties, were already trved and
forfaultit for the self same liynous and detes-
table crimes, and for the maist parr, as thev
could be apprehendit, had sutTerit maist shauit*
ful deid theirtbr, according to yr do'»er\'in5, as
at mair lentil is contained in the diitay i!i\eu in
anont ihe premisses, with (he taikins and pn>-
batiouns producit and usit thcirvxith; qlkt^
beiug read, the said James earle of Murt*»un,
and he anserand vrto, do.ivit the samen, be
reasoun wherof the sai<l ju'ticf-deputij ret"err:t
the samen to the knawledgeof tlie inque'st ari<l
assyse above written, wha wes resavit ami
admittit in presence of the said earle, and tliey
being furth of court removed, and lyply advisit
with the said dittay, taikins infallible and miii»t
f^vident, with the probatiouns producit and
suit for vcrdieing theiruf, uod yrafter inentsr-
949] STATE TRIALS, 23 Etiz. i5Si.— Jbr lAfMtirdtr<tf Lord Darnfey. [950
and agoiiie in coarl, iliey all in nne voyce, be Icd^c in tlmC matter, the suumc tjubairof Is this :
tlie uronounceing orUie mouch of J aim carle Efter my returuin^oiituriii|ilaud,quhuir 1 win
ot Aluatroae, chuncullsr choisen he the sd banUliticl for Davie's slaughtur, Lciune out nf
awjrsa, fyllit the taiil James eorte of Mortuun Wederbuni to Wliitlingbutne, quhuir the eirle
of airt, piiJrt, fbirknaw ledge, and conceiling ol Bolhwell and I roet togelber in ibe jninl of
the ireaaoiiable and miniitunil muitbcra for- Whiitingbame, qnliair, eftcr Imigcommuiimg
snids; after the qikc cniivictiun, tbestidijuB- the eirle Bothwelt proponed to me the king's
tice-deputi], beumnuuciatioun of Andro lind- murtbcr, requyring what uald be my p:irt
utj, deiDster of the said couit, adjudgit, and therein, seeiiiz it was tlie queines inyiid ihnt
tor dome gave, lliat tlie said James earle ol the king sould he cainc away, because, as he
Monoun sould be had to ane gibbet beeyde said, she bL-uned the king miiir of Daiie's
[Im mercac-crose of tlie sd burgh of Ed., und slaugb>L-r than me. My answer to tlie eirle
tlicr be hangit wbilc be be doid, nnd yraftei Buthwcll was this, that I wakl not in any ways
drauiu, quarteiit, and denmiieit, as ane trai- mell with that matter, and that -far this cause,
tour ; and that all bis lands, lieretage, offitxi., bscause I am but new cumed out of trouble,
possessionem, tackes, aleadiugs, comes, cattell, quliairaf as jet I am not red, l«!ing discharged
aciiounes, dcbtes, obligations, guidt moveable to cum neir the cuurt be seven myllj, und tliere-
"■ veable, and uther* n baisomever whil' fore, I cannot enter myself in such a trouble
ispertenit to him, sould and aught anpertaiue, agaiiie. Eftcr this answer, Mr. Arclibald Doug-
0 our soverane lurd. and to be applyii to hi" las entered in conrereiice with tne in that pur-
schcatol foriiiultour pose, persuading nie tn agrie to the eirle Butli-
to be itptaken' usit, and disponit, be btshiene: well's dt'syre. Last of ull the eirle Itothndl,
at Ills plciisur; upon llie qtkcs premises, Mr. being in WliittingliamF, thainiltur eirnesllypru-
Rohert Critliloun of Eliock, odvocat to oui poned the same matter nguin to me, persuud-
eovcranc lord, asked inslruincnts, and acts ol log me ihjiirto, because !iO was the queities
court. — E\lraclum tx actis curia Jusliciarie royndj anil shoe wiild hnve it lo tie done. Unlu
antedicle, per mc Wm, Stewart juniorem, this mj answer rhs, I dcsyrcd the eirle Both-
notariuin publicrim et cicricuni dicle curie pei well to bring me the quciiics hand wryt of this
couimisiionem S.D.N, regis aiitedict. speci- matter fora ivarrand, and then I sould give
alilcr eleclum ct juratnm, &c. sub meis signo him ane ansncr: utbemayei I wald not mell
ct tubscriptionc raaiiuulibus. therewith, quiiilk vrarrand he never purchaissed
The Earl ./Mobtoun's CoNFEisiOK. C'eported, Calderwo.Hl'.s MS.) unto me. Then
_, ,. ,1 , ^ i bemg mquyrcd quhat wuld have beine his u:iri
The sume off al! th« Confebence that was i^ <.^^, i^',,,,^ ^wt^^ the queines wnrranS In
**j"«' «f F"' »"[ """",?' •'"I".^"."';! tl"" •"«"". ""Ifl he ill respect thairof, melled
and Mr Walter BiUcimquell, ami the cheii „;^^, ,„d. a lilthie raurtlier as that? He an-
things that they bard of him quhairof they „,(.^d_ „;f j 1,,^ go„^.„ [he queines v.ryt, and
can remember that day thai the said eirW so bad knowen her mynd, I was purposed to
suffered, quhitt was the 9d of Junii, 1581. have banished myselfe againe, and turned ray
Finf>T, the said eirle bclog exhorted that he back on .Stotlnnd qubile I liad sein a better
sould not be discouraged in consideration ol occasion. Then following fbrtlr his discourse
that estate quhairinto uncc he was in this world of this matter, he said, I being at Si. Andro's
in honour and glorie, and of the downcast to vissil the eirle of Angus a litlie before tlie
quhaininto now he was brought, but rather in miirther, Mr. Archbald Douglas cnine to me
consideration of tlie glorie to come, he sould there, both with wryt and credit of the eirle
rejoice and be ofgude comrort, his answer was, Bothwcll tu s|iew unto iiie that the purpose of
as concerning all the glorie that 1 have had in the kings murther was lo be done, and neir a
this world, I cair nut fur it, I'eciiuse I am per- puynt, and to request my concurrence and
suadcd now that all the hoiioiirs, riches, friends, asystance tliercunto. My answer was to hiin,
pleasures, and quhatsoineierl had in the world, that I wald give no answer to iliitt purpose, see-
u but vanitie, and as concerning the estate ing 1 had not gotten the queines warrand in
quluiirunio now I am brought, I ihank God for wryt, quhilk ivas promised, and thairfore see
it, and am at this poyni, that I nm content ra- >ng the eirle Botbwell never reportcil any fur-
ther to rtnder my lyte then to live, because I rand of the qucine to me, I never melled far-
know that as God boi appoyntcd the tyme ul ther with it. 'Hien being mquyreil wbetlicr he
Diy denth, so has he Dppeyuted the manner gave Mr. Archbald Douglas any commaiid to
ibereof; and tlie rfli ire, seeing I hit now is the b$ there in his- name, he answered,! nei-r
time, and this is the m»niier that best pleiseth commanded him. Being inquyred gif he |;are
my God lo take mp, I am content, and as (or him any counsel theruuntn, be antwertd, I
my lyfe in this world, I cjir not for it a Denny, never counselled him luit: being iDqayrid if
in respect of that immortLititic and everlasting lie gave him any counsel in the contrair, he ;'n-
joy quhilk I luke for, and qtihairof I luii us- swercd I never' counsel led bim ia tbe contniir.
sured. Then it was snid to him, that it «•• it tlm.s- -
2. Bi'iag rcquyrcd quhat wns his part or muiilmii^forhim tlint hissemltld>n(ldep'."-:'.-
knowl(.'dge lu thctiiig's rauitlicr, he answered was to pass to such a wicked jiuirpD*!;, »i.<: -<:
with this alu^staiion, as I sail answer to mv knowing (hereof staved bin doi, iieingi'-
Lord Cod, I sail declare trcwiie uU my know'- be couiited liii^dcifl: lwan>wereil, Vli. t.-^-*-
951]
STATE TRIALS, S^Elfz. 158
bald nt that lyn^^ ^'-^^ ^ depender upon the
eirle Botliwell, makinr^ court fur himself, mthor
then a depender of myiic. Eftcr this follow-
iiif; forth trie simic discourse, he said Mr. Arcli-
bald, ofler the deid \v:i» done, shew to me that
he was at the deid donincf, and came to the
Kirk of field yard wiili tlit- eirl^ l.i »thweil and
Huuthc. Then beini» re<|uyred if ho received
Mr. Aichbald cl'ter the nmrihtr, he answered I
did indeed. Tlien it was said to liim, appeir-
untlie my lord, ye cannot complain justiic of
the senionce that is given against you, sicing
with*ynnr oun mouth y«.' confess the foreknow-
led);e and couf callini: of the kine;*s mnrther, for
quhilk two poynis oulie ye could not be able
to abyd the law. He answered ihsjt I know to
be trew indeed, but yet they ?oa!d have cousi-
sidered the danjiorihat the revcillinj: (if it wald
have brought me to at ihattyme; for 1 durst not
reveill it for Kir of my lyfe. For nt that lyme
to uhom bOuM I have rcvcilrd it? To the
qucine? she was tlie doer tlitMeof. 1 was
Tnynded to have told ir to the kinji's sclfe (fa-
ther, Calderwood) I'ut i durst not for n>y lyfe,
for I knew him to he a baiir.e of snoh na-
tuie, that there was nothinc: tohl him but he
wald reveill it to hir againc. IJeinjj cnquyred
why he wald not sinsyiu* reviell it to the kuig's
majedty, he answered I durst not, for the same
feir. Then he said, efcer the eirle Bothwell
was clcingcd hy an assyse, sundrie of the uo-
biliiie, and I subserved also a bond with the
eirle Bothwell, that if any sould lay the king's
murder to his charge, we s-iuld as5yst him in
the constrairie, and iherefter I subscryed to the
qpeinos marriage witfi the eirle Bothwell, as
sundrie uthers of the nobihtie did, being charg-
ed thereto by the qucines wryt and command.
Then heing inquyred in name of the living
God, that sieing this murther of the king's was
ane of the most fdthy acts that ever was done
in Scotland, and the secreitg thereof lies not yet
been declared, who was the cliicf deid doers,
or whether he was wirricd or blown in the air,
and therefore to declaire if he knew any farther
seen t thereunto; he answered, as I ball an-
wer to God, I know no more secret in that
matter then I have already told and heard be
the deposition of such as hes already suffered
for it, quhilk depositions are yet extant. Be-
inu inquyred if he knew any presontlic to be
about I he king, wlio was doers of that work,
by whose coojpanie the king or common w^ill
might he hurt, he answered, I know none, and
will acusc nonf. Last of all, it was said to
him conre/ning this purpose, that in respect of
his ovM) dejiosition, his part wald he suspected
to be more fonll nor he declared, he ypeired
for what reason. It was answexed, ><■ hein^;
in authoritic, howheit ye punisht ut'erb tor the
murtiier, yet ye punisht not Mr. Archbald,
whom ke knew to lie guilty thereof; he
answered, I pnnisht him not indeid, neither
dur«t I, for the causes brf«)re khotvne. fAs
the remaining articles of this long confes-
Bion rclftte to transactions during his ilPirencv
and afterwards, we proceed to the conclusion.]
1 .-^Trial of the Earl qf Mortotm, [952
Thereafter he was called to dinner at two after
noune, and being at dinner, sieing the breihrein
of tlie miuistrie were informed that there was
wrong report made of his conliessioune- to the
kinz, and that he soould have confessed metkle
uthcr way PS then he did, whereby the king
might have had ane war opinion of him, they
thought gude to send down some before his sut-
fering, to ioiform the king's majestie of the facts
of his confessioune, as namely, David Fergus-
sone, John Durrie, and John Brand, who, be-
fore his death, at length told the simple truth
of his coufcssioune to the king's majestie. At
their returning agnine from the Abbey, his
keiper reqnyred him that he sould cum forth to
the scartald, he answered, sieing they have
troubled me thisf day over meikle wi»h warldly
things, I supposed they sould have given mc
this one nyght leasor to have advysed rjpely
with my God. His keiper said all thinp are
readye now, my lord, and I tliink tljey will not
stay : he answered, and I am readie also, I
prayse my God ; and so, one comfortable
prayer beinir made, he passed down to the gate,
myiiding to goe directly to the scaffold; but
the eirle of Arrane stayed him, and brought
him back aoaine to his chalmcr, and required
of him that he sould tarrie till liis confessioune
were put in wryt, and subscryed with his hand
and the ministers that were present. He an-
swered, no, my lord, I pray you trouble me no
more with the?»e things, for I have now other
thing to advyse on, that is, to prcpair me fur mj
God, sieing Voat I am now nt a poynt to go to
deati), I cannot wryt in the estate wherein now
I am. All the Ixmi st men can testiHc what I
iiavc spoken in the matter; with quhilk an-
swer the eirle of Arran biing satisfied, he said
unto him, now my hird, ye will be reconciled
with me, for I have nothing upon any pariicu-
lar against you. lie answered, it is not tynie
now to remember on querels, I have no querel
to you nor any man; I forgive you and all
uthers, as I will all to forgi\e me; and so
therefter with a gude curane he pa>t to the
scatnTald, and being upon the scaffuld, he repeits
I in few words the substance of these things, the
I ([uhilk before he had confessed, except that he
concealed Mr. Archbald Douglas his name, and
eiked some word and exhortatioun to the peo-
ple, cpihilk he spake not hefore, as namely, lie
' said. Sure I am the king sail lose a gude servaut
' this (lav, and so he exhorted the people, saying,
I testify hefi>re (»od, I have professed tlieevaa-
; gell, (pil)ilk thi^ day is teached and professed in
I Scotland, and so also now f will willinglie lay
down my lyfe in the professioun thereof; and
: howhcit, I have not walked therein as I aught,
- yet 1 am assured God will be merciful to mc;
and I pray you all, gude christians, to prav for
i me; and 1 charge you all, in the name of bod,
' that are professors of the cvenuell, that ye ron-
tinne in the true professioun theret>f, and main-
tain it to your power, as I sould have, God
willin<:, with my lyfe, lands, and all, gif I had
had daycs, quhilk if ye doe, I assure you God
sail be merciful to you ; but if ye do uot, bt
*!
955} STAT£ TRIALS, 23 Elii. )5Sl.*-/or the Murder qfLordDamley, [954
9are the vengeance of God sail light apon you
both in bodie and soul. As coiiceromg all the
rest of the thinp quhilk he spuke cvmHortMy
upon the scafTtilfi, lie spalce them more am|>ty
before, and therefore we think it not ueidful to
repeit.
When all his speeches were ended upon the
scafluid, a comfortable prayer was made by Mr.
James Lawson, during the time of quhilk
prayer, the eirie lay grrjrelling upon his face,
before the place of execution, his bodie making
j^reat rebounding with sighs and sobes, quhilk
was evident signs of the inward and mighty
working of the spreit of God, as they who were
present and knew what it was to be earnestly
moTcd in prayer, '^might eysily persave. The
prayer being ended, and efter thatsundrie came
unto him to be reconciled tvith him before his
death, quhilk he most lovingly did receive, and
efter that he had tukeii us all by the band,
that were about him, and bi<lden us farewell in
the Lord, he passed both constantlie, patientlie,
mnd bumblie, without feir of deith to the plnce
of execution, and laid craig under the axe, his
band being unbound, and thairefter Mr. Walter
putting him always in mind of Christ ; and cry-
ing in his eirs thir words ti)llowing, untill his head
was strucken off. Lord Jesus receive my soul ;
in thy hands, Lord, in thy hands I commit my
spreit, quhilk words be was speaking till the
axe fell on his neck, and so quhatsoerer he had
been before, he constantlie died the trew ser-
vant of God ; and howbeit by his unfriends al-
ledged, that as he lived prouHlie, so he died
proudlie, the charitable berrants of God conid
perceive nothmg in him but nil kind of humility
m his death, in so meikle that we are assured
that his soul is received in the glorie of heaven,
to the quhilk the Lord bring us all. Amen.
Morton*s Confession is confirmed by Archi-
bald Douglas's Letter to Mary, which we re-
print from Robcrtson*s Hibtory to complete the
Evidence.
A hziTLn/rmti Mr. Archibald Dvuglas to the
Queen of Scot ts.
Pleask your majesty, 1 received your letter
of the date the I'ith of November, and in like
manner tias seen some part of the contents
of one other of the same date, directed to
Monsieur de Movisir, ambassador for his ma-
jesty the most christian king, both which are
agreeable to your princely dignity, as by the
one your highness de^'ircs to know the true
cause of my banishment, and oHIers unt<i me all
favour if I shall he innocent of the heinous
facts committed in the person of your Imsbund
of good memory, so by the other the saifl ani-
busitador is willet to declare unto me, if vonr
husband's murder could he laid justly iigamst
me, that you could not sollicit in my cnu>p,
neither yet for any ptTSon that was participant
of that execrable fact, but would seek the re-
venge thereof, when you should have any means
to do it ; your majesty's oflfer, if I be innocent
of that crime, is most favY)urablc, and your de-
sire to know the truth of the same is most
equitable ; and therefore that I shoobi with all
my simplicity, sincerity and truth answer there-
unto is most reasonable, to the end that yotur
princely dignky may be my help, if my inno-
cence shall sufficiently appear, atid procure my
condemnation, if I be culpable in any matter,
except in the knowledge of the evil disposed
minds of the most part of your nobility against
your said busband, and not revealing of it,
which I am assured was sufficiently known to
himself and to all that had judgment never so
httle in that realm ; which also I was con-
strained to understand, as he, that was speci-
ally employed betwixt the earl Morton, and a
good number of your nobility, that they might
with all humility intercede at your majesty's
hand for his relief, in such matters as are more
specially contained in the declaration follow*
ing, which I am constrained for my own justi-
fication, by this letter to call to your majesty's
remembrance. Notwithstanding that I am as-
sured to my grief, the reading tnereof will not
smally offend your princely mind. It may please
your majesty to remember, that in the year of
God 1566, the said earl of Mortrm, with divers
oth^ nobility and fient. were declared rebels to
your majesty, aud banished your realm for in-
solent mgnicr committed in your majesty's
own chamber, which they alledged was done
by command of your husband, who notwith-
standing aflirmed that he was compelled by
them to subseribe the warrant given for that
effect ; howsoever the truth of that matter re-
mains amongst them, it appertains not to me
at this time to be curious ; true it is that I was
one of that number, that heavily otfended
against your majesty, and passed in France the
time of our banishment, at the desire of the
rest, to humbly pray your brother the most
Christian king, to interceed that our offences
might be pardoned, and your majesty *s cle-
mency extended towards us, albeit dii-ers of
no small reputation, in that realm, was of the
opinion, that the said fact merited neither to
he requisite for, nor yet pardoned. Always
such was the careful mind of his majesty to-
wards the quietness of that realm, that the
dealing in that cause wiis committed to Mons.
de Movisir, who was directed at that time to
go into Scotland, to conirnitulate the happy
birth of your son, whom Almighty God of his
):i;oodnes» may lout; preserve in happy estate
and perpetual felicity ; the careful travel of the
said de Movisir was so effectual, and your ma-
jesty's mind so inclined to mercy, that within
short space thereafter, I was permitted to re-
pair in Scotland, to deal with tnrU Murray,
Aihol, Bodvel, Arj;uile, and secretary Leding-
ton, in the name and behalf of the said earl
Morton, lords Reven, Linsay, and remanent
con)pIesis, that tliey miuht make offer in the
name!* of the said earl, of anv matter that
might satisfy your maje»>ty'b wrath, and procure
your clemency lo he extended in their favours;
at my coming to them, after I had openeil the
effect of my message, they declared that the
marriage betwix yo\i a^iid >fov\t V»a>wcck,^ \«A.
y.^5j
STATE TRIALS, 23 Eliz. 15BI.— Trial qf the Earl <fMonowu [956
been the occasion already of great evil in that
Fjeahn, and if ^our husband should be suflPered
to follow the appetite and mind of such as was
about him, that kind of deahnz might produce
with time worse eftccts ; for helping of such in-
convenience that might fill out oy tliut kind of
dealing; they hud thought it convenient to join
themselves in league^and band with some other
noblemen, resolved to obey your majesty as their
natural sovereign, and have nothing to do with
your husband's command whatsoever, if the
said earl woi^d for himself enter into that band
and confederacy with them, they could be con-
tent to humbly request and travel by all means
%>ithyour majesty for his pardon, but before they
could any far: her proceed, they desired to know
the said earfs mind herein ; when 1 had an-
swered, that he nor his friends, at my depar-
ture, could uot know that any such like matter
would be proponit, and therefore was not in-
structed what to answer therein, they desired
that I should return sutliciently instructed in
this matter to Sterling, before the baptii>m of
your son, whom God might preserve; this mes-
sage was faithfully delivered by me at New-
castle in England, where the said earl then re-
mained, in presence of his friends and com-
pany, where they all condescended to have
no farther dealing with your husband, and
to enter into the said band. With this de-
liberation I returned to Sterling, where at
the request of the most christian king and
the queen's majesty of England by their am-
bassadors present, your majesty's gracious par-
don was granted unto them all, under condition
always that they should remain banished forlli
of the realm, the space of t#o years, and
farther during your majesty's pletisure, which
limitation i%ab after militated at the humble
request of your own nobility, so that immedi-
ately atter the said earl of Morton repaired
into Scotland to Quhittingaime, where the earl
Bodvell and secretary Ledington come to him;
what speech pabssed there amongst them, as
God shall be my judge, I knew notliing at that
time, but at their departure I was requested by
the said earl Morton to accompany the earl
I-Jodvell and secretary to Edonburgh, and to
return with such answer as they should obtain
ol \\)uv niitjcsty, which being given to me by
the ^ai{^ ])ers()ns, as God shall be my judge, was
no other than these words, " Schaw to the earl
IVIoriou that the fjuocn will hear no speech of
that matter appointed unto him ;" when I crafit
that the answer might be made more sensible,
secretary Ledington said, that the earl would
sufficiently understand it, albeit, few or none
at that tune uiid2r>tand what passed amongst
them. It is known to all men, als veill be
railhng letters pa-;t betwixt the said earl and
Lidington when they beconie in divers factions,
as also ane buck sett furth by the ministers,
wherein they affirm that the earl of Mortim has
confessed to them, before his death, that the
earl Bodvell come to Quhittingaime to propon
the calhng away off the king your husband, to
t/je which proposition the said earl of Morton
affirms that he could give no answer unto such
time he might know your majesty's mind there-
in, which he never received. As to the abo-
minable murder, it is known too by tlie de-
positions of many persons that were executed
to the death for the committing thereof, that
the same was executed by them, and at the
command of such of the nbbility, as had sub-
scrivit band for that effect : by this unplcasaut
declaration, tlie most pai*t thereof known to
yourself, and the remainder may be understood
by the aforesaid witnesse> that was examined in
torture, and that arc extant in the custody of the
ordinaryjudgesin Scotland, my innocency so far
as may concern any fact does appear suffici-
ently to your majesty. And as for my dealiog
aforesaid, I can be no otherwise charged there-
in, but as what would accuse the vessel that
preserves the vine from harm, for the intern-
perancy of such as immoderately use the same.
As for the special cause of my banishment, I
think the same has proceeded upon ane opinion
conceived, that I was able to accuse tlte earl
of Morton of so much matter as they alledge
himself to have confessed before he died, and
would not be induced, for loss of reputation, to
perform any part thereof. If tliis be the oc-
casion of my trouble^ as I suppose it is, what
punishment I should desene, I remit me to
your majesty's belter judgment, who well
knows how careful ever ilk gentleman shouki
be of his fame, reputation and honour, and
how far ever ilk man should abhor the name
of a pultroun, and how indecent it would have
been to roe to accuse the earl of Morton, be-
in^ so near of his kin, notwithstanding all the
injuries I was constrained to receive at his
hand all the time of his government, and far
no other cause, but for shewing jof particular
friendship to piu-ticular friends m the time ol*
the last cruel troubles in Scotland. Sorrv I be
now to jBCcuse him in any matter being dead,
and more sorry that being on lyff, be such kind
of dealing obtained that name of Ingrate. Al-
ways for my own part I have been baniiihed
my native Ci>untry those three years and four
months, living in an\iety of mind, my hollguds
in Scotland, which were not small, intermittit
and disponit upon, and has continually since
the tune I was relieved out of my last troubles
at the desire of Monsieur dc Movisir, attended
to know your majesty's pleasure, and to await
upon what service it should please your ma-
jesty for to command. Upon the 8th of April
insi. your good friend secretary Walsinghamc
has declared unto me, that her highness
thought it expedient that 1 should retire myseli'
where I pleased, I declared unto him I had no
means whereby X miglit perform that desire,
until such time as I should receive it from youf
majesty. * Neither knew T where it would
please your higimcss to ciirect me until such
lime as I should have received further infor-
mation from you. I'pon this occasion, and
partly by pennibsion, I have taken the hardress
to write this present letter, whereby your ma-
jesty may understand any part of roy troubles
STATE TRIALS, H Euz. \bl\.— Trial qf the Duke qf Norfolk.
[958
nd strait present. As to my intention
I will never deny that I am fully re-
to spend the rest of my days in your
y*s service, and the king your son's,
oever I shall be directed by your ma-
ind for the better performing thereof, if
11 be her majesty's pletisure, to recom-
Jie tryal of my innocency, and examina-
the verity of the preceding narration, to
ig your bon, with request that I may be
led fur sucli offences as concerned your
^'s ser>'ice, and var common to all men
the time of his les aige and perdonit to all, ex-
cept me, I should be the bearer thereof mysell^
and be directed in whatsoever service it should
please your majesty for to conmiand. Most
humble I beseech your majesty to consider
hereof, and to be so gracious as to give order,
that I may have means to serve your majesty
according to the sincerity of my meaning, and
so expecting your majesty's answer, after the
kissing your bond with all Immility, I take leave
from London.
Hie Trial of Thomas Howard duke of Norfolk, before the
Lords at Westminster, for High Treason : 14 Eliz. Jan. 36,
1571. [M. S. Brit. Mus. 1427.]
A. D.
r of all, there was prepared in West- I
r-hall a large scntFold, about a (bot dis-
►m the Chancery-Court; and to the same
1 a long passage, about six foot broad,
B;h built all the way as far as to the
oo-Pleas bar. In the middle, on the
idc of the scaffold, was erected a chair,
hat hiiihcr than the rest, with a cloth of
>r the Lord High Steward of England,
r iliiit day wus George earl of Shrew s-
Oii both sides of the Lord High Stei»ard,
lords ill iiiia order:
ripht hamhftht
liifilt St (Hard,
d carl oi'Keiit,
s earl ot S.i.»sst\,
see.ofW arwick
irl i^rPduliroke,
o. of Lt■icc'^lt•^,
nton, Lordlli;:lj
iral of EimlaiKi,
jrd BiirUJgJi,
lord -Mountjny,
't iit\>(>rtb,
nrd AIordHiit,
litiiuiois,
Old .^fi. John uf
>hut'.
On the lift hand.
Earl of Worcester,
Karl of Huniin^don,
I'rancis e. ol Inidford,
Kdw.jrd e. of Htrfford,
\'ibcouui Hereford,
Wiliisun lord Howard
of Etiinghnm,
Lord Grv.y of Wilton,
Lord S iiules,
Lord liurnl).
Lord St. John,
Lord Rich,
I»rd Noith,
Thos. lord Hiickhurst,
Lord De La Ware.
oth sides of i[»e Lord Hi!j;h Steward, on
firm at tl»e lords tvoA, sat the Judges,
the ri^Iit hand ; sir Robert Catlin, lord
.>ti(*e of Lniiland ; ^iv Jaiiit^s l)yt*r, lord
I'-tice <»f tJir coiniijoii }>leaB ; sir Edw.
r."*, I )rd cliit'f baron of uw cxchrquer.
If ft hand, tlie rest of the Judges iat nc-
to tlu'lr ' rdt-r.
iir Icet of ilic Ion! Iii«rh steward, directly
fiini, in a holiow plare cut in the sr'af-
f hat purpose, s;tt Mr. ALIes Sands clerk
row 11 with 1,1*' scondarv. Next, hciioarli
tices jn the san»e row, sat at the ritht
jz. «»n the East-bide, sir IVanris Knowie,
ircc of the (jucrn's Loushold, and sir
Mildm«y chanrelK»r of the Hxchecjuer,
ier»«l others of the queen's J'rivy^oun-
cil. On the left side, onthe West part .of the
said scaffold in the same degree, sat next the
Judges, Dr. Wilson, master of. the requests,
and several other persons of note.
On the North part of the scaffold, directly
before the bar where the Prisoner came, sat
Mr. Nicholas Barram the queen's seijeant, Mr.
Gilbert Gerard the queen's attorney-genera],
Mr. Thomas Bromley solicitoi^eneral, and
Mr. Thomas Wilbrabam the queen's attorney
of the court of wards. On the right hand,- by
permission, sat Mr, W. Fleetwood recorder of
London ; and on their left hands were Mr. Tho-
mas Norton, who wrote down tliis Trial upon the
scaffold, as also Garter kin^ at arms, two geii«
tiemen ushers, and two Serjeants at arms.
The Lord High Steward being set in his
chair, and all the lords and otliet s set in their
places, with a great number of popple in the
Hall, the Hull being kept by the knight mar-
shal, and the warden of the Fleet, and their
servants with tipstaves ; about half an hour
pa«t 8 in tlie morning the lord hi^ steward
stood up at his chair bare-headed, and Mr.
N orris the eentleman-usher holding the white
rod before him, Littleton the Serjeant at arms
made proclamation as follows : * My Lord's
* »:race, the queen's majesty's commissioner,
* Hii;h-Steward of England, commaudeth every
* man to keep silence on pain of Imprisonment,
' and lo hciir the queen's majesty's Commission
* rcJid.' Which then was read by the clerk of
the crown. Then the -said lord high steward
sat down again in his chair, and the gentleman-
usher delivered him the white rod, which he
held in his haiid a gn^t while ; and after the
Indictuicnt read, rc-delivere<l it to the gentU-
man-usher, who held it up before him all tlie
time of the Arraignment. Then Littleton the
Serjeant a^ain made Oyer, and proclaimed
thus: * Thomas Iklwards, serjeant at arras, re-
turn thy precept;' which being put in immedio
ately, he delivered to the clerk of the crown
the names of the peers summoned for the
Trii^l. Then Jjtileton the Serjeant again
made Oyer, and proclaimed thus: 'All earb,
viscpunts, and barons,
959]
STATE TRIALS, 1 4 Eli z. 1 57 1 .—Trial qftht Duke of Norfolk,
[dw
this day, every one answer to your names ou
pain of future peril.' Ttien were ali ttie lords
called in order by their names of baptis^n, and.
flurnanies of dignity, bi'ginning at the aniient-
eat ; and every one «everidly, as he was called,
stood and M^niticd tlieir afi}>earance.
Th<'ir Order of Ancientry, us they were
called, was thus: Kcyndld earl of Kent, Wm.
earl of Worcester, Tho. carl of :^u^bex, Henry
carl of Huntingdon, Ambrose earl of Warwick,
Francis earl of Bcdti>rd, W'm. earl of Pem-
broke, Edw. earl of Hertford, Robert earl of
J^eicestcr, Walter vise, ilereford, Edw. lord
Clinton, Wm. lord Howard of KflingKam, Wm.
lord fiurleii^h, turd Grey of Wilcon, James lord
Afouiitjoy, lord Saii(k% lord Wvntworih, lord
Burgh, Lewis lord Mordant, lord St. John, Ro-
bert lord Rich, l«»ril North, lord C'liandois,
Oliver lord 8t. John of Bleishoe, Thomas lord
Buck hurst, lord De La Ware.
Then the Serjeant again made Oyer, and
proclaimed thus : ' Robert Catlin kniglit, Chief
Justice of England, return thy Certiorari and
thy Precept;* which was immediately deh\*ered
to the clerk of the crown, and read. The ser-
jeniit again made Over, and proclaimed thu^ :
* Lieutenant of the Tower of London, return
thy Habeas Corpus, suid bring forth thy Pri-
soner Thomas duke of Norfolk/
Then wa» the duke brouglit upon the lont;
iialf pace to the bar, sir Owen Ilopton lieute-
nant of the Tower leading: hiui by the right
hand, and sir iV'ter CrArowe by the left, and so
he was placed at ilie bar, tlicy still holding him
by the arms; the chiimberlain of the Tower,
with the axe of the Tower, standing with the
edge towards sir Peter: v.hile behind the duke
fttood Mr. Henry ."Skipwith, who after the
duke's Imprisonment, was appointed to attend
on bim in tlic Tower,
Then the Duke with n han^hty look, and
oft biting his lip, survcyrd the tonis cm each
6ide him. In the mean time the Lieutenant of
the 'i*owcr delivered in his return ; then the
eerie.uit made Oyer and Proclamation of si-
lei:ce, v liile ilie Clerk of the Crown suid to the
dnke thus: 'Thomas duke of \orf(»lk, late
of Kemniin'^-hall in the county of Norfolk, hold
up tliy hand :' Which the duke ilid very lustily.
'1 NrM the clerk of tlic crown read the Indut-
MF.N r,* the tenor whereof is thus :
<* Middtesex.
'* The Jury pn*ent .ind "^ay, in behalf of our
lady the queen. That Thoinns duke of Norti>lk,
Jate of Kennnin^-hall in tlu- ronnty of Norf>>lk, j
as :i filsc Trnitor against the most illu'strious
and Christian princess Elizabeth, queen ul' Eng-
land, France, and Ireland, defender of the fuith,
Ike. and his soverei;in lady, not having the fc:ir
of Coi in hi,>i heart, ni»r vvciti^hin<! hi;* due ailt>
eianee, but seduced by the instigation of the
De\il, c*ontrary to that ctirdiul aflfccrion and
buundco duty that true and faithful subjects of
our said hujy the queen do bear, and of right
* A copy of die Latin Indictment will be
found at the end of this Article.
ought to hear, towards our said lady the queen ;
and intending to cut oiT and des:roy the said
queen Elizabeth, the 92d day of Sept. in the
11th year of tlie reign of our said sovereign
ladv queen Elizabeth, and divers other days
and tunes before and after, at the Cliarte:-
House in the county of Middlesex, hath
falsely, maliciously and traitorously conspir-
ed, imagined and gone about not only to
deprive, depose, and cast, nut the said ^ueen,
his sovereign lady, from her royal dignity,
title, power, and government of her kingdom of
England ; but, also to bring about and compasi
the death and linal^destruction of our said sove-
reign lady the queen, ^nd to make and raise
Sedition in tlkc said kingdom of England, and
to spread a miserable Civil War amongst the
subjects of our said lady the queen, and to pro-
cure und make an Insurrection and Rebellion
against our said lady the queen, his supreme
und natiiral lady ; and so to make public war
within the realm of England contrary to our
said lady the queen, and the government of
her said kingdom, and to endeavour a change
and alteration of the sincere worship of GomJ,
well and religiously estabhshed in the said
kiiiisdom; and also totally to subvert and de-
stroy the whole constitution of the said state,
so happily instituted and ordained in all iii
parts, with divers aliens and foreigner?, not the
subjects of our said lady the queen, hostilelv to
invade the said kingdom of England, and to
make cruel war ugaiust our said lady the queen
and her dominions. — And for the compassine
and bringing to pa^s all the said wicked and
notorious treasons, imaginations, and intentioos
proposed as aforesaid, he the said I'homasduLe
of Norfolk, well and truly knew and under-
stood, that Mary late queen of Scots had laid
chiini and pretended a title and interest to the
present possession and dignity of the imperii*!
cTMNVii of this kingdom of England; well aiid
trn!? knowing n/id understanding, that the
nlikfcsaid Maiy, late queen of ^>col^, had falfelj,
u-it'!.cdly, und unjustly said and aflirroed. That
our aforesaid lady, ijucen Elizabeth, had no
right und title to the crown of this realm of
England: And aho well and truly knowing acd
uiKlerstandin*!:, that the aioresaid .Mary, late
'jMecn of Scui«», luil falsely, wickedly, anduD- s
justly usurped the stile, title, and regal name
of this kingdom of England; and that site, the
aforesaid iVIary late queen of Scots, liau im-
paled and jonied tlie arms of the kingdom of
England wirh the arms of tltc kin::dom of S«ot-
laml, Ul well in her sraU and plate, as odier
thiiiifs. witli>>ut any ditftTcme and distinction.
And furilii'nnore, well and truly knowing snd
undei>^taluiln^, that tiic said Mary, late queea
of .Scot*, had not rovuked or renounced lier
wicker! and unjust claim > and u5urputioDi
uftirc'-nid, the 23d day of Sept. in the lltli yenr
of our sai<l lady, now queen of Englaod/iDd
divers other da\s and places before and after
the said time, at' the Charter-House aforesaid,
in the county of Middlesex afoi€Mid, fidsdy,
suUtlely and traitorously aoaiht and codes-
9GI]
STATE TRIALS, I I-Eliz. 1571.— ybr High Ti-cason.
[902
voured, without the assent, consent, or ame-
ipcnt of the aforesaid ourladj^ queen Elizabeth,
liis supreme and sovereign lady, to be joined in
marriage with tiie aforetiaid Mary, late queen
^of Scots. And for this reason and cause he the
aaid duke aforesaid, the 23rd day of Sept. in
tlie 11th year aforesaid, and divers other days
«nd places hefore and after, at Charter- 1 lou^e
aforesaid in tl.u county of Middlesex afore-
Mid, falsely, subtlely and traiioroubly writ
divers letters to the aforesaid Mary, late
<)ueeu of Scots; and as well as Ictten, sent
several pledges or tokens to tiie aforesaid
Mary, late (jueen of Scots, the 23d day of
bept. aforesaid, in the year atbresaid, and divers
otlier days and times before and after. And
Also on the said 23d day of Sept. in the 11th
jear of the reign of the said queen Elizabeth,
and divers otlier days and places before and
after, at Charter-house aforesaid, in the county
of Middlesex aforesaid, falsely, subtlely, and
traitorously gave to, and accominodated the said
JVIury, late queen of Scots, with divers smns of
money ; which the said Marv, late queen of
Scots, falsely and traitorously had and receiveil
of him the said Thomas duke of Norfolk, the
!23rd day of Sept. aforesaid, in the year afore-
said, at Chartcr-liouse aforesaid, in the county
of Middlesex aforesaid ; notwithstanding the
mforesicid duke had been distinctly and especi-
ally forbid and prohibited by the aforesaid lady
queen Elizabeth, upon his alle«;iance, that he
liliould upon no account wliatsoever hold Cor-
respoudeuce, or treat with the aforesaid Mary
■ late queen of Scots, concerning Marriage ^vith
Jier the baid Mary late queen of St-ots; and not-
withstanding the aibrcsaid diike, by divers Ict-
crs and instruments writ with his own hand to <
tlie said lady queen Elizabeth, liis supreme so-
vereign lady, publicly denied and renounced
the aforesaid Marriage, protesting that he the
Miid duke was never engagefl, or liad proceeded
in the said Marriage. — And also tlie said Ju-
rors, upon their corporal oaths, further present
and sa^, That Tliomas earl of Xorthumberlund,
late ot Topdid'e in the county of York, and
Anne liis wiife; Charles earl of Westmoreland,
late of tiranspeth in the county of Durham ;
Jlicbard Norton, late of Norton Comers in the
county of York ; Thomas Markenficld latt of
Alarkenfield in the said county, esquires ; to-
together with se\*eral other false Traitors,
rebela, and public enemies of our said lady
queen Elizabeth, not having the fciir of God
bef ire tlieir eyes, nor considering tlu^r due
allegiance, but seduced by the instigation
of Uie devil, imagined, devised, and con-
spired to deprive and depose the stiid lady
queeo Elizabeth from her royal dignity, title,
and power of her kingduiu of England ; and
also to bring about and compass the death and .
lioal destruction of the said lady queen Kliza-
bctli, with tlie intention and design to complete
and fulfil all their traitorous conspiracies and
devices, on the 10th day of Nov. in the 11th
year of tlie reign of tlie said queen, at Uippon
m the Mid county of York ; by their own con-
sent and appointment, they did falsely and trai-
torously meet and assemble theinselvet toge-
tlier, with a great multitude of people, to the
number of 4,000 men and more, rcaidv anned
and prepared for open war against their said
queen Elizabeth, their supreme and sovereign
lady, at Rippon aforesaid, tlie 16th day of Nov.
aforesaid, ni the year aforesaid, falsely and
traitorously they were ready prepared and
armed to execute all and singular tlie treasons
and conspiracies Hfores;ii(l, of the said Gliomas
earl of Northumberland and Anne liis wife,
Charles earl of VVcstniorelandy Richard Nor^
ton, and Thomas Markenfield, with many others
of the said false traitors and rebels ufoicsa id, by
due form of law legally indicted, and afterwards
upon that legally outlawed and attainted, as
they now stand upon record in her said majes-
ty's court of queenVbench. — And after the
perpetration and commission of the aforesaid
i^ickcd treasons, in manner aforesaid by tliem
committed, the aforesiiid Tho. eurl of Northum-
herlaud, and Aniie his wife; Charles earl of
Westmoreland, 11. Norton, and Thomas Mar-
kenfield ; with many otlier false traitors and
rebels aforesaid, the 20th day of Dec. in the 12th
year of the reign of our said sovereign lady the
auccn, for those Treasons fled out of this king-
om into the kingdom of Scotland; and ;hero
resided, and were received, aided and assisted
by several noblemen, and other great men
of the said kingdom of Scotland, viz. by James
duke of Chastelleroy, the earl of Huntley,
Mr. Harris, Mr. Hume, and Mr. Firmherst,
and other Scots, then subjects of the said king-
dom of Scotland, detained from our said la(ij
queen Elizabeth, in and towards which noble-
men, and other great men of the aforesaid
kingdom of Scntlaud, the ^id ]ady queen Eli-
zabeth aficrwturds proclaimed, and caused war
to be made upon the said rebeb, as public ene-
mies to her kmgdoin of England, by Tho. earl
of Sussex, her majesty's lord lieutenant, and
lieutenant-general of the north, with a powerful
and strong army to oppose the enemy. Upon
which account, Charles earl of Westmoreland,
Anne, wife of Thomas earl oi Northumbtrland,
ltd. Norton, and Tho. Markenfield, fled from
the aforesaid kingdom of Scotland, and trans-
ported themselves to Antwerp in Brabant,
whore they resided. And there the same
Charles earl of Westmoreland, Anne %vife oft'
the said Tho. earl ni Nortliumberland, Kd,
Norton, and Tho. Markenfield, contrary to
their due alle^riancc, st:iid in manifest C(mtempt
of the said queen and her laws. Vet the afore-
said Thomas duke of Norfolk, not ignorant of
the premises, but well and truly knowing all
and singular the transactions in manner and
form aforesaid, the (Jlli day of August, in tlie
l'2lh year of the reign of the said queen Eliza-
beth, at Chart'-r-House aforesaid, in the county
of Middlesex aforesaid, and diver.-* oilier* davs
and places afore and after, faUly ond traitor-
ously took care, ui;d caused ti> be Mint, deliver-
ed and distributed, several sums of money, to
aid, assist, and support tho utuce^vd CV<^\V^%
963]
STATE TRIALS, l+Euz. \bl\.— Trial qf the Duke <f Norfolk, [964
earl of Westmoreland, and Anne wife of Tho.
earl of Northumberluud. — And further, That
the said Thomas duke of Norfolk, the 16th day
of July, in the 13th year of the reign of the
said Indv Elizabeth, queen of England, nt
Charter-i louse aforesaid, in the county of Mid-
dlesex aforesaid, and divers other xiavs and
places oforc and alter, fal&ly and traitorously
adhered to, aided and assisted James duke of
Cliastollcroy, cnii of Huntley, Mr. Harris, Mr.
HuDxe, Mr. Burlcioh, and Mr. Firmhcrst, pub-
lic enemies to our said lady Elizabeth^ then
queen of England. — And further, the Jurors
afoi*esaid, upon their oaths, present and say,
That whereas Pius Quintus, sometime bishop of
Rome, was and is known to be a deadly and
public enemy to our said lady queen Kli/.. and
Iter kingdom of Kn;j|and ; that the said Tho.
duke of Xoitolkwell and truly knowing and
understanding this, tlic 10th day oi March, in
the 15th year of tlic reiiin of the said lady
queen Eiiz. at Ch:irter*IIi>u.se ulbresaid, hi tho
county of Middlesex aforesaid, and divers
oihiT days an<i places afurc and after, with in-
teirtiun to produce the baid traitorous eH'ccts,
faUly, snlitilly, and traitorously consented, con-
sulted, advised, und procured one llohcrt Iti-
dolph, u forei;;n merchant beyond the sea>,
and out of the kinjidom of England, to send to
the aforesaid bishop of Rome, to Philip kin^;
of Spain, and to the duke of Alva, to obtain of
the aforesaid bishop of Rome certain sums of
money, towards the raining and maintaining of
an army to invade this kingdom of England,
and to make war in the said kingdom, against
the aforesaid ladv Elizabeth, queen of England,
&c. And that t)ie said king of Spain, by the
mediation of the said duke of Alva, did send
into tliis kingdom of England a certain army
of Germans to invade and make open and
cruel war against the said lady queen Eliza-
beth.— And also that the same Thomas duke of
Norfolk, the same 10th day of March, in tl)e
said 13th year of the reign of the said lady
queen Eliz. aforesaid, und divers other days
and places afore and after, at Charter-Iloust;
aforesaid, in the county of Middlesex ufore-
■aid, falsely, wickedlv, and traitorou^ly con-
spired, consentei), and agreed with tlie afore-
said lloberC Kidolph, to advance, stir up, and
raise within this kingdom -of England, all the
forces and power that he the o foresaid Thomas
duke of Norfolk und his confederates were by
any means capable of raising, or engaging
others to raise within this kingdom of Enghtnd,
to join with the aforesaid army, and with other
subjects of this kincdom of England, whom the
said duke of Norfolk could gather together and
join with the said army by the said king of !
(ipuin, in order to jnake open war against our
said lady queen Eli/:ibctli, within ihib her kiu:!-
dom of Enghiiid ; und to tak(> away and free
lUary, lute queen of ^^cots, out of the custody
and possession of our said lady Elizabeth queen
of England ; and at tiie same time to deprive,
depose, and eject the most illustrious and Chris-
tian princess 4ju«eu Elizabeth, from her royal
dignity, title, power, prehemiuence, and go-
vernment of this kingdom of England : and at
the same time, him the said Thomas duke of
Norfolk, to join himself in marriage with the
aforesaid Mary, late queen of Scots.
And further, the Jurors upon their oatlis pre-
sent and say. That the aforesaid Robert lU-
dolph had writ and composed three distinct
and separate Letters of credit, in the name of
the aforesaid Thomas duke of Norfolk, fur hiia
the said Robert Ridolph, in his false, wicked
and treasonous messages aforesaid ; viz. one of
tlio^e letters to tlie albresaid duke of Alva,
another to the aforesaid bishop of Rome, and
a third to the aforesaid Philip king of Spain.
That afterwards the same Thomas duke of
Norfolk fidsely and traiterously intending, wil-
ling, and desiring success and eflect from the
aforesaid false and traiterous messages, hv the
aforesaid Robert Ridolph, as appearctfi by
his sendmg one Wm. Baker gent, one of ilie
8er\-ants of the said Thomas duke of Norfolk,
the '^Oth day of March in the iStli year of the
reign of the queen, at Charter*House aforesaid,
in the county of Middlesex aforesaid, falsly and
traiterously sent to Ouerraw'e Despeiiii, enibas^
sador of the said Philip king of Spain, to de-
clare, shew, and aflinn to the aforesaid ambsis-
sador of the aforesaid Philip king of Spain,
that he the said Thomas duke of Norfolk had
atlirmed and would altirm the aforesaid creden-
tial letters to the aforesaid duke of Al\a, the
bishop of Rome, and Philip king of Spain com-
posed and writ in his name, were as valid to
all inti-'uts and purposes, tis if he the said Tho-
mas duke of Norfolk had writ them with his
own hand. — And further, the said Jurors upon
(lu>ir oaths present and say. That the aforesaid
Robert Ridulph, tlie 24th day of March, in XVft
13th year of the reign of the said lady Diz.
queen of England aforesaid, at l^over, in the
county of Kent, took his journey to several
parts beyond the seas, in onler to execute, per-
fect, and complete the said trensmiable mes-
sage.s, with the con<^ent and agreement of the
aforesaid Thomas duke of Norfolk. And af-
terwards the aforesaid Robert Ridolph con-
veyed, declared, and communicated the said
wicked and traiterous messages in foreign ooon-
tries and parts beyond the sen, ns well to tlie
aforesaid duke of Alva as to the aforesaid bi-
shop of Rome. And that the aforesaid Robert
Ridolph, amongst his many other false and
traiterous Messuages, conveyed one Leiter in
unusual characters called Cyphers,, which the
aforesaid duke of Alva caused to be writ and
sent to Tiiomas duke of NoH'olk; which very
letter, as declared to be writ and sent, he the
said duke of Norfolk, the llith'day of A|fril, in
tho loth year of the reign of tlie !>nid queen
Eli7. at'orrsaid, at C barter- House aforesaid, iu
the county of Middlesex aforesaid, falsely and
traiitrously remved und had; and theii aad
theiegnve and delirered to the aforesaid Wiu.
Raker his servant several written pages in
known letiers, commonly to be deciphefed :
and the said Pupetf in commou and Joiowii ci-
905]
STATE TRIALS, liEuz. \51\.-^ar High Treason:
[900
phen or cbartcters be tlie stiid duke afterwards
on tiie 25th day of April, in the 13tl) year of
the reign of the said ([ucea £liz. at Charter-
House aforesaid, iu the county of Middlesex
aloresaid, falsely aod traiteruu:)Iy rcceive<l, in-
spected, and read over the said papers, and
then and there falsely and traiterously retained
and kept them. By which letters of the said
Kobert Ridolph to him the said Thonnis duke
of Norfolk, amongst uihtT tliingn, are si^niticd
and be uiaLcs known what a kind audience and
reception he the said itobert met with from the
afore;iaid duke of Alva hi hi:i wicked and trai-
terous messages aforesaid. And that the said
duke of Alva required and willed the fiitnds
aod abettors of the said confederacy to be
ready, whensoever a foreign power should be
sent into this kingdom of England. — And fur-
thermore, the same Jurors iipoii^ their oaths
present and say, That the said Thomas duke of
Norfolk, the 16th dav of June, in the 13th year
of the reign of the said lady queen Klizabeth,
at Charter-Hou!»e afores;iiJ, in the county of
Middlesex aforesaid, fulscly and traiterously re-
ceived a Letter directed to him the said duke,
from I'ius Quintus bishop of Home ; by which
the said bi»hop of Rome promised to the said
duke of Nf>rfolk, aid, help, and assistances to-
wards executing tlie SHid wicked and traiterous
defigus of t)ie aforesaid Mai-y, late queen of
Scots, contrary to their due allegiance, and the
peace of our sovereign huly Elizabeth, now
queen of England, ber crown and dignity, and
in manifest contempt of the laws of this king-
dom, as well as the worst and most pernicious
example of all other delinquents in the like
case, and contrary to tlic form of several sta-
lutes iu tliiscase made and provided.*'
After the reading of the Indictment, the
clerk of the crown said to the duke : How
•aycst thou, Thomas duke of Norfolk, art thou
guilty of the«e Treasons whereof thou art in-
dicted, in manner and form us thou art thereof
indicted, Yea or No ?
Tliereupon the Duke began, and snid to this
effect : May it please your grace, and you the
rest of my lords liere, the hearing of this In-
dictment giveth mo occasion to enter into the
making of a suit, which 1 meant not to have
done before my coming hither : I hesecch you,
if the law will permit it, that I may liave coun-
sel allowed me for the answering of tJiis In-
dictment.
The Lord Chief Justice answered. That in
case of Iligb-Trcnson he cannot have counsel
allowed : aud that he was to answer V) his own
fiKt onlji which liimselt best knew, and might
witbout counsel sufficiently answer.
Duke, That you may uiiderstaiid that I
ipaak it pot without some ground, these be the
causes tkiat move me to nuike tlii^ suit : I was
lold befi^re I camo bere, that I was indicted
iipon tla9 Statute of the i^5ih of Kdw. 3. 1
have luid very sliort warning to provide to an-
tiver #o great a matter; I have n(a had 14
bim in . aU» both day tud night, and now I
neitlicr hear tlie same statute nllcdged, and yet
I am put at once to the whole herd of laws,
not knowing which particularity to answer unto.
The Indictment conLaineth sundry points and
matters to toueh me l.y rircnm^tance, and so
to draw mc into matter of TretiS'in, which are
not treasons themselves : tlurcforc with reve-
rence and huiulile submission I am led to think
I may have counsel.' And this I sh. w, that
you may think I move n«it lliis suit witiiour any
ground. 1 am lutntly hnndled, I have had
short warning, and no books ; neither Rook of
Statutes, nor so much :is the lireviate of Sta-
tutes. I :un brought to fight without a wea-
pon : yet I remember one case in law, I think
It is in the first year of king Henry 7. It is
the case of one Humphrey SudTorri, which was
indicted of Higli-Tre:ison, and had counsel
allowed him : if the precedent in his case be
such, as it may extend to me, I require it ai:
your hands, that I may have it allowed : I
shew you my gniuiid why 1 crave it, 1 refer
me to your opinions thertMU.
Then sir Jwihs Ih/^r, Lt>rd Cliief Justice of
the Common-jden.-, said : My Lord, That
case of Humphrey .Stafford in primo of Henry
7, was aUmt pleading of Sanctuary, for that
be was taken omI of sanctuary at Culneliam,
which beloiiL^ed to the abbot of Abingdon : so
the (|uestion v. .ib, whether he should be allowed
sanctuary in ih;it cast*, and with that form of
pleading, which was matter of law r In which
case he had ctmnsel, and not upon the point or
f;ict of High Treason ; but oily for the allow-
ance of sanctuary, and whether it might be al-
lowed, being claiinerl by prescription, and with-
out shewinu any fonner allowmires in Eyre
and such like matters ; but all our Books do
forbid allowing of counsel in the point of Trea-
son ; but only it is to be answered Guilty, or
Not Guilty.
Duke, Humphrey Stafford's Case was
High-Treason, and he bad counsel. I must
submit myself to your opini(»ns : i beseech you,
weigh what case 1 stand in. I stand here be-
fore you for my lifr, lands and goods, my chil-
dren and my posterity, and that which I esteem
most of all,* for my honesty ; I f<»rbcar to speak
of my honour. 1 am unlearned : if I nsk any
thing, and not in such worrls b'« I ought, I be-
seech you bear with me, and let nie have that
favour that tlie law allows me. If the law do
not allow mc counsel, 1 must submit me to
your opinions. 1 beseech you, consider of me ;
my blorHi will ask vengeance, if I ho uniustly
condemned : I honour your learnings :uid your
gravities : 1 beseech you, have consideratioli of
me, and grnot me what the law will pennit
me. I am now to make another suit to you,
my lords the Judiits: I hesecch you, tell mc,
if mv Indictment le perfect and sufficient in
law { md whether in w hole, or ia the parts,
and in which parts, that 1 may know to what I
should answer. .
Lord C:hief Justice Catlin. Tor the fuftinency
of your indictment, it hath hi en well debated
and coasidcred by us sAV \ miA v^^ ^!«^^ ^"^
967]
STATE TllIALS, HEliz. lbl\.— Trial cf the Duke qf Norfolk,
\m
with one assent, resolved, and so do certify
you, tliat if ilic causes in the indictment ex-
presi^c(l, be true in fact, the indictment is
whollv and in every part nufTicient.
Duke, he all the points Treasons ?
L. C. »f. Cailin. All be Treasons, if the
truth of the case be so in fuct.
Duke, I will tell you what moveth me to
ask you this: I have heard of the cave of the lord
Scroopc; it was in the time of Henry the 4th,
(the Judges said Henry the 5th) he confessed
the Indictment, and yet traversed that tiie
points thereof were no Treasons.
L. C. J. Catlin. My lord, he had hi*> Juilg-
ment for Treason upon that Indictment, and
was CKCCUled.
Then the Clerk of the Crown said again,
IIow sayest thou, Thomas duke of Norfolk, art
Ihou guilty of the Trca&ons whereof thou art
here indicted, in manner and foiin as thou art
indicted, Yea, or No ? The Duke answered,
Not Guilty. The Clerk said, By whom wilt
thou be tiied ? The Duke said, By God and
my Peers.
Then the Duke spake to the lords, and said
thus : Now I am not to utc a short speech,
which I meant before to have ue-cd, but that
the readinv of tiic Indictment hath driveti me
to other o«ccasions. Although these heinous
Treasons and outrageous faults ohjected against
me, do much abash me : yet I conceive no
amull comfort, to think under how gracious a
queen and sovereign lady I live, which well ap-
j)eareth by her nK>st gracious proceeding: with
xne according to the course of law. Her ma-
jesty seeketh not my blnod, but giveth me the
Trial which the law*, admit, and in the mo-t
favfiurablc manner that I can require; for
whirl. I am most bounden i«) l.er majesty.
Noiv i am 10 make two suits: the one to your
grace, my I^ird Ili-h Stiiward, 'I'hat as your
place requiretli to iio jiittice, so it may plesi^o
you to cMend to me your lawful favour, that 1
may have ju^ti^e, and that 1 may not be over-
laid in Sipeech* s : my memory was never good,
it is now much worse than it* was ; sore trem-
bles, sore cares, closeness in prison, e\il ro»i,
have much decayed my memory: so as I pray
God, tiiat this day it lail mr not, and another
time I will forgive it : I beseech this of you, my
lord high steward, 'i'he second request, I
thought to make to yon, my lords, my peers : 1
think my-elf happy to have my Trj:\l in such
II company. A much greater matter, iff rould
have greater, I durst put it into your hands,
and (a very few exc'tptcd) even into every o: e
ofyoar hands sipjrly ; that opinion I have of
you. I know religion heareth a stroke among
you, which, I hope, ^o ruleth your consciences,
that for no rtspect you will swerve from jus-
tice ; you will nut bring a worm into your own
consciences; you will not burden your souU
with coudemnmg me wrongfully ; you will not
do what God*a law and right idloweth not.
This Above all things comforteth me, next unii
her inaietty's most gracious lavour of my law-
ful tritL If I iwd not niide » full Mcouni to
have this for the way of my lawful purgation, I
needed not to have been here at this time, nei-
ther for matters passed two years ago, nor for
that whereof I am charged at this present. I
have chosen, my peers, I have chosen rather
to come here to be tried by you, than with
needless and cowardly running away, to hare
left a gap open for my enemies slanderously to
lay to my charge in my absence what they
could maliciously invent. I have this day
(though 1 am sorry for any cause to come in
this case before vou) even the day that I could
wish to be tried by such peers. I will not
enter into particuUirities, and discourse my
' whole cause at I'lrge, but answer from point
to point, as I shall be charged ; for my me-
mory w as never good, and it is now worae than
ever it was. Yet one request more I beseech
of you, my peers, which I with ft« vour may ask,
and you with justice may grant ; unhappy man
that! am, though I have to this Indictment
pleaded Not Guilty of tne Treasons therein ob-
jected against me, nor of no Treasons ; yet I
confess, as I have with all humility, and with
tears confessed, and as some of vou, my lords,
here present can witness, that I liave neglected
my duty to the queen's most excellent majesty,
in cases inferior to treason, and that be no
parts of treason : I have laid them at her ma-
jesty's feet, and poured them forth before her
in Confchsion, so far as my conscience will
sulVer me to declare. Let, I lH.»seech you, nei-
ther my Confession already made of inferior
faults, that he not in compaNS of trca^^on ; nor,
if I shall now in mine Answers confess them
again, if they be objected against me ; lead
vol! to judjie the worse of me in the greater
case. Ltt each fault liave his own pine; I
beseech yi»o, ri*meinber the dilferences and
degrees oVotVencts, and not to nnx my smaller
faults with this great c.iuse : let these mean
rrimcs rr-jt at her majesty's feet, where I with
all humility have laid them. Thus I beseech
vou nil, have consideration of me.
riicii <pake the (iueen's Serjeant, Mr. Barr'
/if I in, and said to this eflfect. It bath appeared
to vour ;:rncc and your lordships all, that the
dute of Norfolk is by this Indictment charged
A-ith three principal points ot High Treason :
the first i«. That forget ring his allegiance and
duty to his sovereign lidy the queen, he hath
traiteronsly imagined, deviled and practised,
to di prive and depose the queen's majesty of
and tirom the crown of this nalm, and her royal
ktile, name and dignity, and to bring her to
fh.uth and destruction ; and so to alter the
« hole state of government of thin realm. The
•second point is. That he hath traiterously re-
lieved and cnmf«>rted the English rebels that
levied war agninst her majesty within her
realm, and which since tied into Scotland, and
fnmi thence beyond rhe sea. The third point
is, That he hath traiterously eiven relief and
maintenance to the duke of CliBtrclleroy. the
earl of Huntley, the lord Harris, the lord Hmne,
and other Scots, the queen's maJMty*t pabUc
enemies, succouren sod detaioen of iht mid
M91
STATE TRIALS, l4Euz. 1 5T I. --for High Treason.
[070
rebels. To prove these great Treasons, there j
is in this Indictment set forth unto you good '
and sufficient matter ; first, to prove that the
duke of Norfolk sought, imagined, compassed
and practised to deprive and depose the c^een's
majesty of her royal crown, estate and dignity ;
and consequently to bring her to death and de-
stmction, are alledged two matters : the first
by That the duke kno%^ng tlie Scotish queen
falsely and unjustly to claim and pretend title,
to have and enjoy the present posscs^uon of the
crown of England; and that she untruly
usurped the name and stile of this realm ; and
that she gave and quartered the anns of Eng-
land without difference; and that she continu^
in that fact, and usurped claim without renun-
datioQ thereof^and without acknowledging lier
error unto the queen's majesty, though she
hath been thereto required : He, I say, know-
ing all this, yet without the queen*s maj.'s assent
against her majesty's special and express com-
mandment upon liis allegiance, and against his
own promise and protestation upon his faith,
bath nevertheless secretly sought and practised
to join himself with the said Scottish queen in
Marriaee, and to advance and maintain her
said fabe and pretended title to the present
possession of the crown of this realm ; which
cannot be without purpose to depose and de-
prive the queen*s majesty, and consequently
to bring her to death and destruction. The
second is, that the duke of Norfolk hath con-
spired and practised to procure strangers to
enter into this realm, and invade the same,
and to make open war against her majesty,
within her own realm ; and so forcibly to work
her deposing, deprivation, death and destruc-
tion, liereupon the said duke hath pleaded
Not Guilty, and for his trial hath put himself
upon his peers ; yuurs therefore is the trial.
And now for Evidence to prove him guilty of
the treasons contained in the said Indictment,
it may please your lordships to hear such a
matter as I shall for the queen bring forth
against him.
Duke. I am occasioned, by the speech of
Mr. Serjeant, to gather what I shall find in the
rest of them ; a meaning with circumstance to
draw me into treason, with eloquence to over-
lay me, and to exasperate matters extremely
against me, and to enforce things that be not
treasons indeed. I beseech you, my masters,
ibr God's sake do your duty, remember equity,
consider conscience, and what I am : I am no
stranger, I am a Christian man, and an English
nan. You may do your duties to the queen
sulficiently, and yet deal coriscionably with me,
and heap not, unconscionably, circumstances to
cloy my memory. Go directly to the Indictment,
it it no praise nor glory for you to overlay me.
I am unlearned, unable to speak, and worst
of all to speak for myself; I have neither
good octcraoce, as the world wtll knoweth,
not undentanding : for God's take do not
vwmBtf me with superfluous matter. One thing
I iMd forgotten : 1 knew a man suspected is
Mf coodtouied. Now as it happened in my
last trouble, so at this time there wont not
to put abroad to the world, and heap up things
which I never thought ; a great number of
such there be, as I see many here at this pre-
sent. They have published, that I took an
oath of things ^-hich afterwards proved con-
trary ; blame me not that I mistrust the worst,
because I have found the worst. But to take
away scruple from you, true it is, that I took an
oath, but nut generally, but to special points.
And now when I take an oath to points, to
draw me to the whole, and to take pars pro
totOy'n great injury. To prove tliat I took
that oath to parts, and not to the, whole, I
refused to« set my hand without expressing of
the point ; fur my hand, my oath, and my
heart shall go all together. And for further
froof that my oath was but to special points,
can name good witnesses to whom I did pre*
sently, within three hours after my oath taken,
specially report the three points that I made
mine oath unto. Tliis, I say, to take from you
the scruple of such matter as I have bneen
charged with, and which perhaps you have
heard of me to my discredit.
Then said Mr. Serjeant Barrham^ I have yet
given no Evidence, and for that Oath you are
not once yefchar^ed withal. I have done no-
thing yet but recited the matter contained in
the Indictment; now will I bring forth matter
for the queen in Evidence, and will prove the
things in the Indictment to be true. There
are alledged three great Treasons, as I have
before said ; the first only I will deal with, that
is, to prove that the duke of Norfolk imagined,
compassed and conspured, to deprive and do-
pose the queen*8 majesty, our sovereign lady,
of her crown and royal estate and dignity : and
I will use the second matter but for induce-
ment of the first, by shewing how the Scotish
queen falsely and unjustly claimed the present
possession of the crown of this realm ; and that
he knowing that the Scotish queen so unjustly
clahned tlie said crown, that she quartered the
arms of England, that she usurped the style
and royal name; thatshe'hath not-acknowledged
her error, nor renounced her untrue and unjust
claim and usurpation, though she hath been
requh-cd thereunto; and whereto himself hath
been privy and hath dealt in treaty, as a chief
commissioner for the quest's majesty for that
Kurposc : this matter, I say, I will set out ; how
e knowing all this, yet without tlie assacit of
the queen's majesty, against her highnesses
express commandment upon his allegiance,
against his own feith and promise to tlie con-
trary, practised to join liimself in Marriage with
the said queen of Scots: and i mean to join
thereto an intent of his, to advance and main-
tain that unjust title of the Scotish queen. If
tlien this attempting to join himself in mar-
riage with tlie Scotish queen shall be proved
unto you, and that he knew of her unjust claim
and pretence of title, and that thereby he
joinecl liiinself to advance and maintain the
said titif , this must nee«Is tend to a purpose
and imagining to depose sAd dn^iv^^ ^^
971]
STATE TRIALS, UElii. I57h— Trial qf the Duke qfN0ifM,
[»7«
queen's majesty, and thereupon consequently
to brine her to death and destruction, which is
High Treason within the conipuss oftne statute
of 25 of king £dw. 3. For whoso shuU imagine
and go alxjut to maintain a title to the present
possession of the queen's crown, and to join
liiiusclf in marriage with her that so clainieth,
without doubt he meaneth to aspire to the
cro^vn himself; anil ho meaning, it plainly fol-
loweth, that he cannot suffer her niajt.sty to
rei^n, and his jealousy cannot sulVer her to live
where he dcsireth to reign. — Now will I show
you the manner of his procuring to match him-
i^elf in marriage with the Scotish qiiccn, and
Hrst the beginning thereof: first of all, to prove
how secretly he dealt to tluit end, by suits and
means, before he was a commissioner, to ex-
amine causes between the Scotish queen, and
the voung king her son, and other tlie lords of
Scotland. Before that time there were secret
suits and practices between them by motions,
by messages, by letters and tokens, and pleaded
so far forth, as that tlie Scotish queen took it,
that she was assured of his good-will. For
when commission was directed to him, and to
the earl of Sussex, and to sir Ralph Sadler,
counsellors of the dutchy of Lancaster, the
Scotish queen Imd reposed full utHance in the
duke of Nortblk, to have at his hands favour-
able hearing; and so slic reported, and so in-
deed it followed. Anrl where you speak of an
Oath, and seem so loth to be disproved, and
would so feigo have it taken, that your uadi,
hand, and heart go all together ; there was an
oath specially appointed for the commissioners,
tiiat toey should deal in tliat matter between
the Scotish queen and her son and nobility,
directly, sincerely, and uprightly, and to weigh
all things that should be ttbjcL'ied or answered
on either part indifferently witliout all p:irtiality.
Then after this oath taken, the duke Uing the
first named cominisoioner, this oath notwith-
standing, dealt indirectly, deceived the ([ueen's
majesty's trust, and demeaned him partLdly
against his said oath, wherein he committed
wdful perjury : be^«ides tliat, \\itliout regard of
his oath of a swuru counsellor to the queen's
miyesty of her privy council, he disclosed her
majesty's secrets, and fell to practising for
matching himself with the Scoti>h queen in
marriage, ^ow shall I prove liis knowledge at
the same time, that ilie Scotish queen pretend-
ed title to the present posse^sion of the crown
of this realm.
Duke. Then the duke asked, if all tlie trea-
sons contained in his IndictmiiU were upon
the statute of king Eilw. 3, and it was answered
by Mr. Serjeant and Mr, Attorney' General,
that they were grounded upon tlie same statute
only. Then the duke began thus: Here the
matters that Mr. Serjeant hath proved against
me stand in two points; by nhirli he diaigeth
me with iniaginiug the deprivatioe tuid deatli
of the queen's mujebty, and with iudirect and
uotruo dealing in the Scotish queen's cause ;
and therdu he bnrdeneth me with |>erjury.
The Scotish cauM hath diveri plea»» aud thcrt-
fore bear with me, I pray you, if I cast back
i^in to rchcanc my doing therein, for my
nieinory is not good : as for my deaUng cbereioy
God is my witness, tlint I have done uprightly.
Serj. Then Mr. Serjeant urged him to cuu-
fess if he had knowledge that the Scotish queen
pretended Title to the present possession of
the crown of England ; offering, if the duke
would deny it, to make proof of it.
Duke, 1 will make mine owo Confession ; I
])ray you to teach me not how to answer or
confess, because it is the first ground that you
build upon nguinst me : and because I know
not whether niy peers do all know it or no, I
will make a short Declaration of my doings in
that matter with the Scotish queen.
Scrj, First we pray your grace (speaking to
tlie Lord High Steward) that he may dir<^y
answer, whether he knew that the Scotish
queen so claimed or no ; if be say no, we will
prove it.
Duhe. Then Iteing ruled over by the lord
higii steward, that he should answer directly to
that question, he nnswered, *TbBt indeed he
knew that slic had so claimed but with circuoH
stance.
Serj, Say plainly, Did you know it or no ?
for if you say nay, we can prove it.
Duke, You handle me hardly, you would so
trap me by circumstance ond infer upon me
that she was the queen's enemy, and so make
me a traitor. I will answer directly to the
whole matter of my dealing with her.
Sctj. Answer to the parts as they fall out.
Did you know that she daimed the proient pos-
session of the cnmn? That she usurped the
arms and royal style of this realm ? and that
she made uo renunciation of that usurped pre-
tence ? If you say you knew it not, we will
prove <?very part of it.
Duke, I did not know it in such sort as is
alleged ; I know that renunciation of that
claim was olVcrcd, and upon certain causes re-
spited.
Serj, It is well known, and yourself then
knew it. That the Scotish queen claimed tite
present possession of the crown of Fjiglaod,
quartered tl^e arms of England with the arms
of Scotland, and usurped the style of this
realm ; aud that there was a French power
sent to prosecute it by invading this land by the
way of Scotland : your self was made the
queen's majesty's lieutenant, and levied an army
to expulse theiu. Allerward the queen's ma-
jesty sent her embassadors, which met with the
French lords and Scotish queen's comniissiouers
at Edinburgh, and agrc^ upon a treaty of
peace; in which one special Article was, (hat
the Scotish queen slioukl acknowledge her error,
and should renounce lier pretended Claim to
the present possession of the cntwn of this
realm. It was not doue, nor yet is dooe. My
lord of Norfolk was at this treaty ; and whaa
this last commisaioB wcat out, when- the con-
missiouers sat at York about the matter be*
tweeii tike Scotish queen, her soo,. and the no-
bihty of Scotliuid,, w hum vete
973]
STATE TRIALS, liEuz. ISTL-^Jbr HighT\xa»an.
[974
Cbe duke of Norlblky tke earl of Sussex^ find
Mr. ChMicelior of the Dutchy; one special
Instruction was for the Scotisli (]uecn*8 Uccog-
iiicion of her unjust daiio, and to require that
ahe sliould ratity the former treaty of peace.
The duke knu^eth well it was uot done.
Dukei What is this to me ? I need not en-
ter to defend her doings, 1 like tlviui not. It is
not my caw, but tliat yon make it my case;
else I would not meddle \% ith it, answer it who
would for me. Indeed I have heard, that be-
ing coven-baron then, married to tlie French
king, in her husband's life she made claim to
the crown of England, and quartered the arms
of England with the urmfi of Scotland. 1 liave
beard also. That sir Nich. Throckmorton made
comphuot thereof, and moved for redress, and
thereupon it was laid duwn. I have heard
that she hath been rec^ucstcd to make re-
Dunciation of that Clami when the peace
was concluded, when Montmorency qmie
orer, and time was taken for it. Af^er this
there grew amity between the queen's majesty
ftod the Scotish queen ; the queen took her for
her friend, sent embassadors unto her, and
christened her child ; all this excluded enmity.
And when roy lord of Bedford was there, aiid
moved lier for ratifying of the Treaty, and fur
the nenonciation, she refused not ; but said,
^he would send to shew causes why she did it
not presently. And then it was refused not
absolutely, but upon certain words, and the
treating Uiereof committed to my lord Burleigh
and JVJr. Wotton. As for our commission at
York, it took no end ; the matter was brought
up hither, and licrc was sat upon at Westmin-
ster in the PurliamentrChamber. And this is
my understanding, that she claimed the crown,
and i have not otherwise known it.
Serf. Thus have you confessed far enough,
That you knew tliat she did pretend title to the
present possession of the crown ; that she quai^
tered the arms, and usurped the royal btile of
this realm.
Duke. It was in her husband's time, when
she was covert-baron.
Sety. You knew also how since her liusband'b
time, she halh not renounced that claim ; and
you had, in special, instruction in require it
when you were commissioner.
Duke. A full renunciation was oHered when
tlie lord Burleigh was with lier, und our com-
mission was ended, and the matter brought up
liither.
Serj. But what was the cause why it took
no end by your commission ; Youpielf was the
cause that the commi^ion broke up ; because
you dealt indirectly; you set out your own
affection and partiality, and behrtvetl yourself
partially, without regard to tlit.* queen's ma-
jesty's special commandment, without rct;ard
of your oath, then specially takon ior that com-
mission, or of your oath as a cminsellor : you
■Ctervd your pardaHty, you disclosed to the ot htr
■He afbreband the queen's secrets : you de\ iscd
wkh die one tide, and gave them couu-el how
to deal for stay of the niaiter: you did pre-
varicate the queen's intention : and when you
were by your commission to examine the Scotish
queen's adulteries, and her murdering of her
husband, you practised with those that were
dealers tor the Scotish rfjeen, and yon told
tliem, by way of advice. That if these matters
went forwards to hearing, the carl Murray, and
his side, would disclose all the foul matter that
they could, both by her letters and otlier evi-
dences, to her dishonour ; and that the queen's
majesty had some such counselors about her,
as if these things were once produced, she
would cause them to be publishet, that all
foreign princes should understand tliem, to the
Scotish queen's gn'at infamy, and to move
foreign pi inccs, to proceed no further suing for
her. And this was the cause of the breach and
dissolution of your comuiission.
Duke. You said you would prove that I
knew of the Scotish queen's claiming the pre-
sent possession of the cro>vn.
Serj. Yourself have confessed it; for you
know there was yet no renunciation made, and
you were spccinl commissioner for that purpose:
and tiMiugh your commission took no effect,
yet by that, that the requiring of the renuncia-
tion was matter of your instructions, and the
same not done, it is plain that you knew suf-
ficiently of her former unjust claiming of the
present possession <jf the crown : And now will
we by good evidence prove your partial and in-
direct dealing in that commission. Here 1
will produce matter of your own conference at
York with J^dington and the bishop of Iloss,
and how yourself told them, that you under-
stood at Lyth, that rif*orous matter would be
set out by the earl Murray and the rest of that
side, against the Scoti>li queen, touching her
whoredom and the nmnler of her husband.
You gave advice to stay the earl of Murray,
from so doing : you told the Scotish queen's
ministers, how the queen of England h:id some
counsellors that could cause her to publish all
those matters to the Scotish queen's infamy ;
you practised with them to de\ ise to quality
the matter: you told the way thatym thought
be^t to do it; y'>u advised tiiem to deal with
the carl of Murrav, that the matter might l»e
compounded, or clnc s(» to handle it, that it
mis!lit take n(» end.
Dufn'. llvTC tlif duke took advantage of
that Mr. Scrjt'iiiit had said, Tliat the duke
understood at IaiIi: for the (hike then pro-
te>tid, that at that tinir- he had never iK^eii at
Lyth. W herc(i|H)n the lord Burleit^h disMjlved
that knot, and »uidoii the duke's behaiCto Mr.
Serjeant :
Kurififth. Y(»u were best procee<l with your
evidence: voii may niistnke: my l(»rd Norfolk
had not tlu.n been at Lvth, otherwise than he
and I were tliere once ^fcietly in a mormng.
The caubC of ihir* error ro^n thus: In one
S(,otisli Taper prodtired for that matter, was
contained, ln}\.' the duke under-stood at l.i/fh,
which in Scotch i< as nnirh ns ut length;
whirli Mr. Serjeant, in pemsing the matift^
for Evidence dtUvev«duxiVolvvw\^x<i^^w v;^^
975] STATE TRIALS, U Eliz. l5'7l.-^Trialqf the Duke ^N^^fiM, [976
as the clerk of the crown also afterwards did in
reading the same paper. Then was produced
an £xaiiiinadou of the bishop of Ross, taken
ftt the Tower, Nov. 6, 1571, as foUoweth:
The Scotish queen told the bishop of Ross,
that tlic conference at York was to make the
earl of Murrav, and other her disobedient sub-
jects, to answer before the queen *s majesty of
England's commissioners, for their unnatural
and unjust proceedings against her ; and4hat
after their offences acknowledged for the (}ueen
of England^ pleasure, they should be remitied,
and cepcived mto favour again, and so all mat-
ters compounded.
The Bishop's Answer to tlus was, That he
was sorry she bad agreed to any conference
wherein they should be accused ; for he was
assured in that case, they would utter all that
they could for their defences, although it were
for her dishonour, and of the whole realm: for
they would be loth to confess openly that they
were evil subjects, and she a good princess ;
and therefore h^ wished that the matter might
be treated by way of concord, before any entry
to accusations : and to that end be counselled
her to travel with her friends at court to York.
To tills she replied, that there was no such
danger in the matter as I supposed; for she
trusted I would find the judges favourable,
principally the duke of Norfolk, who was first
m commission; and doubted not hut the earl
of Sussex would be ruled by him as his tender
friend, and sir Ralph Saiiler would not gaiu-
»tand their advice ; and that Liggons hnd been
at Bolton, by whose message, told by him to
the lord Scroope, he understood of the duke's
good will towards her, aod'the bruite was also
spread abroad of a marriage between the duko
and her ; and besides, that slic had many good
friends in the country that did favour her, and
seek to her, such as the earl of Northumber-
land and hi!) lady, by whom she had many
intelligences and messages; the Nortons,
Markenficld and others, who would all be with
the duke at York, tmd would persuade him to
favour her case. In the mean time, before our
passage to York, Ri/bert Melvin c;une to Bul-
toii with letters, sent by Ledington from Fauty
Casile to the queen my mistress, to advertise
her, tliat the earl of Murray was wholly bent
to utter all that he could atrainst her, and to
that clFect hud carried with him all the letters
which he had to produce against her, for proof
of tlie murder, whereof he had recovered the
copies, and had caused his wife to write them,
which he sent to the queen ; and tliat he had
not come into England in the earl of Murrny's
company, unless it had been to do her service,
and to travel for mitigation of those ri^^rs in-
tended ; desiring to be certified by Robert
AJelvin, that she wished to stay those rigorous
accusations : and liecause he was well acquaint-
ed with the duke of Norfolk, desired him to
travel with the duko in his favour, and that he
would confer with the bishop of Ross, by whom
lie should underataud his whole mind particu-
larly from time to tiaie. After thii| Robert
Melvin at York did brioe me to LedingUm't
lodging, where we talked aunost a whole night;
where he told, Tliat he had conferred with the
duke, who seemed to bear great good-will to
the queen my mistzessy and had wdled him to
counsel the earl of Murray, and others, to ab-
stain from uttering any dishonest matter a^nit
the qoeen, but to grant to some compositions
amongst themselves : so that Ledineton said,
it appeared to him, that the duke bad some in-
tention to marry with the queen, as the bruite
was ; and tiiat he did verily believe, that if it
were followed, the marriage would take efiect,
which would be most of all other things for tlte
queen's honour and weal : and willed me to
speak with the duke secretly alone, without the
commissioners, and Ledington shoujd advertise
the duke to appoint the time convenient, as he
did one Aay m the morning by seven of the
clock, befor^ the meeting of the commissionen.
1 talked with the duke alone in a guller\-,
where* he uttered to me. That he bore good
will to the queen my mistress, and that he had
talked with the earl Murray at lengthy (h) and
had seen the Letters which they had to prodoce
against the queen my mistress, and other De-
fences, whereby tliere would such matter be
proved against her, tliat would dishonour her
ti;rever; and if it were once published, the
queen *s inujesty of England' woiud get counsel
•hy such as loved not the queen my inbtress, to
publish the same to the world, and to send em-
bassadors to all otlicr princes, to make the same
known to tliem ; so that they would make no
further suit for her delivery, and perhaps
greater rigour might ensue to lier pereon :
Therefore he advised me to confer with Lediiie-
ton ; and that betwixt him and me, we might
find some means to stay the rigour intended ;
and promised all that he could do to that effect,
by Ledington*s advertisement, he would do.
I replyed, that Ledington would have her tu
ratify the dimission made at Lochlevin for a
time, for he had assured her it could hurt Iter
no more, being kept prisoner in England, than
that which was done in Lochlevin : for so
should she stay the uttering oi any matter
against her, and witliin six months she sliould
be restored to her country with honour ; and
so might revoke a]l done by her.
To tliis the Duke : Wliat if that were done
to be quit of the present infamy and slander,
and let him work out the rest ^ I told him, we
were come to that conference for to make an
agreement, and not to answer to accusations :
and therefore wished him to further the agree*
ment amongst us. He answered. That their
commission was only to hear the diilerences
amr>ntj^i u» ; and if I would propound any
thinv, lie would like well of it, and should ad-
vertise the queen's mnje;>ty, his mistress, there-
of, and get her answer. In this conference,
the (Juke did oftentimes insinuate the good will
tluit he did bear to the queen my mistress, but
(6) This was written in Sootbb^ Ljfihi
wluch occasioned the error bt iure.
977]
STATE TRIALS, T4fELit. 1571.— /or /J%A Treason.
[97S
spoke nothing to me particularly of the M ar^
nage at that time ; hut referred all to Lcding-
toii. Upon this I did confer with Ledin^on
divers times, by wIio*>e advice I rode to Bolton,
to speak with my mistress, in the time of itiy
conference; and during my remaining there,
the conference was broken up, and the whole
commissioners for our part, came to B(jlton.
And so my lord Harris and I %%ere sent to
London. In the mean time, Robert Melvin
came to Bolton to the queen, wicli messngcs of
Ledington*s, of such conference as he liaci with
the duke at the hunting in the Fields, where I
believe Ledington liid well encourage the duke
to attempt the Marriage, as he told me after-
wards; declaring her properties and the ho-
nour and commodities that might ensue to
theiB both thereby; and that the duke did
give good ear thereto, wishing to the queen to
follow that course. In the mean time, the
duke had Liggons, and others, going between
them and the lady Scroope, who did entertain
tlie matter l>etwixt them. After this, the duke
coming to Hampton-Court, Ledington made
the mean with the duke, to cau!ie him to send
Liggons to deal with me upon this behalf, and
to give me some favourable advertisement of
the weal for our cause, and likewise the duke
caused the lord Lumley sometimes to speak
with mc, to advise me what was best to be
ttone, and especially wlien the Spanish ambas-
dor bad spoken to me of the Marriage of oqe
of tlie House of Austria ; the duke, by my lord
Lumley, counselled me to open the matter to
Ihe queen's majesty, by my lord of J\rundcl,
which might be an occasion to move her tn
hke better of the match with liim, than with
any foreigner. And then he sent mc word by
Liggons, tliat the queen's rnnjcsty was informed
of such a like hniite, of his Marriiige with the
queen of Scots ; but he had satisfied her well
enough, and so still did follow the matter,
and did treat thereupon with the earl of Mur-
ray and Ledington at Hampton-Court: by
whose advice Robert Melvin was sent to the
queen, my mistress, at Rippon, to move the
matter upon the earl of Murray's behalf, with
a full detenni nation, that the earl of Murray
♦iked of it : which message I heard aflerwards
chut Murray allcdged he did send it, for fear
of some enterprise against him at Northaller-
ton, in his return to Scotland. And so after
this iiiiuiner the matter had been entertained
betwixt the queen and the duke from time to
time, as is at length declared in the former Ex-
aminations.
Serf, The effect of all, is the Duke*s partial
and untrue dealing; for that before the bishop
of Rosa' going to York, the Scotish (^ue(Mi de-
clared to the bishop of Ross, that she donbtrd
not of the favour of the duke of Norfolk: for
•he told him that my lady Scroope had by mo-
tioof .and means assured her of his good will,
and she doubted not of my lord of Sussex s, for
the great friendship and tender love he bare to
(he duke; and she made accotmt that Mr.
Sedler would be friendly, fur that he oloiie
would not stand to them both. It apT>eareth
also, for further proof of his partial dealings
that though he was sworn, both as a counsellor to
the queen's majesty, and also specially for (he
matter of tliis commission ; yet he indirectly^
secretly, af\^ underhand, dealt with Ledington^
and told him, how tliat the earl of Murray and
his side intended to utter sharp matter against
the Scotish queen. The duke gave his ,advii*e
4iow to stay it, and so dealt partiall)^ and
against the queen's majesty's special tru?t and
commandment, and against his own Oath and
Promise. Next after that, in conference had
with the duke of Norfolk on the Scotish queen's
part, the duke declarci his good will' that lie
bare to the Scotish queen: he shewed how%
that if the same matter of Evideucc against
her, were once uttered by the earl of Murray,
some of the queen's counbellors of England
would procure her majef«ty to publish them.
He advised that the mutter should be com-
pounded vkith the earl of Murray ; and that he
should not stick, being here in England, and
not at her own liberty, for the'present time, to
be content to ratify the dimission of the crown
of Scotland, which she made at Lochlevin; and
so she might be restored in to her own country and
then slie might undo all again at her pleasure:
and upon pretence of constraint and fear, as
well revoke that which she should in England, as
she before revoked that which she had done at
Lochlevin in Scotland. Also the duke at that
time was privy to the device, that Ledington ac-
companied the earl Murray only to understand
h'\s secrets, and to betray him ; and that Le-
dington stole away the Letters, and kept litem
one night, and caused bis wife to write them
out. Howheit, the same uere but Copies trans-
lated out of French into Scotch ; which, wheu
Ledington'^ wife had written out, he caused
theni to be sent to the Scotish queen : she la-
boured to translate them again into French, as
near as she could to the originals wherein she
wrote them ; but timt was not possible to do,
but there was some variance m the phrase ;
by which variance, as God would, the subtlety
of that practice came to light.
Duke. What if all this be true? Whatis
this to the matter ? Any dealing of mine with
the Scotish queen by my sifter Scroope's nieans,
I utterly deny. As for Ledington, and the bi-
shop of Ross, what their SpcHH'hes were to mc,
I care not ; 1 am to answer but for mine owu
Speeches.
Serj. The bishop of Ross accuseth you of
your own speeches, and this he uoth, being
examined freely, and without any compulsion.
Duke, He is a Sa>t.
Serf. A Scot is a Chri:itian man.
Duke. At my bcioj; at York in commission,
Ledington broke with me himself to have tiie
matter compoundc<l beiwcen the Scotish queen
and rhe earl of Murrav. 1 told him that our
commission was only to hear indiirerently what
should be alli.i!;rd on both parts, and thereof
truly to make report. What hurt is this? TUm
bishop of Koss aucrwarda scut Cva vcw^^^Boak^
3 R ^
979]
STATE TRIALS, 1 4 Eliz. 1 57 1 .--Trial </ the Duke qf Norfolk,
im
ini(»ht i>peak with me : when i»e met, he moved
me tor the compounding of the matter, as
Ledinf;toa hud done. I told him, that our
commission was but to hear and report, As I
bad toid I^dington before; and therefore if
they would fall to compoimding, 1 willed them
to devise the means tlicmselvcs, and to make
oflfcr'a; and thereupon we would advertise the
queen's majesty theieof, as we would of all the
matters alleged. If it he otherwise, and as you
•ay, let my letters be looked on, and see if they
contain any such matter. If the bishop of
Rops, for fear or for malice, have said untruly;
if being a Scot, he care not how many English
men, by his false testimony, he bring to de-
struction; I beseech you let not that hurt ine.
iScr;. Vou made the tirst motion of com-
pounding the matter to Ledington yuurself;
"tand another time to the bishop of lloss, you
offered to further it all that you could.
Duke, 1 never saw the bishop of Ross be-
fore I came to York ; and would I, think you,
deal so dantierousiy with a Scot that 1 never
saw before? Also, i did by my letters signify lo
. the queen's mpjpsty onr proceeding, and my
mislilviug of the Scotish queen's part : let that
letter be seen ; which letter was writtun after
my talk with Ledington. I wrote it when I
went from York, and I never saw the bishop of
Ross aftcnvard, till 1 came to London.
Setj. The writing of your letters to the
queen's majesty, wherein you advertised against
the Scotish qnc^cn, and though the same were
written after your conference with Ledington
, iind the bishop of Koss, is no proof but that
you dealt partially for the Scotish queen ; for
those letters were written by others, as well as
yourself, namely, by my lord of Sussex, and
Mr. (Chancellor of the duchy : and you could
not otherwise do, but to signify, notwitlistand-
ing your partial secret dealing; for else you
should have too openly bewrayed your in-
tention.
Duke. When I^edington moved me of the
Marriage of the Scotish queen, I utterly re-
fused it.
Serj. That is not so : and for proof, as well
of your partial deahng in the Commission as
for tlie Marriage, there shall be brought forth
•ufiicicnt Evidence.
Here was alleged how a Letter had been
written to the earl of Murray, requiring to be
advertised by him of so much as he knew con-
cerning the Doings of the duke of Norfolk,
both for the matter of the Commission, and
the practice of his ^Marriage \^ith the Scotish
queen : and the earl Murray's Answer to the
fftine (.elter was produced, and icad, as fol-
io wet h :
Note, That the beginning and ending of this
Letter was not lead ; but so niucii only as
pertained to the matter, viz. :
^ lo York, at the meeting of all the Com-
jnlssioners, I fi)und \cry honourable and neu-
tral dealing with tlic duke and others her high-
«ets's coomuflsioziers, in the beginning of the
cause, as in the making of the Oaths to pro-
ceed sincerely, &c. During which time, I only
entered into general speech, sticking at our
just defence in the matters that were objected
against us by the said queen's commissioners;
looking certainly for none other thing hut a
summary cognition in the causes of controversy,
with a small declaratoi['y to have followed.
Upon a certain day, the lord Ledington*s secre-
tary rid v^ith the duke tcj Cawood; whatpur^
pose they held, I cannot say : but that night,
Ledington returning, and entering in conference
with me upon the state of our action, I was
advised by him to pass to the duke, and to
require familiar conference; by the which I
might have some feeling to what issue our
matters would tend. According to which ad-
vice, having gotten time and place convenient
in the gallery of the house where the duke was
lodged; after renewing of our first acquaintance
made at Berwick, the time before the hie^e of
Lyth, and some speeches passed betwixt us, he
began to say to me how lie in England had
favour and credit, and I in Scotland good-will
and friendship of many. It wsis thought tliere
could be none more fit instruments to travel
for the continuance of the amity betwixt the
two realms, than we two. And from tliat dis-
course upon the state of both, and how I wis
entered in that action tending so far to the
queen's dishonour, I was willed by him to con-
sider how matters stood in this isle, what
lionour I had received of the queen, and what
inconveniencies her defamation in the matters
laid to her charge, might breed to her posu-ritj,
whgse respect was not little to the crown of
England. There was but one babe, the Iliip
milton's, my unfriend, had the next respect;
and if I sliould, the issue of her bodv would
be the more affectionate to me and mine, tlian
any other that could attiiin to that room : and
so it ^hould be meetest that she affirmed her
dimission made in I/)chlevin, and we to ab-
stract the letters of her hand writ, that sbc
should not be defamed in England. My reply
to that was, how the matter had passed m par>
liament, and the letters seen to many ; so that
the abstracting of the same, coulci not tbes
ser\'c her to any purpose : and yet should «e
in that doing bring .the ignominy upon us,
atljrming it could not be sure for us tliat way
to proceed, seeing the queen's majesty of Eng-
land was not made privy to the matter, as she
behoved to bo, in respect we were purpoself
come into England for that end, and for the ios-
tifying of the grounds of our cause. Tkie duke'i
answer was, he would take in hand to handle
matters well enough at the court. After this* at
the occasif)!! of certain articles that were required
to be resolved in, before we entered directly in
the declaration of the very ground of 6ur Mo-
tion, we came up to the court ; wliere some
new commissioners were adjoined to the furtner,
and the hearing of the matter ordained to te
in tlie parliament house at Westminster. In
presence of which commissioners fur the said
queeuy and partly through the •hiQ» rebokim
981]
STATE TRIALS, 14 Eliz. U7\.-^Jor High Trttam.
[98^
of the queen's majesty of England's commis-
sioners we ottered the grounds of the action,
and produced such evidences, letters, and pro-
bations as we had, which might move the
queen's majesty to think well of our cause.
Whereupon expecting her highness's declara-
tion, and seeing iv> likelihood of the same to
be suddenly given, but daily motions made to
come to an accord with the said queen, our
matters at home in Scotland in the mean sea-
son standing in hazard and danger ; we were
put to the uttermost point of our wit to imagine
V hereunto the matters would tend : for albeit
we had left nothing undone for the justification
of our cause, it appeared yet no end, but conti-
nual motions made, to come to some accord
with the queen, and restore her to whole or
half reign. I had no other answer to give
them, but that I could neither do against con-
science nor honour in that matter. Notwith-
standing, seeing this my plain answer wrought
no end or dispatch to us, and that I was in-
formed that the duke began to mislike of me,
and to speak of me as tliat I. had reported of
the said queen irreverently, calling her whore
and murderer ; I was advised to pass to him,
and to give him good words, and to purge my-
self of the things objected to me ; that I should
not upon the suddeit enter in his evil grace, nor
have him to our enemy, considering his great-
ness : it being therewithal whispered and shew-
ed to me, that if I departed, he standing dis-
contented and not satisfied, I might peradven-
ture find such trouble in my way, as my throat
might be cat before I came to Berwick. And
therefore since it might well enough appear
that he aspired to her marriage, I should not
put him in utter despair that my good-will can-
not be had therein. So, few days before my
departing, I came to the park at Hampton-
Court, %v here the duke and I met together;
and there I declared, that it was come to my
ears how some misreport should be made oF
me to him, as that I should speak irreverently
and rdslily of the said queen, my sovereign s
mother, such words as before expressed, that
he might perceive my aflfectiun to be so alien-
ated from her, as I could not love her, nor be
content of her preferment. Ilowbeit, he might
persuade himself of the contrary ; for as she
once was the creature in the earth that I loved
best, having that honour to be so near unto
me, and having received such advancement
and honour by her, I was not so unnatund
ever to wish her body harm, or to speak of her
as was untruly reported of mc, howsoever the
truth were in itself. And as the preservation
of her son, now my sovereign, had moved me
to enwr in this cause, and that her own press-
ing was the occasion of that which was uttered
to her infamy ; so whensoever God shall move
her heart to repent of her tiy-past behaviour
and life, and after her known repentance, that
she should be sejiarate from that utig(Klly and
unlawful marriaire that she was entered in, and
then after were joined with such a godly and
bonourable pcrsouag^^ as were afiectioned to
the true religbn, and whom we might trust ; I
could find in my heart to love her, and to^ew
Ijer as great pleasure, favour, and good- will, as
evet> 1 didiu my life. And in case he should
be that personage, there was none whom I
should better like of, the queen's majesty of
England being made privy to ttie matter, and
she allowing thereof; which being done, I
should labour in all things that I could, to her
honour and pleasure, that were not prejudicial
to the kin^ ray sovereign's estate : and prayed
him not to think otherwi<e of me, for my af-
fection was rather buried and hid within me,
waiting until God should direct her to know
herself, than utterly alienate and abstracted
from her. Which he seemed to accept in very
good part, saying. Earl of Murray, thou knowest
of me that thing whereunto I will make none
in Eugland nor Scotland privy, and thou hast
Norfolk's life in thy hands. So departing, I
came to my lodging, &c. — ^Thus have I plainly
declared huw I have been dealt withal tor this
marriiige, and how just necessity moved me not
to repugn directly that which the duke appear-
ed so bent unto. And for iny threatnings to
assent to the same, I have expressed the man-
ner. The persons that laid the terror before
me, were oi mine own company, and the duke
since hath spoken, that it was his wriung
which saved my life at that time. In conclu-
sion, I pray you persuade her majesty, that she
let no speeches, nor any other thing passed
and objected to my prejudice, move her ma-
jesty to alter her favour towards me, or any
ways to doubt of my assured constancy towardt
her highness : for in any thing that m^y tend to
her honour and surety, I will, while I live, be-
stow myself, and all that will do for me, not-
withstanding any hazard or danger; as proof
shall declare, when her majesty finds time to
employ me."
serf. Thus appcareth it. That the duke of
Norfolk first tnivelled with Ledington for stay
and compounding the matter, and afterward
likewise with the bishop of Ross, and at both
times first moved it of himself: so now the earl
of Murray also by his letters doth testify, that in
conference with him, it came first of the duke
to move Ihe stay of the contention, and to
what end the duke did it, namely, f<)r that he
aspired to the Inarriage of the Scotish queen,
and therein made account of her respect to the
crown of England; and that without (hefjueen's
majesty's assent or knowlcilge. Now shall
you also see, for further proof thereof, the bi-
shop of Ross's letter to the Scotish queen : For
the bishop of Ross went from York to Bolton,
as you have before heard in his exaniinatiou.
On the way, before he came to Bolton to the
Scotish queen, from his loilging he wrote a Itt-
ter to her, which letter was lost by his servant ;
but as good hap was, he reserved a c«»pv there-
of, and negligently left it behind liim in his
lodging at Newcastle, where the earl of Murray
half a year after being lodged in the j«;iiiie
chamber, found it, and seut vt unvVw* ^v^^vivC^
majesty*^ coUlduV •, ^adVk^tfe Hx %i vii^. N»xVk.\*.\K
983]
STATE TRIALS, UEliz. \5^U^Trial f^tlic Thkeqf N&rfoOc,
[9»f
with the bishop's own' hand, as himself, being
examined thereof, hath confessed. Here he
setielh outthe conference between the duke of
^orfulk and Ledington, and himself. lie
thcwetli the duke of Norfolk's advice to the
8cotish queen, i'or a letter by her to be written
to the (jueen's majesty ; and also he openeth
the duke's advice, how to work for the Scotish
queen, with disclosing the queen's majesty's se-
crets.
Here was the said Letter produced, and read
as fullowcth :
Copy of the Letter sent from York hy the Bi-
shofi of Hoss to the Queen Mother, to the
Queen our Sovereign Lady, then lemaining
at Bollon,
" Please your majesty, I conferred at great
length with A. (c) one {j;reat part of the night;
who assured me lie had reasoned with B. (d)
tliis Saturday, as ye:>terday on the fields who C.
(e) determined to him, that it was V*ii(f) de-
terminate ])urpose not to end your cause at
this time, but to hold the same in suspense :
and did what was in her power to cause us : E.
(g) pursued extremely, to the effect F. (h) and
his adherents might utter all that they could to
your dishonour; to the effect, as was supposed,
to cause you come in disdain witli tlie whole
subjects of this realm, that you may be the
more unable to attempt any thing to her disad-
vantage ; and to this effect is all her intention.
And when they have produced all . they can
agaiubt you, the queen will not appoint the
matter instantly, but transport you up in the
country, and reserve you there till she think
time to shew you favour ; which is not able to
be hastily, because of your uncles in France,
and the I'ear she hath of yourself to be her un-
friend. And ihcrei^)re their counsel is, that
you write a writing to the queen, meaning that
you are informed concerning your subjects,
which have offended vou, this in effect : That
your majesty hearing the estate of your affairs,
as they proceed in York, was informed that her
majesty was informed of you, that you could
not godly remit your subjects in such sort, as
they might credit you hereafier: which was one
great cause of the stay of this controversy to be
ended. And therefore persuading her grace
effectuously not to trust any ivho made sue h
narnttion ; but like as you had rendered you in
her hands, as most tender you of any lit uig, so
prayed her grace to take no opinion of ^ou ;
but you would use her counsel in all your af-
fairs, and would prefer her friendship to all
others, as well uncles as (Jihcrs, and assure her
to keep that thing you wduM promise to your
subjects by her advice. And if her grace dis-
credit you, you would be glad to stitisfy her in
CO L
(d) T
Ledington.
he duke of Norfolk.
(t) The day he rode to Cawood.
{f) The qut*en's majesty.
(m) The English queen's Commissioneis.
(h) The loffu regent of Scotland.
that point, to be removed within her realm io
secret and quiet manner, where her grace pleas-
ed, unto the time her grace were fully satisfied,
and all occaMon of discredit removed from her ;
so that in the mean time your realm were holden
in quiecuess, and your tiue subjects restored
and .^naintained in your own estate, and such
other things tending to this effect. And af-
firms, that they believe that this may be occa-
sion to cause her credit you better, that you
offer safer, and may come, that within two or
three montlis she may become better minded
toward your grace ; for now while she is not
well minded, and will not shew you any plea-
sure, for the causes aforesaid."
Duke, Here be many things and many parts
very hard for mc to remember ; and here be
produced three witnesses against me, Leding-
ton, the bishop of Rx)bs, and the carl of Mur-
ray. Hereunto I will answer as my memory
wiill serve me : Lciiington, because he and I
were acquainted at Leith,came to me and prac-
tised to search at my hands, and to feel how
the queen's majesty was satisfied. I told him,
that 'till I heard whut the queen*s majesty
would resolve; I could tell hiin nothing: and to
time spent away. And in the mean season,
upon a Saturday, I being at dinner with tlie
lord of Sussex, Lc<liiigion came in ; and after
dinner talking with. me, he brake more earnest-
ly for me with the Scoii^h queen, and for a Mar*
riage between her and me, which 1 utterly re-
fused, as by my lettets from York to the queen's
majesty it may appear; \% herein 1 signified my
opinion of the Scotish queen, or tlse she must
be maintained by the queen of England. 1 said
to him again, that the queen's majesty sought
the quietnefts of that realm ; but for any ad^ite
of restoring the Scotish queen into her countrr,
I could not see how it might be considered :
and so I advised him to submit the whole mat-
ter to the queen's majesty's judgment. Other-
wise he and I never talked. Of those other
doings, between Ledington and the Scfitish
qurcn, I know nothing. The bishop of llotf
shortly affer said to me, and intreated to have
my help for compounding of the matter, as yoa
know well he can speak fair. I told him I
could do nothing without my fellows, and ouly
in such manner as was prescribed by our com-
mission. I told him also, that we were but to
hear and certify ; and for the matter of com-
poundihg, they were best to make offers them-
selves; for we w^rc but to receive such devices
as they should chuse, and to uive advertisement
of the same. To what end should I need to
utter the matters of the carl of Murray's part
to the other side, when ledington himself was
|irescnt, and privy to all ? 1 spake not with the
bishop of Kuss, but at that time only. And as
for ih.it advice, to avoid the discovenngof thoie
rigorous, matters by the earl, and the publishioc
thereof to the quel's majesty, to the Scotish
queen's infamy ; I never disclosed any such se-
crets, nor gave any such advice- only I did ad«
vise the buhpp of Ross, that he and that lidt
STATE TRIALS, HEliz. l51l.-^or tiigh Treavm.
D85]
ihould bold themselves contented with the
queen's majesty's dealing, and with the deter-
mination t^en at Hampton-court, which was
such as. might content them, and such as my
lord Burleigh then roisliked. As for the earl of
Murray, he began with me, and not I with him :
he came to me at Cawood, and prayed me to
tell him what end would come of the matter.
I said, I knew not ; for it must come from the
queen's majesty : we knew not of the differing
of the commission at that time, nor till such
time as Mr. Sadler was sent for. How could I
tell him, and kAew it not myself? I never yield-
ed to the Marriage between the Scotish queen
and roe : I cannot gather such matter of looks
alone, I never dealt more therein, but only that
Ledington broke it. Have 1 not answered all
these matters ? If I have not, put me in any
thing I have omitted, and I will answer it.
Serj. Your answer is but only denial; Le-
dington and the rest write otherwise, that you
made the first potion to them : and therefore
Ledington, by practice between you and him,
sent the earl of Murray to you, under pretence
of searching to learn the state of their own
cause, to be moved by you for the marriage ;
upon your answer, it is but yea and nay be-
tween you. If you meant directly, then needed
you not to have dealt so secretly in conference
with Ledington, without the rest of the Com-
missioners; and besides Led ington's conference
with you, both the bishop of Iloss and the earl
Murray affirm your practising with them to the
same mtent : which is sufficient proof against
your own bare denial.
Duke, The earl Murray sought my life, the
other are not of credit ; yet all these prove not
that I dealt in the matter of the marriage with
the Scotish queen, in any respect of her claim
to the crown of £ngland. If the bishop of
Rom, or any other, can say' otherwise, let
them be brought before me fucc to face. I
have often so desired it, but I could not obtain
it.
Strj* The bishop of Ross confesseth it; this
is his own hand; and here you shall have, by
witnesses, proved the duke's assent to the mar-
riage with the Scotibli queen : and to practise
the furtherance thereof, you shall see how that
afterwards he was privy to a device, that the
cmrl Murray should have been murdered at
Northallerton, in his way homeward, by the
Nortons, Markenfield, and other rebels : and
afterwards, being satisHed at the earl Murray's
hands, a Letter was written to stay that de-
Tice: containing also a device of compounding
the matter, and how the earl Murray had as-
tented to the marriage.
Here was contained the bishop of Ross's
Confession, in Article the ninth : wherein ap-
peareth, * I'hat the earl Murray should have
been murdered by the way, goin^ home into
Scotland:. and that the bishop ot Ross wrote
to the Sootish queen that the duke of Norfolk
advised htr to stay that murder, because the
•arl Murray had yielded his good will to the
wOm^fi «i followath ;
[986
Out of the Bishop of Ross's Examination, taken
the 6th Nov. 157 L
'< To the 9th he saith, That the earl of Mur«
ray was in fear to have been murdered by the
way, in his return to Scotland ; whereupon thia
Examinate by the duke*s advice, did write to
the queen of ^Scots, that the atteppt might be
staved, for that Murray had yielded to the duke
to be favourable; and the murder should have
been executed about Northallerton, by the
Nortons, Markenfield, and others, as this Exa-*
minate was advertised by the Scotish queen'»
servants that came from Bolton."
Serj, Thus it appeareth, that the duke so
far assented to the marriage, that rather thaa .
it should not have taken effect, he was con-
tented that the earl of Murray should have
)}een murdered.
Duke, The unkindness between the carl
Murray and me, was not about this matter of
his mistress the Scotish queen, but for another
cause: it was because the earl Murray had
reported that I sought the marriage of the
Scotish queen. 1 charged him therewith by
message, he excused himself thereof, and laid
it upon the earl Moreton and the bishop of
Orkney; and for the device of murdering him,
I was never privy to it. And where the Ar-
ticle saith, that I heard it by theSco^h queen's
servants that came from Bolton, it is not true.
I never heard of it till Whitsuntide after, when
John Wood came, and th«n I heard it not but
by the bishop of Koss ; neither did I hear that
it should have been done by the Nortons, but
by my brother of Westmoreland being an-
hunting, when the earl Murray espying a great
company on the hill-side, imagmed that he
should tiave been slain.
Serj. You shall also understand, that the
duke liimself wrote to the earl of Murray,
wherein is plainly declared his practise and as-
sent to the Marriage : which very Letter we
have not, but the copy thereof, under the re>
gent's own hand, which the regent sent to the
queen's majesty, whereby the matter most
plainly appeareth.
'' ^(^ S^^^ Lord ; I have receivcnl your cour-
teous letter, whereby I do not only perceive
you well affected for the advancement of your
common weal, and the uniting of this island,
but also your good mind towards me : which
two points I cannot but note to your special
commendation, and my great comfort. As
you shall prove me industrious;, to assist you
with all my pofver in the one, so shall you not
find me ungrateful in the otlier, but really to
requite you to my uttermost for your friend*
ship so frankly offered ; the ratlier I shall have
occasion to employ myself for the just reward of
your deserts, the sooner I shall think myself in
nature, friendship, and conscience discharged of
jny obligation. In the mean time, good my
lord, assure yourself, that you have not only
purchased a taitliful friend, but also a natural
brother, who is not, nor will not be lesrcare^V.
(or your weal aad &\iie\.^ > xXaxi \»a q>ii\v\w^^^^x
9S7]
STATE TRIALS, 14Eliz. 1511.— Trial qf the Duke qf Norfolk,
[988
and credit: whereof I nm iuUy persuaded you
doubt not: and tlieretbre in thut point I need
not to be over-tedioos, but brieny to return
to that you desire to be satisiicd of, which is, j
ibr my marriage with nil sincerity with your
lister ; wherein I must deul plainly with your
lordship, as my only friend, tlint I have so far
proceeded herein, as I, with conscience, can
neitlier revoke that that I have done, nor never
do mean, while I do live, to go back from this j
that is done, nor with honour proceed further,
until such time as yon there shall remove such
stumbling-blocks, us be impruchmcnt to our
more apparent j)nKeetling: wliirh when by me
it shall be fmished, upon mine honour the rest
shall follow to your contcaiment and comfort.
Wherefore my earnest reque^t, at this present
to my good lord, is. that you will proceed here-
in with such expedition, »s the enemies of this
good puqiose, %vliich will Ik; no small nmnber,
against the uniting of this land into one kfng-
dlom in time coming, and the maintenance of
God's true religion, may not have opportunity,
through the delay given them, to hinder our
intended dctennmation ; against the which I
am of opinion, there will be no practices by
foreign princes omitted. This I hope will be
sufficient to resolve you, my lord, of your de-
sire timching the marriage ; referring myself
wholly, for your more ample instruction and
satisfaction in all p«)ints, to my lord Boid, who
hath commission both by the queen of Scot'
land, your sister, and also by n^, to resolve
you of all doubts, whom I wish you to credit as
myself. You sliull not want the furtherance in
this cnterprize of the most part of the noble-
men of this realm ; whose faithful friendship
in this case, and all other my actions, I have to
my contentment sutiiciently proved. Thus
being persuaded that your lordship's endeavour
is for the maintenance of God's glory, and the
advancement of the common weal of this
island, I have adventured to impart my secret
determination, as to one whom I make account
to be assured of, and unto whom I wish long
life and prosperous health, to his hearts desire.
So with my hearty commendations at this pre-
sent, without further molestation, 1 am, my
good lord, your faithful arKi must assured
friend." — From my house in London, July 1.
'* I have heard you have been in the North
of Scotland, and doubt not but you have satis-
fied the request I made for the bishop of Itoss,
and have caused his scrumts to be olK.yed of
his benefices ; and what is left undone, I pray
you cause ii to tc etfectually furilk-rcd. lie
hath the queen of Sirots letter, directed to
you fur thai i-lVect ; but tniftin<: that my re-
quest shall make him to be obeytxl, ere thu
otiier come to your hands, wht^rcin you shall do
uic singular ph'usuic Norfolk."
Dnke, All these are fitters, and answered
two years ago, when Mr. ^>ndler and IVIr. At-
torney were sent to examine me upon In-
terrogatories. Indeed I must confess my
M)/; it is an ill cook that cuunot lick
his own fingers. The bishop of Ross wrote
the Letter, and he licked his own fingers. The
earl of Murray wrote to me very humbly,
and that he was at my commandment, with
such like words. I having no leisure to write
ansiver to him, drew articles to give him
thanks : but that the noblemen liked of that
marriage, and that I wished no man's friend-
ship more than his in it, the bishop of Ross
added of his own, and put it in cipher in tliis
form, which ciplier I had not then.
Serj, This is the very Copy of your own
Letter. ' y
Duke. See my Answer made in my first
troubles, two years past.
Serf, The queen's majesty understanding
the duke's intention to marry with the Scotisli
queen, the duke himself by way of prevention,
complained to her majesty of the rumour thtt
was spread itgainst him, that he sought the
Scotisn queen's marriage, and prayed it might
be examined. In which her complaint, as I
have heard her majesty herself declare it, and
some here of my lords have likewise heard it,
he said, among other things. To what end
should I seek to marry her, being so wicked a
woman, such a notorious adulteress and mor-
derer? £ love to sleep upon a safe pillow:
I account myself, to your majesty's good favour,
as good a prince at home in my Bowling-All«y
at Noi-wich, as she is, though she were in thd
middle of her kingdom. The Revenues of the
crown of Scotland, ell the ordinary Charges de-
ducted, about the necessary affairs of the realm,
are not comparable to mine own that I enjof
by your goodness, as 1 have heard of the chief
oliicers of that realm ; considering also that her
kingdom is not in her hand, but possessed
by another; if 1 should seek to match with Iwr,
knowinti, as I do know, that she pretendeih a
title to the present posbcssion of \'our crown,
your majesty nii|;ht justly charge me with seek-
ing your own crown from your liead This the
duke spake to the queen's majesty, in his ex-
cuse, when the fame went of his Marriage with
the Scotish queen, when yet, bestde that time,
he had dealt earnestly in it.
Duke. I may not nor will not stand against
her majesty's 'festimtiny, I must give place
unto it; but hereof I was examined two years
ago, and then I declared, as I now do, that st
that time I intended not the Marriage. And
true it is, that I have at sundry times, some tt
one time, and some at another, used some of
lUn^c kinrl of speeches ; but at that time I dealt
not with that M:irriage, nor minded it.
Serj. Your own Confession is otherwise:
for yourself have since confessed, that voucon-
cealid fmm ihfc <pieen yottr con fer«*nres with
Lcflinuton and Itoss about the marriage, loth
the conferences had at \ork and at Hampton*
Court.
Duke. I never consented to tlie Marriage tt
those times of their conferences, and io 1 might
well use their speeches.
Then wtis produced his own Examinatioo th0
6th Nov. 1571, and it wAsfead^and ht
9B9]
STATE TRIALS, HEliz. \51\.—for Iliah Treason.
[990
fessed Uis coneesdxnent of those Speeches and
Uonferences before used about the Marriage,
and tlmt it bad indeed been moved, but nut con-
cludeil on: be renieuibercih thui the queen
charged him straightly not to proceed in that
Marriage ; but he remembereth not tiisit she
chai^ged liim upon his allegiance.
The Duke ^ Nor/oik, the 6tb of Nov, 1571.
To the first and second, he ^lith, That he
remembereth tliat at Hampton-Court upon a
report made by Robert Alclvin, so declared by
Wooioock, that this examinnnt had gone ahuut
a matter of Marriage with the Scotish queen
for himself, wlierein he took himself to be
much wronged, and desired to have the matter
examined; for that he had not dealt in that
matter, and doth not remember what the
queen's majesty said unto him at tliat time : at
which time he said for himself, That he intend-
ed DO such thing, nor meant any such thing ;
and yet he confesseth. That he did not declare
to the queen's majesty, at that time, of any
speech that had been used unto him by Led-
ington at York, and the enrl of Murray at
Hampton-Court, touching the said Marriage.
Being at Titchfield, the queen's majesty called
him to her Gallery, asking of him. Whether he ,
bad dealt any wise for the Marriage of the
queen of Scots, as it was reported ?' Where-
unto he answered. He thought iier majesty had
beard by others. But she willed him to declare
the truth, because she Itad rather liear it of
himself: and so he declared, Tliat he had re-
ceived Letters from her ; that the matter had
been moved and written unto her ; but he had
not made any conclubion in that matter with
ber. Wliereupon tier majesty shewing herself
Co mislike tliereof, commanded and charged him
that he should not deal any further therein with
tiie queen of Scots, nur any other person in
that matter : but that he was chained upon his
allegiance, he doth not certainly remember;
but tliat he was straitly commanded, he doth
well remember.
At length he confessed, that he was charged
upon his Allegiance.
Sen, At Titchfield the queen's majesty ex-
prcsJy commanded the duke of Norfolk upon
bis allegiance, as himself liatb now confessed,
not to proceed in that Marriage with the Scotish
queen: Now, if we prove that this command-
ment notwithstanding, and against his own
promise, he afterward stiil proceeded, and that
much more earnestly than before; and yet
nevertheless, that he had all the while con-
ceived an evil opinion against the Scotish queen,
and upon the siisht of her Letters, and other
Evidences, sht-wed he thought her plainly
guilty of abominable whoredom^ of the murder
of her husband, and bi^niHed it by letters, and
declared the same his opinion to Bannister : And
also, That he made no account of her kingdom
of Scotland, whicii she had not in possession ;
jOt if she would have it, yet he counted it not
CoaiparaUe to liis own dukeilom. He (1 say)
•0 aoiag^ Mifl fo oonceiviDg and so declaring.
and yet still more and more prosecuting the
Marriage, cannot be said to have prosecuted it,
in respect of her person, but of some other
tiling (forsooth the crown of England^ whicii he
hoped to attain under her pretended title. You
never saw her, you could not then be carried
with loveof her person ; you conceived ill opinion
of lier, so could you not be led with love of her
conditions; the fame of her good qualities and
virtuous conditions you never heaiti much of^
except it were by herself, or the bisliop of Ross,
or some of her ministers; her kingdom of'
Scotland you esteemed not, both liecause she
had it not in possesion, but it . was in pos*-
session of her son, by her own dimise ratified
by parliament, and fur that it was not of so
good value as your own possessions were. To
what end then pursued you the Marriage? To
no other end surely, but to advance and main-
tain the false and pretended title to the present
posse:»sion of the crown of England, and for the
attaining thereof, to practise the deprivation,
death and destruction of the queen's majesty.
If further, we shall plainly prove that after
your departing from ttic court, you meant not
only to prosecute the Marriage, but also to pro-
secute it with force, against the queen in her
own realm; then it muiit needs be with intent
of her majesty's deprivation and destruction,
and so High-Treason, witliin compass of tlie
statute of 25 of Edward the 3rd. For whoso
shall take upon him to prosecute and maintain
a Title to the Crown by force against the queen,
and within her own realm, must neetb make *
account that the queen must and will resist
that force : if then tluit force may overcome
tlie prince's force, wh:it is tlie likelihood then
to ensue? There must needs fullow deprivation
of the queen, and thereupon her Death and
Destruction : for the jealousy of an Usurper by
force, can in no wise suifer a rightful prince to
live. Now to prove your intention to pursue
the Marriage with force against tlie queen :
In your Journey towards J/>ndon, you entered
into conference and device between anotlier
and you for taking the Tower of Ix>ndon, with
nil the ({uecii's Ordnance, Ammunition and
Treasure (herein, and to have kept the Toner
by force against the queen, and so to have
brought the Marriage to pass by force, whether
the queen would or no. But it took not eflTect;
for the queen's luajosty having understanding
thereof before provided, for enforcing the place
with new supply ; and Mr. Pelhum, lieutenant
of the ordnance was, for that purpose, put in
with sufficient power. Afterward being at your
own house, the Charter-41ou.se, t\w (jueen's ma-
jesty understanding of these attempts, sent for
yr)U ; whcreunto you make a feigned excuse of •
doubt of sickness, and that you had taken phy-
bick, so that for four or five days you couhl not
journey : promising after those four or live
days, to wait (/n her majesty , accordhig to your
duty. And inmiodiaielv after this excuse sent,
without tarrying four or live dny^, or any more
days, the same nigiir, you by and by stole away
into Noriblk, and there intended to hHV% Wiy^V
991]
STATE TRLVLS, UEliz. 1511.— Trial qf the Duke qf Norfolk, [9D2
forc6 : but tliat the queen's majesty and her
council suspecting your purpose, I'md secretly
sent into those parts before, and taken order
for impeaching of your intention. If this then
be proved true. That you still prosecuted the
Marriage, without liking of her person, without
estimation ot her possessions, with only respect
to her fulse title to the crown of Enji^land, and
with force; and sithence it cannot be pursued
with force against the queen, nor force levied
against her majesty, without purpose to supprcfss
her majesty's force, and to depose her from licr
crown and dignity ; and he that so sceketh to
-depose her must needs be thought tliat he will
Dot suffer her to live; all these matters consi-
dered, the seeking of this Marriage in this form
must needs be High-Treason, witliin compass
of the Statute of 26 of £dw. 3rd.
Here was produced the Duke's own Letter,
and the other commissioners, from York to the
queen's miijesty ; wherein is signified the great
abomioatiou ot the Scotish queen, appearing in
her own Letters and the certainty ot the truth
of those Letters, both by offer of oath of those
diat exhibited them, and by discourses of some
matters there : wliich could not he written but
by herself, being known to nune other. The
Commissioners Letter is as followcth:
*' Afterwards they shewed unto us an horrible
and loug letter of her own hand (iis they say)
containing foul matter, and abominable to be
eiUier thought of, or to be written hy a princess,
with divers fond Ballads of her ciwu hand ;
which Letters, ballads, and other Writings be-
fore specified^ were clo&ed in a little coffer of
silver and gilt, heretofore given to her by Both-
well. The said Letters and Ballads did dis-
cover such inordinate and filthy love, between
iier and Bothwell, her loathsomness and abhor-
ring of her husband that was murdered, and the
conspiracy, of his death, in such sort as every
good and godly man cannot but detest and
abhor the s:une. And those men here do con-
stantly affirm the said Letters and other Wri-
tings, which they produce of her own hand, to be
her own hand indeed, and do offer to swear and
to take their oath thereupon ; as indeed the
matter contained in them bein^ such as could
hardly be invented or devised by any other
than by herseli*; for that the discourse of some
things, which were unknown to any other than
to herself and Bothwell, doth the rather per-
suade us to believe that they be indeed of her
own hand-writing. And as it is hard to coun-
terfeit so many and so long Letters ; so the
matters of them, and the manner how these
men came by them is such, as it seemeth that
God, in whose sight the murder and blood of
the innocent is abominable, would not permit
the same to be hid or concealed. In a Paper
lierein inclosed, we have noted to your majesty
the cliief and principal points of their Letters,
written (as they say) with her own hand, to the
latent it may please your majesty to consider
of.thcoi, and so to jtidge whether the same be
mSMmi to coofince her of the detcKaUt
crime of the Murder of her husband ; which in
oiu* opinion and consciences, if the said Letters
be written with her own hand, as we believe
they be, is very hard to be avoided.'^
Duke. This maketh for me ; for this pro-
veth that I so much misliking her, and signifying
by my Letter so much against her ; dealt not
on that side when I was at York, where this
letter was written.
Serj. I'here were others joined with you iu
the letter, so that you could not otherwise write,
however you otherwise dealt : but this maketh
much against you, for it proved you had an evil
opinion of her, and so could not seek the Mar-
riage iu respect of her person, but only in re-
spect of her false title ; and that not to the
kingdom of Scotland, which she liad not, and
which you despised, but to the crown of Eng-
land. Now you shall, to the same end, hear
your own Report against hiir to Bannister.
Duke, Bannister was shrewdly cramped
when he told that tale. I beseech you let me
have him brought face to face.
Serj, No more than you were.
Then was read Bannister's Confession, in
Oct., 12th Ellz.
Tiiis sheweth that you had an evil opinion of
her, and so no affection to the person ; therefore
your seeking of that Marriage was for another
respect ; and therefore Lcdington, Ross, and
you practised the matter at York.
Dnke. They broke it to me. What is this
to me? Did I consent?
Serj. You consented.
Duke. No.
Serj. They say plainly, that you -practised to
withdraw the thines that might charge her.
Wilbraham. You have said, that the bishop
of Ross hath accused you of malice ; but you
answer nothing to that which the bishop of
Ross wrote to liis mistress, the Scotish queen,
in secrecy, wherein could he no malice.
Duke, Ledineton broke it to me, and the
earl Murray broke it to me. I pray you, let
thorn be brought face to face to me : I have
often required it, and the law I trust ib so.
Serj. The law was so for a time, in some
cases of Treason: but, since, the law hath been
found too hard and dangerous for the prince,
and it hath been repealed. You intended to
have proceeded with the Marriage by force:
and for proof thereof, you have heard of tlie
device for taking of the Tower. Now to proTe
further your purpose to pursue your enterprize
by force, let be read the confession of the
bishop of RobS to the. second article.
The Bishop of Ross's Confession the 3rd Air.'.
1571.
To the second Article. The 'doke being
after conferred with by the bishop of Rose, frooi
his mistress, to know what he would do in the
matter of the marriage, if the queen woold not
assent, said, he knew she would, thoaab not at
thefint; becauieinoitofibecoiiadraiHliMH
993]
SX^rrE TRIALS, I+Eliz. 1571. -/or High Treason.
[991
hlemeti thought it meet ; and that he had
known the minds of most of the nqblemen.
And alter, vk lien the quven was offended with
biih coming from Southampton, he told the
bishop he would depart into his own country,
•lid so was resolved, by the earls of Arundel
and i'enibroke, wlio would do the like ; and
tliere wunld take purpose, by the advice of his
countrymen and friends, and do that was like-
liest for the advancement of the cause. The
bishop said, the queen's majesty would by
force fetch him out of his country. He an-
swered ; That no nobleman in iLngland would
accept that charge at her commandment ; for
he knew their minds, specially for those in die
North, who would as:>ist. And if that he
might cmce ha%e that open quarrel against her,
that she would hrst pursue ban, he would have
friends enough to a^si&t him, and that fhe
Scotish quoeu should be safely enough provided
for ; for that was thf. principal mark he sliot
atysnd would do what Ite could to have her in
his hands. And tlie earls of Arundel and
Pembroke had promised to do as he did ; and
they in the North had promised the like. Item,
liggons told the fiiishop, that the duke was re-
solved to go through with the matter by force,
if the queen would not assent to it. At this
time common mcssa^s past between the Scot-
isb queen and the duke, and them of the North.
iJuke, All is tiiise, saving tliat the bishop
of lloss once spake with nie ; and then uud'er-
staoding him to be a suspected man, I desired
liim to torl>ear-to come to me; nei'ertheless, by
liis great earnestness and importunity, that I
wopid but once admit liiih to come to me, at
length he came, and then he moved me for
certain money of the Scorish queen's, about
2000^ remainmg in my keeping : one letter he
brought. me, and no more letters, until after
my first trouble. As for my going into Nor-
folk, I can bring gornl witness, that I meunt
not to go iuto Norfolk, four hours before I
went, and that 1 sf)nkc not with him in two
days before. It is of good ground that I have
prayed to have the bishop of Ross brought to
me in private Examination face to face, where-
by I might have put him in remembrance of
truth ; but I have not liad him face to face, nor
have been sulTered to bring forth Witnesses,
Proofs, and Arguments, as might have made
for my purgation. As for sending o( Letters
to my lord of Northumberl:ui<l,or my brother
of Westmoreland, all is f:ilsc ; I never received
letters from them in all my time. If ever I
sent to them, or received from them any letters
in three quarters of a year before, let me never
be credited.
Sefj, You shall have Proofs tlmt the bishop
of lloss hath said it. You stand much upon
your own credit: now therefore to } our credit,
1 will say somewhat against your oath specially
taken, when you wrre appointed commission
lor the matter at York ; and against your
oi^ of a counsellor to tlie queen, you dealt
indirectly and partially; y(»u deceived the
queen^a tnwty and disdusud her secrets.
VOL. 1.
^ Duke, I denv it.
Serj, It is well proved that at Hampton-
Court, being extunincd of the matter by the
queen, you dissembled it : being ex:miincd of
IVIoney lent by you to the Scotish queen, you
denied it : being charged upon your Allegiance,
you promised not to proceed furthrr in the
matter. Notwithstanding that express com-
maudm^nt of her maje-ty ; yet, against your
duty, against your promise and faith, you still
proceeded.
Duke. I confess this ^zs mine error ; but
I have already made liumble Petition to my
peers, not to confound my faults together, nor
to mingle my inferior offences with this great
Cause.
Serj. Sithance the commandment given to
you at Titchfield, not to pniceed in dealing
with the Scotish queen in any wise, you have
continually dealt with her : you have lent her
money ; you have maintained Liggons, your
man and your solicitor, continually to advertise *
you, from tlie bbhop of Glasgow, and the
Pope's Nuncio ; and you have advertised him
from hence. He hath had money of joa»
and you have received letters from him four
times in coffers.
Duke, Liggons is not my solicitor.
Serj, He is your solicitor, and so yourself
have expounded him ; for where the Scotish
queen, in her Letters spenketh of your solicitor,
being asked whom she meant thereby, jott
have answered, Liggons.
Duhe, At the first indeed she so called him;
but Solicitor is no name of use. He hath
not been so since my Hrst Trouble ; and so for
her cidhng, it is no matter, she once called me
Legista.
Sei^. He is your solicitor ; for she so tak-
cth him, and yourself do so expound it.
Then was read hiif own Confession, of Monej
lent 2000/. and received, &c. The duke con-
fessed this receiving and lending of Money.'
Then was read the bishop of Ross^ Confession^
concerning Money sent by Barthwick, and of
money delivered to Francis Bishop.
Duke. l*his I deny not.
Heij. Francis Bishop was a Traitor.
Duke. I knew him not.
Serj. Now for the matter of taking the
Tower.
Duke, I deny it.
Serj, Was \^ not mentioned unto you in
the way, when yon came from Tiiclifield, by
one that c.inie to you, and moved you a device
between you and another, for taking the
Tower ?
Duke. I have confessed that such a motion
was made to me, but 1 never assented (o it.
Serj. You concealed it : and to what end
should you have taken the Tower, but to have
kept it against the queen by force } But you
say you liked not (ho motion, you asked advice
otit.
Duke. Indeed I told one of it : Owen met
roe by the way from 1 itrhfield, and told me
liow we were all in danger, and said. That
3 s
995] STATE TRIALS, U Eui. 157 l.—TVial qfihe Duk tf Noifolk,
[U9o
lome of our friends thought it was best to take your part, to orove anj thin^ ihat mi^la make
the Tower. I refused to do it, and saiJ, Take for you ? And were vou denied ? ^
the Tower! That were a proper device indeed! | Duke. I have direri tiine« prayed, that
And thence I went to ray lord of Pembroke's, if any thing were denied to be true which
mod Uicre dined ; and then I U)Id my lord of I said, I might be driven lo my proof of iL
Pembroke of that device; whereunto he an- j Burleigh. 1 ask it, because I hate not
swered, We are well, and safe enough : let heard it reported to her miyestjr that you made
them that be faulty luke the Tower, if. tliey any such re(]uest, to have any special Wil^
will. And Co what end should I have taken ueshcs examined or Froo& beard, on your
the Tow ei ? j part. . ^ r •
Scrj. To mainiuin by force that wliich you ' Here was produced and read the Confesaoo
bad practised against the queen's majesty's of Hickford, to the Srd Article,
commandment, which was the Marriage with { Duke. I advised her, toucLing her son,
the Scotish queen. that she should first be well assuted that he
Duke. I had not then dealt with it.
Sifj. It is well proved that you had ; and
afterward, at your liousc at Charter-House,
you received letters, messages, and tokens
should be bestowed among her friends. For
her castles, I advised her, that she should in
any wise take heed, that they might not after
come into tlie hands of her enemies ; for so if
fiK>m the Scotisli qaen ; you received from her she dehvered Eldinbuivh-Castle, she should not
a brooch, with u bund cutting down a vine;
and this poesy upon it, yiracit vuUier^Virtui^
But, mv lord, do green vines grow when they
be cut r And a green vino it was.
Wiibraba^it. My lord, you still say you deal
not at tliia time, or that time, against her ma-
jesty's commaudmeut ? I pray you at what
time, shicc her majesty's commandment upou
your allegiance, did you forbear to deal witli
the Scoiish queen ?
Serf. Beside this you have given advice as
a counsellor to the Scot.sh queen, against the
queen's majesty : namely, when in Treaty be-
tween the Queen's majesty and her, there were
three Articles propounded on the queen's ma-
jesty's part ; the one for the deUvery of her son
into the queen's majesty's custody ; the other
t)T delivermg the English rebels tnat were fled
into Scotland ; the third for delivering of cer-
tain holds in Scotland into English men's pos-
session : he gave advice herein as a counsellor,
i^nst the queen his sovereign lady. The Ar-
ticles were esuresslv sent to the duke to have
his advice, before that the Scotish queen would
resolve of any Answer ; and she respited her
Answer to be made according to his direction.
He gave advice, that she should in no wise de-
liver her son, for it was against her own safety,
not knowing whether she delivered him into
ber friends hands or no. As for the Rebels,
alie should in no wise deliver them, for it were
against her honour : and as for tlie holds, she
should not deliver any ; for it were against the
safety of her friends in Scotland.
Duke. For advising not to deliver the
Rebels, I deny that ever I gave any such Ad-
vice. As for Delivery of her son, I advised her
be safe in Holyrood-House.
Serj. How standcth this with the duty and
oath of a counsellor, to give Advice to a foreign
prince against the queen's majesty ?
. Duke. I excuse it not, iiercin 1 confess my
error ; I beseech you call not these my inferior
faults, wiiich I have confesses), among the
greater wherewith I am charged.
Serj. Thus appearetb how he hath ghco
Advice against the queen to the dcr>tish queeo.
Now it shall be further proved unto you, thst
wliere the Scotish queen is here in custotty ss
the queen's prisoner, he hath also been privy
to devices for conveying her away.
Here was produced the Confcsijion of Ba^
ker. Oct. 5, 1571. Article 13.
Duke. This is not true, savin};; that indeed
advice was broken to me of convex iiig her wsj
at a window, at a gallery '(^end, in one of nv
lord of Shrewsbury's houses, of the which win-
dow the bishop of Ross had taken a nten&ure;
but this device was overthrown nt such time
as it was told me. As for that which Barker
hath here confensed, it is utterly false.
Serj, Now shall you hear the duke's own
Confession.
Here was read tlie Duke's Examination, 13
Octobris.
Serj. Besides this, the duke hcin;]; in prison
in the Tower, made a Submission to tlie queen*s
majesty, confessed his error in (iealin» with the
Scotish queen, and promised, upon his faith
and allegiance, never to deal with that Mar-
riage, or with any other motter touching the
Scotish queen.
Duke. I confess I did so,
Serj. Before his sulfsnil'in^ his said Sub-
no othenvise but thus, that I wished her to : mission, he first made the Sioii^h queen privy
bestow him there, where she might have sure ! to it, and sent her a double ofit.
friends.
Serj. Thus, contrary to your oath, allcgi-
Duke. I sent it to the Li^liup of Ross.
Set}. All is one.
ance, and iidelity, and against the credit that - Duke. I confess it.
ou would fain be thought of, you became, I ^rj. What should move rr.y h»rd of Nor^
piuc this Mar*
person,
she
by your own confoision, a counsellor to a . folk now so earuestly still to pnr^
foreign prince against your own sovereign j nage ? You &ee he liked not the
ia<iy. : was not of good fame, he so signified to the
hurki^h. My lord, did you ever desire to queen, ..e so reported to Bannister. The
ave any Proo^b or Witnetaes produced for kingdom ot' Scotland he esteemed noCi and als»
Lav
I
9y7]
^ATE TRIALS^ UEliz. 1571.— ybr Jf^ATWowii.
[991
it was out of htr posseasion, in the haiidfl of
Uie kioe her son, 1^ her own ditmiaaton ratified
hj pttnianeati - rorsooth he bad an old blind
iropbecj Ijiog bjf him : In eseuUatione Luiue
Jjt» guccumbet, Sf Jjto cum Lcomb confun^tmr^
4* cmtuli eomm rtgnahunt ; which belike is
thus to be ezpoanded, At the exaltation of the
Moon (which was the rising of the earl of Noi^
tlmmberlaod that giveth the moon) the Lion
(which is the queen's majestjr) shall be orer-
tbrown ; tJien shall the Lion be joined with a
Lion Twhich is the duke of Norfolk with the
Scotiso queeoy for t^ey both bear lions in their
arms) and their Whelps shall reign (that is,
their posteritjt shall have the kingdom).
Duke, i do not remember any such Pro-
phecy.
Serj, It was in your own keeping.
Duke. What should I do with it ?
Serj. Such hlind Prophecies hare ofl de»
ceived noblemen.
Duke. This is nothing to the purpose ; I
kept it not to any such end.
Serj. You uttered it to your servant Hick-
ford.
Here 'Was produced and read Hickford's
Testimony.
Duke. A toy ! You see I call it a foolish
Prophecy.
Serj, Where had you it ?
Duke, I remember it not.
Serj, Hitherto have you heard the Evidence
to prove the duke's imagination, compassing,
and conspiracy, to deprive the queen's majesty
of tiie crown and her royal estate, and so to
bring her highness to death and destruction.
For proving this his intent, you have heard
those matters proved, his practice to join bins-
self in Marriage with the Scotish queen whom
he then well knew falsely to claim and pretend
title to the present possession of the crown of
England : also his prosecuting the same Mar-
riage without the queen's majesty's knowledge^
against her highness's express commandment
upon his allegiance, against his faith, promise,
and submission ; yea, to pursue tbat with
force, and to use the advice and strength of
his friends to maintain the same force against
the queen; hb hearkening to blind prophe-
cies, money by him lent to the Scotish qneen,
and against the queen his sovereign lady.
If then his purpose so were to pursue it with
force, it must needs follow, tbat the same
must be of intent, imagination, and compass-
ing, to deprive and depose the queen's m^esty
fix>ia her crown, royal esCOlc, and dignity, and
to advance and maintain that false and usurped
title of the Scotish queen unto the present po»-
session of the crown of England, and so conse-
quently, for maintenance of his imagination
and purpose, to compass the queen's majest3r'8
death and destruction. Now shall you further
hear Proof of his own words, declaring the
saaie intent to pursue the Marriage by force,
and rather to lose his life than to grve it over^
CaveKdish's Deposition.
Xhat at his several Journies unto the places
of the queen of Scots abode, the duke pro-
cnrtd biin to Uboar the cause of .his Marnage
with ber with all diligence. Item, That her
majesty bein|( at Soutfemmpton, Richard Cao«
dish, a certam night walking in his chamber,
and perstiading' him by all mvans to labour for
the queen's favour concerning that Marriage ;
the duke affirmed, that before he lost that
Marriage he would lose his life; and said more-
OTcr, that if ever be handled thing wisely or
ctmningly, I would say it was the matter of
that Marriage, if I knew it from the beginning.
Item, That the Monday at night, after the
duke's departure from Southampton, Rd. Can-
dish being at Hayward-Honse with him, in tlu
campany of the lord Lnmley, the duke and th^
said lord Lumley, talking secretly togethe-
soridenly the duke brake out into this Speech '
* Candish,' quoth he, ' is able to accu'^e me <
no disloyal practices.' Whereat the lord Lum-
ley, as it were wondering, * Can he ndt indeed,'
quoth lie? * No indeed/ quoth the duke; and
turning to Candish, said, * Candish, I in this
case defy thee, say thy worst.' To which Can-
dish answered, ' Besides the practice of this
Marriage, I truly can accuse you of none.'
Item, The duke, at another time, in the said
house, asked, Candish, ' If God take away the
queen's majesty, whether he could assutr him
of his brother Candish, and procure his smi4
brother to promise onto him sir Robert Ning*
field ?' Item, At his last being at Remming-
hall, among many others talking, lie had t»s
speech; 'Candish,' quoth he, 'nothing will
undo us but the Rising of tlie northern lords.' -
To whom I answered, God forbid that any
soch thine should be, for it will undo us all ;
whereat he replying, said, * 1 tear they will
rise.' •
Duke. The Duke looking upon Cavendish
with a scomftd and smiling conntenance, said^
You are an honest man ! That which he saith
of the Talk between him and mc at Southamp*
ton, is utterly false : At that time you were
niost earnest on my part, and came to me as
for succour, for that' as you said your cousin
Christmas was fallen out with you. When we
rode to my lord of Pembroke'^j, you came to
roe and told me, my lord Burleigh fiudeth me
well, I will ride with him and find his humour,
and I will facethat fellow thoroughly ; so from
Salisbury you said you would ride to Leicester,
and so home with my lord Burleigh, and you
doubted not to bring me such word from him .
as should satisfy me. You told me how my
lord of Leicester was firm, and sir Nichofas
Throckmojrton my sure friend, and that they
would both join to deal with the queen for me;
and how sir Nicholas sent me word, That ht
doubted not the queen would take order to m ,
contentation at her next coming to a staid hous'
Then came you to London, and though I lia
no great liking of yon, yet because you weu
loth to lie at Arundel's, and were sOmewhnt ill
at ease, I let you lie- in my house. I never
made great account of you ; my lord of Leices-
ter made us first acquainted : your brother m^
i>99] STATE TRIALS, ! I- Eliz. 151 i^^Trial of the Duke of Sorfotk, [ICXK)
know was not mv friend. I tllen look von as
I now find ><iu. Wlnle \ou could liold on,
you siiewed vour Letters Cljat yo\x did »rite on
lay betialf ; then you came to me and said, you
bad neetl, and burrowed inimcy of mc ; I had
Done at that time, but i sent it vuu by Bowes
I wHb wiirned bv divers oi niv t'liondt to take
m m
}ie««i oi' yi'U ; \ou de^tt v.iih Dic-r and wiih
Struuui^t: very nialiciun^iy. As tor the Speech
ttt Keniiuing Hull, tluit you speak of me, it is
untrue; 1 dealt not viiih yju there ubout any
such mutter; I left you at London, I looked
uot fur you; wlicn you came, I was glad to be
rid of you; you said you were goinj; to Nor-
wich, and i wa^ glud you were Koing, and willed
you to h.iok at my house at Norwich, and teli
mc how you liked it: out of the north I lieard
nothing in six neek> before. Yciu suddenh
blipptd away from me, and thrn carnc 1 up to
\jn\idim wuni ; yi*ii arc ;iii hijiiesi man, indeed !
It is all fuUe that he hath said.
Tiien Cavendibh beiian to rt'port :md justity
ivhnt he had said, and to put liic OuLe lu re-
Weill hranrr, » hen the duke ^:ivc him reproach-
ful wurds o{ diti.re'l t.
Serj. He i;i suorn, tiit re nerricth nn more
proving ; yuu sent Havt.-n> tii ih4- e;irl nf Wt^t-
moriiuid.
I'hen was alledsed ihr* KxniiiiKiti'in of one
Haveli ig louchint; Ha\er?>, whom tiie dule
t III to the ( < rl of Northumbrrluui, with this
i^Iessiige, ' ihiiL It tike two euris ?hobld rist,
I • ^veie uiidiiiie.*
Duke, Tiis luny he sern of twii years old,
•:)•! t>v ine fiiliv litTiiirtdand niiswt.*ied.
l]<ea was rL:id the Coiit'i!>sion nf Ha\ers.
Tiieti wixa uiitdved a Letter of the .Scoiish
quel ii's in ry^Jier to tiie diiKC, encr lining, that
lUv |i;rd nf Ni.irv\shiirv h:id roid her, that the
euil of NortliuiiilteiUiiid w:i> deinerfd to the
carl of.Siis-ev; for which iiie wits ^i-ry sorrow-
ful three d:iv?» together, for fi-nr of cumbering
uf friends it he were t-iLeii.
•yr). What rMcnd> w:..s she s.«i careful for,
tliat sl:c \M'iite to the duke, unle."? •^iie thuught
it should \\\i\\\ tipMii ilicdiike himsilf?
Duke, That letter never Ciiinr' to my hands.
Str'j. It WIS found in the ba" winch vou
Willi fl to 1h! burned.
Then the said letter was read.
Duke. All this i> nothing to me.
Scrj. I'his provedi in you a practice to the
Aitormey. Now ytm Irave heard enough of
die first matter. In this indictment are coo-
tained three principal Ireasi/ns, whereof the
first is iniasinmganflconspirinvtbe deprivation,
death, aurt destructi jn of the queen's majesty ;
for proof hereof, it hath been trulv saiit. That
to imagine, compass, or prr>cure tkte deposing
or deatli of the pnncc, is Hub-Treason by the
fttatute of *23 Kdw . 3, and at the common law :
tor the statute is but a Declaration wlutt «a«
Treason at common law : which Imacination.
when it app( areth lf\ overt fact, must needs be
judged 1 reason ; i'.r overt f.ict is but a shcwmi;
of a man's mind, wliieh when a man bv outward
speech or deed haiii uttered, it must neeiis be
judged tliar m) was his meaninc ; whiib must
be gatii'.'ied by sucii means, as it may be roadie
to appear. For uo traitor is so b(»1d, to »ay ex-
pressly, he will depose or kill the kine; but
often 11 hath been seen, that they go about in-
dirt'crli, and by rie-i'.is that tend to that eud:
and therefore he tiiut goeth ;d>out to stir tlie
people to rebellion, or to levy war within the
realm, to a9:>'.iii or withstand the prince by force,
i> t.iken to seek the death of ti.c prince. Now
therefore to prove that the duke of N uri jik iiatli
iiiiagiri«*.l and coitipa«>^cd the deposing and
death ot' tlie queen's majesty, tins hath bccu
she we- i you : tirst, \ty secret and iodircct meatis
he sonjiit to join himself in Marriaf^e with tlie
>cotish (|ueen, wImi pretendeih title to tLe
queen's crow n. Tiiis he did w ithont the queen's
privity, against her highncss*s express com-
maiidinrnt upon his allegiance, against hi?
own promise and submission. Fir^t, beins
at Yoik, a (.'oinnii^sioiier appointed by the
queen, cmitiary to l.is oath and charge, he
dealt uiuiiiectiy and partially, ami played
an untrue part with the queen ; he secn-dr
practi'^ed tor the Marriage. This being ob-
objected against him, he liath deDi(*d it :
yon have heard it testified by three Wit-
nesses, the earl of Murray, I^dincton, and
the bi^h<Jp of Ros«. .s<> it appearrth, that ail
the praclH'e and indirect dcaiing was Co this
end, to compass tit*' Deprivation and LVath ut
the qiieen\ majesty : tor iil' wrii knew that the
>co:J^ii queen inatk- 'I'ltu* to the present p>)S-
session ofibe crown of Knsilnnd ; ihai she de-
nied the qneen*'« majcsry to lie lawful queen ot*
this re ilin ; th.'!t >hf u?ur(*eil the royal stik-;
th:it .'111' quarte.td ^hearm^iof Kngland wiilmui
Rebelliiin : for all tier sorniw- of the yjeldini! of i any d ilVitiire : all this he knew, he »as ut'ilie
the earl ot Northuinberland wa>, loi te.ir he | queeu'^ pri\y rouncd at the same tune; U
should tiewray and ciind»er her frienHn. ! knew- th.it !>lie iinde no rtfiuincintton of licr un-
Duke. That touchedi not n;e ; for I am , J<is( L hum, tiioogh il were required of Iht. It
sure the earl ol' NiirthuinbcrlHiid hath bten ! whs aI>o one Aiticle in the Coiumi>>ion wlierr
buiiiihr t'or ine, and vet lie cannot accu^'e me.
•S«//. 1 1, id jt not Luiiccrned you, it had not
teen written to you.
Duke, ^)ome Letters nevtr rame to my
bands ; sometime they came lo the bi>hop lif
Koss, Miineiiine to lianni^ter, Stunetiine not all
deciphcre>l; a^Straunge and B->we«, ainl other
that have been nicw4cni;eis for me, ran tell.
Here Mr. Attorney l>egan to pros(M:ure tlie
■ccvnd i'wt, and tpakc hrst to ihi* elTect:
he him<>t If Wiln Cominibsioner, To require the
Koeognuion of her trror, and of the ipieen's
majesty's pnseiit ri^hi : he knew well it «ft9
not done. If tiie Scotish queen claimed su(h
present title, tiicn was sihe no friend lo tlif
i|U(.en*s maje^ty, but a seeker of her hichncss's
overt hrma' and destruction : and yet the duke
of Noriolk knowin*; this, prncliscd to compass
this Marriage. Wherefore, i pray vou, soiijiht
bt^ Uiat Marriage ; yea, and sought it as he
1001]
STATE TRIALS, UEliz. }57\.-^far High Tmxsan.
[1002
nemit to achieve it^ith force? It was not in
reipect of her person, for he knew her not ; it
could not be for anj good report of her virtuous
conditions, for be had an evil opinion of her :
be did by iiis writing certify against her, he de-
clared to Bannister that he thought very ill of
her ^ It was not for her Tide to the kingdom of
Scodand, for neither was she possessed of it,
neither did he esteem it though she had it.
Mr'herefore sought be her then? surely in res-
pect of that unjust Claim and Title that she
pretended to the present possession of the
crown of England ; which title cannot be main-
tained without evident purpose to depose the
queen's majesty, and to bring lier to Death and
I>estruction, which is plain Treason by the
statute of 95 Edw. 3, for no more can England
bear two queens, than the world can bear two
suns. And how should we have maintained it,
but with force? And how could that have been,
without depriving of the queen's majesty from
the royal estate? and how could that have been
done, without compassing her higtiness's death
and destruction? for the jealousy of an usurper
cannot suffer the just prince to live. This your
honours arc to search and consider, and to your
judgments we refer it. Now my loril of Nor-
folk's chief and only Answer is but his bare
Denial, which is no sufficient Answer; specially
fith he himself hath fallen into so great discre-
dit, by doing against his word, his hand, his
oath. He promised, being commanded upon
bis Allegiance, never to deal in that matter ;
be promised, by his Submission under his own
band, utterly to forstike it, and to deul no more
srith the Sci>tish queen for that Marriage, nor
any other matter : he promised by outh spe-
cially taken when he was Commissioner f'lr
beanuK the matter at York 'to do therem direct-
ly and indifferently without partiality. All
tbese Oaths and Proniises he hath broken, he-
tide the outh of a counsellor which he hath also
broken, in disclosing the queen's secrets, and in
secret practising against her express commund-
ment. Now albo, since he was last appre-
bended and cununitted, he hath denied certain
things, wliich he hath afterward, being constrain-
ed with strcntith of proof, confessed ; yea, he
bath denied those things upon his outh, wliich
be hath afterward gninted to be true: so is he
not to he bcHeved upon his word, if his own
word discredit him, 1h>w great soever he be in
degree.
Duke, Upon the Statute of 25 Kdvr. 3 he
inferreth, that it is Treav)n to imagine or
oomfia^s tlie Deprivation and Death of the
queen's majesty ; as tiie Lor.l forhiri, and I
pray God I may sooner be buried in the earth,
than I bliould seek or attempt :my thing to the
l^truction of her majesty *s person. 'I'herc is
a Maxim in law, that pt'nal statutes must be
construed strictly^ and no penal statute ought
to lie extended further than the very words.
Now in all (hat my accuseps have deposed or
said against me, how false soever it be, there is
not one of them that say I went about any
hurt to her majesty's person, or that I levied
or practised to levy any power against her, or
to do any of those things that are contained
for Treasons within the words of the Statute.
Is the bishop of Ross a sufficient Witneae
against me? '1 here be points enough in the law
to prove him no sufficient witness: He is a
stranger and a Scot ; a stranger can be no suf-
ficient witness, much less a Scot : for whereas
when there is pe^cc between the queen's ma-
jesty and A foreign realm, the people of that
foreign realm may freely come and traffic in
this realm ; yet though there lie a peace be-
tween England and Scotlami, if a Scot come
into England without a passport, he may be a
lawful prisoner. Again, I cannot tell what he
may for fear. Bracton saith. That Witnesses
must be Uteri homines^ tree men, full age,
honest, and of good report : the bisliop of Ross
is none surh. So is nothing proved of any
Overt- fact against me, neither am I accused by
any hnt the bishop of Ross, who can be no
sufficient Witness against me. What care i
what Hamlin suys? It toucheth me not. As
for Havers, I never sent him with any such
Message : indeed I asked him what company
he found with my brother of Westmoreland.
He told me, he found none but my brother
Westmoreland. But as for my lord of Nor-
thumberland, I sent not to him. If I might
have brought forth my Proofs, I could have
brought forth proofs of good fame, that I sent
no such message ; I could have proved it by
Confessions, and not by hearsay. So is only
the hithop of Ross Witness against me, ancl
what he is, all you perceive. I never heard of
the Rebellioij, till sir Henry Nevill told me of
ir. If I had had such a mind when I was in
Norfolk, I needed not to have come hither ;
I rould have made a shift well enough. lf*I
had intended any such Rebellion or Treason, I
would not have put my lord of Northumberland
in trust withall, nor yet my brother of West-
moreland, nor would have come hither to put
my'head in the halter in the Tower : but be-
ii)^ as 1 was, in such place where I might have
shifted, I would have kept me firom coming
here well enough. If fear had moved me, and
that I doubted of mine own case, I could easily
have avoided. So, I say, to prove me guilty
of Treason, you must shew some overt-fact
that I have done against her mnjesiyV person :
And to the Witnef>ses, I think 1 liave ^aid suf-
ficiently. As touching my deahng with the
Scotish queen, so far as I dealt withimt com-
pass of Treason, this 1 say for my meaner
faults, inferior to treason, I have with all re-
pentance and humility submitted myself to the
queen's majesty, 1 beseech you confound not
those witli this case : but in my dealing with
her about Marriage, I pray you draw it not to
>uch intention, to advance her title against the
queen ; because though she once made such
chiinu yet considering wliat amity liath since
been between the queen and her, to make her
now an enemy, is hard ; and surely to nuirry
her^ though I treated of it, I never concluded,
minded, nor intended. Where it is said 1 wa^
U)C3] STATE TRIALS, U Eliz. 1571 Trial qf the Duke of Norfolk, [l()04
pt-ivy to tlie device of her taking away, I utterly
deny it. If 1 hnd been so, I would not have
be6ii ngniubt her, nor uuuld have certified
against her ; I ever advised her to submit her-
self to the queen's majfisty : but u hen no overt-
fact of Treason can be pmved against nie, to
bring me in thus by arguments mid circum-
stances, I think it \ery hnrd. If I should have
stolen her awav, I could not do it alone : was I
so ufstitutc of friends, tbnt I could not make
any man privy t->*it? And who is there that ac-
cuseth me of it, that may spend five marks ri
Y€ar ? Now silli nothing is proved against me
by any Witness suBicient, 1 besc(.>ch you con-
5ider favourably of me. Indeed my brotlier of
We^tuiorelnnd scntmc liisman \%irh recommen-
dations; uii'i t sent biro, by his man, a ring
wiiich my filter bad sent mc before ; and also
llu\i;r» with this Message, * Cunmiend me to
my Brother of Webtmorelund, and tell him
that I am well, mine Jnnocency shall deliver
mo :' but 4iuthiug toucliing any Uisin;; ut all.
If ever I were privy to that Rebellion, then
condemn me of all the treasons tliat you lay
against me.
Attorney. My lord and I arc now at iesue
upon this point ; I affirm it with Proof*, and
his lordship barely denietb it. If his in cent
were to compass the Marriage, k;:owii)<; her to
pretend title to the present possession of the
Crown ; tlien must this grow to an Imagining
to depose the queen, and then it is 1 rcason (i).
An OTcrt-fhct is a Declaration of the MimI ;
Letters, Tokens, Speeches, Messages, and such
like, be overt-facts. Now if you had married
her, you must have maintained her prctonde.l
Title, which you could not have done without
manifest purpose and compiLssing to depo^«
die queen, and to bring her to death, which is
High-Treasoo. Now beside, there is one other
fiict, wliich I will give you in Evidence; which
most evidently proveth the duke of Nortl>lk'&
Imagination and Compassing to depose and
destro}' the queen. It is well known that Pius
5th tlie bishop of Rome, U the queen's majes-
ty's notorious enemy, he hath been so publish-
ed ; he bath so shewed himself in his proc!*ed-
ings : he hath shewed it in his Bulls, they have
l^een brought into this realm, and some have
suflered for them. The duke of N orfolk know-
ing it to be so, hnth practised with his factor,
hath sent unto the pope tor aid and force npainst
the queen: he conferred with one Uodulph
a Merchant Stranger, to go uver sea to the
duke of Alva, and to the pope, in the name
of the Scotish queen and tlic duke of Nor-
ii>lk, and to procure power to invade this
realm, for the advancement of the Scotish
queen's false Title to the cro^rn of this realm ;
and in the menu time, the duko promised to
move hr>r triends to levy such power as titey
were able, to assist the strangers when thev
came in. If this he proved &> you, then is it
flat Treason. 1 o use force n^inst her majes-
ty in her own realm, must ne^s be done with
(i) See 1 Hale's Picas of the Crown, 120.
intent to depose her, which force she mu»t
needs resist ; which if she be not able to do
then followeth her Death and Destruction.
My lords, here goeih still bll to one manner of
purpose, his own bare deniail, aad allowing of
no bulhcieiit Witness ; but here God liimsclf shall
he witness: tliis is aniatter opened by God him-
self. It was known, that a Treason was in hand ;
many searches were made to understand it, no
man could by any travel fmd it out, till God
himself opened it ; so as the Saying is tiilfilled,
' What is done in secret shuU be m:ide open.'
The Treasons my lords of the council knew of;
it appeared in April last, that such a Treason
was ; but whom it toucheth was not known to
them, no not to him that opened it. So at
Gnd luith opened it, to aflirm these mean meti
to be of credit. The Treason bemg known to
the privy council half a year together, yet could
they not understand the party, till God dis-
closed it by marvellous clutnre. In AU(;uat Issi
there was boO/. of money prepared to be sent
with Letters into Scotland to the qucen*s ene-
mies, for their relief and maintenance, and by
(he duke ot Norfolk's appointment to be con-
veyed to his man Bannister, and so into Scofc-
laiid. This money wns delivered to one Brown
of Sll^e•v^lJlU'y, by one of the duke's servaats,
one Hicklbrd ; who said to Brown, *' ilere is
r)0/. J pray you hrlp that, it be conveyed to
]M:*. Baimi^trr's dwelling near Shretvshurv.'
Brov\n hiivinir received the nitmey, thoutzh the
bulk w::*^ somewhat like the proportion of 50/.
in silver, yet tbe weight, by renson it w:isgbld,
made him suspect it : whereupon he went to
one of tliC queen's ])ri\*Y council, and distlfjscd
his suspicion, that bO he might leain what be
carrietl. This b lu; being opened, there wis
found COO/, in pold, and certain letters withal,
to the queen's enemies, and to Bannister :
Whereupon the duke's man, tiiat sent the mo-
ney, wiis apprehended ; nmi tlien, by Gods
good providt^ncr, was it t'lund that ibis Trea-
son touched the duke of Norfolk, under the
Name and (^iphcr ot Qua. ante 40, and an<tlier
nobleman wns siunilied by the Cipher of
3 Trentc. 1 hen tell out new matters : certain
of the duke's servants oxninint'd, whether they
knew of any Cipher used to any man by the
name Quarnntr, they confer. "cd (hat Quaraitti
was the duke of Norfolk; they were kept in
sevend places, tho bishop h1«o a prisoner in a
phice several from them ail, and yet tliey all
agreed in one. So God's work haih en forced
their credit by their acreenicnl, being severally
kept. Thus cmne it to li|:ht by God's own
work. Now see what the cunSfe was: Tlie
great Treason was contiiinetl in letters wiitien
in cipher, to one sisrnitied by the Nondt.T Qaa*
rantc ; tiiis Quaruntr w:ii ilir the duke, wnd htt
the duke con fesseth. Wh:it cati^e had they u
suspect him? letters fiom ^tidolpb nrjdenu>n*
tion of tTfeal Treason, nnd of provi^ou <i!'inrn
fnim beyond rht* ?eas, to inva'df this realm* ac-
cording to his order and request who was
meant by Qnnrtinte. If rhrn we shall prora
unto you that Rodolph had this Message aud
J003]
STATE TRIALS, UElu. mi^^fdrHigh TrtoMm.
[1006
Commi&sion from tbe Scoti&h queen and the i
duke of Norfolk, to treat witii tlie pope, king
Philip and the duke of Alvii, for the bringing
in ol 10,000 men to invade England, and to
make war aguinst the queen in her own realm ;
there must needs be compassing to depose the
queen, and to bring her to Detuii^and so Higli-
TrcusuD : For he that will levj force to invade
or make war in a prince's realm, and that in
maintenance of a Title to the present enjoying
of the crown, doth what he can to depose the
pruicc, and consequently also doth what he
can to destroY the prince. Now to prove that
the duke of Norfolk dealt in this manner, sent
iliis Message, and practised to bring in this
force of strangers, and to levy Wur against the
queen within the realm, it shall be gfuni first to
shew what manner of man this Rodolph was :
Ue was one that lived divers years here in Uiis
realm, a notable traitor and enemy to the
queen and realm of England, and of long time
the pope's Factor. In the duke's first Trouble,
this Rodolph was suspected of such practices,
and therefore by the council committed to the
custody of Mr. Walsingham till October was
twelvemonth; and for that no evident matter
appeared, he was delivered again in the No-
veuil*er (olio wing : So soon as he was deliver-
ed, )je by and by opened to the bishop of Ross,
That he was Fai-ior fur the Pope ; he shewed
him his Coumaisidion, mid sundry Letters writ-
ten to him by the pope*& nuncio in France,
aliout matters of the practice a long time.
This K(Klolph was well known to the Scuti«h
queen, the pope himself nnd bis nunc'o recom-
mending him to I lie Scoiish queen : The duke
was mtide privy of it, and in:ide him privy to
his dealings, and kept it secret from the queen
and her council. Wlien the Hull wits brought
over, that Felton died for, this Rodolph had 5ix
copies of it, and dibprrsed them ; whereof he
gare one to the bishop ot' R()s«=, one otljer to
the Spanish amhassadur, and the tliird to the
French ambassador, and the rr^t we know not
what he did with tliom. Now the duke know-
ing him to be such a oi;e, he was a fit man to
deal with. That he was such a one, and that
the duke well knew it, and sent him in message
to I he duke of Alva, and to the pope, you
sliall see plainly proved. Then whut his mes-
sage wu«, you bhall see also di^clofced, and liow
things hidden uill, hy GoiPs providence, come
to light. The Lcilc»^» wctc written in cijjhcr,
aud deciphered, '.ii>d the Cipher hid in the tile«4,
and found by ch.'.nrf; bo as it mny appear
God's oiftti work tu ujKO these I'reasons.
Here the DuketooA exec, ''"•n to his saying,
that the Cipher \\Q!» foun<l iti the tilei) ; and
stiiil, it nai' not tl.c Cipher that wusfuund theie,
but tiie Alphribct: vi ti.e Duke alwiiys in his
Spe< ch called the I^tter:i or matter written in
s'.rauc^ character"*, the Cipher ; and the paper
of the i.'h»nu.*tert thcmselres ho called the Al-
phalrtft, which Mr. Attorney u::ualiy called the
Ciphtr.
Then was read the Bishop of Ross's Confcfl-
tiop the 9d of November, to the 5th Article.
AhiO Ross's Confession ad 7 Artie, litera 6.
Ahio his Confession the last of October, Article
93. All this the Duke denied, and said, I
never saw any Letters from the pope, but one,
which I will speak of anon.
Then was read the bishop of Ross's Confes-
sion to the 6th, 7th, and 8tJi, making mention
of a Pnoquet, wherein was one Letter to the
duke, by tlie title of Quarante, Then was
read the bishop's Confinsion, dated 26th of
October, fo« 9. conoemiDg Andrew Beton's
coming.
Mt, The Dttke had these deciphered, and
read them.
Then was read Barker^s ConfesBion, 6th of
Nov. Art. 9.
Att. ThuspiainW appearetb, that the duke
was privy to these Messages to the pope, and
Conlcrence with hit Factor : now it resteth to
understand what fi>Uoweth of this course begun
with Rodolph the pope's factor; what Mes-
sages were sent; wliat practices devised;, and
what ensued. Upon thi\ Letter, the Scotish
queen wrote a Letter to the bishop of Ross,
wherein she wrote back a Discourse of her
Estate and Device, what she thought best to
be done, referring all to the direction of the
duke of Norfolk. Here is the Letter itself to
be seen. — This Letter came to the bishop of
Ross ; he sexn it over to tlie duke, with a Letter
from the Scorisb queen to the duke. This Let-
ter was deciphered, and found hidden in the
duke's house under the mats in an entry, in
tlie way as the duke went to his bed-chnmher :
tlie Ciplier itself was found in the tiles of the
liouiie. This plainly dcclareth, how the dnkc
in detiling with the Scotish queen and the pope
pursued his purpose of advancing the iScotish
queen to the crown of Fngland : that the
Scotish queen was in practice for it with the
pope, and referred the Dispatch of Rodolph to
the duke; and the receipt of those Inters is
confessed by llickford, and by the duke him-
self.
Here was read the I.ctter of the Scotish
Queen to the Bishop of Ross.
Alt. By this Letter appcareth, how the
Sc'jii'-h queen hath set out the whole Plot of
t)ic TreiLson : a Me^sage should Wsent for Aid
from foreign parts; Rodolph tlie fittest ninn to
be the niesscr.<;cr; and that Rodol^ihsiiould be
diFpatf hcd tu go about it, when the duke of
Norfulk would. The Device was to move king
Fl.iiip fur Aid, upon a consideration of hef
Siute here, to enter into deliberation of the
; time and opportunities to set her friends to
I field, and lo isi i/e themselves of her. This is
' col.•t'tr^Si.d by lllcktord ; arid this Letter is also
confcs^e.i I Y the duke himself, that he received
it about Jantiury was twelve-moniii, and it was
hid under the niatis.
Dul.t. I hid that the Letter should be burnt.
All. Gud wonid not have it so ; bat that it
s):ould remain for di&closing the natts
Duke. As touching Rodolph, whdl
of man he was, is uo va^xxAt \o tKA\ '
1007] STATE TRIALS, 11 Euz. 157 1— TVw/ qfthc Duke (f Xorfolk, [lOOS
no more, Uf>r am to be charged with no more
than I in>'seli'am privy to. I ne\'er dealt with
him ;Uiout any CHuse of mine. I received no
S'jdt Jjcuer, but that wtiich Barker said cujne
i4'oiri iiim, wlvch was not that of January that
you speak of, about two years ago ; and as fbr
loaiructious and Letters about that January
was twclve-uiunth, I received none.
Burleigh, Here the lonl Burieigh said to
Mr. Attorney, You may mistake, it was this
time twelve-month, for now wc are in January.
And so Mr. Attorney remembering this pre-
sent month to be January, referred the Letter
to January now a vear past ; and said, This
Letter that I now charged you with, came to
your hands at this Jaimary was twelve-month :
It came first to the Scotish queen's hands ; she
took occasion upon considering her own case
here in England, in France, and in her own
country, that it was best for her to cleave unto
Spaiji. She wrote to the bishop of Ross her
Discount to that end : she counted Rodolph
the 6ttest messenger ; matter was devised tor
his Instructions; she referred the Dispatch
wholly to the duke of Norfolk ; the duke dealt
in it, his Message appcareth. And thus it con-
tinued till March ; and then, according to the
Plot before laid, Hodolph was dispatclicd, and
went over indeed.
Duke. What was delivered to Barker, I
know not ; that is nothing to inc. I am sure
they will not say they delivered it me, nor
that I received any such Letters or Instruc-
tions. This I say, the bishop sent me a Letter
of the Scotibh queen*s, together with a letter of
Us own : in her Letter she complaineth of her
own subjects, and saitli, she will seek other
means for her rehef This Letter was decy-
piiered; I misliked the Device, and bad chat
the Letter should be burned; so the Let-
ter in Cypher was burned, and the Alphabet
was saved. I sent word that I misliked all
those devices, and I advised the Scotish queen
to depend only upon the queen's majesty, or
chiif it* she would take any other cnu^e, bjth I
and all utiicr her friends in England, would
give tier over; and thereupon it was that I said,
that the queen, if she fell to such practices,
would publish her Letters and Doings to her
infaiiiy. I'pon which ray words, the bishop of
Ross excused himself, and laid all this matter,
of thid new Device, to Bey ton and Rowley.
It ib not true that Barker made me privy to
any such Message or Instructions, as hath
been alledged. Also he is not to l>e allowed
for a x^itness against me, for he haili confessed
Treason against himself; and persons outiav\-
ed, or attainted of Treason, are no suiiicicnt
Witnesses.
Catlin. My lord, there is none of those
Witnesses, that have declared matter a^aiiitt
you, outlawed, or attainted of Treay)n, or yet
indicted.
Duke, They are worse ; for they have con-
fessed Treason.
Att, The bishop of Ross, at this time, was
MO custody. Mid these men also that have con-
fessed against you, were also kept in custody,
kept asunder in several places, and beverafiy
examined, agreed all in one, and your own
Confessions agree with them . how c^n thi» be
imagined and false ? All these do t(*stify it with
j one consent. The bishop of Ross, when he
first came to the city, was examined of tbeie
things, he denied all, he stood in it eai^
nestly; when questions were asked him, he
said, He was an ambassador, and not so to be
dealt with, but to be referred to his own mis-
tress the Scotish queen. When he was com-
mitted to the Tower, and there again examined
seeing things confessed already ; and by the
manner of the questions that were asked, per-
ceiving some light that the truth was knowa :
then he confessed also, and in Kis Confessions
doth agree fully with Barker and the rett;
which consent could not possibly be, if the
matter were not true ; besioes that, he hath in
his Confession touched himself.
Duke, They have not agreed in Confession
against me, that I told them any such thing :
but one of them told another, and so from hand
to hand it went among them.
Att. Well, you see what is confessed, and
with what consent we are at issue ; here is but
Your lordship's Denial ; I leave it to my lord^
here to consider of the Proofs. If you had
been a good subject, being then a prisoner io
your own house, wheb such dangerous matter
came to your understanding, you would hare
opened it, tliat the queen's majesty and her
counsel might have provided to withstand
them, but you did it not. The duke of Norfolk
found flat Treason intended ; Rodulph was the
messenger that procured it ; the duke knew it;
Rodolph was referred to the duke's Dispatch,
upon the Conference of the bishop ul Kws
and Rodolph about the matter, and the Scoti>lj
queen's willingness to have him sent alraut the
matter. Thus it proceeded: It was agreed
that Rodolph should have his Message in nrit-
ing; and at the same Conference, Barker being
al»o among them, it %\ns agreed, and set duwa
in his Instructions, that Ins Message should be
this : lie should go to the pope and the kiui;of
Spain, in the name of the Scotish queen andoi'
the duke of Norfolk, to require of them money
and men for tlie cnterprize. Rodolph requirfll
to speak with the duke: Barker bnmj^ht lum to
the duke at lloii aid-house ; there they taliicil
together, the duke and Rodolph a \vhoie hour,
till it was nine of tiie clock at lu^ht. After
this Talk, tlie <luke delivered to Barker a Paper,
saving, tiiat Rodolph left it with him; itliirb
Paper cnitaiiicd the 2>uin uf the Treason, und
therein wn^ also a Paper of the Names of div«.i
noblemen, knights, and gentlemen in CiplaM,
whom they counted that tluy would take the
duke*s part, but they counted without thtir
host ; so that there was for e\ery name a CV
plier, of the which 40 was -for the duke, and
uO for the lord Lumley. Barker recei^-cd it of
the duke, and delivered it again to Rudulpb-
Upon this Cipher of 40, fell out tlie undenuo^
ing of the Treason.
loog]
STATE TRIALS, HEliz. yS'l.— for High Treason.
[1010
Here was read Bnrker\ Deposition, 10 Oct.
Interr. 8. Item, Barker co the S9 Interr.
Alt, In this Bill the duke i^ proved to be
40, the duke himself hath also cuiite!>!>cd that
40 standethTor his own name. Barker brbufrht
Rodolph to the duke, which the dukeulM) con-
fessed, and that Barker brought him instruc-
tions for llodolph's money.
Here Mr. Treasurer and Mr. Chiincellor of
the Ezchecper, sworn, did tebtify that Barker
made all these Coufetisions freely, without com-
pulsion. Also Mr. \Vilson, sworn, did testify
the same ; and that Barker uas never oiftrred
torture, nor wa« once in the prison where the
rack was: but the- duke said Barker saw where
his fellow had been.
Alt, Did not Barker bring Rodolph to you
•t 9 of the clock at nigiit ? Did he not leave
with you Instructions in French ?
Duke, I confess it.
Then was read Barker to the 16th.
jiff. Rodolph came aNo the second time to
the duke ; after he was come from Che duke,
be said to Barker, That the duke and he were
agreed of hib Journey, and that the duke prayed
hun to depart with speed. This Message was
to procure men and money for the Entcrprize
of the Treason ; and on ttiis Message the duke
dispatched him.
Ihtke. Touching Rodolph*s coming, I have
indeed confcsseii tt.at lie came to me. I was
in summer was twetxe-month hound in recog-
nizance fur 1800/. to Kodolph, for my lord of
Arundel, and for niy hrotlier Lumley ; the day
was passed wlierehy I stood in danger of my
recognizance. I sent to Rodolph to intreat
him to cancel my rei oHnizance, and 1 (iilcrcd
to give him 20 yards of vdvet; Rodolph would
not be persuaded, but desired to spcuk with nie
himself, which Barker reported to me. I was
very lotii that he should come to me, Cor he was
in trouble at my last trfiuhle, and so I thought his
coming to me would be suspicious. Barker pro-
missed that he would briii;^ him to me secretly,
and at such a time as it should not be known to
make any suspicion. So Rudolph ctinie to mo,
and I didv^ hat I <*ould to intreat him about uiy Ke-
cognizunce, and I could nut persuade tiini more,
than to pronii>e thi.t he would not sue me. lie
told mc of hib tniuMe and of bis Imprisonment
at Mr. Walsin^hanj's, and what words Mr.
Wulsin^ham gave unto hiin, also of the Scotish
queen; and (hat ht: ith<»uld deal with the duke
of Alva for Moncv tor iicv to Iicr owr. use, and
for necessaries, ns jje lind done before. Me
prayeii also uiy I>tt't:rs in the Scotish «jueen's
ter as is allcdged aghinst me, nor received any
, other insti uctions, but only as I ha%'e said,
about my own matters.
Att. My lord, this is but your own saying,
and it carrieth no likelihood : but Barker goetli
nearer to you : he telleth you plainly what the
Instructions were : it was to king Philip for
men, and to the pope for money.
Duke, Barker hath confessed himself m
Traitor, and therefore is no sutficient Witness
against me. I never knew of any surii Bill of
Names, nor such Instruction in French.
Ati. It is sufficiently proved. Now Ro*
dolph came to you agiiiu a second time.
Duke. I deny it : he came no more to roe.
Att, That is not so : for Barktr telleth
plainly, not onlv the time, but also the several
ways by which he himself btought Rudolph to
you.
Duke. There beN^'ays enough, he might have
devised also a dozeu ways mo. e, if he would, in
that hoube.
Here was read Barker ad 11.
Att, Lo ! he telleth you which way Rodolph
eame to you.
Duke, So he may de\-ise more ways when
he will.
Att, Now you shall also hear it confessed
by the bishop of Ross, who at the time of his
Confession was in prison, not knowing what
Barker had said.
Ileie was read Ross*s Confession of tlmt
matter. Here was also read Rosse, the Gth of
November.
Alt. Here you see how the duke agreeth
with Barker. And there was read Rosse more,
the (jth of Xuvemher; how Itodolph made ac-
count of hi'i time, and of hi.*) leturn before the
parliament endc(l.
Then Mr. Attorney made a brief Rehearsal
of the Matters contained in thosf* (.'onfchsions,
and shewed the Agreement of Ross aiid Bar-
ker; and then wub read Ros«, foI.S. tonchiiig
Rodolph's Account of his old soldiers, that he
could bring against the Eniili^li, nf the duke of
Medinu'» <-(jniing, of 7(K)0 Spaniard^ to be
spared. Now the duke bad sati«<ried Rod 'Iph
for \us credit, and tiiough the d<jke »ul)»cribed
not, yet if the duke were a Chri-^tian man, he
was Kssured of hnn, and so would assure foreign
princes on the duke's part.
I'hen wa*) read the Confession of the bishop
of Roris, to the 18tl .
Now sI.k!! you hear further : Rodolph, be-
fore his XdyUj^c, moved to have? letters of
credit, tlmt he might deal with foreign piiures;
favour to the <lnke ot Alva : I bejran to mislike , whereupon three Letters were deviled, to com-
hiin, and was hith to write ; I boujrhl ways to niend Rodolph to the i'ope, the kiuR of 5>p«in,
shift me from him ; 1 ^aid I was not well at and he duke of Alva, and to give him credit
ease; 1 could not wriU-, and it was lali-, and in his Messape, that he niinht be ab[e to pro-
so I wouhl not deal. A^ for the Hill of Name?),
I SAW mme such, nor understood of any such,
till the Letter that came o^cr from Rodolph
about Easter. I delivered a Writing to Barker :
I cnnfesH it; but it was about that matter
which I have coufe^*<c■d already ffjr my Reco^-
Biiance; auU so I dealt not with any such mat-
VOL. f.
cure Aid for the Scotish queen, and for thcad-
vancLinent of the Caihoiic Faith. The duke
answered, I iun loth to Avrite ; ibr if I write,
the queL'u'b n)Hie«>ry hath great intelligence,
and so if my Writing eV.ouUI come to light, nil
were marred ; and bn he wouW ■»»* write.
Th^ii the bisliop of Ross, tod B i
ti T
STATE TRIALS, U Euz. \51\.^Ti'inlof the Duke qf Norfolk, [1012
1011]
earnebtl} with hhn to subscribe the Letters ;
but be v^ouid uut. Then, at length, it wab ad-
vised and agreed among them, that it'tiie duke
should send one to the Spanish embassador, to
declare his assent to uilirm the Letters, it
should satisfy Rodnlph and the foreign princes,
though he subscriled not : wherewith tlie duke
was content, and ^eni Barker with the bishop
of Ross, and Kodolph, to declare to the Span-
ish ambassador, thtit the duke was content
to affirm the Letter, and to let it pa^ss in
bis name. And so the Spanish embassador
recommended Rodulph*s Message in the duke*s
name, without the duke*!» subscription.
Here was read the bishop ofRos?, ult. Oct.
ad 20. — Also Barker wiis read of the same
mutter.
Alt. Thus it is plainly proved : and if they
say true, as it can not be that they can so agree,
if it were not true ; then can it not be denied
that the duke i» guily of all this Treason.
Duke. Here is too much at once for me to
answer without book ; my memory is not so
good, to run thiou^ii ei'ery thing, as they do
that Inve their books and their norcs lying be-
fore them : therefore, I pray you, if I torgot to
answf r to aoy thing, rtnieniber me of it. — It is
said, 'I'hat there are two or three Wiint^scs
against me ; all this two or three are but one
witacfis : for Rodolph said it to the bishop of
Koss, and of his moutii the bishop told it to
Barker, and so from mouth to mouth ; they
aie all but one witness. Besides that they
have confessed themselves wholly in '1 reason,
and now they would bring me in with them
too ; and so aie no suOicient witnesses agaiiist
me. Note, 1 prsty you, the Advices, and see
how likely they are : ten thousand men mu^st
be landed, w hereof three or four thousand must
be horsemen ; they must land at Harwich, and a
port in my county ; neither is Harwich a port
m my county : and I am not of so little skill,
that I would have three or four thousand horse-
men land in Essex, the nnfittest place for horse-
men to land in all England, a county best in-
habited of noblemen, gentlemen, and other
ability to resist them : And who would land
horsemen in Essex, a county all full of lanes,
woods, ditches and marshes? I would have
chosen some other county rather, if I had been
so minded. Again, in respect of Religion, I
would not ha\e landed them in Essex, that
came to destroy religion, and so should Irnvc
found but little itssistanct*. And would I have
brought in pow(?r, or joined with them to the
overthrow of Religion r It hath lately been said
by that side, that I could not be recovered fn)m
my religion : I would not be changed from my
rc?ligion ; 1 had rati er be torn with wild horses.
Besides that the county of Essex, adjoining to
the county of Sullolk, is mMSt unfit for that pur-
pose ; no county in England more replenished
with protectants nor of tittier ability, and none
more hktly to withstand papists. As for mov-
ing of f lend:*, I nevi r dealt to move auy person
in the matter; I nc^cr made pMvision for it ;
I provided uo armour, hut^ powder, nor money.
I made no friends prify to any such intent.
Some presumption it is, that if I bad intended
any such matter, I would have made some privy
to it. 1 was no otherwise so destitute of
friends, I would have provided armour, shot,
and pov\der; I would have provided money;
I am sure there was not much money found.
For armour, I had not at my house liere past
eight armours which were of proof, and a hun-
dred harquebusses ; and besides this, I bestow-
ed not 10/. in armour these ten years : powdar
I have not two barrels ; yea, not above a bar-
rel in all. So see the likelihood of their de-
vices; no conference of friends to take part;
no provision of furniture ; a country, both in
reliiiion and situation, unapt for the matter, —
Where they say Rodolph told Barker, and
Barker told me; and Barker came from Roii
and from Rodolph to me, and from me to Ross,
to declare that I was content to affirm the Let-
ters of Credit, I deny it. As for my consent,
that th^ Spanish Embassador should affirm the
Letters in my name, how unHkely a thing it is,
that I was content to atlinn them, but not to
subscribe them ; as if I knew not how small is
the difference between suiiscribing aiid affirm-
ing; and as if I had such slender wit. Ro-
dolph never came to me but once ; indeed I
heard that Rodolph would fain have come to me
again the second time, but I would not ; Barker
earnestly urged it, but I refused. To please
the curious Italian head of Rodolph, they de-
vised it among them to deal with the Spanish
embassador. As for me, I never lieard from
tlie Spanish embassador in the matter ; 1 never
saw him but once at my Lord Treasurer's. I
was angry with Barker for going to him in my
name ; and he excu>ed it, and said, he could
not otherwise content the bishop of Uoss and
Rodolph : and so that affirming of the Letters
wa^ Barker's own doing, and not mine. I
would they might, in our private E^Laminatiuns.
have been brouiiht face to face with me. I
could have put thr m in mind of things ; tbev
have confessed Treason of themselves, and
they would bring am in with them, and lay it
on my shoulders. I am hardly handled, I iuivt
been 18 weeks committed, 1 can speak with
no body ; if I might have had them face to
fiice, and been aUowed to bring forlli my proofs
I would have brought forth direct matter and
proofs, and therewith made them remember
themselves. Consider, I beseech you, what
they be that accuse me ; the presumptions be
in all likelihood, that I should not so do ai
they accuse me ; and as for them, they be per-
sons that have accused themselves of Treason,
and so be of no credit. As for mine own £i-
aminations, they wholly agree m such sort as I
have here declared in mine Answer.
Attorney. Your Answer is nothing but bare
ditiial : and here are . three Witnesses against
you, and all three severally examined, have
agreed in one; and Barker hatS directly ciui-
fessed ; and if you doubt of impulsion, you sImII
hear how willingly and how freely he confessed
it, because the same Examination was taken
1013]
STATE TRIAI^, UEliz. 1511,— far High Tretuon.
[1014
before sir Thomas Smith, and subscribed with
his hand e Mr. Wil>on upon his oath declared
the sa'me to be sir Thomas Smith's hand.
Duke, Where it is said, tlrnt I should bid
them to write, or should atinnn their Writing, it
is not true. Indeed Banister spake to me to
write for Money ior the Scotish queen, and I
refused to do it. If 1 should have dealt in any
such matter, I would have trusted one Banister
afore fifteen Barkers. And as for your number
of Witnesses in this manner by hands one fix>m
another, twen4y witnesses may prove but one
witness.
Att, You shall hear your own Confession
freeing with them : you were content Rodolph
should use your name to the duke of Alva, and
that be should assure the duke you were a
Catholic, and that he should shew tokens to
prove it, for that you kept papists in your house,
and were a friend to papists.
Here was read the duke's Confession, 10
Oct. ad interr. 58.
Here his own hand confessed the matter.
Duke. I saw the Instructions indeed, and
this mutter was in it. They sought to have it
thoaght I Has a Catholic, t(} serve their pur-
pose, and did put it in of themselves ; but I
allowed it not, I would rather be torn with
wild horses than foisake my religion.
Att. Tliese Instrnctions remained still in
your custody : why did you not burn these, as
well as you say tliatyou commanded the Letter
to be burned ?
Duke, Because it was their writing and not
nine.
WiH>, You are content it shouKl be extant ;
to what purpose was thut if you misliked it?
Att. Your lordship shall yet see further a
Letter of the bishop of Koss, written to the
Scotish queen, wherein the whole plot and
course of the Treason is plainly set out ut
large ; the letter came to the Scotish queen's
hands while my Lord Steward was there, which
my lord steward affirmed. So the Letter was
read.
Duke, The bishop of Koss is no sufficient
Witness against me, for the causes that I have
declared.
Att, I leave his credit to nty lords here to
consider, let them weigh it os they see cause.
Xow come to consider your own doings; since
your last Imprisonment^ Letters have been
conveyed unto you, and you have sent letters
abroad, by many subtle and secret ways of con-
reyaoce, one letter you sent out written with
red-ocre, wherein plainly appeureth that you
feared the matter, and that something was con-
fessed, and that you were afraid of more ; you
willed the bishop of Ross should take all upon
biui, because he was .an ambassador, and that
m Baf; of Writings sliould be sought out and
burned.
Here tlie Letter written in red-ocre was read,
niiirh tlie duke confessed to lie his own.
Att, This Letter guvc occasion to seek the
Bag, and so i^ere the Writings found under |
boardf fwt nailedi and thereby was understood
that Quarante was the duke ; and so by God's
work broke out the whole practise of the Trea-
son. This Letter was directed to nobody.
Duke, It was written to Biiyly, and Bayly
received it. I can nnsv^er this letter well
enough. Here I am chartied with two matters,
for matter of my Confessions, and for burning
the Bags of letters. As for that which is there
said, that I confessed nothing but what I saw
confessed by others, the truth i» I received a
Letter wherein I was charged, that I had ac-
cused some falsely, I wrote to satirify, 4 hat I
had not accused any of any matter of Treason,
nor could if I would ; and this was the mean-
ing of that part of my letter.
■ Att, Where is the letter whereby you were
charged that you had accused falstrlv?
Ihtke. I kept it not; think you I wouL
keep letters? Burned letiers do no hurt. A«
for burning the Writings in the bag, it maketh
nothing against me in this case; for they were
nothing but private letters of the Scoii^h queen's,
written before and when I was Ipst in trouhie,
long before this matter. At Banister's coming
up at Easter last, he brought them to mr, and
I willed Barker to lay them up : what needed
such searching for elder matters? I bad them
be made away, for they were but private mat-
ters between the Scotish queen and me.
Att, There was the letter that disclosed you
to be Quarantf, whereby the Treason was
known : now here is also another Letter of your
own, which you secretly sent out of the Tower,
which sheweth yotir &;i2iitiness, in the matter of
the great Treason with Rodolph.
Here the Duke's other Letter was read.
Duke. This was only, as I have declared
before, for my conference with Rodolph, fi»r
the matter of Money, both touching mine own
Recognizance, and procuring of money for the
Scotish queen, for her necessity.
Alt, By the whole course of the matter
that goeth before, it is for the Treason, and not
for the Money. Here is also another Letter
of your own, which cnrrieih manire.>t presump-
tiups of the Treason, where, among other thini^s,
you will, Barker to confess no furtlier, if he love
his life : besides other most manite>t suspicious
matters.
Duke. I wrote it not in respect of any fear
that Barker could hurt me, when I willed that
Barker should confess no more, us he loved liis
life: For indeed he might touch himself in
Treason, (as he hath done) but not me, for I
never consented to it.
Att, Now shall \ou see how the matter pro-
ceeded further : After the di>paich of Rodolph,
in Lent last, as he had made shew before, tint
he intended to go ov( r sea, ami was all thi«
while practising about tl.is Treason ; at lengtl
being frighted with these Messages, he caire u
sue to the queen for a pasvport, %^hich w: i
granted him, and he carried over two peldi*.n,i
with him, which is evident proof that he weit\,
over. Now shall you see what effect it took
and by the Answer you shall discern the .Met-
sage, and practice : Being beyoud tbe sea, ao^
1013] STATE TRIALS, HEuz. I bl X^-^Trial qf tht Duke of Norfolk, [1016
having done hih Message, he sent advertisement
to the duke liuw he sped, and hkewise from the
pope; which phiinlj discioseth ihe whole pur*
pose and plot of tlie Treason, as shall be de-
clared uuto your lordsliips.
Here begun Mr. .Solicitor.
SoUcUitr, For that the time is spent, and
your lorcUhips, I think, are weary, 1 will not
now make any coUecLion \^hat hac4i been ga-
thered of the attempt of Marria<;e with the
Scotish queen, only I will deal with the matter
of R(jdulph*s Message, nnd tiie effect thereof:
And the dukc*s adhering to the queen's enemies
and Kbbeh, shall be another part. In this
matter uf Rodolph, .hath been laid before
you a plain plot for a Rebellion, and for In-
vasion of the realm, set forth in the Scotish
queeti*8 Letter, which was deciphered by
llickford, by the dukc*s commandmcnr, as
hath been suid unto yon: the ed*ect whereof
was as hath been declared. — And liere he
repeated the effect of that Letter, containing
tile Device of pirttini; men into the iiiid, and
to s.eize the Scotish queen. Now if the device
VI ere follow eH, and iT the duke were a doer in
it, if he were a consentcr Unto it, if Hodolpii
were practised with Uit the Journey, if he re-
ceived his jMessige to that end, if he went and
pursued it, if he sent Answer accc»rdingly; then
It must needs he that here is mailer of llii:h-
TreaM)n, nnd liie duke of Norfolk puilty of it.
It hnth been shewed by the Drelaration of
Iliirker, and of the bibl)op of Kos-^, how Itodolph
w«b fl.c pope's I'actor, was (-oinineixled hy the
^?col■bh queen tor a fit messenger in this mat-
ter, was conferred vsiih about ir, Articles were
devi«»t<l, they were shewed the duke, and the
duke himself hath confessed that he spake with
ivodolph, and that he s:\w the Instructions.
Now is the question. How far tije Instructions
extended, whether to matter of ]Iigli-Treasf>n,
as haih been alledged, or no ? Hie duke saith
for his excu!>e, That the Instructions were hut
for a private cause of Money, and that when
Rodolph required him to write his loiters, the
duke refn<)ed and cast him off. See how thi^i
accordeth: If it were but a priiate cause,
%vhereio served tlmt refusal to write? As well he
n»i«;ht by Letters, as by Instructions, pursued in
a privnre cause. Wiiat nccdeih that serrct
comin;^ in the night-time about a |.«rivate cause ?
The duke himself confes^cth, ihai the In^tiuc-
tions were shewed him before Rodolph cnnie
to him ; he cunfesseth al->ij that Hodolph wa<
commended by the Scoti.-h queen ; the In-
structions have here lieen shewed, contain-
ing the matter of his Jouniey, and extending
to the Treason : Ho came to confer wilH
the duke. Now let your lord^lli|»s judtc whv,
and about what matters they conferred.—
The bi>hop of lirtss and Barker ^jo, of their
own knowledge, declare, how, for furniture of
tliis Me»sage, there were htiers of credit de-
vi^etl in the name of (he Scotisli queen and the
duke of Norfolk, to the pope, the Spanish
king, and the duke of Alva ; the duke refused
tg subscribe them, for fear^ if he should deal
too openly, the Treiuton might perhajM to
tome appear : ti ereforc a Device was tbund
out how to salve the matter. That he should,
by his servant, aitinn the LeUers to the SpRnish
ambassador, and so they should, by tiie Spanish
ambassa'ior's commendation, pass \«itb as good
credit as il' they had been subscribed. This
Device was performed, his asj^ent was witnessed,
and the letters of credit confirmed accordmgly.
Rodolph went over to the duke ot* Alva, and
from thence to t!»e pope ; be returned ansAtr
of his Message, and gave advcrti^ment to the
duke. Did not he send his answer concerning
the very Instructions that have been alled^ed,
and thematterof Treason, and not of a private
cause ? And to whom ? Sent he not answer to
the duke, by the name of Quarante i Would
Ri>dolph make answer to, and advertise him
that never sent him, and of a matter that he
never sent him about ? By this you may see
the intent of the Message. Now shall you see
what Answer was returned.
The bishop of R«»ss, after this, sent over a
servmtofhis, one Charles Ba>ly, lo letch cer-
tain Books that were printed in those parts ;
bfioks contoinini; very seditious mntier, whereof
I have seen some, hy permission, tend in:: to
il»ese ends. Fir»i, ti erein is mnveytd to the
Scotish queen a Title to the crown of England,
a Descent above the Conquest, and so lab:iur-
ing to impair the interest of all our kin>ij» th^t
have reijrned since the C«)nquest. Tlun tlie
Jud»nient (tf the right of the crown of this
realm is reduced to an universal law wbich
they call Jus Gntiium, un<l the discerning
thereof exejnpted from the laws of this realm.
And of ilmt universal law they establish ooc
universal .fudge, whom tiicy insinuate to be
the pope, wImjsc Bulls you see have passed in
prejudice r)f the queen's majesty's undoubted
right. This Charles Biiyly being in tlu>>e parts
for this occa.sion of the Book'', met with Ko-
dolph at Brussels, after that Hodolph l.ad had
his dispatch from the duke of Alva, a .d was
hasting to the pope; and therefore having haste
of his journey, and much to write, and small
lei>ure, he desired Ciiarhs Bayly to wtmc i\iT
him two Letters for two nublemen of tltii
realm, botli in Cipher : but to wimm rlie
Jxttcrs were directed, Charles himseli could
not tell ; for Rodolph sulKH'rdjed the letierft
hiin''olt', one t(» Quttrunt€, the other to Irtntt,
Charles Bavly brin;;ing their Books and Lei-
ters, was taken at Dc)ver, the booliS were
brought to the Councd, t!ie pucquet of Letters
were conveved awav to the biahop ofRo>s:
and daily more and more grew the suspicion, or
reason of the repair of the bishop of Huss'i
servants to the Marshalsen, where Charles
was. At length tliere were Letters t^ikeu be-
tween the bislK)pof Koss and Charles, mention-
ing the recovcrv of Rodolph'spacquet. lotiiis
pacqiiet was the advertisement of i he success
of the voyage, from Rodolph to the duke, by
the name of 40. This Letter of Kodoiph's
was sent to the duke from tl*e bishop of R<jh
by Barker; Barker dchvercd it to tbednkfi
1017]
STATE TRIALS, U Euz. \57 1. -^/of High Treason.
[lOIB
from whence it was sent back ag^in to the
bp. of Itoss by Gutbert, and hj Gutbert it
was deciphered, and carried again to the
duke by Barker : upon this ocasion Guthert
was sought for, the duke conveyed him away,
nod this conveying away of Gutbert, the duke
hath confessed, u thin be thus, then must it
needs be that Rodolph was sent by him, and
to such end as the letter bringetli answer of. In
the Letter, this was contained. That Rodulph
had spoken with the duke of Alva ; that he liad
very good and loving audience ; that the duke
of Alva lovingly promised all the help that he
could ; and that ne would commend the cause
to the king of Spain his master : and he ad-
vised Rodolph to go forward to the pope, and
that he said be could not do farther without
mor^ warrant, which he would seek to procure.
Also certain questions were asked by tne duke
ofAW'd; as. What fort was between the haven
where they si^ould land and London ? How
near London it was ? So the nearness of Lon-
don was respected, how incommodious soever
your lordbhip saith the place wvm for iiorsemen.
These questiuns belike depended upon the
matter propounded, which touch the Plot of
the Treason, und not a private cause, as your
lordship prctendeth. The duke of Norfolk
confesseth the receipt of these Letters, and
the deciphering of them. So Charles Bayly,
by Rodolph's request, wrote the two letters in
ciphers ; Uodolph liimself directed them to 40
and 30. Charles being taken, and confcsAing
the writing, and hrinmng uf these letters, and
the matter contained in them in April In^t, yet
knew not wiio was 40 nor 30. Thin was
strangely conveyed, treason known in matter,
and yet the person noc known to himself that
wrote it.
Here was read Charles Bayly's letter.
Tbe«te Letters of Kodolpii were conveyed to
the bishop of Ross to debt er to SO and 40, refer-
ing the rest to his Dispatch at Rome. And
this faileth out hIso very likely for the time ;
for Rtidolph departed houie about Easter
before.
Here was read Charles Bayly's confession,
ads.
Solic, Now you see to what end the effect
of the Mes»afEe tended ; you sec v^hat it was,
and bow it was done ; you bf e how it was rc-
ceivedy and tlie duke of Alva's Questions upon
it : now you shall see the contents of the An-
swer, by the Examinations of the bishop of
Ross, and Barker; the receipt of the Ix:ttcrs
of Answer the duke himself linth confessed.
Ihikt. Where tliey say this Message xvas
seut by my privity, by reason that I was meant
bj 40; I deny it ; I never wrote by Rodolph, I
refused to do k, I knew not his letters were to
ine, but as Barker said : and it wiis not likely
they should be to me ; for it was a mutter which
I was not privy of, and in a cypher which I had
not; Rodolph left no Cypher with me. As for
the taking of the pacauet, I knew nothing of it ;
the letter I never saw m cypher ; Barker brought
me a decypher, telling me, That 40 was for me,
and 30 for the queen of ^ts. When he told
me first he liad the cypher, I asked what I
should do with it, and how i should read it,
having no cypher? Barker answered, that ii
was left with Gutbert ; for Rodolph, at his de-
parture, had told him, That he would write
answer of the money for the Scoti^h queen, and
that he would leave the cypher with Gutbert ;
and that he had so done, and in the letters de-
cyphered did appear, that the duke of Alva
liad promised aid of money for the Scotish queen
for her necessities ; but he could not yet do it
for want of commission, but as soon as he had
commission he would. When I heard of thii
I misliked this dealing with the duke of Alva,
having before refused to write to him in the
matter at Rodolph's request; and I threatened
Barker if he so dealt any more with me. The
Letters miglit be to me, as Barker said, but I
knew not so much.
Solic. This your Answer is in all no more
than a bare denymg, and so be all your Speeches,
all upon your own credit only.
Here was read Barker's Confession, ad 9, 3,
concerning Rodolph's Letters in Cypher, and
the Decyphering by Gutbert, and the port
where the Walloons should have landed, &c. —
i hen was read the bishop of Ross's to the 12
and 13, to the same effect.
Ihen Mr. Solicitor recited a^ain the effect of
the letters, and the said confessions of Ross and
Barker, and proceeded farther thus :
You see all these agree in one concerning
the contents of the Letter ; now the Letter be-
ing decyphcred by Gutbert, and Guthert being
able to discover the whole, this Gutbert, when
he was sent for by the council, wan conveyed
away by the duke's means, as the duke himself
hath confessed.
Duke, It may be Barker received this Let-
ter as vou spake of, and that Gutbert decy-
phered it,and that it contained the matters that
you alledge ; it nmy be that they kept that let-
ter si ill tu thcra<ielvi-s, and might bring me ano-
ther letter, containing only such matter as I
was contented with, containing the private
cause.
St)lic, Anunhkely matter; hut thus you
sec the duke confe^H<-th the receipt of the Let-
ter, he only deniotli that it was to this effect.
It was Ci>nfessed, that a letter to this effect was
written to 40 ; he also confesseth, that 40 was
fur the duke himself. The duke of AUa*s
Questions proved the form of tlie matter; the
duke read that Letter.
Duke, I read not that letter, but of another
matter, and you bring but one witness to f>i*ove
it.
Solic. There be two witnesses. Barker and
the bishop of Ross, severally examined, who
agreed directly, eipre6sing it. And Bayly also
wrote the letter himself containing the Trea-
son, and not knowing to whom the letter was
directed, accordeth with them.
Duke, Barker and Gutbert might make the
letter themselves, and put in and out what they
list.
iOiO] :STATE TRIALS, liEuz. J571 Trial qf the Duke qf Norfolk, [1020
SoHc. Why did Rodolph write you a letter
•tall?
Dukc» I know not. Barker presented me
the letters out of Cypher, and I had not the
cypher, nor saw any such letter as you aliedge.
Solic. It appeareth farther, how after this
dispatch with the duke of ^Mva, Kodolph went
forward on his Message to the pope ; and hav-
ing also good success there, he so advertised
again. The pope sent letters to the duke and
the Scotish queen, to this eiTect^That he liked
Then Mr. Solicitor said fartlier to the peers;
I have also, my lords, one thing more to ^y to
you from tbe queen's majesty's own mouth :
The lords that he here of the privy-council do
know it very well, not meet here lu open pre-
sence to be uttered, because it toucheth others
that arc not here now to be named ; but by
her highness's order, we pray that their lord-
ships will impart it unto you more particularly.
In Flanders, by the ambassador of a forei|;u
prince, there the whole plot {i\' rhi!» Treason was
well of their Enterprizcs, &c. Would Rodolph I discovered, and by a servant of his brought to
have gone to the pope and procured letters, if
he had not had Instructions accordingly ? The
duke himself hath confessed »uch a Letter,
conceived there came Letters, both of one te-
'nour; the one by the way of France, the other
by the way of Flanders: the effect you have
heard, and the receipt is confessed.
Duke, Barker indeefi brou^|it me about 6
or 7 lines, written in a Roman hr^nd in Latin,
beginning thus, Dilecfe Jifiy sahitem, I asked
what it was ? and Barker told me, it was a let-
ter from the pope to me : wherewith I was of-
fended, and said, A letter to me from the pope !
What have I to do vt'iAi him, that is enemy to
my religion and country ? How cometh this to
Sass P so I received it, and not otherwise -. and
larker excused it, and said. That Rodolph had
procured it for his own credit.
Here was read Barker, ad 29.
Solic, Thus you see the effect of this Letter,
and how this was directed to the duke from
Rodolph, also by the name of 40, deciphered
by Gutbert, and delivered to the duke by
her majesty's intelligence ; tlie minister not
meaning to conceal so foul and dishonourable
a practice, gave intelligence hither by letters,
and biith therein disclosed the vi hole Treason
in such form as hath here been proved uuto
you : wherefore I refer the more particular De-
claration thereof to the peers of the privy-
council.
Then began Mr. Wilbraham, Attorney of
the Wards, and said to this effect :
Wilbraham, There is yet something un-
spoken, it cousisteth in two points, I ^^ill be
short in both. The matters Jirc plain, and easy
to understand. Let my lord answer, and your
lordships shall easily Judge of them, flere
have been set forth before you the imagining
and practising of the Deprivation and Death
of the queen's majesty, with bringing in of
Strangers into the realm to invade and le«'y
war, with the appurtcnimres both miserable
and many. This request I am now to make,
that for proof of these Treasons, that I will
intreat you to have in memory what hath be-
lt appenrcth, that he reproved not Barker at
all for bringing it uuto him, for Barker brought
it him twice : would he have brought it him
the second time, if the duke had been angry
with him for it at the 6rst?
Duke. I knew not at the first time what it
was, for it was in Cipher.
Then was read Barker's Confession to the
eighth.
Duke, Barker is not of credit, he accuseth
me falsely.
Solic, Hi was your servant, and of near
place and credit about you ; why should he ac-
cuse vou wronyfiillv?
V O ft
Duke. lie was not of credit about me;
for I used him not this M years.
Solic, That is not bo, as hath well appear-
ed. Besides this, the conveying away of Gut-
be rt, which was done by your means, and who
deciphered this Letter, and could have dis-
closed the matter, prove! h a great {[guiltiness.
Duke. lie was conveyed awuy lu his own
request made, and not for my safety.
Solic. You caused him to be conveyed
away, and were privy to Ids a*nveying.
Duke. Barker removed him: indeed I was
pot privy.
Solic. You moved Bowes to join with
Barker to do it.
Barker. The duke received it and read it, and : fore been said ; for thougli the Proofs of these
said, Rodolph hath been at Rome, I perceive ^ Treasons i^e divide to several parts, for case
there will notliing be done this year. By this and shortness, as the seeking of the Marriage,
:*. I. .1.1- J n__i.-_ _^ Roilolph's Voyage, the success thereof, and The
Ueaidence that remaineth, oui;ht all to be com-
pared together; any one nppearing plainly
true, giveth creclit to the rrst. The queens
majesty's pruceediiig in tliis Trial is very ho-
nourable, mild, and gracious: the Confcs^ions
have bten made by the parties freely, wit!:uuC
torture or C'iustraint. You bhall sec each (if
them, and e.ich part so prove the other, h> tlie
whole shall he clearly out of doubt ; where the
earl of NorthumlK'rland and his wife, the eari
of Westfnoreland, Hiihard Norton, and others
in the north parts raised Kcbellions, and levied
open War against the queen's majesty within
her realm ; and beitjg overthrown by the
queen's power fled into Scotlwid, and there
were received by the duke it{ Chastellerov, tl:e
lord Harris, the lord Iliiine, the lord Buccfeugh,
and others, and by them were comforted and
detained against tlie queen's majesty, requiring
to have them delivered. Fler inciiesty bt'uM
denied to have them restored, publi>hed am)
proclaimed open War ngainst thone Detainers
of her Rebel!*, and appdinted the earl of .Sns.ei,
her lieutcnHUt-^enenil, with an army to ix.vuJe
Scotland, and there to pursue thote her cue-
mies, sparing the rest. He entered into t\ff
land, made open war upon them, blew up their
houses with powder, wasted tbeir countries,
1021]
STATE TRIALS, UEltz. 1511.— for High Treason.
[1022
and drove the Rebels out of Scotland. The
one matter now that I am to disclose, is. That
tbe duke of Norfplk knowing all this, yet did
adhere unto, comforted and relieved the said
Rebels; he procured Money to be distributed
to the earl of Westmoreland , the countess of
Northumberland^ and otber of them ; and this
is manifest Treason. 'The other matter is^
That the duke of Norfolk knowing all this to
be true, adhered unto, comforted and relieved
the said lords of Scotland, tlie queen's, ene-
mies, receivers and detainers of her Rebels ;
and this is also Treason. And first for the
aiding of the Rebels: after this Kebcllioii, and
their overthrow by the queen's power^ they fled
into Scotland, (a very bare country) where
they were driven to hard shifls, so were they
enforced to sue to the l*opc for help ; they
wrote to him, the Scoti&h queen wrote in their
&vour to tlie Pope's Nuncio, the matter was
pursued for tliem by one D. Morton : tliis
Morton was he that was the procurer of the
Bull that was sent over aguin^t the queen*s
majesty; this Morton was lie that reconciled
the earl of Northumberlnnd to the llomibh
church, by a Bull of Absolution: he went to
the Pope on their mess:^:e ; the I\jpe granted
theui relief, and wrote Letters in the mean
time to comfort thcin, which were directed
t!»U5 : * Thomaj & Carolo Northumbiro; & West-
nKirlandiie Coinitibus, reliquisqoe NobiliLn^
Catholicis partium Borealium Hrgni Anglian :'
To Thomas and C'luirle*, earls of Northumber-
land and Wi'stinorclaud, and other of the Ca-
thulick noblemen of (hf North pnrls of the
reahn of England. Belike, so calling them
noble in the fulfiiiiiig of D. Story *s promise,
tnat by their rebellious Enierprize they were
now of Worbhipfiil become Honourable.
Here was read the KlFect of the Pope's Let-
ters to the Rebels.
The Letters hereof came to the bishop of
Ross ; tlie money was usr>i';ite<l in Flanders ;
the bishop of RobS sent to ilie duke of Norfolk
for his advice, and for his help to convey the
Money to them. Ihe bishop thought it best
to have the Alonry sent by the West- Borderers,
where the lord Harris wa&, and with him Leo-
nard Davis: the duke, for iheir special di*>-
pleasures to Ijconard Davis, was ' not willing
tiiat Leonard Davi^ should h:ne part of it ; but
had more mind to have liis brother of West-
moreland relieved, and to thrit end he devised
with Bannister ft>r the s(MuIing of the money.
In the mean time, hthold how that course \%as
interrupted: Tiie (piecrrs majesty had a
Treaty with the queen of ^cots, wherein one
soecbd Article was, '1 hat the Rebels should be
clclivered. This liie Scotish queen was loih
and liki d not to do ; she a^ked the duke of
Norfolk's counsel in it; he advised that in no
wi«e fhey should be delivered, for that were too
much ai^ainst her honour: nevertheless, for
that he feared ihatthe Article concerning the
delivery of ihe Rel)cls mi»ht be same sUiy to
a"ch coiiclu*uon, asot1)er\tise the\ nii^ht have
iifccd of, he gave advice that tJie HebeU should
depart out of Scotland. Ross wrote to them
to that end, and therewith sent them the pope's
letters, and so they all departed out of Scotland
into Flauders, except only Leonard Davis,
who remained with the lord Harris and the
earl of Northumberland, who would also fain
have been gone if he might ; and so by this oc-
casion, and by Banni&ter*8 means, was this
sending of the money into Scotland disappoint-
ed. Then was there another Device taken, to
distribute It in Flanders; and because it should
not all be suddenly wasted, it was agreed by
the bishop of Ross, that it should be distributed
raontldy. — This Order was opened to the duke
by Barker, the duke liked well of it, and willed
it to be done accordingly. A man ^wat sent
over for tliis purpose, and the Money distribut-
ed. The countess of Northumberland wrote
over to the bishop of Ross a Letter of Tlianks.
Hereupon report was made to the duke, that
it was done as he had appointed. Now the
duke will ask us, What proof we have hereof?
We say, The Confessions of Ross and Barker.
Against this he taketh exception ; his only an-
swer is liis bare denial, and his defacing ot their
credit. He saith they are Traitors, and have
confessed Treason against themselves, and not
to be received for sufiicient Witnesses against
him. This hath been well answered already
by my lonis the Justices, that by the law they
are suBicient Witnesses. You may not stand
upon your honour and difference of degree, and
thereby limit how far they are to he credited.
But now let u^ examine their credit, and their
likelincss to tell truth, and how meet in tlus
case they are to be believed. First, For the
bishop of Ross, he is a wise man, he is learn-
ed, he is a Bishop, he is an ambassador, a
great friend to the duke of Norfolk ; so far in
credit with the Scotish nucen, that he hath
b'>en the principal doer ol all her aflairs ; so
the fittest man for this Treason, the meetest
man to be used in it, since the Scotish queen*a
Title is the ground of the Treason. Who then
but such a man was fit to be used ? Who
meeter to be heard in such a matter than he ?
A Scot, a wise man, well acquainted with the
innrtcrs, well able to deal in them, ever at hand,
m»d every way the niectest man. He %vas a
i>(or, sov you ; the more to blame the duke of
Xorfolk to dc.'ilso \>ith him, against the express
coinnuiiidment of his sovereign upon his allegi-
aiu e, and ai!ain>t his own faith, submission and
prouii^e, and !:o himself nnworthier man to be
htlievtd ihin the Scotish witness. Why should
the bi'-liop of Uoss accuse him falsly ? What
should move him to it? He accuseth you, he
also provc-th it :. gainst yon ; he is tbe aptcsc
man to know it, \Um aptest of all other to repeat
it. And why will you say he is so oft produced
for every matter against you ? Surely great
cause, i^reat ditference between liim and all
other ; he knew all ; he de»lt in all^ and where
the rest had every one but bin part to play, tlie
bishop of Ross continually kept the stage; he
hiul a long parr, h^ answered all men; when
every man brought forth their tall ies, Ua \Lfi\X.
STATE TRIALS, li Eliz. 1571.— TnW qftJtt Duke qf Norfolk, [l024
1023]
the &tr>cks of all ; he spenketh of thnt he tin-
rlerstiiiidoih, he ^pcaketh credibly, he cnrrieth
proof nnd consent of other. Speaketh he of
miilice ngninst the duke? That cannot )>e, the
(iuko never oH'ciidrd him ; the diikc was ever
his greatei-t frirMnl, and l»e the greenest friend
to the duke, and the chief advancer of the Mar-
ria>;e that the duke so earnestly souo^ht, as
most beneficial; he hath in his Confession
touched his own mistress, upon whom he de-
pended, to whom he ought no malice ; he hath
disclosed tiie treacheries of tlie pope, him he
hath otfendcd, he gets no more benefices at his
hand ; he hath olfended the king of Spain and
the duke of Alvn, he is fallen out with all his
friends, he is tullen from all his commodious
hopes by his confession. Besides that, how
liiith he told it ? Not at the first as of malice,
and de^irdus to do tlie duke a shrewd turn ;
but with leisure, after other former confessions.
He held olT, and disclosed nothing, till his face,
though it were a face of brass, could no longer
withstand apparent truth disclosed by others ;
except he had been mad and a stark fool, as he
is vcrv wise, he would not liavc thrust himself
i;-.ro all those hardincs^i*-, to (ell an untruth to
his own so «;rcat loss ;uid Jiindrance. Would
he, beiiia; wi-e, for malice to the duke of Nor-
fiilk, undo his own iniHtrtss the Scotish i^ueen ;
and hiin^ upon jiimsclf the hatred of the duke
of Alva, the i*p;'.iiii.h king, and the p^pc ; and
fso lr)se tdl luM friends, and make them his foes,
and indangcr himstlr, and undo himself, with
confessing Treason against himself, for only
malice of the duke of Norfolk ? It cannot
Ije true ; 1 must needs believe him because
it is Treason that he speaketh of the man's
own faculty : he is a credible traitor. If
he had told us a matter of virtue, good life,
and true religion, it had been a vanity to hear
the bishop \i^ Hu^s speak ; hut speaking of
Treason, he is the skilt'iilic.-»t man, and nicetcst
lo be heard. As for Hirkford and IJ'.miiistir,
they he both still in credit, cho duke cxrepteth
iioL ;'!|;:nn«>t li-.em, and yet they arcust? him
dft'ply. T'tr coinparisuu of their Vahiiband
Crt-i'.it, the duke is noble, and the>o are said
not :il Ic tu spend five marks. What then ?
I:i..hrd their h«MH>ur is lt>^. but their iiiidrT-
>!.i!i(!irg is crcat, and their cieelit suliicicnt.
Marker is mi^liked, anrl counted by the duke not
worrhy to be belii'ved. It i» inislikcd that he
is still brou;;!it forth, he is ns the base insrru-
mmt still phiyed on. There i-> guod cause why
the duke r«o continunlly iisfd hiiu : you must
underisinid that thiniis nm^^t he done by means
and ill^ rnnu'iirs : tiie liejd"* need the s( rviee
uf inirrior nuniheis : the heads d> devise, the
liand^ and 'h*^ f« et du put in ex 'cutioM. ff the
duke of \()iio!k hliiiu'vl f )r evt/rv MebS'i<jr and
in.iiti.T ti> be treated \\i'h the hiOmp oi' Kos>,
Kodolph, and the >>p:niisl) en»h.i»^Md »r, urotlie--,
have himself' iruted throngb dirfv Ji^iui'lifif Id,
•nd the Mreets of l^md'm, unto Thame.'^
itrcet, aihl oiher plarc«, it must needs have
been Mondcred ar, and would not have been
without notable 9 uspic!')n. But Barker, a sly
fellow, sufKcient for skill, exercised in the mat-
ters, acquainted with I lie practices, might well
go dreaming to all places without suspicioo.
Sometimes upon a robbery or a shrewd turn
done, the lengtli of a foot in the snow, or in the
mire, hath betrayed the doer; so the foot may
sometimes accuse the head. Barker was one
of the duke's secretaries, privy to his greatest
alTairs, the writer of his Ciphers, the common
carrier of ciphered and deciphered letters, the
common conveyer and sender of his MesMgn
and Letters between him and the queen of
Scots : tfie duke himself agreeth with tliem in
confessing of kundry circumstances of the mat-
ters, which he calleth his errors and inferior
faults ; with these men he dealt in them him-
self, gave them credit, therefore it is no reason
himself should take tmm them the credit q(
their confessions. — But he saith there are bat
two of them; the fault is in the duke of Nor-
folk, there are no more, foe there are more if
tliey were here, and by the duke's means they
are absent : Liggons, Gutbert, and Kodolph
could tell it aUo. The one of them, Ltggon^,
he hath sent, awav, and findeth hhn in France.
Gutbert, as the duke himself hath confessed.
the duke hath caused to be carried away. R«>-
dolph '\*y by the duke himself, sent out of tlie
realm on his message, and not returned, it is
no reaM)n that their absence excuse him, for
it is not reason that he should take advauia^
of his own wroni;, th»t hath made them be
absent ; so their absence must stand for great
Testimtiny against him, and be judi^ed to con-
cur with them that are present, and have con-
fessed.— Kodolph, the greatest Testimony «'
all, is in pei'M)n withdrawn ; but hi^ liCttfn
speak lively. He hath testified by hisLettcJ?
a;;:iinst the duke, and of a matter that himaeli'
v^eil ktU'w, not constrained, nor examined, but
with the tenor and course of the proceeding o!
the Treason, advertising thedukeof ihransiier
of his McssajK*. You say h<.' dealt for you in
other private matters, not in the I'reastni : it
that were s^i, then the pope had not gi\eii hiro
ch iTRC to deal with the S^itish (pieen, and ]t<^u;
the .^^cotish queen had not commended him lu
yo!i ; the In'-trnct.ons hid not been so pennivl;
the Answer had nf)t been *so retur:?cil. Bui
s:.:th the duke, It is true, Kodolph talked with
me indeed, he refjiiire<l my hctttrs to the eiiikc
of Alva, for the Scot i'*h queen; he mov»il oc
about these matter? ; Imt I was ancry with hiffli
I would not write by him, I departed fnimhim
in aui^vV, and tlius in iin>:er away he went.
And whither went lie ? Kven strait to iheduiC
of Alva, and from tlipuee to the pope, eien tu
the saiiic places and pcis it>s to wnom lie ^hnu'd
liMvc gniic fur the duke, if the duke li:id he<n
without anper, ke<t pleased and contentful
witii his Jijurnev. To whiit intent, and of" whit
MessMj^e went he thither? FAen the wmf
th:it the duke said he was anjjry to he moved
of. and refused to w rite in. What ett'eci l)atl>
il ? Gentle audience, great promises and igre^
ment to the requcsrs, as if he had travailed tut-
for a laan angry with the matter, but nasi d^
1025]
STATE TRIALS, UEuz. 1 57 1. -^or High Treason.
[1026
lirout. What Answer returned he? Even the
stme that accordeth with the Instructions con-
ceminf( the Treason, the very pint and ground
of his Message. He reporteth Questions n*>ked
by the duke of Alva, agreeing only with the
matter of the^ Treason, and no private case.
Would he have written answer to him that sent
him not? Would he have written as to please him
with good^evi's of a good audience that sent him
not? From whence departed he in anger? He
writeth of the course to be kept in execution
of the Treason, which he would not Ir.ive done
19 him that was angry to hear of it. He brae-
ceth of his 10,000 Walloons, old beaten Sta-
men. If the duke of Norfolk had been a true
man, and angry with the matter, as he now
smith, and done his duty; though they had
come, his Walloons, his old beaten soldiers,
mighi have been so new beaten of the old
English Aishion, as they were never so swinged
in their lives.
This Point Mr. Attorney spake with such a
grace, such cheerfulness of heart and voice, as
if be had been ready to he one at the doing of
it; like a hearty true Englishman, a ^ood
ohristian, a good subject, a man enough for
bb religion, prince and country.
If the duKe says it was the Scotish queen's
metsagv only, and not his (for advancement
of her wrongful Claim by force) he knowing
this, Why sought lie to marry her against the
qiiecn*i majesty's will, and to pursue it by
rorce ? If he say it was Barker's single device,
to tend these messages, to procure these Trea-
•Mt, and work all these mischiefs of his own
bead ; to what end I pray you should Barker
do it, but to advance the Marriage of the duke
bis master, and the Scotish queen ? And was
this without the duke's privity ? Could Barker
compel the duke to take a wife at his pleasure?
Examine now all these Witnesses, and wei^h
tlieir credits togethtr ; consider ihcm severally,
their credits are great; join them altogether,
thej be much greater, hut severally examined,
and all according in one, they l>e greatest of
all, and not posbihie to be falsi*. Add to that
the duke's own Confessions of circumstances
eoncerning himself, and their uttering of mat-
ters of Treawn against themselves; consider
Uie difference of dangers in telling truly or
faUely : for if they uttered it, and it were true.
then stood they but in danuer of their bodily
life ; if they should faUely acoiise, yet that ac-
cusation su^Rpring against themselves for trea-
sons, they lost both body and soul, in faUely
accusing others. 1*he duke was their master,
th^v his senants, and his true servants, and
aucli ai» were to gain hy his prosperity; would
thej untruly accuse him, the stny of their pre-
ferment? For though thev he traitors, and how-
soever they be otherwise without credit, yet
against the duke of Norfolk they are well to
be believed.
Now on tlie othiT side consider the duke's
own credit, which he hath by his own doin<!s
impaired and made inferior to these of low«r
degree : You have heard of his oath especially
roL. I.
taken for the Commission at York, to deal
truly and sincerely ; he kept it not, he so dealt
as it an oath were of no great weight with Mm.
His oath of a counsellor he hath broken, both
in disclosing of secrets, and in giving advice to
a foreign prince, and a competitor of the
queen's crown against the queen's majesty his
sovereign lady. Now may it not bo that
these men of mean degree and value, against
whom it is not alled!;ed that tliey have been at
any time i>erjured may be produced and cre-
dited aganist him that hath so little esteemed
his oath? I have heard also, that there was an
oath wilfully taken upon a bible, in denying of
things laid to bis charge, and yet the matter
found true, and by himself within a short space
confessed : so that his oath, his hand, and his
word, bear no sway with him. — He submitted
himself, he subscrilnd his Submission, and
sealed it; he ndded solemn promises upon his
faith and allegiance, not to proceed in the mar-
riage between the Scotish queen and himself:
but he kept not touch, he broke promise also,
and yet he saith his hand, mouth and heart go
together. If they go together in the right way,
it is well ; but when tliey go together in un-
truth, it is evil and dangerous : tlierefore it is
not for my lord of Norfolk to stand so much
upon the discrt>diting of the Witnesses, and ad-
vancing of bis own credit, which himself liath
so much decayed. Now I will go to the Proof,
Duke. 1 shall hardly come, after so smooth
a tale as Mr. Attorney of the Wards can tell ;
yet one good proof I have to my comfort, that
they be as please your lordships to weigh them.
If you would not have dealt thus untruly with
me, I wouki not have taken exception against
them, though I chiefly challenge none but
Barker, in whom you may, see what fear may
do ; besides that they have confessed them-
selves Traitors, and so' men of no conscience or
credit. It is well known that Barker's stomach
is nothing; he hath been known well enough.
Fear hath done much in him. The bishop of
Ross b also a fearful man. As touching
Barker and tlie bishop of Kuss, Bracton hath a
saying. That witnesses must be frtcu.en and
not traitor?, neither outlawed nor attninted.
Cattin. None of them be outlawed, attaint-
ed, or indicted.
Duke. I mean not that they were indicted,
but they be in as ill case, for they have con-
fessed themselves Traitors. He saith also, they
must he legalts^ lawful men, and so cannot
stran^^ers be, us tlie bishop of Koss and Uodolph ;
it is these strangers that charge me only ; the
other having dealt so disloyally and confessed it
against themsehes, are not to be btlieved. As
tor Barker, 1 have not used him for my serre-
tary these 13 years : he entered with the bi.*>hnp
ofUoss, and dealt i\ith him in these matters
against my knowledge.
Catlin. Bracton indeed is an old writer of
our i-iw, and by Bracton he may beaWiim-s;
a stranger, a bondman may l)e a v«iti)C'««<^ :
ask you all the Judges here. — Aud the Judges
attirmed that be may.
1027] STATE TRIALS, H'Eliz. 151\.— Trial qf the Duke qfNocfblk, [1028
Duke» If a Stranger be to give Evidence
whereby lands bhouid be recovered, you shall
not recover upon that Evidence given hy a
Stranger.
WUbraham, This were a strange device,
that Scots might not be Witnesses ; for so, if
a man would commit Treason, and make none
privy but Scots, the 'I'reason were uitpunisli-
able ; and so were n kind of men found out,
with whom a man might freely conspire
Treason,
Duke, You say my Indictment is only upon
tlic statute of 25 Edw. 3. That statute btand-
eth upon three points, compassing the Death
of the prince's person, levymg of War against
the prince, and aiding of the prince's enemies ;
and all these must be proved overt-face. If by
any way, by any overt-fact, you can prove that
I have directly touched the prince's ))crson, or
done any of the said things that the statute ex-
tendethlto, I will yield myself guilty. If any
thing be doubtful, the Statute rcferreth it to
the judgment of the parliament.
Cailin. Usage is the best expounder of the
law, that is, the common use how the statute
bath been taken and expounded ; and the
same statute is but the declaration of the com-
in(jn law.
Duke. The preamble of the Statute n to
bring the laws of treason to a certainty, th:;t
men may certainly know what is treason.
Attorney-Gcn. You complained of your
close kecpmg, that you had no Books to provide
for your Answer ; it seemeth you have had
books and counsel, you alledge Books, Sta-
tutes, and Braccon ; I am sure the study of
liuch boo)kS is DOt.your profession.
Duke, I have been in trouble these two
J rears, think you that in all this time I have not
lad cause to look for myself }
Attorney-Gen. But if you stand still upon
proof, whether you have done any thing to the
destruction of the prince's person, if the lords
upon the Evidence already produced, do think
the matters true in fact that are already
silledged against you, surely the same must
needs be construed a compassing of the
queen's Death; for the Iiaw of Treason hath
«ver been largely construed for the prince's
safety. Think you that practising to levy War
witliin the realm is not Trciison ? Yes, indeed
is it; and a compassing of the prince'b Death.
Sir Wilham Stanley's Ca^^e was this : he did
but send Clidbrd over sea, to ficarkon and send
him word what IVrkin Warbeck was ; that i*
he thought Perkin u a> such a man as he \va-
said to be, he wuuid take h;;? part. Thiswtis
Stanley's Case, and this was judged Treason,
and a compassing o\ the king's Death.
Here was read Barker's Confc&sion the (5th
of November.
Duke. I never dealt w ith that Money, nor
heard of it ; I dealt not at that time uith
Barker, nor heard any thing of the rebels,
iiuce they went into Flanders.
Then was read the bishop of Ross's Con-
(icMion of the same matter, 6 November, ad 5.
And again Rots, 6 Nov. Fo. Also Rots, 99,
of 1700 crowns sent by Moreton's means, aad
what Moreton was.
Wilbra/uim, You hear how the Mooey was
procured ; how it was distributed by the duke's
order, and Thanks written by the countess of
Xorthnmberland for the receipt of it, which
was also declared to the dake. You shall
hear, that after the practice of the Marriage, it
was a general rule between the Scotish queea
and the duke, That the bishop of Kom slioaki
never propone to the queen's majesty's couudl,
nor deal in any great matter, but by the advice
and directions of the duke of Norfolk.
Here was read, for the proof thereof, the
bibhop of Ross.
Wilb. This is a plain course.
Duke. Wiiat doth this make against me ?
117/6. That he followed his Commissiuo,
that he kept his manner of conference conti-
nually, and that according to that use, the
Money was distributed by your directions.
Duke. He det.lt not with me in a great
time, and I can tell when he broke off and dealt
no more with me ; I was never privy to the
distribution of the Money, nor I never spake
with Barker about it ; I was in the Tower at
that time.
Wilb, That was when you were not in the
Tower; they lurked in Flanders a while in
great necessity, without apparel, and suddenly,
with this money, they were waxed Kay ; and
these men have confessed that it is distributed
by your order and direction.
Duke. None accuse me but three, one
absent, a stranger, and a traitor.
117/6. And if every one that is privy to
Treason must be refused for Witnesses, thea
should no treason be proved ; for none can tell
it but they that be privy, and all such are euiltv.
Now to the second point. That you adhered
to, and aided the Scotish Lords, the queen's
majesty's Enemies, and Maintainers of her Re«
bels. The Rebels, after their flying into Scot-
land, were there received by the duke of Chas*
telleroy, the lord Harris, the lord Hume, the
lord of Buccleugh and others; and being there,
thoy entered :igain of new into the reahn, and
made new roads, and burned and wasted Eng-
land with fire and sword. Th« »e Sci>t>, tliat
thus assisted the Rebels, the nobles of Sc<>tland
that remained in amity with the queen's maje&tf,
went ab'iut to suppress. The queen's mryeiiy
l»roclai:iied opci' War against them ; she ap-
pointed my I'lrd of Sussex her Lieutenant, witb
a stronj; army to invade them, and to pursue
both the rebels and the said Scots that *'ere
her enemies. This my lord of Sussex pur>ued,
made oprn war upon them, burned their tuwnt,
hcubcs, corn and goo(U, blew up ihiir casdes
with powder, and krpt good peace with ll»*
ie*t : Sj were they publi>lK'd tlu* queens ene-
inic?, both by Proclamation, wim-li is here read/
tt> be shewetl, and by o^en war itsell, the be>t
proclamation of all. The queeu's power thert
tarried a grtsit while, some came home, sooi
remained itill in Hume-castle, aud other pbcoi
\
I0tf9]
STATE TRIALS, IlEuz. I51l.-:fi}r HighlYeason.
[1030
These tbos known the queen's enemies, and so
published, the Scots that were ttie quecu*s
friends did still pursue so iBr, that the said Scot-
ish queen hearing thereof, complained to the
duke of Norfolk, viz. How she had no aid from
France, tod if none came ut all, her friends
in Scotland niubt of force be constrained to
yield : She prayed the duke of N<>Tfulk*s advice.
The duke made answer, and liickford wrote it
to the Scotish queen, 'i'hat she should procure
the French ambassador's letters to them m Scot-
land, to put ihem in some goud hope, that thcj
might hold out a while till aid come. The Scot-
isli queen accordingly wrote to the French eni-
basMidor M. de la Mut ; he by and by wrote
six letters to the lord Harris and otlier lords of
bcudand, with tair and comtbrtabic promises.
The pacquet of these letters were sent to the
duke, be had it, lie caused it to be sent with a
letter to Bannister, to convey it to Lowther
upon the west borders of Scotland, and that
Lowther sliould convey it over to the lord Har-
ris. -Hicl^ord, the duke's secretary, delivered
thb French pacquet, and the other letter to
Henry the dukeS footman, who carried it to
Bannister, and-Bannister sent it to Lowther, by
Coiboru, his servant : and to dissemble the
cause of his servant's going, and to know some
certainty, whether it cume to Lowther's hand
or no, Hill feigned a privy token between him
and Lowtlier, about tlie gathering of the rent of
the lord Dacre's lands. Lowther sent over the
pacquet, and returned answer to Bannister, that
he had sent it to the lord Harris, and willed
Colbora to tell him, which was their privy token,
that though it were trouhlesouie, yet ho would
gather up tlie rents for him.
Here was read Barker's Confession, 14 Sept.
That in July last he received tlie pacquet, ^c.
—Also, Hickford's Confesbion the Siune day,
with a great Protestation why he confessed not
at the first, but tarried till Bfurker had disclosed ;
because he would not be counted a betrayer of
his master.
Wilbraham. You hear how Barker hewray-
cch it ; you hear al^ how Uickford himself con-
feaseth it : and in what manner, I pray you, do
they disclose it ? they make no haste to accuse
the duke,* but all by leisure; and Hickford
niaketh it a matter of great conscience, to utter
it against his master : and here is a lesson meet
lo & learned of uU servants. Many supposed
k a Treason and foul oflfence to utter their
maicer'a treasons ; they must otherwise think it
it a dangerous opinion.
Duke, I challenge not this man.
Tiien was read Hickford's Examination, 1 1
Oct. Also Bannister, 17 Sept. 1. The same
Bannister, 29 Nov. pa. Also Bannister, 38
■od 99 Sept. ante 5, and 6.
Wiih. Thus it appeareth, that those the
Sootish queen's firiends in Scotland, for whom
aba iofffowed and feared tlieir yielding, were
the queen's majesty's enemies; and liow to
tliow ibe duke adhered, those he comforted, for
tkoee be procared the comfortable Letters to
be wmCf ■• yoo have heard.
Duke, I confess it, that I caused the Let-
ters to be sent, but that I procured the Letters
to be written, I remember not ; but therein I
trust Bannister's memory.
\Vilb, Now for sending Money to relieve
the queen's majesty's enemies, and touching
the 0,000/. the French embassador had 1,400
crowns ready to relieve them, wliich he sent
to the Scotish queen, (o know how it should be
bestowed. She would have had the duke to
make it up 3,000 crowns ; she sent 1,000 more
herself, and referred the direction of all to the
duke himself. The duke having the chief
charge of all, willed 2,000 crowns to be con-«
veyed to the queen's majesty's Enemies in
Scotland. The bishop of Ross lind devised, that
it should be sent sewed in Panton*8 douhlet.
The duke was made privy to do it bn the Sun-
day after Bartholomew- day : becuase Panton
was a Scot, and like to be searched, this de«
vice was misliked, so was the money delivered
to Brown of Shrewsbury ; and so he rehearsed
the manner (»f the dchvery to Brown, and the
Letters in Cypher, as it was afore rehearsed by
Mr. Attorney-General.
Duke, 1 receiveil tlie Money at Tham-
bour's hands ; I was not by at the writing dT
the Letter in Cypher.
Wilh, I said not so.
. llien was read the Letter to Bannister:
* you shall receive a bag by this Bearer, &c.'
Dulze. 1 do not deny the conveying of the
Money; but it never came to the ouecn's Enc-
mies hands.
Wilb, It was out of our possession ; Panton
was sent before to rccei»*e tne Money.
Duke, Not of my knowledge. And as for
Orange and I^dington, 1 have not licard they
were the queen's enemies.
Wilb. That is no matter ; for the Indicts
ment is generally of the queen's Enemies, and
you know the Money went to the lord Harris.
Duke. Lord Harris was not appointed to
have any part of it.
Wilb. This is no matter, it was a comfort
to him, being the queen's Enemy, to be the .
Factor, and to have the countenance and dis-
tribution of it at his pleasure : beside that, yoa
may be sure he would not let all pass without
some share to himself.
Duke. May a subject be the queen's mit-
jesty's Enemy, while tlie prince is her friend,
and in amity with her.'
Catlin. In some cases it mar be so : As
in France, if the dukedom of Britany should
rebel against the French king, and should (dur-
ing tlie amity between the French and queen's
majesty) invade England, those Britons were
the French king's subjects, and the queen's
enemies, though the French king remaineih
in amity ; and so ui your case.
Duke. Where was the Proclamation made ?
Wilb. The Proclamation was made iu Eng-
land, and here it is to be shewed ; but the wsr
itself is suihcient Proclamation. The queen's
army was sent against him, and the queen is
not otherwise bound to proclaim.
1031] STATE TRIADS, It Eliz. 1571,— Tm/ qftht Duke qf Norfolk, [10S2
and the lords thy peers have found thee Guilty:
Wherefore thou shalt he had from hence to the
Tower of London, from thence thou shalt be
dr.awn through tlie midst of the streets of Lon-
don to ']\hum, the place of execution ; there
thou bilait be liaiiged, and being alive thou
shalt be cut down quick, thy bowels shall be
taken forth of thy body, and burnt before thy
face, tiiy head shall be smitten off, tliy body
shall hu divided into four parts or quarters; thy
liead and thy quarters to be set up wliere it
shall please the queen's majesty to appoint ;
and the Lord have mercy upon tliee/
Then the duke said, *' This is the Judgment
of a Traitor, and I sbdl die a^ a true man to
the queen, as any liveth :" knocking himself
hard upon the breast, he said, " I will not desire
any of you all to make any petition for my
life ; I will not desire to live, I am at a point.
And my lords, seeing you have put me out of
your company, I trust shortly to be in better
company : only I beseech you my lords, to be
humble suitors to the queen's majesty lor my
poor orphan children, that it will please ha
majesty to be good to my poor orphan children,
and to take order for the payment of my debts,
and some consideration of my poor servants ;
for I um at a point. God dotli know how trut
a heart 1 bear to her majesty, and how true a
heart to my country, whatsoever thi& day bath
been falsely objected against me. l-'arewell,
my lords.^'
Then the Lieutenant was commanded to
avoid his prisoner ; which thing was do(ie.
Ti)cn the serjeant made an O Yes ! and pro*
claimed thus ; ' My lord's grace, the queen's
coinmi^bioncr, higli stewnrd of England, cfaarg-
cth all persons to depart in God's peace aod
the queen's, and hath dissolved his Commis-
sion.' And therewith the Lord Steward stand*
ing up afore his chair, broke his rod in the
midbt, and the people cryed, Uod save tkt
QuecTi, Amen.
Duke. I trust my lords the peers will have
consideration of roc, who they be that accuse
me, the bisliop of Hoss and strangers ; and the
rest over-reached in Treason themselves^
The Lord Steward asked il* they had aught
else to say. The duke said, I trust to God and
my truth. Then the prisoner was withdrawn.
Then the Serjeant made im O Yes ! saying,
* ^ly lord grace the queen's commissioner,
kigh-stewara of England, chargeth all men to
keep silence upon peril of Imprisonment.'
Then the Lord Steward spake to the lords,
and willed them to go together.
Note, That the Money was taken up by the
way.
Then the Lords witlulrew themselves into a
place prepared in the Chancery Court for con-
sultation,and the prisoner was withdrawn. The
Lords continued in consultation an hour and a
quarter ; the Lord Steward still remained in
his seat. After an liour and a quarter, which
"was immediately after cit^ht of the clock at
right, tlie Lords came agam upon the Scaffold,
tmd took their places, as they were afore ; tuid
then the Lord Steward demfinded of every of
them severally, sitting in their places, begin-
ning at the youngest baron, in this manner:
* My lord De la Ware, What say you, Is the
prisoner guilty of these Tieasons or not ?' And
they all severally answered in Order and Form
following :
L. La Ware, Buckhurst, St. John of Blei-
shoe, North, Rich, St. John, Mordant, Burghe,
Wentworth, Sandes, Mountjoy, (»rcy of Wil-
ton, Burleigh, Howard, Hereford, Leicester,
Hertford, Pembroke, Bedford, Warwick, Hunt-
ington, Sussex, Worcester, Kent, (» u i l ty.
Then the Lieutenant was, by the Seijeant,
commanded to bring again the prisoner to the
Bar, which he did.
Then tlie Lord Steward said thus : * Thomas
duke of Norfolk, thou hast been heretofore in-
dicted of High Treason, and hast been arraign-
ed upon the same, and hast pleaded Not Guilty,
and nast put thyself upon thy peers; the lords,
thy peers, have found thee Guilty: W^hat hast
thou to say, why I may not proceed to judg-
ment ?' The duke answered, ' The Lord's will be
(ione, God be judge between me and my false
accusers.' — Then the axe was turned the edge
towards him.
Then stood up Mr. Serjeant Barhnm, and
said, ' It appeareth that Thomas duke of Nor-
folk hath heretofore been indicted of Higli-Trea-
lon, and now hath been arraigned upon the
same, and halh pleaded Not Guilty, and hath
put himself upon his peers; now the lords his
peers, upon consideratioii of the Evidence
shewed iorth to prove the indictment, have
found him Guilty. I am most humbly to pray
of your grace J udgnieut against hun for the
queen's majesty, according to the Verdict.'
Then said tic Lord Steward: * Thomas duke
•f Norfolk, whereas tbou hast heretofore been
indicted of High-Treason, and hast been ar-
raigned upon the same, and hast pleaded Not
Gudty; and baft put thyself upon thy peers
2'k€ Duke's Execution,
On the 2d of June 1572, about eight in the
moniing, tlie Duke was brought to a Scaffold
erected on Tower-hill, attended by Alexander
Nowel, dean of St. Paul's, who having desired
the people to keep silence, the duke said :
" It is not rare, good People, to sec a man
come to die; although, thanks be to God,
.since the beginning of the queen's majesty's
reign hi this place huth not been nnv ; such
hath been, and is the mercifulness of Iier ma-
jesty, whom God long preserve. But since it
is luy fortune to be the hrst, I pniy God I muv
be the lii^. You know [ have been long
looked for in this present Case of mine, divers
times in this phu;e ; but by her m.ijesty's cle-
mency prolonged hitherto.* It is not common
* Cambden says, tlmt so many designs weie
set on foot to deliver the duke of Norfblk'oat
of tlie Tower, as hastened his Execution, wUcfc
had been put off for near four oiODtht. Im
tine, the duke was beheaded ou a scaffoMi M
1033]
STATE TRIALS, HEliz. \ 57 1. --/or High Treasm.
[1034,
to see a man of my vocation to be a speaker ;
uevertkeless I will be brietj and gladly shew
you the estate of those Offences which my
conscience doth burden me for, I have been
by my peers found worthy of Death, whereof I
do acquit tliem ; for I come not liither .to
justify myself, neither yet to charge my peers
with injustice, but rather submit myself to this
which God hath prepared for me. And thus
considering the weakness of my flesh and blood,
that at such a time a man*s senses will partly
fail, I do mind to divide my Speeches into
thre^ parts, desiring you to take it full and
whole, and not to tear it in pieces. — And first,
in dealing in matters temporal towards the
queen of Scots, I dealt not as a good subject,
for that I made not the queen*s majesty privy
thereunto, which indeed I confess I ought to
have done; for this Offence I was committed
to this house (pointing to the Tower) and,
upon my humble Submission, delivered ; then
making Promise to the queen's majesty (whom
I pray God long to prosper) never to deal in
those matters again : But contrary to my Sub-
mission and promise made to the queen's ma-
jesty, abusing her clemency towards me ; which
hath and doth grieve me more than any one
thing hath done ; I dealt in this matter again,
perficdy for saving my life, and oilier causes
which I could alledge/'
[Here Mr. Sheriff Branch, standing by the
Duke, desired him very courteously to make
an end as short as might be, for the time did
spend.]
Then die duke beginning again, said, '' It
hath been bruited, that I took my Oath, and
received the Sacrament, that I should never
deal in those matters again ; which is untrue ;
and yet the Oath too much.
[Iviow Mr. Christopher, one of the Officers,
hearing these Words, desired the Duke to be
short : We are come hither, said he, to bee you
put to Execution, and we must not delay while
these Speeches pass from you, for in this we
hazard our hves.]
Then the Duke said, " I do not excuse my-
self, but I come to discnarge my conscience,
and to acquit my peers, and not to complain of
any injusuce, for I have deserved this, and
more a great deal, in that I have abused the
qaeen*s majesty's mercy towards me; whom
once again, with hands lifted up, I pray God
long to preserve and reign over you, and that
my death may be an end of all troubles. And
to. augment my fault, it is said I bad familiarity
with evil dealers: Indeed I will confess and
tell you, that I never saw, nor never had cou-
, lerence, but once with one Rudolph, and yet
never against the queen's majesty, God is my
Tower-hiU, June the Snd*. He died with great
courage and magnanimity aniidst a vast crowd
of sorrowful and weeping spectators ; for it is
incredible, lays our author, <^ bow dearly he
was beloved by the populace, whose good-will
be bad gained by a muni6cence and affability
luitabla to so great a prince.''
judge; although many lewd offers and motions
were made to me ; for it is well known I had
to do with him, by reason I was bound to him
by Recognizance for a great sum of Money.
And as for the two Letters that came from the
pope, I confess I did see them, the one
ciphered, the other decipliered ; I never con-
sented to them, neither was I consenting to
the late Rebellion in the north, notwith-^
standing I come not Iiither as unguilty. —
To the second Part, I know I have not only
been thought to be a papist, but a Favourer of
papists, and a Maintmner of them. God is my l
Judge, before whom I stand, (lifting up his eyes), ;
I thank God I was never a papist since £ .'
knew what Religion meant; but I did always.'
detest Papistry, and all the vain to^ir thereof,!
embracing ever, from the bottom of my heart,
the true Religion uf Jesus Christ, trusting, by the
assurance of faith in his blood, that he is my
only Redeemer and Saviour: Indeed I must
confess that I had servants and friends that
were papists ; but if thereby I have offended
God's church, or any Protestant, I desire God
and them to forgive me. — Well, now to the
third Point, wherein { am to shew how much I
am bound to the queen's majesty for her merci-
fulness towards me, in that her majesty hath \
promised to be good and gracious to my poor '
children . I remember good Either Latimer mak- [
in^ a Sermon in a more honourable place than
this is, out of the pulpit, neither do I compare
myself to him, he said, ' That God did often-
' times take away a good and gracious prince,
' for the sins and disobedience of his subjects;'
which God grant not to be in these days, but
that it will please God to continue and increase
her majesty's years ; yea, until the world's end,
if it be his blessed will and pleasure. You
have a most gracious queen, as I must needs
confess, and also godly Religion ; therefore look
that your livings and conversations be answera-
ble to the Religion of Christ that proves you ;
that God may prosper the prince, overthrow
the pope, and maintain your wealth and quiet- -
ness. Let not my person, good people, make
my Speech' worse ; they that have factions,
I speak not particularly, hut generally, let them
beware they be given over betimes ; seek not to
breviate God's doings, lest God prevent yours.''
And then the Sheriff hastening him, he
turned to the People, and embracing sir Henry
Ixe, said, ** I have, and always have had as true
a heart to my prince as ever any subject hath
had." And so sir Henry Lee staying him by the
left arm, he kneeled down and asked the queen's
Forgiveness; and rising again, he embraced
Mr. Dean of Paul's with a cheerful counte-
nance; and afterwards for the most part
sliaking those that were on the scaffold by
die h»nds, and desirioe them to pray for him ;
amoegst the rest, the Executioner did on
his knees desire forgiveness of his death, who
did very courteously fqrgive him, and put into
the hand of the Executioner four sovereigns of
gold, and eighteen shillings and six pence of
sih eri This done, the duk^ Ww^^W^ \^>»iw.
1035] STATE TRIALS, li Euz. l.>71 — Trial of th DuU qf Norfolk, [lo3^
and the dean of Paul's with him, he made his
Pniyers to God, and read the 51st Psahn, say-
ing on to thto last Verse save one, viz. Build up
the Walls uf Jerusalem ; he paused and said,
* The Walls of England, good Lord/ That
Psahu finished, he began to read another ; and
at the seventh Verse of the Psalm, he paused
and said, I bad altnost forgotten, but not too
late ; I ask all the world forgiveness, and I
forgive all the world. The Psalm finished, and
other prayers ; he said, In nianus tuiut, Domine,
commendo spiriium meum, Lord, into thy hands
I commend my spirit. Then he arose up and
pulled off his velvet gown, his black satin
doublet, and his velvet night-cap, and gave
them to the Executioner ; and being in a white
fustian waistcoat, he said to Mr. Dean of
Paul's, This is the white satin doublet I made
to die in, which the Preacher did speak uf;
and so kneeling at the block, he laid down him-
self, and rose again, and laid the straw and
other things in such sort, as he might in a more
convenient manner yield liimscif for the speedier
Execution. This done, his eyes and hands
lided up, Mr. Dean desired the people's silence,
and said, Now all together, with one voice,
pray for him, saying, ' Lord Jesus receive thy
soul.' The Duke yielding himself to the block,
refusing to have any handkerchief before his
eyes, his head was at one chop cut off, and
shewed to all the people ; and afterwards his
corpse was put into a coffin appertaining to
Barkin church, with the head :l1so, and the
burial-cloth laid over him, and so was carried
by four of the lieutenant's men, and w;is buried
in the chapel of the Tower by the Dean of St.
Paul's.
Here follows the Latin Indictment.
, Per Indictamenta M'tchatV xiij, et xiilj,
Elizabelh* Regine,
*' Midd'
** Inquisitio capt' coram d'na Regina apud
Westmonaster' die Jovis proxiin* post octabis
sancti Martini anno Hcgni d*ne Ehzabeth' Dei
gratia Aoglie Frauucie & Hibernie licgine tidei
defensoris, 6tc, quartodecimo per sacr'ni Tiioine
Gresham Militis Thome Chamberlen uiilitis
Will'mi HoUis inilitis Fraucisci Newdigate
arraiger' Will'mi liawtree armiger' Will'mi
Wrightman armiger' Thome Higate armiger'
Johannis Marshe anniger* Will'mi Clarcke ar-
miger' Anthonii Colclothe armiger' Edwardi Os-
borne armiger* Johanuiiilscham armigcr'Hobarti
Burbage armiger' Uic' Bellamy armiger' riiome
Norwod armiger' Jasper Leake armiger' & Gal-
tridi Walkaden armiger". Qui dicunt supra sa-
cr'm suum qd TliomasDux Norf'k nuper de Re-
inynhall in Comitatu Norf'k ut falsus prodi-
tor contra illustrissimam et christianissimain
Principem d'nam nostram Elizabeth' Dei gra-
tia Anglie Francie et Hibernie Reginam fidei
defensorem et sup'mam d'nam suam timorem
Dei io corde suo non habeas net debit' iegi-
anc' sue ponderans sed instigatione diabolica
•educt* curdialem diiectioneni et veram debi-
tam obedi^nc' quat veri et fideles subditi
dicte J^ne Regine erga ipsam d'uum Reginam
gcrerent et de jure gerere tcnent' penitus sub*
trahere delere^t extiuguere intcndens viccsiiuo
secundo die Scptembris anno regni d'oe d'ne
nVe Elizubettr Regine nunc xi ac diver^is aliis
diebus et vicibus antea et postea apud Cliar-
terhouse in Comitatu Midd' falsa maliiiuse et
proditorie conspiravit imaginat' fuit circu'ivit
et conipassavit d'cain D'nam Reginanv supre-
inam d'nam suam non solum de regali statu
tit'lo potestate et regimine Regni sui Anf;lie
penitus deprivare deponere drjicere et exhere-
ditare veram etiam eaud'm d'uam Reginam ad
mortem et fjnalein destructionem adducere et
poucre : Ac seditionem in dicto regno Aiiglia
suscitare levare et facere ac etiam stragem
iniscrabilem inter subdit' dicte d'ne Regine per
totu' Regnu' Anglie gen'are et causare, ac io-
surrectionem et re bellionem versus d'cam d'naoi
Reginam supremam et naturalem d'oam saam
procurare et suscitare, ac guerram publicani cc
acerrimam infra hoc Regnum suum Angl' ooo-
tvii ipsam d'nam Reginam suscitare le\'art et
habere uc gubernationem ejusdem Regni et
^inceram Dei rcligionein in eodcm Regno recti
et pie stabilit' pro voluntate et liberto suis oiii-
tare et alterare necnon statum totius reipublice
per universas suas p't' bene institut' et ordinate
totaliter subvertcre et distrnere et divereus ex-
traneos et alienigcnos non existent' subdit'
dictc d'ne Regine ad hoc regnum Angl' bosti-
liter invadend' et guernun acerrimam versus
candcm D'nam Reginam in eodem Rcjpio
levand* suscipiend' ct facicnd' incitare procu-
rare et inducere : Et ad ilia ncquissiina etoe-
phandisbima proditoria imaginationes compti
sa'runcs inten'concs et proposit* sua prea'ci
perimplend' ct perficicnd' ip'e idem Tliooiai
Dux Norf'k sciens et perfect' intelligeos Mi^
riam nuper Scotorum Reginam clainasse et
preteiidi!>&»e tit'lum et int'esse ad presentem pc#-
sesbioiicni et statu' iiup'alis (!orone hujus Uegoi
Angl' Sciensque ct perfccte intelligeos qd pre*
diota Maria nuper Scotorum Regina preantei
faUibsimcncqui^sime et injustissiineasseverassct
ct atliniiasset qd prefat* d*na nVa Regina Eliza-
beth' nullum jus nequc tituluni adCoronam hujui
Regni Angl' h'uit. Et ctiani sciens perfectrque
intelligens qd prefat' Marin nuper Scotumm
Regina falsissime ne<{uissimc et injustissime
usurpa&set stilu' titulum et Regine nomen hujus
Regni Angl'. Et qd ipsa pretat' Maria nuper
Scotorum Uegina scripsisset et no'iasset seip'an
in divers' suis Script' Reginam Angl' : I^t quod
ip'a e;id'm Maria nuper Scotorum Regina ^
bisset et conjungibset anna hujus Rt-gni Ara^'
cum arinii Regni Scotie tain in Sigillis et y^st
bus suis argenteis q'm in aliis rebus sine nliquali
ditferens' sive distinctionc. Et insuper sciens
pcrfecte<]ue intelligens quod dicta Maria uuper
Scotorum Regina non ^evoca^s(*t nee rvnuo-
ciaiiset iniqua et injnsta clam' ct usurpac'oe^
sua pred'ca xxiii die Septembris anno re§^\
d'ce d'ne Elizabeth* nunc Regine Anglie si
ac diversis aliis diebus et vicibui antea et pm-
tea apud Charterhouse pred'cam in Com' Midf
predict' falso subdole et proditom qacitM
1037]
STATE TRIALS, 14 Eliz. 1571. --/or High Treason.
[1038
ct conabat sine assensu et agrearoent' pre-
tat d'oe n're Elizabeth* Regine supreme
d'ne sue seip'm conjungere ei in Matrimonio
copulare cum prefaf Maria nuper Scotorum
Regina. £t eisdem de causa et propo*ito
ip*e idem Dux pred'co xxiii die Septembris
anno undecimo supradicto et diversis aliis die-
bus et vicibus antea et postea apud Charter-
house pred'cam in Com' Midd' predict' falso
lubdole et proditorie scripsit diversas literas ad
preiatam Mariam nuper Scotorum Reginam et
tam easdem Tras quam diversa signa et pignora
roc' Toakens ad iliam prefatam Mariam nuper
Scotorum Reginam pred'co xxiii. die Septem-
bris anno undecimo supradicto et diversis aliis
diebus et vicibas antea et postea falso subdole
et proditorie missit. Necnon eodem xxiii. die
Septembris anno Rcgni d*ce Regine xi. supra-,
dicto et diversis aliis diebus et vicibus antea et
S>stea apud Charterhouse pred'ciim in Com*
[idd' predict* falso subdole ct proditorie mutuo
dedit et accommodavit tam prefat' Marie nu-
per Scotorum Regioe quam amicis et adhereo-
tibussuis plures et diversas magnns pecuniarum
summas : Necnon a prefat' Maria nuper Sco-
torum Regina pred*co xxii*. de Septembris anno
Regni d*ce d*ne Elizabeth' Regine undecimo
aupradict' et diversis aliis diebus et vicibus an-
tea et postea apud Charterhouse pred*cam in
Com* Midd' predict' diversas literas ac diversa
signa et pignora vocat' Toakens falso sulniole
et proditorie recepit et h'uit licet prcfat' Dux
tunc antea per prefat' d'oam Elizabeth' Regi-
nam super debit' legianc' sue sp*iaiit* prohibit
tus et vetitus fuit quod nullo modo intromittet
flive tractaret de maritagio cu' prefat* Maria
nnper Scotorum Regina faciend' licet etiam
prefat us Dux per diversas litteras et instrument'
manu propria ip'ius Ducis script' et per pre-
fat' ducem d'ce d*ne Ehzabeth' Regine supre-
me d'ne sue missa et exhibit' preantea prefat*
maritagium penitus recusasset et renuntiasset
protcstans ct affirmans se in eodcm maritagio
ouaquam intromissurum sive uliqualit' proces-
sarum : £t etiam iidem Jur' ulterius super
Bttcr'm suum pred*c*m prcsentant et dicunt
3uod cum Thomas Comes Northumbr' nuper
e Topclif in Com' Ebor' et Anna uxor ejus,
Carolus Comes Westmerl' nuper de Branspeth
iaComitatu Dunelm', Richardus Norton nu-
per de Norton Conyers iu Comit' Ebor* armi-
aer, Thomas Markenfeild nuper de Marken-
feld in diet* Com' Ebor* arniiger, simul cum
aliif falsis proditoribus rebellatoribus et ini-
tticis pubhcis d'ce d'ne Regine Elizabeth'
Deum pre ocuiis suis non hal>entes nee
debitura legiantiar* suaruni punderani' sed In-
•tigutione diabolica seduct* mnchinantes devi-
tantes et conspirantes d'cnm d*nain lieginam
Elizabeth* de regali Statu titulo ct potcstate
Regni sui Angl' d^jicere et disherediiare, ntc-
nOQ eand'm d'nam Reginam ad mortem et 6-
nalem destructionem adducere et ponerc
Ca intentionc ut illas proditiones conspi-
rationes et imaginationes suns perimplerent
Ct ad effectum redigerent decimo sexto die No-
vcmbris aouo Regni d'ce d'uc Regino nunc un-
decimo ap'd Rippon in d'co Com Ebor* contra
dictam d'nam Reginam supremam D'nam suam
ex eor' co*i propo'ito et assensu cum magna
muUiti&dine gentuim ad numerum quaiuor mille
homin' et ultra modo guerrino armati et nrraiut'
seip'os illicite falso et proditorie insmiul cungre-
gaver' et assemblaver^ ac guerram publicam ^t
ucerrimam versus dictam d'nam Reginam Eli-
zabeth* supremam d'nam suam apud Rippon
predictam dicto xvi die No\'embris anno unde-
cimo supradicto' falso et proditorie paraver* or-
dinaver et levaver', De quibus omnibus et sin-
gulis proditionibus rebellionibuset conspirationi-
bus pred* cisdicti Thomas Comes Northumbi* ct
Anna uxor ejus, Carolus Comes Westmerl' Rich-
ardus Norton, et Thomas Markenfeldecum mul-
tis aliis dictorum falsorum proditorum ct rebella-
torum predict* per debit' Icgis formam legitime
indictat' et postea superinde legitime utiagai' et
attinct* fuer et adhuc existunt prout per seperaP
record* inde in Cur* d'ce d'ne Regine nunc co-
ram ip*a Regina remanen' pler.e liquet de record'
cumque post perpetrationem et commissioneii^
nequissimarum proditionu'prcdictarum in forma
pred*ca per ip'os factaru' et cdtnmissarum pre-
dict! lliomas Comes Northumbr' et Anna uxor
ejus, Carolus Comes Westmerl', Riciiardus
Norton et Thomas Markenfelde, ac quamplures
alii falsorum proditorum et rebellatonim pre-
dict' 30 die Decembris anno Regni d'ce d'ne
Regine nunc undecimo pro proditionibus illis
extra hoc regnum Angl' in regnum Scotie fu-
gier' et recesser' et ib'm per quosdam proccros
et magnates dicti regni Scotie sciPt per Jaco-
bum Ducem Chastle le Roy, Comitemdc Hunt-
ley, D*num Harris, D'num Hume, D'num de
Buclughe et D*num de ' Fermhurbte, et alios
Scotos Subditos d'ci Regni Scotie exisien'
recept* auxiliati et confortati fuer',ac deeadem
d*na Regina Elizabeth' detent' iu et versus
quos proceres et magnates pred'ros d'ci Rcgni
Scotie eadem d'na Elizabeth* Regina postea
pro eadenl causa per prenobilem Thomam Co-
mitem Sussex ejusdem d'ne Regine in paitibns
borcalibus locu' tenen' suum generalem cum
potenti et forti exercitu armatorum liominum
apertam et publicam guerram proclamavit le-
vavit et fecit, tanquam versus bostes ct inimicos
suos et regni sui Anglie, rac'one cujus guerre
prefat' Carolus Comes Westmerl' Anna uxor
dicti Thome Comitis Northumbr* Ridiardus
Norton et Thomas Markenfieldc a predicto
Re^no Scotie usque Antverpia in partibus Bra-
ban tie fugier* recesser' et transferaver', ac ib*-
dem Carolus Comes Westmerl' Anna uxor dicti
Thome Comitis Northumbr' Richardus Norton
et Tiiomas Markenfeilde contra legiantiarum
suarum, debit' morabant' in manifestum con-
tempt' d'ce domine Regine nunc et legum sua-
rum, Pred'cus taroen Thomns Dux NorPk pre-
missorum non ignarus sed ea omnia et singula
in forma pred*ca bene et perfecte intelligent et
sciens 6 die August' anno regni d'ce d'ne Kli-
zabetir Regine duodecimo supradicto ap'id
Charterhouse pred'cam io Com' Midd' preo^-z*
ac diversis aliis diebus tt ndbas ante;i it y-'*-
tea pred*co Carolo Comiti WcaUaerr &c v=^
OX' ^ STATE TRIALS, U Euz. \57\.'^Trialqfthe Duke qf Norfolk, f 1040
u% fc mo iv,v p-TxIicti Thome Comitis Nor-
iK<«ii%>k at%vt>J> pecunianim summas pro aux-
•K» Jk^t] J :*««:* rvltraiuine conforta'cone et ?up-
)KH*cui«Htv >ut» iiiitti delibVar* et distribui falso
«k i^\KiiCv>ntf procoravit ct causavit, £t insuper
^uvM kI«iu liiomas Dux NorPk 16 die Julii
.unHf rv^iii d*ne iiVe Elizabeth' llegine Aii^l*
icriivHieciuio upud Charterhouse pred'cnin m
i\>in* Midd' predict' ac diversis aliis diebus et
vtcibu!^ antea et postea eisdem prefat* Jacobp
duv'i Ch;ii»tle de le Ruy, Comiti de Huntley,
IViio Harris, D'uo Hume, D'no de Buclughe,
1)*no Fermhurst, inimicis pubticis dicte d'ne
Kli/abeth' nunc Uegine AngP tunc existen'
fiilso ot proditorie fuit adherens confurtans et
anxitians: £t ulterius Jur' predicti per sacr'm
suu' predictum prescntant et dicuiit quod com
Pius quintus modo Ep'us Ilomanus est et ex-
istit ci ad*m fuit notabilis capit*lis et publicus,
inimicus d'ce d'ne n're Regine Elizabeth' et
hujus Ilegni Anglie, Qaod idem prefat' Tho>
mas Dux Norf 'k hoc bene sciens et intelligens
decimo die Martii anno regni ejusdem d'nc Eli-
zabetli' Uegine tertiodecimo apud Charterhouse
prcd*cam in Com' Midd' predict* ac diversis
aiiis diebus et vicibus antea et postea ea intent-
cone ut prodic'oncs prcd*cas ad offectum pro-
duceret falso subdole et proditorie consentit
advisavit et procunivit quendam Kobartum Ri-
dolphie mercatorem alienig'num extra hoc reg-
Bum Anglie mitti ad pretat' Ep'm Romanu'
nee Don ad Philippu' Regem Hispaniarum et
Ducem de Alva ad obtinend' de ip*o prefat'
£p'o Romano quasd'm pecuniaru* summas im-
ponehd' exponend' circa provisionem et main-
tentionem excrcitus millitu' ac hominu' arma-
corum ad intnmd* et invadend* hoc regnum An-
glie et ad gucrram levand' suscipicnd* mnintc-
nend' in eodem regno contra ip'ara D'nanj
n*ram Elizabeth* reginnm : Ac quod idem Rex
Hispaniarum per niedicutionem dicti Ducis de
Alva mittcret in hoc rcgnum Anglie qnciidnm
excrcitum ahnaiorum hominu' et militu' ad
hoc regnu' Anglie invadend' ac ad guerram
publicam et nccrrimnm contra d'cam d'nam
Reginam Elizabeth' levand* snscipiend' et
maintonend' : Et etium qiifKl idem Thomas
Dux Norf'k eodem 10 die Alaitii anno rcgni
dicte d*ne Elizahctli' Regine tertiodecimo su-
pradict' ac diversis ahis diebus et \icibus nntea
et poHtea amid Charterhouse pred*c:Mn in Com*
Midd' piedict* falso neqiiiter el proditorie con-
spiravit consentiit et agrenvit cum prefat' Rob -
to Ridolphie snsritare el movere ct excitare
infra hoc lietsnum Anglie totam vim et poten-
tiam quns ip'c pred'cus Thomas Dux Norf'k tt
coufcdcrati sui aliquo modo valerent sive potu-
issent facere vel excitare infra hoc recnuni An-
glie ad conveniend* cum prefat' cxercii' arma-
lorum hominu' per dictu' Regem Hispaniarum'
ut prcfert' mirtend', etcum eodem exercitu ar-
matorum hominu* et cum talibus aUis subditis
hujus Recni Anglie quos idem Dux Norf'k
compnrere et procurure potui«set conjungnre
cum dicto exercitu per dom' Regem Hispanin-
ru* ut prefert* mittend' guerriim )3ubUcam con-
tm dictam d*iiiun Elizabeth' Regioam infra lioc
Regnu' suu* Anglie levare siisdpere et mino-
tenere et eandem Mariam nuper Scotomm Re-
ginam extra custod' et possessionem ejusdem
d'ne u're Elizabeth' Regine Anclie eripere et
'liberare ac predictam illustrissimam et Chris-
tianissimam d'nam n'ram Elizabeth' Reginam
de regah statu titulo potestate preheminentia
et.regimine hujus re^ni sui Anglie penitas de-
priyare dcponere dejicere et exhereditare, nee
non se eundem Thomam Ducem Norf'k in
matrimonio cum prefat' Maria nuper Scotorom
Retina conjungere et copulare.
Et ulterius Jur' pred'ci super sac'm sua'
pred'cm dicunt et presentant quod cum prefiit'
Robartus Ridolphie tres seperales l'r*s credenti-
ales in no'ie prefat' Thome Ducis NorfHc proip'o
Robarto Ridolphie in suis falsis nequissimis et
prodjtoriis nuntiis pred'cis videl't unaro earun-
dem I'rarum ad prefat' Ducem de Alva, alteram
ad prefat' Ep'm komanum, ac tertiam ad prefat'
Phillippu* Hispaniarum Regem transferend' et
tran spuria nd' composuisset ct scripsisset quod
postea ip'e id'm Thomas Dux Nort 'Ik falso et
proditorie intcndens volens et a'io suo conside-
rans successionem effectum et complemen' ia
predictis falsis et proditoriis nunciis per prefat'
Robartum Ridolphie ut prefertur missis quen-
dam Will'm Barker generosum sementem ip-
sius Thome Ducis Norf'k xx die Martii aoao
regni d'ce d'ne Regine nunc tertiodecimo su-
pradicio apud Charterhouse pred'cam in Co-
mitat' Midd' predit' falso subdole et proditorie
ad Guerrau' Despes ambassatorem cucti Pbil-
lippi Hispaniarum Regis misit ad declarand'
ostendend' et affirmand' predicto ambassatori
predicti Phillippi Hiftpaniarum Regis quod ip'e
idem Thomas Dux Norf 'Ik afBrmabat et affir-
mare vellet predictas I'ras credentiales ad pre-
fat ' Ducem dc Alva Romanu' Ep*m et Philip'
Hispaniaru* regem no'ie suo compo*t et script'
adeo valent* et firmiter prout ipsemet idem
Thomas Dux Norfolk easdem manu sua pro-
pria subscripsisset : Kt insuper iidem Jur* super
sacr'm suu' predictum presentant et dicunt
quod predictus Robartus Ridolphie xxvi die
3lartii anno regni d'ce d'ne Elizabeth* dudc
Regine Anglie tertioJecinio supradicto apud
Doavcr in Com' Can* extra hoc regnum An^he
ad et usque partes exi'as ct transmarinas iter
suu' arripuit ad preHcicnd' perimplen' et eae-
quend' diet* proditoria nuncin per con^nsum
agreamcnt' prefat' Thome Ducis Norf'k posie-
aque prcd'cus Ridolphie eadem nequissima et
proditoria nuncia sua in partibus ext'is et tran«-
marinis lam prefat' Duci de Alva quam pretut*
Ep'o Romano iiarravit retulit et dedaravitet
communicavit. Et quod pred'cus liobartus
Ridolphie post pred'cm exit* et recessionem
suu' extra hoc regnu' Anglie, ar post eadem
falsa nequissima et proditoria nuntia sua p red*-
ca prcfdi' Duci de Alva narrat' declarat' et
fact' una Tram siiam in quibusdam subdolis
alienis et inconsuetis cliarncteribus et notis An- ^
glic' diet' Ciphers ad prefat' Thomam Ducem
Norf'k scribi fecit et misit. Quam quidem
I'ram sic ut prefert' script' inissam ip'e idem
Thomas Dux Norf'k xviij die Aprilb anooicpu
1041]
STATE TRIALS, 14Eliz. ISIl.^far High TVeaxon.^
[1042
d'ce d*ne Elizabeth* Regioe xiij supradict' apud
Charterhouse pred'cam in Com' AJidd' predict'
false et prodiiorie recepit et h'uit et eand'm
adtuiic et ih'm prefat* Wiirmo Barker servienti
suo in iVas ccfi;nitas et comni's reducend' et
decipheraiid' Anglic' diet' "To be deciphered"
lib'uvit et dedit, et eand'ra IVam in co'es cog-
nitas litterals redact* et decipheratam Anglic'
diet' ** deciphered" ip'e id'ni Dux postea xxv
die Aprilis anno reghi dicte d'ne Klizabet* nunc
tertiodecimo supradicto apud Charterhouse
pred'cam in dicto Com' Midd' falso et prodi-
torie recepit inspexit et perlexit et penes sc
adtunc et ib'm fiilso et proditorie retihuit et
scrvBvif, per quani quidem iTam predictus Ro-
bartus Ridolphie eidem Thome Duci Norf'k
inter alia significnvit eumque qertiorum fecit de
benigna audicntia sua quaai ip'e id'm Robartus
h'uit apud prefat' Ducem de Alva in nequissi-
mis et proditoriis nuntiis suprad*cis: £t quod
id'm Dux dc Alva requisivit et voluit amicos et
feutores confederatit>nis et p'poit predict' pa-
ratos esse quandocunque potcntia per dictum
Hispanianim regem nnttend* infra hoc Regnu.
Anglie applicaret : Et preterea iid'm Jur' super
sacrum suu' pred'cu' prescntant et dicunt quod
pred'cus Thomas Dux Norf'k xvi die Junii
anno regni d'ce d*nc Elizabeth' Regine nunc
xiii supradict' apud Charterhouse predict' in
Com' Midd' predict' a prefat* Pio quinto Ro-
mano episcopo unam I'ram eidem Duci dir'cam
falso et proditorie recepit per quam id'm Epis-
copus Roman us promisit eidem Thome Duci
Norf*k auxiliu' et supplementum pro adjuva-
mine predicto Marie nuper Scotorum Regine,
ac pro et ad nequissima et proditoria propo'it'
et mtentiones predict' exequend' et perficiend'
contra legiancie sue debitum ac contra pacem
dicte d'ne Elizabeth' imnc Regine Anglie coro-
nam et dignitat* suas et in legum hujus Regni
Anglie contempt* manifestum. Nee non io
pessimu' et pernitiosbsimu* exemplum omniu'
aliorum in tali casu delinquen' ac contra for-,
mam diversorum Statut' in hujusmodi casu edi'
tor' et provisor' 6ic.
£t raodo scil' d'co instantis die Martii, viz.
xvj die Januarii anno xiiij supradicto coram
prefai' Georgio Comite Salop preclari ordinis
Ganerii milite et hac vice Anglie Senescallo
apud Westmonaster' in magna aula pi'itorum
ib'm ven* predict' Thomas Dux Norf ' sub cus-
tod' prefati Owini Hopton Milit* locum teneu'
d'ne Regine dicte Turris London' in cujus
custod' prcantea ex causa predicta & allis ceriis
de causis commissus fuit ad barrani hie duct'
in propr' persona sua, qui committit' prefato
locumtenenti, &c. Et ^tatim dc omnibus et
singulis sep'sdibus proditiouibus, pred'cis sihi
supcfius seperatim iinpo*it alloquut* qualitcr se
velit inde acquietari, dicit quod ipse in nullo
est inde culpabil' ct inde de bono et roalo puu'
se super pares suos, &c.
Super quo predict i Reginald' Comes Rand'
Will'mus Comes Wigorn' ac ceteri antedicci
Comites et Barones, pred'ci Tliome Ducis
Norfk pares instant' super corum fidelitatibus
et legianciis dicte d'ne R^ine debit* per pre-
fatum Senescallum Anglie ab infeHore pare
usque ad suprema' par'm illorum seperatim
publice exammat' quilib't corum seperatim die'
quod predictus Thomas Dux Norf'k de sepera-
libus p'ditio'b's predictis sibi separatim die'
quod predictis sibi seperatim in forma predicta
supenus impo'it est inde culpabil' modo et*
forma prout per seperalesiodictament' predict'
superius sup^o', Uc.
Super quo instanter Servien' d'ne Regine ad
legem, at icsius d'ne Regine Attoru' just' debit'
legis formam petunt versus eundem Thomam
Ducem Norf'k judicium et executionem super-
inde pro d*ca d'na Regina h'end' &c.
Et super hoc vis* et per Cur' hie intellect'
omnibus et singulis premissis Con' est quod
predictus ThoAias Dux Norf'k ducat' per pre-
fat' Locumtenen' usque diet' Tarrim JLondon'
et deinde per mediu' Civitat' London' usque ad
furcas de Tibome trahatur et ib'm suspeudat
et vivens ad terram prosternat' ac ioteriora sua
extra ventrem suu' capiant' ip'oq' viventa com-
burent', et caput gus amputetur quodque cor-
pus ejus in qnatuor partes dividat', ac quod
capot et auarteria ilia ponautur ubi d'na Re-
gina ea assigoare volaerit, &c.
0
57. The Trial of Mn Robert Hickford, (Servant of the Duke of
Norfolk), at the Queen's-Bench, for High Treason : 14 Eli z.
February 9, A-i^- 1571.' L^S. Brit. Mus. 14^7.]
fi>rm to answer unto it. This only I require
to be heard to declare the truth, so far as the
matter toucheth me: I here protest before your
honours, and in the presence of God, that I
bring a conscience untouched with any intent
of hurt, ever conceived by me against the
queen's majesty's person or my country; I
never meant any such thing in my heart : I
know the liiw hath not intent to tbeconsciefice,
or intent of men ; but is to judse only of thj
mind, according to tbe appearing of ootwj^
facts; so the law cannot aoocpc mj mtcnt fcc
AfTCR the reading of the Indictment, being
aiked by the Clerk of the Crown, if he w^ere
Guilty or Not Guilty ? He answered to this
effect; being admonished to speak higher,
whereunto- he excused himself by the lowness
of his voice:
Hickford, I am here . indicted of divers
points of Hi^h-Treason, part whereof I deny,
for that I was never privy to the same : my
fact, such as it is, I am ready to confess, and
d€Mclare as I have already confessed it. I am
Bot learned in the law. I know not in what
*l V
1043]
STATE TRIALS, I^Eliz. ISl^.—Trialqf Robert Hichford,
[1(H4
my purgation. 1 her^fore I shall declare the
truth of my doing, and upon that further open
unto you at large my dealing in the matters
contained in the Indictment. First, For the
matter of moving of Sedition, I did never
know that any such thing was meant by my
lord, or any other; and whatsoever was by
bim, or any other intended, I was not privy
unto it. I do confess indeed, that the Arti-
cles mentioned in the Indictment were sent to
my lord^ my late maiiter, which by his com-
mandment I deciphered, for they were brought
in cipher. Then my lord read them, and
folded tliem up, and put them in the pocket
' of his hose, and said, The bishop of Ross will
never be quiet, and then he went to supper ;
and from that time I never saw that Writing
till it was shewed me in the Tower. What
Answer my lord made to them, or whether he
answered them or no, I know not.
C,J, Catlin. Hickfordyyou seem to be a man
of knowledge and learning, you have been in-
dicted, and arc now arraigned according to
order ot law ; you must follow order, you must
answer to the Indictment, confess or deny it,
you shtill be heard afler to say your mind.
You must plead unto it Guilty or not Guilty.
Hickjbrd, I do confess the law hath not
respect to man's intent, but judgeth according
to his fact. I confess I saw these Articles and
deciphered them, 1 shewed them to my lord ;
I revoked them not, as in duty I ou^ht to
have done, and therefore I think myself Guilty.
Catlin. The Indictment containeth divers
. clausesof Treason, therefore answer, if you be
guilty, to any special matters contained in the
Indictment, or that you will confess yourself
Guilty of the whole.
Hickford, I may not confess of myself that
whereof my conscience doth not accuse me,
some parts I am not privy to ; the first point,
concerning stirring of Sedition, I do not know
that ever any such thing was meant by my
lord. What intention be had, God and his
own conscience knoweth it. As touching the
matterofRodolph's going over to the king of
Spain, to the pope, and the duke of Alva, and
the Instructions of that voyage contained in
the thing, that by my lord's commandnient I
deciphered ; I answer, as I have before said,
that I never knew of any proceeding, nor dealt
therein afterwards ; and my lord, when he
read it deciphered, he answered as I said be-
fore, The bishop of Ross will never be quiet. I
thought he had burnt that Paper, as a thing
that he liked not ; but what he did with it, or
in the matter afterward, I cannot toll.
Catlin. You must answer more roundly
and directly to the matter ; for these circum-
stances and points, you shall he heard after-
ward. In the mean time answer plainly, if you
be Guilty or not Guilty.
Southcote. Mr. Southcote spake to Uie same
effect, and told him. That if he pleaded Not
Guilty, these his Declarations should be heard
at large upon the evidence.
Hkkford. To part of the indictment I con-
fer myself Guilty, which concemeth the deci-
phering of the letters by my lord's procurement
and commandment ; after which time I never
dealt in it.
Southcote, You were best to plead Not
Guilty to the whole Indictment ; and for such
matters and parts of the Indictment as you caa
clear yourself, the Jury may find you Not
Guilty, and find you Guilty for the rest.
The Lord Chief Justice, and Mr. Attorney
advised to the same effect.
Hickford, I am Guilty. I know under
how merciful a queen I live ; I submit myself
wholly to her majesty's mercy. I will not
stand long upon that whereof mine own con-
science condemneth me.
Catlin. Confess you Guilty to the whoU
Indictment ?
Hickford. Yea.
Attorney. (Mr. Gilbert Gerrard.^ Are you
Guilty of adhering to and comforting the
queen's enemies, and the conveying of the
French Packet and Money tlmt was sent to rt-
lieve them ?
Hickford. I confess myself Guilty.
Serj. Then, after some pause, Mr. Seijeaat
Barham spake to this effect : Forasmach is
Robert Hickford hath been indicted of Uigh-
Treason, and, among other things, that be batb
adhered to and comforted the queen's enemies,
and tlie same Indictment hath been read unto
him, and he hath confessed the treasons; I
am to pray your lordships on the queen's ma-
jesty's behalf, that his Confession may be en-
tered, and Judgment given for the queen
against him, according to the law.
Hickford. May I now declare to what
points I am not Guilty ?
Attorney. There wie two points in the In-
dictment that concern yourself; the dealing in
the matter about Rodolph's Voyage, and the
Instruction for the same ; and the adhering to
and comforting of the queen's enemies : are
you not Guilty of these.?
Hickford, I am Guilty.
Cutlm. If you will yet wave and forsake
your confession, we arc content to admit you
to do so, and you may yet plead Not Goiltj,
and you shidl have your Trial.
Hickford, No, I will submit me wholly to
her majesty's mercy : I know under how mcr*
ciful a prince I live, though my deserts be ht
unworthy, by my master's means and procure-
ment. I know I bring, as I said, n consciencr
untouched with any intent or meaning of hurt
to her majesty's person, or to my country. And
this I say before God and in the presence and
witness of you all ; howbeit the law accepted)
not, nor judgeth by secret intents, for so might
every man clear himself.
Cut/in. Hickford, thou hatt heard the In-
dictment read, wliere by the oaths of a Jun
thou art found and presented guilty of divers
1 1 igh-Treasons : thou hast been arraigned there-
of, and confessed thyself guilty, and sobmittcd
thyself to her majesty's mercy. The qvetn*!
majesty's Serjeant hath^ oo her bcbftlf| ieqiiii«<l
1045]
STATE TRIALS, UEliz. 151 1. -^f or High Treason.
[1046
Confession to be entered^ and Judgment to be
i;iven against thee, according to the order of
the Uwt;- so nothing resteth now but Judgment
to be given against thee, and that thou hear
thy Judgment. A few words for good admo-
nition shall sen-e : Thou art a gentleman, wise,
and well learned, I would to God there had
been in thee as much loyilty and truth, as there
is learning, and other good qualities and gifts of
God, then hadst thou not fallen into this great
fault and misery. But there have been evil en-
ticers, evil school-masters, evil seedsmen, as
one called them here last day ; they have brought
thee from truth and good estate, to untruth,
treason, and wretchedness; where before thou
and others were of good name and fame, they
have brought you to infamy ; of loyal, good, and
true subjects, they brought you to the name
and state of disloyal traitors : A great blot to
be a Traitor, and the greatest infamy that can
be. It is the chiefest poiut of the duty of e\'cry
natural and reasonable man, which bv tlie gift
of reason dii&reth from a beast, to know his
prince and head, to be true to his^h'cad and
prince. All the members are bound to obey
the bead ; every man is bound to repnir life, to
lay out and expend goods, lauds, and uosses-
tioDi, to forsake father, mother, kindred, wife,
and children, in respect of presenting the
prince ; for in defending the prince, they pre-
serve ^ther, mother, kindred, wife, childrtn,
and all. It was well and wisely spoken here
the last day, by one that stood at the bar, that
was learned and as wise as you are, upon his
confessing of himself guilty of Treason against
hit prince; I would he hud had as much truth
and loyalty, as he had of learning and under-
standing, in few words, he comprehended a
great heap of matter concerning the duty of the
aubject to the prince. All the duties, said be,
to father, mother, friends, kindred, children,
je« to a roan*s wife, that is his own flesh, are
all inferior to the dutv that a subject oweth to
his prince^ for this ciuty comprenendeth them
all. In respect of duty to the prince, and
preserving the princf, neither wife, parent,
nor other are to be rc^garded, they must all
stand behind. If in any cube, miy respect
shall allure a man fn>m loyalty and truth
to his prince, they must he forsaken, they
must come behind ; it must be said, Fade post
wtCy Sat ana. We must first look unto God the
Ugh prince of all princes, and then to the queen's
miyesty the seomd prince, and God's deputy,
and our sovereign prince on earth. In these
few words be comprehended much matter, he
satisfied the hearers for their duty to the queen's
majesty. You are wise and learned as he was,
and for knowledge of duty and understanding
as much bound to God as he; but the evil
seedsmen, the evil inticers and seducers have
wrought evil effect in you both , the great good
seedsman hath sowed in you good gifts, learning,
knowledge, and good quality, to serve him, your
prince and your country withal, as it is said
m the go«pel. Bonus teminator tcminavit
•men hanum; but tupercenit inhnicus et
teminavit z'zania: tlie good seedsman sowed
good seed; but there came the eiremy,
the evil seedsman, and he sowed darnel,
cockle, and noisome weeds. Such wicked .
seedsmen have been in England ; if they had
sown the right seed for their own use, the seed
of hemp, and felt of it, they had received ac-
cording to their deserving. God hath sown in
you good gifts and qualities, meet to have
served any prince in Christendom ; but super'
venit inimicus, the devil and his ministers,
wicked seedsmen, sowed in you darnel and
cockle, treason and disloyalty ; they liave
made you forget your duty to your natural
prince and country. If these had been handled
as they have (icscn-ed, they should long ago
hare had of their own due seed, hemp bestowed
upon them, meet seed for such seedsmen ; such
mischievous sctdbmen thev be, that corrupt
men, otherwiite well indued, that sow treason
so abundantly in this realm. O strange mat-
ter ! that such Treasons should be, and so
ripe in this realm ; a common slander to this
realm of England, the Treasons of England are
every where talked of among strange nations :
For proof of it they refer us to our histories of
H. 2. Ed. 2. Ric. U. Ed. 6. and so prove tbeofb
practices in this realm to murder and depose
our princes, to the great infamy and slander of
our country. The very regard of our country's
fame, that this great slander of treason should
not by your fault have been renewed and in-
creased against iis, if nothing else would, it
should have staid you from so fool dealinj^ in
treason. But is this sowing of treason lawful
for any ? May embassadors be such seedsmen ?
Be these the parts of embassadors ? They have
their articles in law, by which they are bound,
let them do as law will let them. If they will
transgress these, and fall to treason, and procure
the danger of princes, let them feel as law will.
I can shew you a precedent and liistory for it
within memory, al>out37 or 38 years ago, about
the 25lh lien. 8. it was done by the duke of Mi-
lan, The French king, that then was, Frnnci?,
grand< father to the French king that now is, sent
one M. de Marvcillcs to the duke of Milan as h s
ambassador : this M.'de Marveilles, the French
king's ambassador, conspired Treason against
the state and the duke of Milan ; the duke un-
derstood it, he caused him to l>e arraigned aflcr
the order of their law, and being found guilty,
he beheaded him : ancf this^'tire gentium was lu» -
fully done. May Messengers conspire Treason
against |:^incts to w horn they be sent ? TrcaH>n
to princes is not their message, it is no lawful
cause of their sending; if of their own heads
tlicv presume it, they must by law lie touched
an J taught to keep them wiihin their duties.
As for them that seek fame by Treas«>n, and by
procuring the destruction of princes, where
shall sound that fame? Shall the golden Trump
of Fame and good Henort, that Chaucer speak-
eth of? No : but the black Trump of Sha;me shall
blow out their inf:imy for ever. Again, these
that follow such heinous TreasonSi that brins:
forth the fruit of such seeds m f
STATE TRIALS, HEliz. Ibl X.-^Trial of Robert Hickford.
and
10i7]
seedsmen have sown, nre in foul fault,
justly to be condemned, and worthy extremely
tu feel it. For tliut )-ou are io misery, men
may have pity and compassion of your misery,
and so forbear to grieve you witli due reheaj'sul,
else men might aggravate your offence, with
setting out tlic particulars of it at length, and
as they bhonid liave fallen out, if you had stood
in Trial : but you have confessed it, and yield-
ed yourself guilty, and' submitted yourself to
the queen's majesty's mercy. . Therefore I will
leave to aggravate your faults, and will proceed,
as the order of law requireth, to Judgment. I
pray God to give you grace to make a good
end. I need not give you long exhortation, I
am no doctor of divinity ; you are learned your-
self, your knowledge is great I would your loy-
alty and truth bad been as gr^at. But because
we are to do with law, we must follow the
order of law , one must speak for all, and so
I, for all the rest, shall proceed to judgment.
[1048
Now in proceeding further by Letters between '
you, the contrivance of this dealing must much
aggravate her highness's displeasure against
you. lie answered me. Tush fool, thoo art a
fool, thou understandest not the matter. I ao-
swered, I presumed to say this unto you, upon
your assurance that you would not be offended,
and that maketh me ask, why you continue
this dealing with the Scotish aueen? He an-
swered me again, Thou art a fool, thou seest
not my case ; I hold a wolf by the ears, I can
neither let go without danger, nor hold without
peril. Unhappy man I was when I was first
committed ; for if I could then have come to
the speech of the prince, I would have laid it
all at her feet, and I trust I should liave found
grace to have obtained favour : But now, on
the one side, I am entered into my princes
high displeasure ; on the other side (tt)^ if I
should pull the Scotish queen, and all her
friends upon me, and make tliem mine enemies.
Then my Lord Chief Justice pronounced the then were I in worse case than ever I was. If
Judgment usual in Treason, concluding it in I could once recover nay prince's favour, then
these words; • God he merciful unto you, and
give you grace to make a good end.
Then HicKford answered to tliis effect : 1
humbly tlumk your lordbhip lor your good admo-
nition ; I know and confess, that I onji^ht unto the
queen's majesty a much greater and hi<;her duty
tlian to my master. And as it is said of your
lordhhips to have hcen wisely spoken, so was il
truly said, that, the duty of all subjects to the
much iireater duty than a nmn
pnnce, is a
owtih to his master, or to any other ; yea, or
to tho!te that hare him into the world. I con-
fers I have neglected that duly to my prince,
howbeit I did it by my lord, my late master's
procurement and commandment, and for good
mtent, as my master bare me in hand and
persuaded me, whereof I pray your lordships I
may declare the truth. \Vhen first my lord
made choice of me to wait on him in the
Tower, as I would lo God he had rather made
choice of any otfier, within short time he re-
ceived a Letter from the Scotish queen in Ci*
pher. He made me privy to it, and willed me
to acquaint myself with thal^ Cipher, for the
decipliering of the hke hereafter. At that
first lime I said little unto it : within tlu-ce weeks
after there came another Tieiter to him from the
Scotish queen, and then I be{;an to mislike the
matter. Then my lord walking on the leads,
(having so much liberty granted him) sir Henry
Nevil and Mr. Lieutenant l)eing present upon
the leads, and departing a little aside, my lord
called me to liim, and after other matters en-
tered into talk of the Scotish queen. I said
unto hmi, I would ask a question of you, if I
might %%ithout offending you. He asked me
what? I h:iid I would show him, so that he
would not be offended, for otherwise I durst
not. .^fier he had assured me he would not be
offended, I said unto him, My lord, I morvel
much ut your doings; you arc here, at you.
know, commit led upon high displeasure of tlie
queen's majesty, for dealing with the Scotish
queen witliuuc the queen's miyescy*i content.
would I soon shake off all dcaUng with the
Scotish queen. In the mean time, till her ma-
jesty's favour may be recovered, I am drK'cn
to this hardness that you see. I answered him
again, You are yourself much wiser than I am ;
but, in my poor opinion, the sooner you rid
yourself of this dealing the better. Then be-
cause I was persuaded that he trusted to re-
cover the queen's majesty's favour, I was in the
mean time contented tu decipher the Letters
from time to time, as they passed between
them. . Shortly after he had so much favour
and liberty, that his men had recourse uniu
him freely into the Tower : whereupon we
conceived hope of his short delivery, but it fell
contrary, and so continued till Midsummer.
Then was he advised to make submission to
the uueeu's majesty, and promised that if lie
would submit liimself, and renounce all deal-
ing with the Scotish queen, there was hope
that the queen's majesty would receive bim
to grace. Whereupon he wrote a Submission,
he sent it, it was delivered, and, as %\e heard, it
was very well liked of. Within a fortnigtit
after he Iiad the liberty of the Tower, and com-
fortable Letters came, I looked and bad hope
that he should have been delivered presently ;
it came not so to pass, the cause God knoweth.
Here the Lord Chief Justice offered to in-
terrupt and end this course of speech as im-
pertinent, when he yet proceeded further, and
said :
Hick ford, I beseech you, my lord, let me
use a few words, to declare the course of my
doing. My lord was not then delivered :
shortly after it happened, that by occasion of a
sickness, and being sick of the plague in the
Tower, my lord was removed to his own hoo^e
at the Charter-house ; then we had great hope
that we should shortly be received into her ma-
•
(a) Behold an evident entry into a resolu-
tion to leave the queen, and seek to the Scot
and friends.
^i>J STATE TRIAI^ 24£uz. l5Bl.—JtTaigmneni(ifEdfmmdCan^i(m. [1050
j*8 favoor, and come to the court again^
\ so continued till the Cipher came from the
tid|> of Ross, before which time and since I
s never privy to that matter. The cause
f I was never afterward made privy, was
I ; My lord being at home at his house at
Mter-house, I told him, I liked not his do-
, it would not have good end.
iU. Why did you then still follow ? Why
you him not ?
aickford. He answered roe. Thou art a
ly chou understandest nor.
ZatUn. He told you truth, that you were
>oly for you played the tool indeed.
}iickfbrd, I would then Have gone from
I, .and I sought to depart ; he would never
i roe leave, as Mr. Bannister well know-
»
Uillin. Why ? he was not your prince, you
*e not so bound that he could compel you
;arry with him.
^ickford. Otherwise I dealt not witli the
lop of Ross.
latlin. In following him, the hurt was
rs ; if you had been a good subject, and had
ird of your duty, you might and should
■have taken other course ; but you had higher
hope, to have seen youc master in higher state
to advance you ; you had more respect to your
master thau to your mistress. But this is. no-
thing to the matter.
So his purposed loneer Speech was cut off,
and then he said shortly thus :
Hickf'ord, I humbly thank your lordship
again for vour good admonition ; and as your
lordship hath rehearsed the History of the
French embassador to the duke of Milan, so I
would and pray Ood, that he that hath brought
my lord to this, may have the like success. I
humbly submit myself to the queen's majesty's
mercy. I know I have lived under a most
gracious and merciful queen. I wish God long
to preserve her majesty, and this little time
that I have left I will spend in prayer for her
preservation ; and I beseech God have mercy
upon me.
Whereunto the Court, and all that were
E resent, said. Amen ; and some said secretly,
e had then shewed himself a wiser man than
his master. And so the lieutenant was com-
manded to avoid the prisoner.-^God save
Queen Elizabeth.
The Arraignment of Edmund Campion, Sherwin, Bosgrave,
CoTTAM, JaHNsoN, Bristow, Kirbie, and Orton, for High
Treason: 24 Eli z. a,d. 1381. Now first published. [MS.
in Bib. Cott. 1014. Phoenix Britannicus, 481.]
:I£ 19tb of November, 1581, at the KingV
ch, in Westminster, the parties abovenamed
e indicted of High Treason, namely, that
y in tlie days of tlie last March and April
o 226 £hz. at Rheimes in Champaign,
pe, and other places beyond the seas, had
Sfiired the death of the queen's majesty, the
rtbrow of the religion now professed in
{land, the subversion of the state, and that
the attempt thereof they had stirred up
.ofE^rs to invade this realm ; moreover that
8thof May next following, they took their
mey from Kheimes towards England to per-
(le and seduce the queen's subjects to the
oiah religio&t obedience to the Pope, from
Ir duties and allegiance to her highness, and
t tlie 1st of June they arrived in this coun<^
for the selfsame purpose.
Vhereupon the parties mentioned were
•uaht from the Tower to the bar to hear
( Indictment which was read unto them.
Immpion, I protest )>efore God and bis an-
I, by heaven and earth, and before this tri-
la), which I pray God may be a mirror of
judgment to come, that I am Not Guilty
:bese Treasons contained in the Indictment,
of any other wliat soever; and to pmve
se thini^s against me it is merely impossible.
Lord Chief Justice, (sir Christopher Wray.)
e time is not yet come wherein you
• Sic in MS.
shall be tried, and therefore you must now
spare speech and reserve it till then, at
which ome you shall have full liberty of de» '
fence, and me to sit indifierent between her
majesty and yourself, wherefore now to the In-
dictment whether you be Guilty or Not.
Then they were arraigned, severally and se-
verally ; every one pleaded Not Guilty. The
20th of Nov. next following, the said persons
were led to the bar for their Trial, tne Jury
was demanded, which presently appeared.
The Clerk -of the Crown read the Indictment,
and declared the charge to the jurors was. That
if they found tlie parties here indicted Guilty
of the treahons, or to have fled for any of them,
they should then enquire what lands, tene-
ments, goods, and chattels, they had at the
time of the treasons committed or at any time
since, and if they found them Not Guilty, then
to say so, and no more.
Campion, My lord, for as much as our sur-
mised offences are severally, so that the one is
not to be tainted with the crime of the otlier,
the pfTence of one not being the offence of all,
I could have wislied likewise that for the pre-
vention of confusion, we might also hai e been se-
verally indicted, and that our Accusations car-
rying so great importance, and tending so
nearly unto us as our lives, eacli one might
have had one day for his trial. For albeit I
acknowledge the Jurors to be wise m^ and
much experienced in such ctiM^^^ "^^x ~^^ *^^
1051 J STATE TRIALS, 2 i Eliz. \5Sl.— Arraignment qfEdmmdCaffqnaa, [105'2
Evidence being given or rather handled at
once, ujui "^eeds breed a confusion in ihe.Tuf,
mnd perh&ps sucn a misprision or inatters, as
thev may take the Evidence against one to be
against all^ and consequently the crime of the
one for the crime of the other, and finally the
guilty to be saved, and the guiltless tq be con-
demned; wherefore, I ^ould it had pleased
your lordship that the Indictment had been
several, and that we might have had several
days of trial ♦.
Hudson, It seemeth well Campion that you
have liad your counsel.
Campion. No counsel but a pure con-
science.
Lord Chirf Justice, Although if many be
indicted at once, the Indictment in respect of
them all containing all their names be in it,
yet in itself being framed against several per-
sons it cannot be but several at the trial,
whereof evidence shall be particularly given
against every one, and to the matters objected
every one shall have liis particular answer, so
that the jury shall have all things orderly ; not-
withstanding I would have wished also, that
every oue should have had his several day
assigned him, had the time so pennitted, but
since it cannot be othenvise we must take it
as it is^.
Whereupon the queen's counsel Mr. Ander-
son, Mr. Fopham (Attorney General) and Mr.
Egerton (Solicitor General) prepared to give
in Evidence, and first Mr. Anderson spake in
effect as followeth :
Anderson. With how good and gracious a
prince the Almighty hatli blessed this land,
continuing the space of 23 >'ears, the peace,
the tranquillity, mercies and abundant supplies,
but especially the light and success of the
gospel, wherewith since her majesty's first reign
this realm hath flourished above all other,
roost evidently doth manifest ; the which, not-
withstanding they ought to have stirred us up
into a most dutiful affection and zealous love
unto h^r crown, for whose sake and by whose
means, next under God, we enjoy these pros-
perities ; yet hath there not from time to time,
been wanting amongst us mischievous and e\'il
disposed enemies of her felicity, which either
by insolent and open denouncing of war or by
secret and privy practices of sinister devices,
have antbitiously and most disloyally attempted
to spoil her of her right, and us of these bless-
ings : yet such hath been God's incomparable
puissance against them, so tender his care over
* This objection seems to be not altogether
groundless. A and B are tried together for a fe-
lony, a witness swears that A confessed to bim
that he A, together with B and another, com-
mitted the felony in question, the judge in
summing up tells the jury that tliis is evidence
against A, but not against B, yet there is great
danger that the minds of jurymen wiU be in-
fluenced by it, with regard to the case of B.
See too the case of Coke v. Woodburnc, a. d.
17«1.
ber« so favounil/ke iiis mercy towArds us, that
iieimer tney thereby have been bettered, nor
her estate impaired, nor our quiet dimmishrd,
for who knoweth not of the rebellions aend'up-
roars in the North, who remerobereth not the
tragical pageant ofStorie, who still seeth not
the traiterous practices of Felton r Prevailed
they against her, was not tbeir strength van-
quished, were not their policies frustrated, did
not God detect them and protect her to her
safety and their perdition ? The matter is fresh
in remembrance. Their quarters are yet scarce
consumed; they were discovered, tbey were
convicted, they suffered, we saw it. If you
ask from whence these Treasons and seditious
Conspiracies had tHeir first offtpring, I ask
from whence they could have it but from the
well itself the pope ? For if we inspect the Nor-
thern seditions, ho it was that was not only
the encouragement, hut al^ being put to flight
was their refuge. If we mean Storie, he it was
that was the sworn liege and lord of so per-
jured a subject ; if we look to Felton, he it
was that excommunicated the queen and all die
commonalty that did her obedience. Finally,
if we recount all the Treasons and Rebellioos
that have been conspired since the first hoar
of generation, he it was and principally lie,
that suborned them. What, then, are we to
think these latest and present conspiracies to
have been done either unwitting or unwilling
the pope ? Shall we deny either Caropioa or
his companions without the pope's assent or
consent to have conspired these matters beyond
the seas themselves r Why ? had they no en-
tertainment at his hands ? Did he bestow no-
thing upon them for their maintenance ? was
there no cause which either he shoold do for
tliem or they for him, they papists, he pope ;
they flying their country, he receiving ihcB ;
they Jesuits, he their founder; he snpicoe
head, they sworn members ; he their chief
provost, they his dearest subjects; how can
it be but he was privy, privy ! nay the aotbor
and setter on ? We see that other treasons bsrr
been squared to his platforms, and had he no
direction in this, came all the rest from him and
came not this near him ? It is impossible. An
enemy to the crown, a professed scourge to
the gospel, envying the tranquillity of the one,
impatient oi the success of the other, what
would he not do to subvert them both ? He
hath been always like himself, and never liker
in ought than in this. He knew well enongh no
foreign hostility was convenient. The Span-
iard would be discovered : the Frenchman
would be suspected ; the Roman not beloved.
How then ? Forsooth, men bom and bred in
our own nation, perfect in our own tongue and
language, instructed in our own Universities
— ^they and only tliey must endeavour our
overthrow. In what order ? Tbey must cooie
seoretly into the realm, tliey must change thrir
Imbit and names ; they must dinsembte their
vocations, they must wander unknown— tn
what end ? To dissuade the people from ditir
AUegiimce to their princei to reconcile dica
^ - «^jte'3:.&_
1053] STATE TRIALS, 24£uz. ^SSl.-'-and others, for High Treason. [1054
to the pope, to plant the Romish Religion,
to supplant both prince and province — by
what means } By saying of Mass, by aiiminis-
tering the Sacrament, by hearing Confessions.
When all these things were purposed, endea-
voored, and practised by them, whether were
they guilty of these treasons or no? If not,
then add this, for them they were parties to
the rebellion in the North, they were instn^
ments to the practices of Storie, they were
ministers to execute the Bull sent from Pius
Quintos against her mi^esty. How appeareth
that ? How should it appear better, than by
Toar own Speeches and Examinations. They
highly commended the Rebellion in the North ;
they greatly rejoiced in the constancy of Storie ;
divers of tlieir couubel and conferences was re-
quired for the Bull. Yea, and which is more
and yet sticketh in our stomachs, they afibrded
sach large commendations to Saunders, liking
and extolling his late proceedings in Ireland,
that it cannot be otherwise intended but that
thereof they also have been partukers. To
conclude^ what lenity may wc hope for from the
pope, what fidelity from their hands that have
vowed themselves unto him, what trust may
the country repose in them that have fled and
renounced their country ? How can their return
be without danger, whose departure was so
perilous } Note ^l circums(ances, note all pro-
iMAbilities, not one amongst all, but note them
for traiterotts ; and so l^ing, it is reason tliey
should have the law and the due punishment
ordained for traitors, the which in her majesty's
behalf we pray that ihey may have, and that
the Jury upon our allegation may pass for the
Trial.
This Speech, very vehemently pronounced
with a grave and austere countenance, dismay-
ed tbem all, and made them very impatient and
titMiblesomely aflected ; for it seemed b^ their
diateoiperature that it sounded very crimmouslv
to their Trial, and therefore utterly denying all
that was alled^, they protested themselves
true and faithful subjects ; only Campion bare
it oat best, and yet somewhat amazed, and de-
manded of Mr. Anderson, whetlier he came as
an orator to accuse them, or as a pleader to
pwe io evidence.
L. C. Justice, You must have patience
with him and the rest likewise ; for they being
of the Queen's Council they speak of no other
intent than of duty to her majesty ; and I can-
not but marvel that men of your profession
should upon any such occasion, be so much dis-
temperea, for as concerning the matters which
my brother Anderson bath alled^ed, they be
but inducements to the point itself; and thereto
every one shall have his several Answer.
Whereupon, Campion for himself and his
Companions answered unto Mr. Anderson's
Speech as followeth :
CampioH, The wisdom and providence of
the laws of England, as I take it, is such as
procectfeth not to the trial of any man for life
aad death by^ tbifb of probabilities and con-
jcctwel •omutes, without proof of the crime
by sufficient evidence and substantial wit-
nesses. For, otherwise, it had been ,very un-
equally provided that upon the descanting and
flourishes o^ affected speeches, a man's hfe
should be brought into danger and extremity^
or that, upon the persuasion of any orator or
vehement pleader without witness viva voce
testifying the same, a man's offence should be
judged or reputed mortal. If so, I see not to
what end Mr. Serjeant's oration tended, or if
I see an end, I see it but firustrate, for be the
crime but in trifles, the law hath his passage, be
the theft but of an halfpenny, witnesses are
produced, so that probabiUties, aggravations,
invectives, are not the balance wherein justice
must be weighed, but witnesses, oaths, &c.-^
Whereto, then, appertaiueth these objections
of Treason? He barely aflirmeth, we flatly
deny them. But let us examine them, how
will they uree us ? We fled our country, what
of that ? The pope gave us entertainment, bow
then? We are Catholics, what is that to
the purpose ? We' persuaded the people, what
followeth? We are therefore Traitors. We
deny the sequel, this is no more necessaiy
than if a sheep had been stolen, and to accuse
me you should fraofe this reason. My parents
are thieves, my companions suspcctc(l persons,
myself an evil liver, and on it laid the muttonfy
therefore I stole the slieep. -Who seeth not hnt
these be odious circumstances to bring a man
in hatred with the Jury, and no necessary mat-
ter to conclude bim guilty ? ' Yea, but we se-
duced the queen's subjects from their allegiance
to her majesty ! What can be more unlikely ?
We are dead men to the world, we only travel-
led for souls ; we touched neither state |ior po-
licy, we had no such commission. Where was,
then, our seducing ? Nay, but we reconciled
them to the pope; nay, what reconciliation
can there be to him, since reconciliation
is only due to God ? This word sonn^eth not
to a lawyer's usage and therefore is wrested
against us unaptly. The reconciliation that we
endeavoured was only to God, and as Peter,
saith reconciliacio iMmine ; what resteth then
against us ? That we were privy to the Uehel-
Uon in the North, instruments to Storie, minis-
ters to Felton, partakers with Sanders. How
so ? forsooth, it must be presumed. Why ? be«
cause we commended some, some we rejoiced
at, concerning some we gave counsel and con-
ference. How appeareth that? by- our own
speedies, nothing less. God is our witness we
never meant it, wc dreamed it not. #The9e
matters ought to be proved and not urged, de-
clared by evidence and not surmised by fancy,
nothwit^tanding it ought to be so, yet must
all circumstances note us for Traitors. Indeed,
all yet that is laid against us, be but bare cir-
cumstances, and no sufficient arguments to
prove us Traitors, in so much that we think
ourselves very hardly dealt with, that for want of
proof we must answer to circumstances. Well,
circumstances or other as I remember, this was
• Sic io MS. T* '
1035] STATE TRIALS, 24Eli7.. \5Hl.^Arraigntnent (^ Edmund Campion, [I05G
nil ; and if this were all, all this was nothing.
Wherefore, in God*s behalf we pray tliat better
Proof may be used, aad'tluit our lives be not
brought in prejudice by conjectures.
Q,ueefC$ Counsel, it is the use of -all Semi-
nary men at the first entrance into their Semi-
naries to make two personal Oaths ; the one
into a book called liristow's Motives for the
fulfilling of all matters therein contained ; the
other unto ' the pope to be true to him and his
successors : of the which Oaths, there is neither
but is traiterous, for -how can a roan be faithful
to our state and swear performance to those
Motives ; a true liege to his sovereign, and swear
fealty to the pope, forasmuch as the one is
(|uite contrary to our laws and eovernment,
the other the most mortal enemy her majesty
hath?
Campion. What Oaths Seminary men at
their first entrance take, or whether Bristow's
Motives be repugnant to our laws or no, is not
any thing material to our Indictment, for that
we are neither Seminary men nor swoni at our
entrance to any such motives ; but were it so
that any Seminary Men stood here for trial,
this matter could prove no great Evidence
against them, for that none are sworn to such
Articles of Bristow's, but young striplings that
'be under tuition ; whereas unto men of riper
years and better grounded in points of Itcligion
(as most of England are before they pass the
teas) that Oath is never administered, and then
many a study else flourisheth in Rome wherein
both Seminary men and others are tar better
employed than they otherwise could be in read-
ing English pamphlets.
Kirbie. 1 think of my conscience there be
not four Books of these Bristow's Motives in
all the Seminaries.
Thereupon they all cried, if whereas they
were indicted oi Treason they feared lest
nnder vizanl of that they should be condemned
of Keligion, und to prove that Campion framed
a reason in manner following :
Campion, I'here was ofier made unto us,
that if we would come to the Church to hear
Sennon'» and the Word preached, we should be
set at large, and at liberty : so Pascnll and Ni-
colls, otherwise as culpable in nil offences as
we, u^ion coming to the Church and acceptance
of that otfer, were received to grace and had
their Pardon granted; whereas if they had
been so liappy as to have persevered to the
end, they had been partakers of our ciiinmitics.
Wherefore, if liberty were offered to us on con-
dition to come to Church and hear sermons,
and thcit could we not do by professing our
Religion, then to chanue our reiiifion and to
become Protestimts, that forsooth wns that
that should purchase us liberty. So tiiat our
Religion was cause of our Imjirisonment and
the consequence uf our contiemnation.
Attorneif General. All these matters at the
time of Nicoirs enlargement were altogether
unknown, and not once suspected ; neitliercan
we now conjecture that he was guilty of any
such drift or purpose, in that he stood not, as
you do, stubbornly inthat religion which might
be any cloak or colour of such Treasons.
Queen^t Counsel. All you jointly nntl seve<
rally have received money of the pope to spend
in your journeys. Some two hundred crowns,
some more, some less, according to your dc-greei
and conditions. ' Was sucli liberality uf the
pope's without cause? No: it had an end;
and what end should that be, but bv yoor
privy inveigling and persuasions to set on foot
his devices and treacheries.
Campion. We received of him according to
tlie rate he thought b6st to bestow ir. We
saw neither cause why to refuse it, neither
means how to come hither pennyless ; it was
his Uberality that supplied our need. What
would you have us do ? We took it, was that
Treason ? But it was to an end : I grant had ic
been to no end, it had been in vain ;«and what
end should that be, merely to preach the Gos-
pel? no treacheries, no such end was intended.
There was a Witness produced named J.
Caddy, or Cradocke, who deposed, generally,
against them all, that being beyond the seas
be heard of the Holy Vow made between the
pope and the English priests, for the restoring
and establisliing of Religion in England ; for
the which purpose, two hundred priests should
come into the realm, the which matter was de-
clared to Ralph Shelley an English knight, and
CapUiin to the pope, and that he should con-
duct an army into England, for the subduing of
the realm unto the pope, and the destroying
of the Heretics. Whei'eto sir Ralph made an-
swer, that he would rather drink poison witti
Ihemistocles than see the overthrow of his
country : and added further, that he thought
the catholics in England would first stand in
anns against the pope before they would join
in such an entcrprizc.
Queen*t Counul. The matter is flat: the
Holy Vow was made, two hundred priests had
their charge appointed, the Captam General
was mentioned, our destruction purposed. If,
then, we confer all likely heads together, uluit
is more apparent than that of those two hun-
dred priests, you made up a number, and there-
fore be parties and privy to the 'rn*:tson.
Campion. Two hundred priests made an
WcAf Vow to labour for restoring; of Religion.
It seemeth, by all likelihood, that we maile up
the number, and therefore privy and parties to
tho Treason : here is u concluhiou without any
atlinity to the premises; first an Holy Vow,
then an establishuient of Religion. What o>-
lour is there here left for Treason ? All the
treason rehearsed is imputed to sir Ralph Shel-
ley; not one syllable thereof was referrt^l w
the priests. But grantincr, and which the wit-
nesses have not deposed, namely, that we ««ere
some of these two hundred priests; you see sir
Ralph Shelly a Catholic, the Pnpe*s captain, a
Layman, would rather drink poison than agree
to such Treason, it is like thatprie»ts,devotaries
and dead men to the world, would in anywbe
consent unto, that this Deposition is more for
us than against 09. .
1057] STATE TRIALS, Q-y Eliz. 1581 — and others, for High Treason. [1058
Then was order taken that every man*s Eri-
dence should be particularly read agaiost liim-
self, and every one to have bis several answer ;
and first against Campion.
QutetCs Counsel. About ten years since
you, Campion, were received into conference
with the cardinal of Sicily, concerning the Bull
wherein Pius 5 did excommunicate th^ Queen,
the nobility, and commonalty, of this realm ;
discharging such of them as were Papists from
their obedience to her mnjesty, the which Con-
fercnoe cannot otherui^e be referred, than to
the potting in execution of the Bull ; so that
the Bull containing manifest treason, whereto
you were privy. Doth that prove you a Traitor?
Campion. You, Men of the Jury, I pray
you listen. This concemeth me only, and
thereto this I answer. True it is, that at my
first arrival into Rome (which is now about ten
years past) it was my hap to have access to
the said cardinal, who having soma liking of
me, would have been the means to prefer me
to any place of service, whereunto I should
have most fancy; but I being resolved what
course to take, answered, that I meant not to
serve any man, but to enter into the Society of
Jesus, thereof to vow and to be professed.
Then being demanded further, what opinion I
bad conceived of the Bull ; I said, it pncured
much severity in England, and the heavy hand
of her majesty against the catholics. Where-
unto the cardinal replied, that he doubted not
but it should be mitigated in such sort, that the
catholics should acknowledge lier highness as
their queen without danger of excommunica-
tion : and this was all the speech I had with
the cardinal, which can in no wise be construed
as an offence, and .therefore, much less as the
least point of Treason.
Queen*$ Counsel. Wc can impute no more
^y your words than a mitigation of the Bull
i^ainst the catholics only ; so that the prin-
cipal, which was the excommunication o\ her
majesty, was' left still in tbrce, not detected by
you, and therefore your privity thereto couclud-
cth you a Traitor.
Campion, My privity thereto enfbrceth not
consenting; nay, rather it proveth .my disa-
greement, in that I said it procured much
severity, and therefore being here published
before I could detect it (for who knew not that
the queen of England was excommunicated) it
excused my privity aud exempted nie from
Treason.
Queen** Counsel, You had conference with
the bishop of Ross, a professed papist and a
mortal enemy to the state and crown of Eng-
land; and to what end should any such com-
monicatioo be had, but for the 'practising of
ioch Treasons as had been conspired I
Ounpion, What the bishop of Ross is, either
lor rel^ioD or affection, I thmk little pertinent
to me, much less to this purpose ; but as for
the Conference past between him and roe, I
utterly deny that evtr there was any, and there-
fore lei it be proved.
Tlie Clerk of the Crown read a Letter tent
VObl.
from Dr. Allen unto Dr. Sunders in Ireland*
wherein Allen slieweth why the Insurrection
in the North prevuited not, was in two respects,
either that God reserved England for a greater
plague, or for that the catholics in other jilacet
had not intelligence of the purpose ; fur other*
wise, that could not so badly have succeeded ;
in this Letter moreover was contained that ■■ *^
feared the war as a child doth the rod, and that
* at all times will be ready with 200 to aid
him.
Queen** Coumel, What an armv and host
of men, the Pope by the aid of the king of
Spain and the duke of Florence had levied for
tlie overthrow of this realm, the destruction of
her majesty, and the placing of the Scottish
queen as governess in England, could not any
ways have escaped your knowledge ; for being
sent frorb Prague, where yohr abode was, to
Rome, and then by the Pofie charged presently
towards Enfland, what other drift coul^ tliis,
such a sudden ambassage, portend, than the
practising and execution of such a Conspiracy ?
Whereofyou are also the more to be suspect-
ed, for as much as in your coming from Rome
towards England, you entered into a certain
privy conference with Dr. Allen to break these
matters to the English Papists to withdraw the
people from their due allegiance and to prepare
them to receive these foreign powers.
Campion, When I was received into the
Order of Jesuits, I vowed tliree things, inci-
dent to my calling, Chastity. Poverty and Obe*
dicnce. Chastity in abstaining from all fleshly
appetites and concupiscences. Poverty in de^
spising all worldly wealth lying upon tlie devo«
tion oi* others. Obedience in dutifully execut-
ing the commandment of my superiors. In re*
spect of which Vow inveighing obedience, I
came, being sent for from Prague to Home,
having not so much as the smallest inkling of
these supposed armies, nor the least inclina-
tion to put any such thmg in practice, but
there rested for eight days attendin|( the plea-
sure of my provost, who at last according to
my Vow (which, by the grace of God, I will
in no case violate) appointed me to undertake
tliis Journey into Englmid, which, accordingly,
I entcrprizcd, being commanded thereunto not
as a Traitor to conspire the subversion of my
country, but as a priest to minister the S»cra-«
mrnts, to hear Confessions ; the which ambas*
sage I protest before God I would as gladly,
have executed and was as ready and willing to
discharge, had I been sent lo the Indians or
uttermost regions in the world, as I was being
sent into my nativ3 country. • In the which
voyage I cannot deny but that I dined with Dr.
Allen at Rhcims, with whom also after dinner
I walked in his garden, spending our time in
speeches which referred to our old fiimiiiarity
and acquaintance ; during the whole course
thereof (I take God to witness) not one iota
of our talk glanced to the crown or state of
England ; neither had I the least notice of any
• Sis in MS.
3t
1050] STATE TRIAIi;, 24- Euz. 1531,
Letters sent to Sitnden». nor tlic smallest glim-
mering ot' these objected piuttbrms. — Then, as
'fur bcii)<; Procunilor from tlie pope aad Dr.
Aileiiy 1 must needs soy there cuuld no one
thing have been inferred more conirni^, for as
concerning the one, he flatly with charge and
commimdmenti excused me from matters of
state and regiment; the other sought no such
duty and obedience unto as to execute matters
repugnmit to my chage. But admitting (as
I protest he did not) that Dr. Allen had com-
municated auch afTuirs unto me : yet for that
he was not my superior it liad been full apos-
tacy in me to olx>y him. Dr. Allen for liis
learning :ind good religion I reverence, luit
neither w;is I bis;iubject or inferior, nor h6 the
man at mIio^sc commandment 1 rested.
Qkcca'x Countei, Were it not that your
dealing uiiei wards had fully bewrayed you,
your present Speech perhaps had been more
credible; but all afterclaps make those ex-
cuses but shadows, and your deeds and actions
prove your words but forged ; for what mean-
ing had thnt changing oi' your name, whereto
belonged your disguising in apparel, can t)i€sc
alterations be wrought without suspicion ?
Your name being Campion, why were you
called Hastings? You a priest and dead to the
world, what pleasure had you to royst that ?
A velvet hat and a feather, a butl* leather
jerkin, velvet veneti-ins, are they weeds for dead
men ? Can that beseem a professed man of
Fi'ligion which hardly becumeth a layman of
gravity ? No ; there was a furtlxer marter in-
Knded ; your lurking and lying hid in secret
places, cuncludeth with the rest, a*mischievous
meaning: htid you come hitiier for love of your
conntrv, vou would never have wrought in ;
or had your intent been to have done well,
you would never have hated the light, and
thcrkfoi'e this beginning decyphereth your Trea-
son.
Cffw/)i(w. At wliiit time the primiii\e qhurch
was persecuted and that I\%ul Ltl)ourcd in the
propagaii(m and increase of the(io«{>el, it is not
unknown, to what sti-aits and pinclies he riurl
his felU}ws were diversely driven, u herein though
in purpose he were already resolved rather to
yield himaelf to mai tyrdom, than to shrink an
inch from the truth he ])ieached; yet if any
liope or nie;u)s appeared to esrupe, and if living
he might benefit itie church more than dying,
l*e read of sundry shifts whereto he betook
him, to increase God's nurn'oer and to shun per-
secution; but e:?[iecially the changing of his
name was very oft and f;inii!iar. whereby as
opportunity and occUsion \\i\^ ministered, he
t4*rnK'd himself now Paul now S,ni\; neither
was h.e of opinion always to be known, but
somciiine thought it expedient to be hidden,
least bfing discovered persecution should ensue,
anri thereby the (rotpel greatly forestalled.
Such was his meaning, so was his purpose,
iviitn being in penance tor points of religion
he secretly stoic out of prison in a basket. If
the^ shifts were then approved, why arc they
uuw reproved in iDe?^be an Apostle, I a Jesuit.
— Arraignment of Edmund Campion, [ 1 060
Were they commended in Iiim, arc they con-
demned in me, the same cause was. common to
both, and shall the effect be peculiar to the
one ? I wished earnestly the planting of the
gospel. 1 kiievv a contrary religion professed.
I saw if I were known I should be apprehend-
ed. I changed my name .- 1 kept secretly. 1
imitated Paul. Was I therein u traitor } But
the wearing of a bufTjerkin, a velvet hat, and
such like ia much forced ugainst nie, as though
the wearing \)i any apparel were treason, or
that I in so doing were ever the more a traitor.
I am not indicted upon tlie statute of Apparel,
neither is it any part of this present arniigu-
ment. Iniieed, I acknowledge an otTence to
God for so doinc:, and thereof it did grievously
rej^ent me and therefore do now penance as
you see me.
Uo was newly shaven, in a rug gown, and a
great bhvcking .-trap covering half his face, &c.
The Clerk of the Crown read a Letter sent
from Campion unto one Pound a catholic, part
of the contents whereof was this, '' it grieveth
me much to have offended the aitholic cause m
highly, as to confess the Names of some gentle-
men and friends in whose houses I had been
entertained : yet in this I greatly cherish and
comfort myself, that I never discovered any
secr< ts there declared, and that I will not, come
Rack, collie Uope.**
Queens Coiin.\el, What can sound more
Auspiciously or nearer unto Treason, than this
Letter? ItgrieNCth him to have l>ew rayed his
favourers the cathulics, and therein he tliinketh
to have wrought prejudice to Religion. What,
then, may we think of that he concealetb? It
must needs be some grievous matter and very
precious, that neither the Hack nor the Rope
can wring from him. For his conscience brinj;
not called in question nor sifted in any p<^>int of
religion, no doubt, if there had not been fur-
ther dexiccs and aifairs of the state and com-
inon»ealth attempted, we should as well have
discoveri.-d the matter as the per^tm ; where-
fore, it were v.tU these hidden secrets were re-
vealed, and thou would appear the very face
of these trensur.s^
Campion. As I am by pntfession and calling
a prie>t bo have I singly voueil all conditions
and covenants to such a charge and vocation
belonging, whereby I sustain an ofHce and duty
of priesthood that consistcth in sliaring and
hearing conlc^sions, in respfct whereof at my
firs:t conservation (as all other priests so ac-
ceptrd must do) I solemnly took and \owed
to God never to disclose any secrets coiift^s^.
Tiic force and ellect of which %'ow is such as
whereby every priest is bound, under danger
of ^>erpetual i'ur!>e and damnation, nerer to
ui>close apy otftnce opened nor infirmity v«hat«
soevtr connoiittKl to his hearing. Hy virtue of
this profession :ind due execution of my priest-
hood, I was :iccuslomed to be privy to dircrs
mens secrets, and those not such as concerned
State or Commonwealth, whereunto my au-
thority was not extended, but snch as to
ctiai^ged the grieved soul4uid conicienoe where-
IWl] STATE TRIALS/ 24 Elie, l5dl.-^andoihers,for High Treason. f lOC'J
of I had power to pray for absolution. These
were the niddeo matters, these were tlie secrets
io concerning of which I so greatlj rejoiced, to
the revealing wliereof I cannot, nor will not be
brought, come Rack, come Rope.
Thereupon the Clerk of the Crown read
certain Papers containing in them Oaths to be
ministered to the people for the renouncing
their Obedience to her majesty and the swear-
ing of Allegiance to the pope, acknowledging
him for their Supreme Head and Governor, the
which Papers were found in divers houses where
Campion had lurked, and for Religion been
entertained.
Queen*i Countel, What can be more appa-
rent than this ? These Oaths, if we went no
further, are of themselves sufficient to convince
you of Treason ; for what may be imagined
more traitorous than to alien the hearts of the
subjects from her majesty, renouncing their
obedience to her, and swearing their subjection
to the pope ? And therefore these Papers thus
found in houses were you where, do clearly prove
that for ministering such Oaths, you are a
Traitor.
Campion, Neither is these, neither can
there be any tliitig imagined more directly con-
trary or repugnant to my calling, as upon any
occasion to minister an Oath : neither had 1
any power or authority so to do : neither
woulJ I commit an Offence so thwart to my
profession, for all the substance and treasure in
the world. But admit I were authorized,
what necessity importeth that reason, that nei-
ther being set down by my hand writing nor
otherwise derived by any Proof firom myself,
but only found in places where I resorted,
therefore I should be he by whom they were
ministered. This is but a naked presumption
(who seeth it not) and notliing vehement nor of
force against me.
Anderson, It could not otherwise be intend-
ed but that you ministered those Oaths, and
that being found behind you it was you that
left them. — For if a poor man and a rich iban
come both to one house, and that afler their
departure a bag of gold be found hidden, for as
much as the poor man had no such plenty, and
therefore could leave no such bag behind him,
by common presumption it is to be intended,
that the rich man only and no other did hide
it. So you a professed papist, coming to a
house, and there such rcliques found after your
departure, how can it otherwise be implied than
that you did both bring them and leave them
there, so it is flat they came there by means of
a papist ; ergo by your meana.
Cinnpion, Your conclusion had been neces-
sary if you had also shewed that none came
into the house of my profession but I ; but here
you urge your conclusion btfore you fnime
your minor ; ergo it proveth not.
Anderton, It here as you do in schools you
bring in your minor and conclusion, you will
pro\'e n fool ; but minor or conclusion, I will
orinii; it to pnrpose anon.
QuetjCs Coumel. You refuse to swear to
the Supremacy, a notorious token of an evif
wilier to the crown ; insomuch as being de-
manded by the Commissioners, whether The
Bull wherein Pius the 2nd,, had excommuni-
cated her majesty, wherein your opinion of
force or no, you would answer nothing, but that
these were bloody questions, and that they
which sought these, sought your life : also re-
sembling the Commissioners unto the Phari-
sees, who to entrap Christ propounded a dilem-
ma, whether tribute were to be paid to Caesar
or no ; so that in your Examination you would
come to no issue, but sought your evasions and
made Answers aloof, which vehemently ar-
gueth a guiltiness of conscience, in that the
truth would never have sought covers.
The two Commissioners, Mr. Norton and
Mr. Ilamon, were present, and certified the
matter as the Quecn*s Counsel had urged it.
Campion, Not long since it pleased her ma-
jesty to demand of me whether I did acknow-
ledge her to be my queen or no. I answered
that I did acknowledge her highness not onljr as
my queen but as my most lawful governess,
and being further required of her majeilty whe-
ther I thought the pope might lawfully excom-
municate her or no, I confused myself an
insufficient umpire between her majesty anfd
the pope, for so high a controversy, whereof
neither the certainty is as yet known, nor the
best divines in Christendom stand fully resolv-
ed . Albeit I thought that if the pope should do
it ; yet it might be insufficient, for it is agreed
ciavis errare potest, but the divines of the catho-
lic church do distinguish of the pope's autho-
rity, attributing uutn him ordination and inordi-
nvition, potestatan, ordinateuiy whereby he pro-
ceedeth in matters merely spiritual and perti-
nent to the church, and by that he cannot ex-
communicate any prince or potentate, Jnor-
dinatent, when he passeth by order of law, as
by Appeals and suchlike, ancl so as some think,
he may excommunicate and depose princes.
The self same Articles were required of roe by
the Commissioners, but much more ' urged to
the point of Supremacy and to further suppo-
sals than I could think of. I said, indeed, thcj
were bloody ouestions, and very pharisaical,
undermining or my life ; whereunto I answered
as Christ did to the dilemma. Give unto Cassar
that is due to Caesar, and to God that to God
belongeth ! I acknowledge her highness as mj
governess and sovereign. I acknowledged her
majesty hoih facto et jure, to be queen. I con-
fessed an obedience due to the crown as to my
temporal head and primate. This I said then,
this I say now. If, then, I failed in ought, I
am now ready to supply it. What would you
more ? I willingly pay to her majesty what is
hci-s. yet I must pay to God what is his. Then,
as for excommunicating ^hcr majesty, it was
eiartcd of me, admitting that Excommunica-
tion were of eflect, and that the pope bad suf-
ficient authority so to do, wjietlier then f
thought myself discharged of my allegiance or
no? I said this was a daiigeroas question,
and they that demanded Uiit '^
i(t^3] STATE TRIAI^, 24 Etiz. nSl.^Arraigntntm <f Edmund Cdsnpixm, [10C4
Mood. But I never admitted any such matter,
neither ought I to be wrested with any such
•upposttioiis. Whaf, then, say they, because
1 would iM>t answer flatly tu that wiiich I could
not, forsooth 1 sought corners ; mine answers
were aloof. Weil, hincc once more it must
needs be answered, 1 say eeneraliy that these
matters be merely spiritual ja^ints of doctrine
ftod disputable in schools, no part of mine In-
dictment, not to l>e given in evidence, and un-
fit to be discussed at the King's Bench. To
CQncludc, they are no matters uf fact ; they be
not in the Trial of the country,. the Jury ought
not to Cake any notice of ihem ; for although I
doubt not but they are very discreet men and
trained up in great u«e and experience of con-
troversies and debates pertinent to their call-
ings, yet they are laymen, they are unfit judges
to decide so deep a question.
Eliotf a Witness, deposed against Campion,
that be made a Sennrm in Berkshire, his text
being of Christ weeping over Jerusalem, where-
in Campion sheweth many vices and enormi-
ties here abounding in England, and namely
lieresies, wherewith he was sorry that his coun-
trymen wer« so blinded ; but hoped shortly
there would hap a day of change comfortable
to the catholics, now shaken and dispersed, and
terrible Co the heretics here fluunshing in the
land,
QueenU C(mns§L See, what would you wish
more manifest. The great day is threatened,
comfortable to them, and terrible to us, and
what day should chat be, bat that wherein the
pope, thie king of Spain, and Che duke ot Flo-
rence have appointed to invade this realm.
Campion* O Judas! Judas! no other day
yras in my mind, I protest^ than that wherein
It should please God to make a restitution of
faith and religion. For as in all other Chris-
tiMi conuDonwealtbs, so in England, many vices
and indignities do abound, neither is there any
realm so godly, no people so devout, no where
to religious, but that in tlic same very places
tnany enormities do flourish, And evil men
Lear sway and regiment. Whereupon, as in
every pulpit every pnitestant doth, I pronounc-
ed a great day, not wherein any temporal po-
tentate shoola muster, but wherein the terrible
Jadge should reveal all men*s consciences, and
try every man of each kind of religion. This
is the day of change^ this is the Great Day
which I threatened, comfortable to the well-
being, and terrible to all heretics. Any other
day than tliis, God he knows, I meant not.
Munday, a Witney, deposed that he lieard
the Enghslunen, as the Doctor and others,
talk and conspire of these Treasons against
England, and that Campion and others after-
ward had conference with Dr. Allen.
Canipion, Here is nothing deposed against
me directly, and as for any Conference with
Dr. Allen, that hatli appeareil when and what
it was.
Evidence was next given against Shenvin,
who before the Commissioners had refused to
swtar to the Supremacy, neither would answer
plainly what he thought, of the Pope's Bull, bat
confessed that his coming into England was to
persuade the people to the catholic religion.
Queens Counsel. You well knew that
it was not lawful for you to persuade tlie
queen's subjects to any other religion, than by
her highnesses instructions is already professca,
and therefore if tliere had not been a further
matter in your meaning, you would have kept
your conscience to yourbclf, and yourself where
you were.
Shenvin, W^e read that the apostles and &-
thers in the primitive church have taught and
preached in tiie dominions and empires ot eth-
nical and heathen rulers, and yet not deemed
worthy of death. The sulTerance perhaps and
the hke toleration 1 well hoped for in such a
Commonwealth, as where open Christianity
and godliness is pretended, and nllieit in such
a diversity of religion, it was to be feared lest
I should not discharge my conscience without
fear of danger, yet ought I not therefore to sur*
crease in my functions, although that consci-
ence is very wandering and unsteady which
with fear of danger drawethfrom duty.
One of the Judges, But your case difTereth
from theirs in the primitive church, for that
chose apostles and preachers never conspired
the death of the emperors and rulers in whose
dominions they so taugtit and preached.
The Clerk of the Crown read a Letter which
shcweth that by tlie fireside in the English se*
minary beyond the seas, Sherwin should say^
That if he were in England he cOuld compass
'many things. That there was one Arundle ia
Cornwall who at an instant could levy a great
power, and that if an army were to be sent
mto England the best landing would be at St.
Michael's Mount.
Sherwin, 1 never spake any such matter,
God is my record ; neither ever was it the least
part of my meaning.
Bosgrave*s Opinion was read, wherein he hsd
denied the Supremacy, and staggered without
any perfect answer to the Bull, but said that
he came into England to persuade and teach,
ackiM)wledt;ing her inujchty his queen and tem-
poral bend. In which Examination he confess-
ed, that beyond the »cas he heard it reported
how the pope, the king of Spain, and the duke
of Florence wouid send a great anny into Eng-
land to deprive the queen's majesty both of
life and dignity, for the restitution of tbe ca-
tholic religion.
Quecn^s CimnscL The keeping close and
not deiectinu; of Treason maketh the hearer of
it to becotuo a Traitor, and therefore, in as
much as vou concealed what you heard, and
made not information of it to her majesty, the
council, nor the commonalty of this realm, yoa
bccanle thereby privy and party unto it, and
thcH'forc in tiieso rei.pects you are a Traitor.
}i(i$:iraTi\ What ? am I a traitor because I
heard it spoken ?
But Campion perceiving Bosgravc merely
daunted with the matter, spake to excuse bins
in maimer as foilowtth s
1065] STATE TRIALS, 24ELiz. 1 591. r-and others, for H^h Dreason, [1066
Campion^ Mj lord, it is not unknown to
yoar houour how brittle and slippery ground
fame and reports ai^ wont to be built on ; the
which as for the most part they are more false
than credible, so ought they always to make
men war^ and fearful to deal with them, inso-
much that the broacher of rumours and news,
2s he that commonly getteth least credit or
thanks for his labour. The cause is the proper-
ty and nature of fame, whi6h is never but un-
certain and sometime but forged; for who
iindeth it not by daily experience, how that in
every city, every village, vea, and in most bar-
ber^s shops irf all England, many speeches both
of estates and commonwealths be tossed which
were never meant nor determined of in the
court : If it be so in England, shall we not look
for the like in Italy, Flanders, France, and
Spain ? Yes truly ; for though the countries do
diifer, yet the nature of the men remaineth the
same, namely, always desirous and greedy of
news. Many things there be diverse^ report-
ed and diversely canvassed by the common
sort which never were intended by the bearers
of rule and principality. Were it not then a
p'eBt point of credulity for a man divided from
England by many seas hnd lands, upon a mat-
ter only blazed among the vulgar people, either
by journey or letter to certify, the queen's coun-
sel or commonalty of things never purposed,
nuch less put in practice. I think rather Mr.
Bosgrave's 'discretion to have been greater in
passing such dangerous occasions with them-
selves, than otherwise it had been in using
means to bewray them. But, suppose he had
done as you wuuld have had him, and what he
heard there he had signified here ? What had
come of it, marry then, greater danger for
slandering the realm, and here little thanks for
his false information. So that if he would deal
either wisely or safely, how could he deal bet-
ter than to do as he did ?
Attorney General, There is no cloth so
coarse, but Campion can cast a colour on it.
But what was it not Bosgrave's own confession
that be arrived into England to teach and per-
suade the people, and what persuasions should
they be but to prepare a readiness for these
wars ?
Campion, These be but faint and bare im-
plications, which move but urge not, affirm
out prove not ; whereas you ought not to am-
plify and gather upon words when a matter con-
cemeth and toucheth a man's life.
Cottam in his Examination would neither
•gree to the Supremacy, nor answer directly
concerning the pope's authority.
Queen* t Counsel, You came into England
at or near the same time that the rest came ;
so that it must needs be intended a match
made between you, for the furtherance of those
which were then brewing, and how answer you
thereunto ?
Cottam. It was neither my purpose nor my
message to come into England, neither would I
have come had not God otherwise driven me,
for my journey was appointed to the Indians,
and thither had I been, had my health been
thereto answerable, but in the mean whiles, it
pleased God to visit me with sickness, and bc^in^
counsel by the physicians for my health's
sake to come into England for otherways as
they said either remaining there or going else-
wheise I should not recover it. I came upon
that occasion and upon no other into this
realm.
Campion. Indeed the physicians in Rome
have held for certainty that if an Englishman
shall fall sick, amongst them, there is no better
nor scarce any other way for his health, than to
repair into England, there to take his natural air
which best agreeth with his complexion.
Cottam, And that only was the cause, and
not any determinate intent either to persuade
or dissuade, being otherwise by my provost
charged to the Indians. Neither after my ar-
rival here did I hide myself nor dealt otherwise,
than might beseem any man that meddled no
more than I did. I lay for the most part in
Southwark, I walked daily in PauKs. I re-
frained no place, which betokened my inno-
cency. *
Queen's Council, Did you neither persuade
nor dissuade ? was there not a Book found in
your budget, the contents whereof tended to no
other purpose, the .which was made by one Dr.
Espigneta intitled Tractatus conscicntia^ con-
taining certain Answers unto the Supremacy,
how superficially to frustrate any kind of de-
mand, with a further method how you ought to
demean yourself in every kind of company,
whether it Were of Protestants or Puritans,
and what . speeches you should use to convert
them both; as unto the Protestants highly com-
mending them and shewing that they are far
nearer the right way then the Puritans, and
whom you should utterly dispraise unto the
Puritans, likewise in commending the Protes-
tiints and persuadins them to the obedience
of the pope? to what end then should you
carry this l>ook about you if you were not pur-
posed to do as it prescribeth r
Cottam, I protest before God I knew no-
thing of tnat Book, neither how nor when it
came to me.
Then Campion, seeing him driven to so nnr«>
row an exigent as to deny that which was ma-
nifest, answered for him to this effect foUou ing :
Campion, Many casualties and events may
happen whereby a man may be endangered
ere he beware, by the carrying of a thing
whereof he knoweth not, as either the malice
of others that privily convey it amongst other
his provisions, or his own negligence or over
sight which marked not attentively what he
took with him, whereof both are to be judged
his errors yet not deemed an offence. And
therefore this cannot be maintained to be done
by Mr. Cottam on purpose, which we see ilally
to be out of his Knowledge. But, suppose
that purposely he brought the book with him,
yet what can that make against him for Trea-
son ? It treateth of conscience ; it toucheth
good demeanour ; it sheweth how t.^ v\\^« \K\«.
1067] STATE TRIALS, 24 Eliz. ] 5Sl. ^Arraignment qf Edmund Campum, [1068
unbelieving faithful matters wholly spiritual,
points of ediiication, prepnrin^ to Godwards,
where is then the Treason ? But* were these rea-
sonb impertinent, yet it is a custom with all stu-
dents beyond the seas, when any man learned
ur well thought of drawcth a treatise touchini^
cither conscience or good bcliaviour to copy it
out and to carry it about with them, not thereby
aiming at any faction or conspiracy, but for
their own proper knowledge mid private in-
struction.
Johnson would neither grant to the Supre-
macy, neither held any resolute opinion of the
pope's authority in his Bulls and Excommunica-
tions.
Eliot, a Witness, deposed against Johnson,
. that at Christ's Mativity come two years being
at my lady Peter*9 house, he fell into acquaint-
ance with one Pain a priest, that exercised the
office of a steward in the house, who by reason
tliat he was appointed to be his bedfellow grew
into a further familiarity with him, in so much
that at length he ventured to dissuade him from
his Allegiance to her majcbty, and to become
subject to the Uope ; athrniiug, that her high-
ness could not live for ever, and that shortly after
her days the Catliolic religion bhould be restored.
For the furtherance whereof the Catholics be-
yond the seas had alrt»ady deviled a practice,
which is this, that fifty of them (whcreMf either
should know other) should come to the court
furnished with privy coats, pocket dagger and
two-handed sw urds, attending until her majesty
should take the air or go on some petty progress,
and then some of them should set upon her
majesty, some upon the Lord Treasurer; some
upon the earl of Leicester, some upon sir
Francis Walsingham, and others upon others the
favourers of this heretic.d religion, there to kill
her majesty and take her by the hair of the
head unto an horse to be lugged and haled up
and down to the joy of all Catholics and dis-
tress of all heretics, of which so Pain asked
this deponent if he would be one ; adding fur-
ther (hat if he had place and opi>ortunity con-
venient he would stab her majesty with a dag-
ger himself, for he thought it no more unlawful
to kill her than to kill a brute beast. After
which eomniunication Pain not finding this
Deponent so conformable unto him as he iioped,
and receiving a bitter and flat refusal of his
ungracious proffc, conveyed himself away and
was no nioie to l»e heard of. Whereupon this
Johnson now arraigned came to the Deponent
and en(]iiiiVd what was Ucomc of Pain, to
wiioni lie answered, that he knew not. Then
said Johnson, lie is gone beyouil the seas for
fear you would dijjcover hi» secrets, and there-
fore here I forrwiiru and conjure vou not to dis-
clobe any thing that Pain hath told you, for ii
you do you stand in ^tate of dimniation.
Johmon, I ne\er in my life had any i-uch
talk with him, nor uttered any such speeches
tending to any such niaticr.
Bristowc*s Kxaininution was read, wherein
he hati acknowledged her majesty his lawful
f]uecn and governes»S| and thot notwithstandiDg
ought that the pope had done or could do,
she was his Supreme Iload.
Queens Counsel. What was then the cause
of your coming into this realm ? for it seemeth
by your sudden arrival and journeying with
the rest that you were also a party, and fur-
therer of their purpose.
Bristow, I have to my, mother a poor
widow, who besides had one other son, with
the company of whom during bis life she w&s
well paid ; but it pleased God afterwards tn
dispose him at his mercy and to deprive my
mother of his future succour. She taking the
matter very heavily, used what means she might
possible for my return, she sent letters after
letters, and those so importunate that while I
could, I must needs come home. The which
was the only cause of my arrival and not any
other, God is my witness.
Mundai/. Anthony Munday deposed agaiitft
Bristow, iliat he should say he was cunning in
fire works, and that shortly he would make a
confection of wildfire, wherewith he would
burn her majesty when the were on the Thama
in her barge, and the deponent swore further,
that he heard it spoken beyond the seas, thit
whosoever had not the watchword, which wis
" Jesus Maria/' should be slain.
Bmtow. I call God to witness I never iof-
fered such thoughts, nor never had any such
cunning in fire works, and therefore be swear*
eth the greatest untruth that may be.
Kirbie in bis Examination for the Supremacy
and the po|»e's authority, was of no other opi-
nion than was Campion.
Sleidon, a Witness, deposed against Kirbie
that being beyond the seas this Kirbie came to
his bedside and counselled him to Iwware bow
he dealt witli any matters in England, for there
would come a great day wherein tlie pope, the
king of Spain and the duke of Florence, should
make as great an alteration as ever was. He
deposed, that Kirbie was at a sermon of Dr.
Allen's, who then persuaded the priests and
seminary men to take their journey into En^
land, to remove the Englishmen from thor
olj.edience to her highness, and to persuade
them to aid the pope and bis confederates. He
deposed, moreover, that beyond the seas he
spake with one Tedder a familiar friend of
Kirbie's, of whom he Deponent demanded, whe-
ther he were of kin to her majesty, for that his
name was Tedder, whereunto he answered, that
if he knew liimself of kin to that Whore of
Babylon, that Jezebel of Kngland, he would
think the worse of himself as long as he lived,
but one day he would make a journey into
Enghind, and if it were possible dispatch her
our of the way.
Kirliic, As I hope to be saved at the last
Doom, there is not one word of this Depositioo,
that concenicth me, either true or credible,
neither at any time made I the least mention
of that alledged day, neither was I present at
any Sermon so preached, hut I always bare M
true and faithfu) heart to her majesty n inr
subject whosoever did in England, idsoidocb
i.k-i
1069] STATE TRIALS, 2\ Eliz. 1581 — and oiJier8,/ar High Treason. [1070
that I never heard her majesty evil spoken oT,
but I defended her cause and alwaja spake
the best of her bighbess : it is not unknown
that I saved English mariners from hanging,
only for the duty 1 bore to her majesty with
the love and good will which I bore to my
country, but you that have thus deposed, when
was this Sermon (that you tulk of) so preached ?
at what time of the day ?
The Witness answered, that the same day
there were three philosophic Disputations,
after the which the Sermon was preached.
Orton would neither agree to the Supre-
macy, or ' openly affirm what authority the
pope had, nor whether he thought the excom-
munication sent from pope Pius V. to be of
force or no.
Mundavy a Witnes9, deposed against Orton,
that he being at Lions in France said unto
thu deponent, that her majesty was not lawful
queen of England, and that he ought her no
kind of obecUf nee : the deponent said further,
that this Orton made suit \into Dr. Allen, that
he might be one of the pope's Pensioners,
whereunto Dr. Allen woula not agree, unless
Orion would become a priest or seminary man,
which he refused.
Orton, I utterly deny thot I ever had any
speech with the WitnedS, cither at Lions or
dsewhere, but he manifestly forswearcth him-
self as one tliat having neither honesty nor re-
ligion, careth for neither.
The same all the parties indicted did affirm,
and that be was an Atheist ; for that beyond
the seat he went on pilgrimage, and received
the Sacrament, making himselt a Catholic, and
here he taketh a new iiicc and playeth the Pro-
testant, and therefore is an unfit and unworthy
Witness to give in evidence or depose against
life.
Mmulayy the Witness, answered, That in
France and other places he seemed to favour
their religion, because he might thereby under-
mine than and sift out their purposes.
The Prisoners took exception to another of
the Witnesses, wliich of them I know not, for
that be was a murtherer, and had slnin two
aeo already well known by his own Confession
and acknowledgment : for the which reason he
was no sufficient nor allowable Witness.
These masters thus sifted, and that the Jury
ihoald pf|ss, one of the Justices said to the
Jurors, All the matter resteth jn this, whether
to believe the Prisoners that speak for their
bves, or the Witnesses that come freely to de-
pose as they are demanded, the Witnesses
sffirnf sufficient Proof against them ; they deny
whatsoever is alledged.
Lord Chief Ju$tic^ Yon that be here in-
dicted, you see what is alledgcd against you.
In discharge whereof, if you have any more to
Sty, speak, and we will hear you until to-morrow
morning. We would be loth you sliould have
adjr occasion to complain on the court, and
Ihereibrc, if ought rest behind that is untold,
that is available for you, speak and you shall
be heard with indifference.
They all thanked bis lordship, and said they
could not otherwise affirm hot that they had
found of the Court both inditiereuce and jus-
tice.— Whereupon Campion made this Speech
to the Jurors.
Campion. What charge this day you sostain,
and what accompt yon arc to render at the
dreadt'ul Day of Judgment, whereof I would
wish this also were a mirrour, I trust there is
not one of you but knoweth. I doubt not but
in like manner you forecast hew dear the inno-
cent is to God, and at what price he holdeth
man's blood. Here we are accused and im-
pleaded to the death ; here you do receive
our lives into your custody ; here must be your
choice, either to restore them or condemn
them. We have no whither to appeal, but to
your consciences ; we have no friends to make
there but your heads and discretions. Take
heed, I beseech you, let no colours nor induce-
ments deceive you ; let your ground be sub-
bUntial, for your building is weighty. All this
you may do sufficiently, we doubt not if you
will mark intentively what things have been
treated, in three distinct- and several points.
The speech and discourse of this whole day
consisteth, first, in Presumptions and Proba-
bilities ; secondly, in matters of Religion ; lastly,
in Oaths and Testimonies of Witnesses. The
weak and forceless Proof that proceedeth from
conjectures are neither worthy to carry the
Verdict of so many, nor sufficient evidence for
trial of man's life. The constitutions of the
realm exact a necessity, and will that no man
should totter upon the hazard of likelihoods ;
and albeit the strongest reasons of our accusers
have been but in bare and aaked Probabilities,
yet lure they no matters for you to rely upon
wIk) ought only to regard what is apparent.- Set
circumstances aside, set presumptions apart,
set that reason for your rule which is warranted
by certainty. But Probabilities were not the
only matters which impertinently have been
discussed, they were also points of d.'Ctrinc and
religion, as excommunications, buok<«, and
f)mn})hlets, wherein a great part of il»e day
lath been as unfitly consumed. Insomuch
as this very day, you have heard not only us,
but also the pope, the kingofSpain, the duke of
Florence, Allen, Sanders, Bristow, Espigneta,
and many more arraigned. What force ex-
communications be of, what authority is due to
the bishop of Rome, how mens consciences
must be instructed, are no matters of fact, nor
triable by Jurors, but points yet disputed and
not resolved in Schools, how then can be de-
termined by you, tlM)uj;h wise, yet lav, though
otherwise experienced, yet herein ignorant.
But were it so that for your knowledj;e and
skill in divinity ye might seem approved cen-
snrers of so high a controveMV, yet are they
no part of all our Indictment, and therefore
not to be respected by the Jury. You per-
chance would abk of me, if lliese prove nought
against us, what then should we enquire of,
for these, set aside the rest, is almost nothin|r >
pardon me, I pray you, our innocenc^ is \uc\v
1 07 1 J STATE TRIALS, 24 £liz. 1 58 1 .—Arraignment qf Edmund Campkm. [1072
that if all were cut off, that hath been objected
either weakly or uutruly against us, there would
indeed rest nothing that might prove us guiltjr,
but I answer unto you, that what remaineth
be Oaths, and those not to rest as proofs unto
jou but to be duly examined and fully' consi-
dered, whether they be true and their deposers
of credit. In common matters we often see
witnessed impcaled, and if at any time, 'their
credit be )itt!f>, it ought then to be least when
they sweur against life. Call I pray you to
your remembrance how faintly some have de-
posed, how coldly others, how untruly the rest;
especially two who have testified most. What
truth may you expect from their mouths, the
one hath confessed himself a murderer, the
other well known a detestable Atheist, a pro-
fane heathen, a destroyer of two men already.
On your consciences would you believe them ?
They that have betrayed both God and man,
they that have left nothing to swear by, neither
rehgion nor honesty. Though you would be-
lieve them, can you? I know your wisdom is
greater, your consciences uprighter ; esteem of
them as they be, examine the other two, you
shall find two of them precisely to affirm that
we or any of us have practised ought that
might be prejudicial to this state or dangerous
to this commonwealth. God give you grace
to weigh our causes aright, and have respect
to our own consciences, and so I will keep
the Jury no longer. I commit the rest to
God, and our convictions to your good dis-
cretions.
The Jury departed under their Warden's
custody, where they staid au hour, and then re-
turned and pronounced all Guilty.
Anderson. Forasmuch as these Prisoners here
indicted and arraigned in their Arraignment
undertook to be tried by God and their coun-
try, and by the Verdict of a whole Jury, directly
and by most sufficient and manifest fevitlence,
are found Guilty of the said Treasons and
Conspiracies: we pray your lordship to accept
of the Verdict, and in her majesty's behalf to
give Judgment against them as Traitors.
Lord Chief Justice, Campion and the rest,
what can you say, why you should not die.
Campion, It was not our death that ever
«\e feared. We knew that we were not lords
of our own lives, and therefore for want of an-
swer would not be guilty of our own deaths.
The only thing that we have now to say is, that
if our Religion do make us Traitors vre are
worthy to be condeinued ; but otherwise are
and have been as true aulgecti as erer the
Queen had b^v, *
Lord Chirf Justice, Ypu must go* to the
place from whence you came, and there to re-
main until, &c. from thence, &c, you must be
drawn &c. unto the place of execution, f
All the Prisoners, after this Judgment given,
stormed in countenance, crying they were as
true and faithful subjects as ever the qoeea
had any. Only Campion suppressed his affec-
tion and said thus :
[Here follows a rhapsodical collection of
scraps of texts of Scripture, and of heads of ar-
guments for and against some Doctrines of the
church of Rome. It is not inserted, because the
MS. is in some places illegible, in others unin-
telligible, and because no part of it's contents,
seems to have any peculiar relation to the Trial.]
* ^' Edmund Campion was born in London
1540, and educated at Christ's Hospital, wliere
he delivered an oration before queen Mary at
her Accession. He was afterwards elected to
St. John*s College Oxford, by Wite, the Foun-
der, and received great apj>lause for an oration
which he spoke before queen Elizabeth, when
bhe visited the University. In J568 be went
to Ireland, and lyrote an History of the ooontTj,
in two books; but the suspicion of favouring toe
Catholic tenets renderecl him unpopular, and
he fled to the Low Countries. Here he re-
nounced Protestantism, and entered into the
body of the Jesuits at Douay, and from thence
passed to Rome, where he was received as a
true and useful convert. He wrote a tragedy
called ' Nectar and Ambrosia,' which was act-
ed before the Emperor at Vienna, and for si\
years he taught Rhetoric and Philosophy at
Prague, till he was commissioned by Pope
Gregory xiii, to pass over to England in 1580.
In this delicate employment he used all the
arts of cunning and insinuation, but though be
seems to have challenged the English clergy to
a trial of skill, yet be discovered too much ve-
hemence and impetuosity, and when ditoovered
by the emissaries of Walsingham, he was drsf-
fed to the Tower, and being found goil^ of
ligh-Treason for adhering to the Pope, tbe
Queen's enemy, he was himged and quaiteitd
at Tyburn, 1st Dec. 1581." Lerapriere.
t See the '* Letter to Don Bernardin Meo-
doza." 1 Harl. Misc. 14^. Load. 1808, and
*< The Execution of Justice in Engleod, &e.
without persecution for questioDt of Rdi^gioO|*
&c. 2 Harl. Misc. 137. Loud. 1809,
1073] STATE TRIALS, 24 Elk, \5BU—and ot!uri,for High Treason. [1074
Confessions of Edmund Campion, and other condemned Priests, his Associates, rela-
ting to their traitorous Practicesagaiost Queen Elizabeth: A.D. J 582. [Morgan's
Phoenix Britannicusi 48 1 .]
A PARTICULAR
Declaration, or Testimony,
OF TOE
TJndutiful and Traiterous Affection, bOrne
against her Majesty,
BY
EDMUND CAMPION, Jesuit.
AND OTHER CONDEMNED PRIESTS, WITNESSED
BY THEIR OWN CONFESSIONS ; IN REPROOF
OF THOSE SLANDEROUS BOOKS AND LIBELS,
DELIVERED OUT TO THE CONTRARY, BY SUCH
AS ARE MALICIOUSLY AFFECTED TOWARDS
HER MAJESTY AND THE STATE.
** Submit yoiirsehes unto all manner of Or-
dinance uf Man for the Lord's sake, whether it
be unto the King, as unto the Superior ; or unto
Governors, as unto them who are sent of him,
for the punishment of Evil Doers, and for the
praise of them who do well.'' 1 Pet. ii. 13.
Fublislicd by Authority.
Imprinted at London, by Christopher Barker,
Printer to tlie Queen's Most Excellent Ma-
jesty. A. D. 1582.
To all her Majestj/'s good and faithful Subjects,
Although the course of proceeding in the
late Indictment, Arraignment, Trial, Judg-
ment, and Execution of Edmund Campion,
and others, being as well upon sundry of their
Writings, Letters and Confession, as also, upon
other good and manifest proofs, found Guilty
of High Treason, was such as ought, in truth
aud reason, to satisfy all indifferent persons,
and well-affected subjects, to whom her ma-
jesty's merciful and gracious inclination to-
wards offenders, is so well known : yet hath it
been found, that some disloyal and unnatural
subjects have untruly spread abroad sundry
rumours and reports ; and have published di-
wen slanderous Pamphlets, and seditious Li-
bels, as well in this realm, as in foreign parts,
in sundry strange langua^eS| in excuse and jus-
tification of the said Traitors, so justly exe-
cuted ; witli purpose to defame her majesty's
honourable course of justice, so much as lietli
in them : setting; out those condemned persons
as men of singular virtue and holiness, and as
her higbness's true, loyal, devoted, and obedient
subjects; and in no wise spotted with any stain
of ill-disposed affection towardb ber majesty ;
being not otherwise to be charged, than with
certain points of Religion, which concerneth
only matters of conscience, which were no way
prejudicial to her majesty *8 state and govern-
ment; with divers like untruths, vrhich are
YOL. I.
meaned shall be answered hereaHer more at
large; whereby, both the malice of the writers
may be uiade known to ibe world, and her
majesty's most merciful and gracious goYerii-
ment may be preserved from the malice of such
unnatural and undj^tifiil subjects.-^In the mean
time, notwithstanding die lords and others of
her majesty*s most honourable Privy Council,
being desirous that the dutiful subjects, may
be preserved from the undermining of such se-
ditious slanderers, whereby, otherwise, thej
might haply, by such wicked illusions, be car-
ried into some hard conceits, touching the due
and lawful Proceeding against the said Traitors;
have found it very expedient, that as well cer-
tain Confessions taken of the sai4 Campion,
and others, before his Arraignment^ as also,
certain Answers, lately made to certain Arti-
cles propounded to those wbo were, at the same
time, condenined of High Treason, but ^et
spared from Execution, should be published
truly and sincerely, in such precise form of
wonis as the same have been acknowledged
and subscribed, not only with the proper hands
of certain persons of pubhc calhog and credit,
who were present at their Examination, and
have subscribed thereuixto ; but, also with the
proper hands of the Offend.ers themselves (Hart
' only excepted) as appeareth by the Originals
extant to be shewed ; whereby it may be most
evidently seen, even by themselves, still per-
sisting in their most traitorous affection, how •
untruly the said persons are reported to have
been, and to be true and faithful subjects, in
matter of her majesty*s State and Crown ; and <
how justly they were condemned for Treason, j ^
and not for Points of Religion : being those, ' n
who having been, by her majesty's clemency,
so long spared, upon hope ot repentance, con-
tinue yet still in such traitorous disposition of '
heart towards her highness ; two of them only
now acknowledging their duty of Allegiance,
though, in poiuts of Heligion, not reconciled :
as also one other, named Edward Rishton, who
did before, openly, at the bar, at the time of
the ArrainimeDt, varying from Campion, and
the rest of his fellows, therein, acknowledge his
Slid duty and allegiance to her majesty ; to-
wards whom, to the end it may appear unto
the world, that the said Campion, end the rest
who were executed, were not put to death for
Points which concerned matters of Conscience,
but for Treason, her majesty doth mean to ex-
tend her grace and mercy ; hoping, that as it
hath pleased God to frame their consciences
to acknowledge towards her that duly of alle-
giance, which, by the hiws of God and man,
tliey owe unto her, as their most lawful prince
andasovereign, so he will, hereafter, open their
eyes, to see liow dangerously they have been
hitherto, through false and erroneous docthnei^
seduced, as well in i&»xve.x^ cwvK»\^\w^'^tkXt
3Z
1075] STATE TRIALS, 24 Eliz. 1581 Arraignment qf Edmund Campion, [1076
duty towards God, as in their allegiance towards
their prince. — It is also looked for, that all such
IIS make profession to be dutiful, and well-af-
fected subjects, howsoever they be atfectcd in
Religion, seeing the most dangerous and per-
nicious Opinions which are held and maintained
by these Jesuits, and Seminary-men, sent into
this realm, will, hereafter, as well in respect of
the duty they owe unto her majesty, as for the
care they ought to have, as good membei's of
this reahn, to preserve the tranquillity thereof,
as a thing which importeth every man*s parti-
cular duty, not only refuse to receive and har-
bour such disloyal persons, but also do their
uttermost endeavour to apprehend them, and
to present them to justice, whereby they may
receive such condign punishment, as is meet to
be indicted upon disturbers of the public peace
in realms and kingdoms.
D. Sanders, De Visibili Monarchia ; lib. 7.
pag, 730.
Dr. Sanders reporteth ; That in the year
1569, Pius Quintius, (the pope) Pontifex Max-
imum, sent Nicholas Morton, an Englishman,
doctor of divinity, into England, to admonish
certain catholic noblemen ; That Elizabeth,
which then governed, was a Heretic, and, for
that cause, hath, by very law, lost all domi-
nion and power which she usurped over the
catholics, and may freely be accounted, by
them, as a heathen, and publican ; and tliut
they are not, from thenceforth, bound to obey
her laws or commandments. — Whereupon he
saith, That many noblemen adventured to de-
liver their brethren ab hereticorutn tyrannide ;
from the tyranny of the heretics. And, al-
though things fell not out to their expecta-
tion, yet he saith ; The purposes, or endeavours
of these noblemen were to be praised, which
wanted not their certain and happy success.
Por though they were not able to draw the
souls of all their brethren out of the pit of
Schism, yet both they, themselves^ nobly con-
fessed the Catholic faith, and many of them
gave their lives for their brethren, which is the
ighest degree of charity ; and the rest of
them rescued themselves from the bondage
both of schism and of sin, into that freedom
wherewith Clirist hath made us free.
Bristow in his Book of Alotives, publnhed ztUh
allozL'ance of Dr. Allen, in the 15th Motive,
Fol. 7'2. C. 73.
For a full Answer to them all, although the
very naming of our catholic martyrs, even of
this our time, to any reasonable man, may suf-
fice; as the bishop of Rochester, sir Thomas
More, the monks of the Charter-House, with
many more under king Ilcnry : and now, of
late time, all our holy martyrs, who have been
and daily are m:ule, by loss of their livings, by
poison, by whipping, by famishing, by banish-
ment, bishops, priests, deans, archnleacons,
knights, esquires, gentlemen, laymen of «il sorts;
canons, ecclesiiiiitical persons of all sorts ;
io biany, likewise, who have openly sufiered ;
the good earl of Northnmberland^ D. Story,
Felton, the Nortons, M. Woodhouse, M.
Plumtree, and so many hundreds of the northern
men : such men, both in their life, and at their
death, as neither the enemies have to stain
them, a^ their own consciences, their own talk,
and the world itself doth bear good witnew.
Many of them, also, and therefore all of tltetn
(because of their own ciuise) being by God
himself approved by miracles most undoubted.
Although, I say, no reasonable man will think
those stinking martyrs of the heretics worthy,
in any respect, to be compared with these
most glorious martyrs of the Catholics, yet
supposing, &c.
S(tnders, lib. 7. p. 732.
Speaking of the Nortliem Commotion, be
saith ; Verily, this must needs be imputed to a
miracle, that whereas near 500 men of those
who cook arms for the faith, were taken, and
put to death by the heretics, yet there hath
not been found any one of them, which hath
either forsaken the Catholic faith, or bath ac-
cused of any blame the authors of that war. —
And a little afler, there suffered also a noble
martyrdom, in the same cause, two worshipiiil
gentlemen, of the house of Nortons, of whom,
the one was called Thomas Norton, the other
Christopher; and Christopher was Thoinas*i
brother s son, and Thomas was Cbristopher'i
uncle; who both could neither be removed,
from their faith, nor be brought to confess Eli-
zabeth to be lawful queen.
Sanders, lib, 7. p. 734.
After a long recital of the Causes wbicli
moved Pius Quintus to excommunicate her
majesty, he saith; of the fulness of apostolic
power, hath declared the said Elizabeth a he-
retic, and a favourer of heretics: and that
such as adhere unto her, in the premises, have
incurred the Sentence of Anathema, accursed.
Moreover, that she is deprived of her pretend-
ed right of the said kingdom ; and also, of all
and whatsoever dominion, dignity, and privi-
lege. Farthennore, that the nobles, subjects,
and peoples of the said realm, and all other
which, m any wise whatsoever, have taken
oath unto her, are assoiled for ever from such
oath, and utterly from all duty of allegiance,
fidelity and obedience, even as he then assoiled
them by authority of his sentence, and deprircd
the said Elizabeth of her pretended right of the
kingdom, and all other things above-said. And,
he hath commanded and forbidden all, and
every the nobles, subjects, peoples, and other
aforesaid, that they be not so bold to obey her,
or her advertisements, commandments, or laws;
and whosoever other^visc do, he hath bound
with like sentence of curse.
Bristow y in his 61 h Motive^ fol. 31.
Whereby it is manifest, that they do mise-
rably forget themselves, who fear not Excom-
munications of Pius Quintus, of holy memoryi
in whom Christ himself, to have spoken and
excommunicated, as in St. Paol» thoy may coo*
sider, bv tlie miracles that Chrbt by him, ti bj
St. Paol| did work.
1077] STATE TRIALS, 24 Eliz. IdSU-^'and others, for High Treason. [1078
In his 40th Motive, under the Title^ ' Obedient
Subjects:
Ahd, if at any time it happen, that after
long toleration, humbly beseeching, and often
admonition, of very wicked and notorious
apostates and heretics, no other hope of amend-
ment appearing, but the Elthy wretch, daily
more and mor2 defiling himself and otiiers, to
the huge great heap of their own damnation ;
that after all this, the sovereign authority of our
common pastor in religion, for the saving of
souls, do duely discharge us from subjection,
and the prince-oflfender from his dominion :
with such grief of the heart it is both done of
the pastor, and taken of the people, as if a man
should have cut off from tiis body, for to save
the whole, some most priucipal, but rotten part
thereof.
Sanders, lib, 7.fol. 744.
Under this title, Insigne Martyrium Jo-
hannis Feltoni, &c. he saith . of Felton in
this manner : For he, let with the love and
zeal of the Catholic faith, when he saw, that
the (in a manner) desperate health of liis coun-
try could not be restored but by some most
bittcrmedicine, would not suffer that this sen-
Ceoce of the sovereign pastors should be hidden
from his countrymen and neighb<^urs. — And
afler the farther report of this fact, thus : But
when most diligent inquiry was made thereof,
John Felton being at length apprehended,
shewed himself a worthy witness of Jesus
Christ, and of the Supremacy by him ordained.
— Under this title ; Illustre Martyrium Jahan-
nis Storaei Angli, &c. In the year of our Lord
1571, the 25th of May, being brought to the
bar, he was arraigned of High-Treason, as he
who had conspired with certain men, in the
Low Country, in the city of Antwerp, against
Elizabeth, and had attempted to cnange the
schismatical religion, wliich now reigneth in
England, into the Catholic religion. Being
permitted to speak for himself, he only pleaded
to the jurisdiction of the court, denying that
the Judges themselves had any power over him,
who was now no subject to the Elnglish queen,
but rather to the lung Catholic. — And afler
farther discourse, of the speech of Dr. Story,
and of his Condemnation, he added thus:
Story two days after, writing to his wife, who
Iben remained at Lovain, and complaining of
the injustice of this Sentence, he advertised her,
that he could easily (if the matter had been
tryed before other Judges) confute what was
objected against him, touching the Conspiracy
made against Elizabeth ; whereof he alledged
for witness those witli whom he was said to
have dealed at Antwerp about this matter : but,
because he could bot he ignonmt of that which
he well knew, he could not otherwise plead
than he had pleaded. His meaning was, that
lie well knew, that the pretended queen of
England, by the declaratory sentence of the
pope, was for manifest Heresy, deprived from
ail right of the kingdom, and from dominion,
and that therefore, no magistrate created by
bcr, and adiwriDg to her^ could be acknow-
ledged by him, least himself also should be
'bound with the same curse. — And in t\\e end :
Therefore the first day of June' so great a
Martyr of God, was thrown upon a hurdle,
and drawn to the place of execution. 'And so
concludeth with the report of his Execution *•
The First of August, 1581.
Edmund Campion being demanded : Whe-
ther he would acknowledge the publishing of
these things before recited, by Sanders, Bri^tow
and Allen, to be wicked in the whole, or in any
part : and whether he doth, at this present, ac-
knowledge her majesty to be a true and lawful
queeh, or a pretended queen, and deprived,
and in possession of her crown only de facto K
He answereth to the First : That he meddleth
neither to nor fro, and will not farther answer,
but requireth that they may answer. To the
Second he saith : That this question clopendeth
upon the fact of Pius Quintus, wherof he is not
to* judge; and therefore refuseth farther to
answer. Edmund Campion. This was thus
answered and subscribed by Edmund Campion,
the day and year above written, in the presence
of us, Owen Hopton,. Robert Bealy Jo. Ham-
mond, Thomas Norton.
Short Extracts out of Briant and SherwinU
Corfessions.
Alexander Briant, — He is content to affirm,
that the Queen is his sovereign lady ; but he
will not affirm, that she is so lawfully, and ooglit
so to be, and to be obeyed by him as her sub*
ject, if the pope declare or command the con-
trary. And he saith, that this question is too
high, and dangerous for him to answer. — The
6tb of May, 1581, before Owen Hopton, knt.
John Hammond, and Thomas Norton. Whe-
ther the pope have authority to withdraw from
obedience to her majesty, he knoweth not.
Alexander Briant. The 7th of May, 1581.
Ralph Sherwin*s Examination,
Being asted; Whether the pope's Bull of
Deprivation of the queen, were a lawful Sen-
tence or no ? He refuseth to answer. — Being
asked; 'Whether the queen be his lawful so-
vereign, and so ought to continue, notwith-
standmg any sentence that the pope can givef
He doth not answer. — Being again asked ;
Whether the queen be his sovereign, notwith-
standing any sentence that the pope can give?
He prayeth to be asked no such ([uestion, as
mav touch his life. Ralpu Sjierwin. The
l^ili of Nov. 1580.
Articles ministered to the Jesuits and Semi"
nari/ Priests, which are in the Tower, and
were condemned ; with thtir Answers to ih€
same, 13 May lo82.
1. Whetuer the Bull of Pius Quintus t
• A more particular Account of this Dr.
Story, tuid of Felton and the two Norton's will
be found at the end of this Article.
t It deposed the queen by declaration, and
absolved her subjects from their obedience due
toiler.
I07y] STATE TRIALS, 2-I-Eli2. l5Sl.—AfTaisttmaUqfEd»amdCampiai, [lOtt
•gninst the qriecn's niaJMly be a latcful Sen-
tence, mill uui;lit II) be iibejied by i\,e ±iuhjecci
of Ei.t;l..iid * 'i. ^VlH»he^ the ijueeD's majesty
lie B l.iwl'ul queeii, aud uujjiii to be olieyed by
the lubje.j!) »t Eiii;lniid, iiuivriihitiindiiig the
Bull of Pius Quintus, ur any othtr Bull ur Sen-
tence that ibe p"tie hadi p^ uiiounceH, or imj
pri>nuunce, agaiiist her miijesty I 3. Whetbcf
the piipe have, iir h^iH piiwer, to anlhirixe the
earls ot' Ni>rtliuiiil>erljnri and Wi
and utber her miijeii y'n subjects, to rebel, or
take nmig aj^aiDK her iiiajeaty, ur (o authiiri/e
Dr. Snuiidera,t orotlieis, to invade Ireland, or
any oElier lier dtiniiDtnns, and lu bear arms
■gainst tier, and wheihtr chcy did therein lair-
fullf or nil } 4. Whether ihc pope have power
lo (iischarge any of her highness s lubjecU, or
the subjects of any christian prince, frnm their
allegiance, oroathol' obedience to her majesty,
orto [heir prince, for any cnuM)? A. Whcihrr
the ssid Dr. Saunders, in his bunk of the ' Visi-
ble Monarchy of the Church, and Dr. Bnstowt,
in hn Book uf Motives (writine in allowance,
cominciidattun, and conhnnalion of the taid
Bull of Pius Uuiiuus) hitve therein taught, tes-
tified, or maintained a truth, or a falsehood ?
fl. Ifthepopedo, by fais Bull, or Renicncc,
Cnounce her majesty to bo deprived, and no
ful queen, and her subjects to be dibchurgcd
of their nllc^ance, and obedience unto her;
and after, if the fiope, or any other, by bis ap-
pointment-and authority, do invade this realm,
which part would you take, or which part
ought a good subject of England to take i
Lvke Kirty't Anacer,
To the 1st he toitli, that the rewlulion of
this Article dcpendeth upon tho general que»-
tion ; Whether the pope may, for any cbum-,
depute a prince ; Wherein bis opinion is, that,
for some Onuses, he m.iy lawfully depose a
prince, and that such n sentence ought to be
obeyed. — To the 9nd, he ihinketh, that, in
■ome cases (as Infidelity, or such like) her ma-
jesty is not to be obeyed, anainst the Pope's
Bull and Sentence; lor so, lie luitli, he hulh
read, that the pope hath su done, de facto,
against other princes. — I'u (he 3rd, he saith, he
cannot niisnei it. — To the 4lb, that the pope
(for Infidelity) hath such poniir, *s is men-
tioned in this Article.— To the Stli, lie tbinketh,
that both Dr. Saunders, and Ur. BriTitowe
might be deceived, in those Points of their
Books; but ivhether they were deceived 'or
not, he relirrreih to Cutl. — To the last, he
eaith, that when the case shall happen, lie miiit
then take counsel, wliiit were bett for him to
do. Lt.-KE KiRDV. (Witness) John Popham,
Thomas Egertoii, Da. Lcnes, John ilam-
• Who upoo the score of relipon rebelled
■gainst her, anno 15&P.
t Sent into Ireland by Gr^ory 13, to foment
the rebel! ioD.
X Both of them affitming that kisp nuj be
4epoted bj the pope.
Tliomat Cotlom'i Aniaxr.
To the first, in this and all other queitioDi,
he believeth b« the Catholic church (iihich he
toketh tobe the church of Home) teacheibhim.
And uttier Answer he maketh not, to any of
the rest of these Articles, By me TaoMas
CoTTOu, Priest. (Witness) John Pophim,
Thuinas l^crton. Da. Lewes, John llominoiid.
Lamrtace Hichardion'f Aiuaer,
TothefiflhAitiGle,faeiuis»erttii,Tbatta&t
at Dr. Siiunders, and Dr. Bristooe aeree with
ilie CatliuUc doctrine of tlie church of Ili'iiie, he
allrmetli that doctniiG to be true. Aivi toucb-
u.fi, (he tinr, and all tiie rest of ilii.- Aniclet, he
sailh, that, in all niattiTs not rrpuKuaut to the
Cathiihc Keli|<iun, he prolesscth obedience to
her miijesiy, and otherwise nmk(.-tb no Antw<r
to any of them ; but believeth therein, as he ii
tau°lit by the Catholic church of Boine. Law.
Itii-HARUSON. (Witness) John Popham', Tbi.
Egerton, Da. Lewei, John Kammond.
ThoMat Fonfi Antaftr.
I'o the lirst, he saiih. That lie cannot answer,
because, he is not privy to the circumstances of
the Bull ; but, if lie did tee a bull published by
Gregory the 13Lh, he would then deliterhn
Opinimi thereof.— To the Snd, he suitli, IIke
the pope haih authority to depoiie a prince,
upon certain occasiunB : And, when such ■
Bull shuU be pronounced againat ber majeitT,
he will then answer, what the duty of ber sub-
jects, and what ber right is.— To the 3rd, ba
saitli, lla is a private subject, and will not
answer to any ol^tbci>e questions. — lo ibe 4th,
lie suiih. That the pope hath authority, upon
discharge subjects of their obedience tu tbeir
prince.— To the 5tli, he s;iitli. Thai Dr. Saun-
ders, and Dr. Bristowe be learned ineii, and
whether they have tau);ht truly in thnr boots
mentioned in ibis Article, refeteth the Answer
to themselves, for himself will notaniwer. — To
ill* latit, he saith. That when tbut case shall
happen, he will make answer, and not befbn.
I'uoMts Fotiti. (Witness) John Pophani,
Tboiuas KgertOQ, Da. Lewis, John Ilammaud.
John Sherl'i Antaier.
To all these Articles, he saitb. That he is a
C'atbulic, and swerveih in no point from ibe
Catholic Faith, and in no other sort to any of
these Articles he refuteth to answer, loav
Shf.ht. (Witness) Juhn Popham, Tbomai
Egerton, Da. Lewes, John Hammond.
Uoberl Juhnioii'i JiUBitr.
To tlw first, be Mitli, He cannot answer, —
To the Slid lie saitli, He cannot tell what
piiwer and authority tlie pope hath, in tlie
points named in this Article. — Tu the 3rd, he
saith, he thinketh, That the pope batb antho-
take arms against their prince. — To the 4th, ba
thinketh. That the pope, for soroe cauiro, may
diacliaifte subjects of their allegiance, and obe-
dience 10 their natural prince— To tbt 5tl^
be with, Tb« Auwer to ttiii atticU i
lOSl] CTATE IHIALS, S4Ein. lSi\^-a^ otlien,fcr Hi^litaKm [1082
ufOQ the Unfuto^t of the eiiue, tor the which, 'lappeneth, then be with, be will ansirer; and
the pope bath given Kntence a^iast her; but T he had been in Ireland nbea Dr. Snondera
if the cauie was just, then he tfainkeih, the tiu there, be ooald bavedooeaiaprieit should
doctrine of Dr. Saunders, and Dr. Brittone to lar^lone, that is, to pray that tbe hEht may
be true: Whether tbe t»uie werejiuc or not, lave ptactt. WiLiiiu Filbei. (Wititeas)
he taketb nut upon bim to judge. To the last, 'ohn Pupbam, Thomu Egerton, Da. Lenta,
he saitb, That it such deprivation, or invaiion, l(^ Hunnond.
•hould be made for temporal matter., he would j„^ Botgrate'i Anmcr.
take part with her maie.tv ; but if jt were for x„ ^ ^ he saith, That in his conscience,
any inalter of bit faith, he thinketh, he were „d „ be .hall ani»er before God, he thinketh.
then bound to take part with the pope. Robert hat the BuU, or sentence of ei communication
JoaNBOS. (Witness) John I'opharo, Thomas ,f pi,,, Q^intu, „sioH her majesiy, was at no
Egertoii, Da. Lewes, John Hammond, hne lawful, neither was at anj lime, or is of any
JoAa Uarl't Anttccr. if her majesty's lubjerti to be obeyed. — To the
To the first he saith, That it is a difficult econd, he saith, That her majesty is lawful
question, and, tbat be cannot make answer |ueen of this realm, and so ought to be taken,
thereto, — To the second, be saith. That her ma- lot withstanding aay Bull, or lentence that the
Jesty is lawful queen, and ought to obeyed, not- X>pe either hath, can, or shall berctifler uve,
withstanding the Bull supposed to be published To the third, be tbinketh, tbe pope had no
by Pius Quiotus. Butwheiliershe ought to he lonecor auttiority to licen&e the earl«of Nor-
obeyed, and taken for lawful queen, notwitti- humberland and Westmoreland, or any other
standing any Bull, or sentence that the pope if her majesty's subjects, to rebel, or to take
caa give, he saith, be cannot answer. — To the irms against her majesty ; and hke be toith of
third, be cannot nniwer.and ^tihersaith,Tluit Dr. Saunders, but he holdeth both Dr. Sa un-
tie will not meddle with any such questions, — To lers, and all others, who shall, upon such
tbe fourth, he saith. He is not resolred, and varrantt, take arms against her miuesty, to bo
therefore he cannot answer. — To tbe fifUi, be raitors and rebtls. — To the fouith, he saith,
with, He will not deal with any sucbqueations, fbat the pope ndlher baUi, nor ought to
Bodknoweth not, whetherSaundersorSristowe lave any authority to discbarge any of her nta-
bave taught well herein, or not. — To the last, esty's subjects "^ ^^ subjects of any othec
be saith, That when such a case shall happen, I^hnstian prince trom ibeir aUcgionce, for any
be will advise what becoroeth him to do, fbr mus« whatsoever ; and so he tiiinketh in bis
Eresently he is not resolved. This he did Be- »iucieaca. — To the fifth, he affirmeth in hit
nowiedge to us, after he had iiiUy perused the Mnscaence,thatDr, SaundersandDr. Bristowe,
■ame; but refiised to subscribe to it. (Wit- n the books here mentioned, and touching tlie
nesses) John Popham, Thomas Egenon, Du, loint here specified, have tau^i, testified and
Lewe^i John Hammond. naintained an untruth, and u falsehood. — ^Ta
WiUiaxi Filbtet Antmer. *« {""' ''1 »«i't. That whatsoever the pope
rr L c 1. - L Ti, L .L .L ihould do, he would in this case take natt With
To the first, he SBitb, The pope hath nutho- ^,n>j„;, against thepope, .hat caiTsoever
nty to depose any pr.nce; and such sentences ^^ ,hould pretend ; an/illis he tateth to he th«
when thev be promulgated, ought to he obeyed ^ ^f ^^l ^^ .^^ject. And this lo be hii
^ Ihe subjects of any pr.nce ; but touchinglhe jpi^jon^n i|V point, above recited, be wiU
Hull of P.U3 Quintus, he can say nothing; Tmt ^^ „ady to affirm upitn his oatk J*kES Bos-
if ilw«ssoch,as*|t»Blhrmedto be,hedori) ^^^^^' (Witnesi) John Popham, ThomstB
allow It, and saith That it ought to be ohejed. ^gj^ p,\ Le^e,/ j^hn Hammond.
— To Uiesecond, he SBith, It is a hardquesiion, ^' "^
and therefore, he cannot answer it ; but, upon "'"'S' tV(on t Aamctr.
farlberiidvi9emeni,heaDSweretb,as tocbenrsC. To the first, he saith, That he ibtnketh tbe
— To the third. He knowcth not what to say Bull of Pius Quintus, was at no time a lawful
thereunto. — Tn the fourth, he saith. That so sentence, or of force, to hind any of liermajes-
long Bs her majesty reoiainatli nueen, tbe pope ly's subjects, and that notwithstanding, her ma-
batfa no autliority to warrant her subjecis to jesty whs, and is to be obeyed by every of her
take arms againiit her, or to disobey her ; but il luHiecta. — To the second, be thinketh, that her
be should depose her, then he mii-ht discbarge maji-sty is to be holden for lawlul queen of this
tbeni of their allegiance and obedience to hei ■ ■ — ■
majpsly. — To the fifth, he salih. He will not sometimes be dischnrged from their subjection,
meddle witli tite dociriiie of Dr. Saunders, and and princes deposed : and then puhlirly de-
Dr. liristowe.* — To the last, When this case dares the aforesaid earl of ^■urthnmbeI^
land ; the Nortons, Plumtree, and 'itliert, to be
* Foulia observes upon this " This Bristow, most gloriuus Martyrs of the Catholics; though
bom in Worceslerthire and bred up a priest ir they were deservedly executed as Traiiors."—
Flanders, had made a little Bonk which he call' Dod, the Romish hi'tnrian, speaks higlily of
ed his Motives. In his writing he did not onlj this Brisiow, and says " His death was u great
twit queen EUwihethfbr not obeying the eicom- loss to the cause." E. H, vol. ii. p. 60. Saun-
■nunication Bull of P'ua the fifth aguiiist her dera's principles are so well known, that it it
but bUo (Uotive 40) held thkt su^ecti ma< unnccesiBry to ipeBli. q( U\«ai,
1083] STATE TRIALS, 24- Etiz. 1581.— Exwu/tow* qf lliamas Norton,
realm, and ought to bo f^beyed by all her sub-
jects^ notwithstanding any tiling that the pope
either hath done, or can do. — To the third, he
thinketh the pope neither hath, nor had autho-
rity to warrant any of the persons here named,
to do as they have done, or any other of her
subjects, to take arras against her majesty ; and
that those who have taken arms against her,
upon that, or the like warrant, have done un.
lawfully. — To the fourth, he thinketh, the pope
bath no autliohty to discharge any subject from
liis allegiance and obedience to his prince.-^To
the fifth, he thinketh, that Dr. Saunders aod
Dr. Bristowe have, in tlie points mentioned in
this article, taught and maintained an untroth
and a falsehood. — ^To the last, he saitb, That,
in the case here supposed, he would take part
with her ihajesty against the pope, or any other
invading the realm by his authority. Ussir
Orton. (Witness) John Popham, Thouuu
Egcrton, Da. Lewes, John Hammond.
The following Articles, extracted from " Morgan's Phamix Britannicits,'' are inserted as
throwing some farther li^^ht on the treaso^iable Practices qf these times :
The several Confessions of Thomas Norton, and CnnisTorHER Norton, two of the
Northern Rebels, who suilered at Tyburn, and were drawn, hanged, and quartered
for Treason, May 27, 1370. Imprinted at London, by Wm. How, for Rd. Jones.
ing his duty, exhorted him very eameiitly, tosaj
the Lord*s prayer, and the Belief in £ngl^b,froiii
the bottom of his heart, as every true Christitn
The Confession of Tuomas Norton rohich he
made at his Death, inform as hdrcffterfol-
loiceth.
On Saturday, being the 27th day of May,
Thomas Norton, and Christopher Norton, of
Yorkshire, being both condemned of High-
Treason against the queen's majesty's persun,
were delivered, by the lieutenant of the Tower,
to the sherilTs of London ; and were both laid
on a hurdle, and so drawn from the 1 owcr,
through the city of London, to Tyburn (the place
of execution) having besides many officers, and a
multitude of others, a godly preacher riding
beside them, always comfortmg, and earnestly
exhorting them, all the way, to acknowledge
their fact, to discharge their conscience, and to
be truly repentant, and heartily sorry for the
same.^And, being come to the place of Execu-
tion, proclamation was made of the caubC of
their death. Thomas Norton, the elder man,
was first executed, who took his death in this
wise. He b'eing come up, and standing upon
the cart, with the rope about his neck, . the
preacher requeated him, earnestly, to acknow-
ledge his offence, in rebelling iigainst God and
his prince, and to ask God mercy for his sins,
and of the queen's mnjesty forgiveness for his
disobedience. He answered ; That fur the
offence made and committed towards the
queen's majesty, he had the law for it, and
therefore must buffer death, and to that end he
wiis come thitlu-r, and so asked God forgive-
ness for his otfences. Then, he being requested
by the preacher, to say the Lord's prayer, he
immediately began to say the same in Latin.
And, l>eing disturbed by the preacher, who
willed him to say it as God hath commanded,
and, as every true christian ought to do (that is
to soy) in the vulgir toni^ue, chat all the audi*
ence might he.ir witness how he died a true
Christian iSir, ((|uoth he) and answered very
obstinately, thai he would pray in Latin, and
therefore prayed him that he would not molest
his conscience. Ttien the Secondary bad hnn,
if he Mould needs say it in Latin, to say ic then
secretly to himself; and so he did. iJis Latin
prayers being ended, the preacher, not neglect-
ought to do. At last, afler much exhortation,
he granted to say it in English; and so said
the Lord's prayer in English, whcreunto he
added the Ave-Maria, and then the Belief.
And then he desired, not only the audience,
but also all the Saints in Heaven, to praj for
him, both then, and at all times, as well aftef
his death, as then he bein^ alive. Then the
preacher bade liim put his whole hope and
trust in the death and blood-shedding of Christ
our Saviour, and by liim only hope to be saved.
With that the cart was drawn away, and there
he hung a certain space, and then was takeo
down, and (quartered, in the presence of his
nephew, Christopher Norton, who then pre-
sently must drink of the same cup.
The End and Confession o/" Christopher XoR-
TON, whoy as it seemed, died more repentant,
and more Christiai^like, than his Uncle did,
Christopher Norton, the younger man,
afler he had beheld the death of his uncle, as
well liis quartering, as otherwise, knowing, and
being well assured, that he himself must follow
the same way, seemed to be very repentant, and
heartily sorry for his offence, and immediately
kneeled down on the ground, before he came
up to the cart, with his face Eastward, and
made his pniyers unto God: and afterward,
stepping up to the cart and then being asked
by the preacher, Wliether he did beheve, and
hope to be saved by Christ's death, and blood-
shedding ? he made Answer ; That he did
verily so believe, and hoped to be saved by no
other means ; and, therefore, besought all the
audience, who then were present, to bear wit-
ness, that he there died a true Christian. And
being asked. Whether he did acknowledge,
and confess that he had deserved to die? and
whether he had not both offended God, aod
the queen's majesty ; he made answer, That
he hud worthily deserved tliat death, and tber^
fore besought God, and all men to forgive lii>B*
And hirtber, did earnestly exh<Mt aUBiai,0
take euuDple by liim^ for coaunittiiig die ^^
65] STATE TRIALS, 24. Eliz. 1581.— ancT othm^for High TVeoMrn. [10S6
id immediately he did inquire; Wliether aoy 1
sre did know one Philip Shurlej, who now
captain in Scotland ? There were some m&de
iswer; that they did know him. Then he
dared, how lie was the causer of his death,
Fertheless, he did forgive him ; and, more-
er, besought any who knew him, when time
»uld serve, to let him understand it. This
k being ended, he desired the people that
sy would pray with him ; and when he and
i people had said the Lord's Prayer together,
:n he made his Confession to God in thiswise :
' I Christopher Norton, who am come hither
y take my death, being justly condemned, by
he laws of the realm, being sound of body,
nd of a perfect remembrance, do here ac-
nowledge and confess, my good Lord and Sa-
iour, before the Throne of thy majesty, my
einous offence, by me committed between
vod and ray prince; desiring thee, good
iord, from the very bottom of my heart, to
af e mercy on me, miserable and wretched
inner, who am now coming to thee, being
ere now ready to die. O most merciful Lord,
' receive me, a sinful wretch, and refuse me
' not, but hearken to my voice/ — With that, the
hangman executed his office : and, being hanged
a little while, and then cut down, the batcher
opened him, and as he took out his bowels, he
cried, and said, * Oh, Lord, Lord, have mercy
upon me!' and so yielded up the ghost. Then
being, likewise, quartered, as the other was,
and their bowels burned, as the manner is,
their quarters were put into a basket, provided
(or the purpose, and so carried to Newgate,
where tliey were parboiled ; and afterwards,
their heads set on London-Bridge, and their
quarters set upon sundry gates of the city of
London, for an example to all Traitors and
Rebels, for committing High-Treason against
God and their prince. God grant it may be a
special warning for all men ; and God turn
the hearts of all those who are maliciously
bent against Elizabeth, our queen and sovereigo
of this realm, and send her a triumphant vic-
tory over all her enemies. Amen. God save
the Queen.
le £no and Confession of John Felton, the rank Traitor, who set up the traitorous
John Felton, he who set up the traitorous
ill on the bishop of London's gate, being at-
nted of High Treason, and, on Friday, being
i 4th of August, 1570, was arraigned, and
ndemned for the same offence, at the Guild-
U in London ; and being there, was then
Iged to be drawn, hanged and quartered, as
>st wortliily he had deserved. He was had
tm thence to Newgate, where he remained
1 Tuesday, being the 8th day of the same
yresaid month of August. The same Tues-
y morning, before he came out of Newgate,
me to him two or three godly and learned
eachers, who diligently counselled him, yea,
d very earnestly exhorted him, ptrsuuding
n, as touching his opinion, by divers good
d learned arguments, as well out of diverce
d sundry places of the Scriptures, as also,
t of the Ancient Fathers, the Doctors of the
mrch ; and he, with much arrogance, an-
ered them, as well as his opinion ser\'ed him,
I9 at last, he saw it was so plain, by the mani-
it scriptures by them alledged ; and so, being
erconie, he could say no mure. And, raore-
er, his subtle and crnily dealing, being laid
his cliarge, concerning those whom he had
ceived, and was yet indebted to, he made
,ht of it, and said little, or notlung to the
uter. Then, being ready to go down to the
irdle, the preachers willed hiin to reconcile
mielf to God, and the queen ; to take his
ifttb patiently; and to acknowledge his hei-
Nit fact to be most wicked and detestable, in
•i be did, to maliciously, set up the traitor-
M and malignant s<:rnll, termed a Bull ; and,
r^ molt traitorously denied the Queen's
Supremacy; with other heinous, and traitor-
ous words against the queen's majesty, not
worthy to be rehearsed ; as plainly it did ap-
pear at his Arraignment. He answered wd-
fully, and very obstinately ; as for that, he
knew well enough what he had done ; howheit,
he said, he was sorry for it. Another willed
him to remember himself, and put his trust in
Christ*s death, and thereby only hope to be
saved. He answered arrogantly, and contrary
to Christ's doctrine, which is the true and sin*
cere religion. That he believed the ancient,
and catholic faith, which the liojy father, the
pope, hath long defende<l, and said. Whoso-
ever believed any other faith, or held any other
opinion, it was most wicked, and erroneous.—-
1 hen he came down the stairs, having on a
satin doublet, and a govrn of grograin; and,
being conns down to the stairs-foot, he desired
the people to pray for him, and besought God,
and all of them, to forgive him. The^i he was
laid upon the hurdle, and drawn along tlui
Old-Bailey, to Paul's Church-yard, where he
must sufier ; and, by the way, he said the X)c
pwfundin^ in Latin, to himself. And, being
exhorted by master Young to call for mercy,
and only hope to be saviid by Christ's death,
and bloudshcdding, he answered never a word
that could be heard or perceived. Then mas-
tor Beechar the sheriff^ said ; Ask God mercy,
and thy prince, and be sorry for thy Treason
committed. Quoth FeltOI^ I am sorry for it ;
and I a&k God heartily mercy. Then being
come to the place of execution^ he was loosed
off the hurdle. by two serieanls, and then strip-
ped by the hangman of bis ^co^n^ ^'^^^ ^"^^
1087] STATETRIALS, HEliz. \51\.'^Arraignmeni(f Dr. John Story, [I08S
satiu doublet. Then be standing up, qui^'er-
ing and sliaking with fear, said, ' Ah, ah, Lord
have mercy upon me !* Then being led by tlie
hangman to the foot of the ladder, master
sheriff Beechar commnnding silence, willed
master Christopher, the Secondary of tlie
Compter in the Poultry, to publish a Procla-
mation^ in form and effect as fuliowcth :
* The queen, our sovereign lady, Elizabeth,
* by the grnce of Ood, queen of England,
' France, and Ireland, Defender of the true, aii-
* cieut, and catholic faith, straitly chargeth
* and commandcth, by us her said officers, all,
< and e^ery her loving subjects, on pain that
' shall fiill thereof, that all, and every of them,
' whosoever, not appointed to the Execution of
* John Felton, late attainted of High Treason,
^ and thereof found Guilty, by the oath of .1«
* honest and discreet men, according to her
* highness's Laws, to depart the place ; that is
* to say, twenty foot from this place, where
* the said John Felton must receive Execution
* for his High Treason, according to hiM Judg-
' roent ; which said John Felton is here ready
' to receive Execution, according to the tenor
* of the Judgment to him appointed. Thus
' willing all and every one, to depart fas ufore-
* said) that each officer, according to hia office,
* in this matter appointed, may do his, or their
* office, without let or disturbance in this be-
* half. And thus, God save the queen/
At which words, all the people, being there
then assembled, as it were, with one voice,
cried, ' God save tlie queen '/ And, moreover,
many wished all those who mean otherwise,
might come to the same end. l^icu Felton
hung down his liead, and said nothing, that
eitfier might be heard, or supposed by sight.
The Proclamation being ended, he kneeled
down, and said the 51st psalm, in Latin. Then
he stepped up the ladder, and turned his face
to the fiishop*s gate, and said ; ' Good people
I desire you all to bear witness, that I take it
on my death, that I never meaned hurt, or
harm, or any Treason toward my prince, hot
only that, which I did, in setting op the Bull.'
Then master Young said ; Lo, will ye see how
he would clear himself of the heinous Treason
by him committed ? Then the Secondary said;
Felton, thou hast been attainted of Hii^b-
Treason, and found Guilty by the oath of
twche true and honest inen, and therefore, ac-
knowledge thy Treason and be sorry for it, and
a!ik God and thy prince for^ireness. And
then master Beectiar the sheriiSF, openly, before
all the people, said ; Thou wast jnstly con-
demned of High Treason, and surely to thou
art the rankest traitor that ever I heard of;
and therefore, ask the queen lorgiveness, and I
pray God tiiat be may forgive thee. Theo
Felton said ; J desire you g«>od Mr. Sherifis, to
show the queen's majesty, tliat I never meaned
any Treason against her grace. Mr. Bepcbar
said ; She shall be certified as we have found
by thee. Tiien Felton willed them to show to
her grace. That he was most heartily sorry for
his fact that he was condemned for, and tbat
he besought her grace to forgive him. That is
well said, ouoth master sheriff Beechar, and
bad him will all the people to foreivc him, und
to pray for him ; and even so he did. And
then he said, O Jy>rd, into thy hands I com-
mend my spirit, in English ; and as he wassay-
ing it in Latin, In manus tuas Domine^ he wu
turned off the ladder ; and hanging theie six
turns, he was cut down, and carried to the
; block, and there his head was smitten off, and
held up, that the people might see it : wbereflt
the people gave a shout, wishing that all Tni«
jtors were so served. Then he was quartered,
bnd carried to Xewgate to be parboiled, and m
ket up as the other reheb wci*e. — God sire tlie
Queen.
59. Arraignment, Judgment, and Execution of Johx Story, for
Treason: 14 Eliz. a. d. 1571. [Extracted from a Declaration
of the Life and Death of John Story, late a Roman Canonical
Doctor, by Profession. Imprinted at London, by Thomas
Colwell, 1571. Seen and allowed, &c. a. n. 1598.]
/\FT£R the death of queen Mary, so soon
as our most dear sovereign lady came to t he
possession of the crown and that s)ie had aiUed
a parliament, chiefly for the restitution of God's
blessed Word, and the true administration of
the Sacraments to God*s high honour, and also
for the amendment of the decayed state of this
realm ; John Story, being of the Parliament
House, who was an enemy to all godly Refor-
mations, did with great vehemency speaL
ai^ust the Bill that was there exhibited for the
RiestitutioD of the Book of Common-Prayer,
and said these words : * I did oftenHimci, in
queen Mbij's time^ wkj to ibi Biihopi^ that
they were too busy with Pecora carof>i (for»
it pleased him td term the poor commons of
Eiighmd) chopping at t>%iggs, but I wished tu
have chopped at the root ; which if they had
done, thisgere had not come now in que»tiiin:'
and herein most traiterously lie meuned the de-
struction of our dear and sovereign lady queen
Elizabeth For which words spoken, in such
an audience and in such vehement manner,
there was no h<mest nor true heart that beard
him but did utterly abhor him.— And soon after
that he had declared his tnuteroin heart to the
qoeea's highneit, and his conscience arcaiiii|
luB^ be iM and inrkcd nUmt in tiAd7 oo^
I08D]
STATE TRIALS, UEuz. IS7\.— for High TVeaton.
[1090
ii^r9, as did Cain when he hnd murdered his also were stocked by both thtir feet and by both
broiJiLT Abel. But at the last he u-a> tuken their thumbs, and so did hang in the stocks :
in the West-Country, riding before a inuil in a , and some also were stocked by both iheir feet,
ireize coat hke a scrvmi; man, and wus appro- ' and chained hy toe neck, with collars of iron
bended in the highway by one Mr. Ayicworth, i niitde fast behind thcni to a post in the wall,
a {reiitleuian, one of the queen*s servants, and < and such other devilish and tyrannous engines
brought heiore the Council, and alter &cnt to j and doiac;* by l^m pra::tised. Ttie^e at his
prisriii to (lie Queen VBench (for more thiui i being in the Lollards To^cr he missed, and
suspicion of Treason) in the first year of her : great pity it was thut be hud not tasred of
bighness*s rei^n. — And after the said Story them: hut alat k, the good bishop Orindel,
)iitd remained there a while, he espying his late bishop of London, hud burned and con-
time and by the help of his triend.s (as suined tliem witi. lire,
commonly such lewd papi>ts lack iu>nc) he After chat Stor^ iiad continued ' a ceVtaiu of
broke the said prison, aiul fled ngain ^leyond
tbe seas, namely into Danders, and there not
only practised divers wicked and traiierous
rnterprizes towards our sovereign lady the
queen's majesty and the state of this realm,
by sundry conferences tliat he had Mith
such as have of late rebelled and conspired the
dcsti action of the same ; but aUo he became
an open and common enemy to every good sub-
ject of this realm of England, and obtumed in
J'^'landers, of.the dukeof Ai^a, a couimission
juid authority to practise his old crueity, and
^o arrest and apprehend all '>uch Lnglisiimen's
goods as should arrive in those countries, or
who did truttiquo oui of Eitglund ntto those
pans, or from thence into England, and to
confiscate the same, by reason of which autho-
rity he used there such extremity, that he wus
tbe spoiler and undoer of divers merchants,
and of more would have been, if he had longer
continued ; wherefore the said merchants were
inforced to study and devise some remedy, and
to practise some way or means how to remove
this cumbersome man from them.
And among other devices, they having expe-
rience of him to be a gree<ly and ravenous
wolf, put into his head (by such as he suspected
not) tiiat there was a prey for him of Enghsh
goods, ill a ship that lay in a certain place
fihich was named unto him, where he should
find such a treasure of goods to be confiscated,
as would be suilicient for him during his hfe.
Tbe wolf being hungry and desirous of this
great prey, set forward, and came into a ship
that promised to bring him to the place where
tbe prey w as. But, to be short, as soon as he
was entered the ship, the same brought him
clear away out of Flanders into Engbnd, and
landed him at Harwich, in tlie month of August
last past.
And soon after, knowledge being given to
tbe qoeen's liouourable Council of his landiag>
be was brought to London, and there he was
comnoitted to prison to the Lollards Tower, in
J'owles, where he contuiued a while, that he
plight well peruse tliat place wherein he had
most cruelly tormented iniuiy n jiood Chriatian.
But he lacked tliere one thing, which was the
monstrousand huge Slot ks, that he and Bcmuer,
time in the Lollards 'I'o-.-.er, and had beea
divers times examined, he was from thence
removed to the Tower of London, where lie
reiiiained until the '2(3lh nt ^Nlny 1571. And
then was he brought from thence into West*
minster-Hall, before the Judgfsof the QueenV
Beiich, and there arraigned : and after the In-
dictment had beeii read unto him, the eH'ect
whereof was: 'I hat whereas, llichard Norton,
Thomas Markeif field, Christopher Nevill, Fran-
cis Norton ;uid Thomas Jenny, alias Jennings,
with other Traitors, afier their ofiences coia-
mitted in the North, and being thereof indicted
in the 12ih year of the queen's highness'f
reign, before tlie ngiit honourable Thomas earl
of Sussex, lord president of the queen*s council
in the North parts, John lord Darcy, ^c, they
after their Indictment did the 23rd of June, ia
ih( year aforesaid, embaik themselves in sun-
dry ships and fled this realm, unto Antwerp iu
iirahant, uhich is under the government of
king Phihf), and there, contrary to their alle-
giance, did lead their lives ; and the aforesaid
John Story, D. VV. P. and J. P. being born ia
England and the quecirs subjects, did with
them ccmspire, compass, and imagine tho
queen's death, and her highness to depose and
deprive. — And by divers persiiasiops and letters
did id«*o procure Strangers to invade tliis realm
of Englan<l, did receive comfort and help them
at Antwerp aforesaid, against their i'Vilegi-
ancr, &c.
And after the Indictment read, he being
called upon by the Court to answer to the
same, pleaded that he was not the queen's sul>-
jcct, nor had not been these seven years, but
was the subject of the most catholic and
mighty prince king Philip, king of Spain, to
whom he was sworn, and had in fee of liim
one hundred pcmndsby theycar; therefore, said
he, I am not bound to answer to that Indict-
ment, neither will I answer unto it. And hero
he used many pretty taunts, as well to the
Judges as also pleasing himself with giving of
pretty uips and girds. And very stoutly hci
maintains his former Plea, affinning also, that
they weie not his lawful Judges, neither that
they had law to proceed against him, being
none of the queei/s subjects. And then, being
hit old fiutbful friend, had used to turmoil and | demanded where he was born ? he answered,
penecutettie poor and innocent Christians in, . In England. Then, said they, it foilowetb that
huigiag wtne therein by the heels so high, ' you Are subject to the laws of this realm, and
tbtt CMuy their bcada lay on the ground : some i should be so to our queen. Wlicrcunto he
ttockcd in l)Oth feet and arnii; some
VOL. I.
replied, and said, That God commiaud^ KV)>tw
4a
2001] STATE TRIALS, ItHiz. IblX.— Arraignment qf Dr. John Sioiy, [100«
ham to go forth from the land and country
%vhere he was bom, from hh friends and kiub-
folk into {mother countrT ; and so he following
his example, fur conscience sake in Religion
did forsake his country and the laws of this
teahn, and the prince also, and had wholly
given himself to. the service of a foreign go-
Tenior, king PhiHp, king of Spain. And here-
upon ho stood very stoutly, but to small
purpose.
Then when he perceived tliat they would
Proceed in Judgment against him, he said,
'hey had do law so to do. And with that lie
turned hira about to the people, and said, Good
people, I trust ye see lx)w violently I am used ;
and how unjustly, and contrary to all justice
and equity they use me. And lie added, That
he had good hope, that he was not destitute of
some friends there, who would give notice and
knowledge to the most Catholic prince his
Blaster, how cruelly theydealed with him. And
then again, being called upon to answer, one
said unto him. Master Story, because you
think it violence that is shewed unto you, in-
stead of law and justice ; you shall know that
we do nothing but tliat we may do^ both by law
•tid equity.
And then one of the Judges Said, This is
Scarborough's Case. Nay, said Story, my Case
is not Scarborough's Case, but indeed I had
Scarborough's warning to come to this Arraign-
ment ; for 1 knew nothing thereof until seven
vf the clock in tliemorninz.
Then there was a Book delivered him to
Tead, wherein he might see what tliey might do
l>y law : and after he had read it, the Judge
demanded of him how he liked it? and he an-
swered, God have mercy upon me. Then the
Lord Chief-Justice gave him Judgment, to be
drawn, hanged, and quartered ; and so was he
again sent unto the lower.
And as he went by the way, certain persons
in several places met with liim, and one said,
O Story, Storj- ! thou art a strange Story : re-
member master Bradford, that godly man ; his
blood asketh vengeance on thee. Story ; refX'nt
in time. Another cried on him and said, Story,
call to mind the rigour thou shewcdst upon
master llead, a gentleman, whom thou diditt
utterly' destroy : ask God forgiveness. Story,
for that wicked deed. Another cried unto
him and said, Blessed he God, Story, who hath
made thee partaker of such bread as thou wast
wont to deal to the innocent members of Jesus
Chri^st. Another also cried out upon him, and
said. Story, Story, the abominable cup of for-
nication and filthincss, that thou hast gi%'cn
otliersto drink, be heapcfl up topful, that thy
plngues may be the greater at the terrible day
of God's wnith and vengeance, unless thou ask
merry for thy filthy, corrupt and stinking life.
And vet again, another cried out unto him and
said, \ prny God that thy heart be not hardened,
as waH Pharoah's, and made harder than the
ftdamant-stane, or the steel ; that when he
would he could not repent and call ibr fraco*
And aiBong all the rest, on« o«nt Ca hioii tt
London-Stoue, and saluted him with this Metre,
saying ;
Mobter doctor Story,
For you they are right sorrr.
The court of Lovaine and Rome:
Your holy father, the pope.
Cannot save you from rope,
The hangman must have your gown.
To whom he answered not one word.
The 1st day of June, the said Mr. Story was
drawn upon a hurdle from the Tower of London
unto Tyburn ; uhere was prepared for him a
new pair of gallows, made in triangle manner.
And by the way, i\s he went, many people
spake unto him, and called unto him to repent
his tyranny and wickedness ; and willed bim
to call upon God for mercy : but he lay n
though he liad been asleep, and would not
speak to any person. And when he was taken
from tha hurdle', and set in a cart, he made
there a solemn Protestation, and said :
" I am come hither to die : and truly, if
this death were ten times more fierce and sharp
than it is, I have deserved it : I have iivad the
space of threescore and seven years ; and now
my body must abide this temporal pain and
punishment, provided for me here in this life,
by means whereof, my days shall be cut off.
But, where at the first I stood in fear of deadi,
I thank God, this night passed I have been w
comforted with God and godly men, that tlie
fear of death is taken from my sight. And
now I appeal to God the Father, trusting ia
the Passion of his Son Jesus Christ, and bopin|^
by the shedding of his blood only to be saved.
And although of a long time I could not apply
the virtue of his Passion and Death to the use
and benefit of my soul, because of my loni
hovering in fe;ir; yet now, I thank God, I
know how to apply this medicine ; as for ex-
ample : an Apothecary may Imve n meHtdoe
in his shop seven years, that may help a sick or
diseased man, by the counsel of a physician ;
but if this nuvlicine be not applied to the pa-
tient, but (»i\\\ rcmaincth in the Apothecary's
shop, it profiteth nothing. No more, said be,
could the benefit of Christ's death help me;
because, though I knew the medicine good, I
did not apply it unto my soul's health : but
now it hath pleased Almighty G04I to call iM
to account of my 67 years, which now mial
have an end, and this corrupt body must fieel
a temporal punishment, for my sins have de-
served it (as I said before) I am now come to
the proof of this medicine. Da«'id, when be
had Committed adultery with Bathslieba, tiie
wife of Uriah, (whose husband also he caused
to be put into the front of the battle, and 90
was murdered:) he for thi\t trespass isit i
temporal punbhment, by the loss of his ion,
which he loved tenderly. Also, when be omD'
bered his peopTe, be greatly displeased God : asd
for his oilencc and transgression, he felt a ten*
poral pain : and choice was giren unto bin
from above) to chuse one of ibete thice lea-
ponl and bodOy ponisbmeDts ? that is to ••/;
tbree 4ap Beiittcvec^. te Sirecd; dntiit*
1093]
STATE TRIALS, HEliz. 157,1.— /or i/^'* TVcofob.
[109i
iay. Bloody Battle seven years ; or Famine seven
years. And be thought to chuse the least ;
mnd he chose three duys Pestilence : but this
scourge took away an infinite number of his
subjects. So now as my sins deserve a tem-
poral pain, .which here have an end, e>'en in
this flesh ; I am of^ the same mind that the pro-
phet David was{ and with liim I agree, saying,
Invoco le Domine, &c. Lord, I cmJI upon thee
in this day of my trouble, hear me,^0 Lord, out
of thy dwelling place, &c.
** But now to speak a little of my Arraign-
ment : when I was at Westminster, I allcdgcd
io njy Plea, That I was no subject of this
realm ; as I did likewi^ before the queen's
commissioners, sir Tho. Wroth, Mr. The. Wil-
braham, late Recorder of J^ondon, Mr. Peter
Osborne, Mr. Marshe, and Mt. Dr. Wattes ;
wbere the Recorder of London made the like
demand as was demanded of me at Westmin-
ster: and that was^^ whether I was born iu
England, or no ? whcreunto I answered, I was.
Ttien said he, it follow eth that you are and
ought to continue the queen's faithful subject.
W hereunto I replied then, as I do now, say-
ing; I am sworn to the noble king, defender of
the ancient Catholic faith, king Philip, of
Spain : and he is sworn again by a solemn and
corporal Oath, to maintain and defend the
University of Lovaine, whereof I am a mem-
ber; and theretbre no subject of this realm, nor
yet subject to any laws thereof; For it is well
known, that I departed this realm being freely
licensed thereunto by the queen, who accounted
me an abject and cast-away ; qnd X came not
hither again of my own accord, but I was be-
trayed. And although I had an inkling given
me before of such a thing pretended towards
me, yet I could not shun nor escape it : for
sure It was God who made dim my understand-
ing, and blinded mine eyes, sq that I could not
-perceive it. But Holy Writ commandeth me
to love my enemies ; and here I forgive them
freely with all my heart; beseeching God that
they take no harm for mc in another country;
I would be right sorry they should, nlihough
they betrayed me. I travelled with ihem from
ship to ship, by the space of eight days, and
mistrusted no peril to be at hand, until I was
clapped fast under the liatches. But sure,
sore, it was God who wrought it : yeU, and al-
tliough I was accounted a poller of the English-
men of your country, I stand now here before
God, and by the death I shall die, 1 had never
cot of any ship more 'than two pieces of gold,
and forty dollars that were laid in my hand.
'' But once again, to my arraignment; where
there were certain Letters laid to my charge,
wherein I should go about to provoke the Nor-
tons, the Neviils, and others to rebel ; I never
meaned it : yet will I discharge my conscience
fmely and firankly, and tell you truth. Tliere
was a Commission for like matter sent into
Scotland, which I wrote witJi mine own hand :
but it contained a Proviso, wherein the queen
filRa^KDd and her dominions were excepted.
' latr^ arc yet two things that I purpose
to talk of : namely, for that there are here pre*
sent a great number of youth ; and I would to '
God I might ,say or speak that w bich might
bring all men to the umty ot the church; ibr
there is but one church, one flock, and'one
shepherd: if I could tiiis do, I would ihink my-
self to have wrought a good work. T|ie first
point toucheth my Cruelty, wherewith I am
sore burthened : and tlie second concemeth
my Religion. As touching the fi|-st: There
were three in Commission, of which I was one
who might do least, for I was the last of the
three. And though I might, by persuasion,
assajr to cause them to revoke the Articles
which they had maintained, and to confess the
presence, wherein I stand : ye know that ha
whochideth, is not worthy to be condemned for
fighting ; no more am I worthy to he counted
cruel 'for chiding. It was the bishop who pro*
nounced the sentence ( Excamtnunicamus) and
against that I could not do, for i was one of
the laity. Yet oftentimes the Bisliop, to whom
I w«s a servant; was bold with me, when he
had so many prisoners that he could not well
bestow them. For atone time the lord Kitcht
sent him out of Esses 28, and at another
time to, and 14, and some of them were sent
to me, whom I kept in my house with such fara
as I had provided for myself and my family, at
mine own cost and charge.-^And to proye that
I was not so cruel us I am reported to be, let
this one tale sufllice : there were at one time 28
condemned to the fire, and I moved the deaa
of Paul's to tender their state, who after was
Abbot of Westminster, a very pitiful minded
man, I think most of you know him ; it is M«
Feckman, and we went by and persuaded with
them, and, we found tUcm very tractable ; and
master Feckman and I laboured to the lord
cardinal Poole, sliewing that they were r*csci-
entes quid Jeceruut, — ^The cardinal and we
did sue together to the queen, and laid both
the swords together, and so we obtained pardoa
for them all, saving an old woman who dwelt
about Paul's church-yard; she wf>uld not con-
vert, and therefore slie was burned. The rest
of them received absolution, and that with all
reverence. Search the Register and you shall
find it. Yea, and it was my procurement that
there should be no more burned in London ;
for I saw well that it would not prevail, and
therefore we sent them into odd confers into
the country. Wherefore, I pray ye, name me
not cruel ; I would be loth to have any such
slander run on me: but sith I die in charity, I
pray you all of charity to pray for me, that
God may strenethen me with patience to sufler
mydeath : to the which I yield most willingly.
— A^d here I make a Petition to you niy
frieiias, who woold have bestowed any thin^
on me : I beseech you, for charity-sake, Wtowr
it yearly on my wife, who hath tour small chil-
dren, and God hath now taken me away who
wfis tier staff and stay : and now my daughter
Weston ami her three children are gone over
to her, and I know not how they shall do for
food,, unless they go a begging from door to
1095] STATE TRIALS, 26Eliz. 15S!. — Trial (f Dr. William Parry, [1096
door for it : although, indeed, no English per-
sons do beg but of EnG;lisfi, Being hcl|)cd by the
lady Dorm, nnd sir Fmncisco. I iiave good
hope thafyou will be i;ood unto her, for she is
the faithtullest wife,the lovingest and constiiiitest
that ever man had : ^nd twice we have lost all
that ever we lK\d, nnd now she hath lost me, to
ker great grief, I know.
" The second Point thixt I thought to speak
of is concf riling my Religion, for that I know
many arc desirous to know what fuith I wilt
die in : the whicii I will briefly touch : I say
with St. Jerome, that ancient fattier and pillar
of the old ancient, catholic, and apostolic
church, grounded upon the patriarchs, pro-
fhets and apostles, that in the same faith that
was born in, I purpose to die in. And as
the Ark that Noan and tiis family did ))Osses8,
£gured the ship of Christ *s Church, out of
Wliich ship whusoei'er is cannot be saved, in
that »hip am I : evamph.-, A fhip tl\at is tossed
on the tk>ods is often in danger of loss on the
tands, and sometimes on the rocks : but when
the men who are in the ship espy pre«>ent peril
' at hand, there is a cockboat at the tail of the
ship, whcreunto they fly for succour : so hke-
wise, I being in the ship of Christ, once fell
out of the same sl»p and was in (Teseut peril
and great danger: but then I, following the
cxaniple of a good mariner, took the cockboat,
thinking for to land; and at the last, being in
the boat, I espied three ours, that is to wit.
Contrition, Confession, and Absolution ; and
I held all these fast, and ever since I have con^
tinued in the ship of Christ, of vi hicb tlie Apos-
tle Peter is tfie guide and principal, and in the
fiiith Catholic of my king I die."
Then said the earl of Bedford ; Are you not
the queen's subject ? No, said Story, yet 1 do
not exclude the queen, but 1 pray for her, her
council, and the nobility of this realm long to
continnc. Then said the lord IJiinsdon, Are
you not the qneeirs subject? You was bora
ill Kngland. Then said Story, Kvery man is
free-born, and he hath ll>e wiiole fare of the
earth before him to dwell and abide in where
he liketh best ; and if he cannot live here, be
may go elsewhere. Then was there (as I think)
one of the ministers hearing htm to make so
light of our noble queen and country, demanded
of him, Whether she were not next, and imiue-*
diatcly under God, Supreme Head of the
Churches of England and Ireland ? whereuniohe
answered, I come not hither to dispute, but if
she. be, she is : My Nay will not prevail to prore
it otJierwise. *
And then they cried, * Away with'tb* cart*
And so he^was hangetl according to- his Jodg-
mcnt.
60. The Trial of Dr William Parry,* at Yl^estminster, for High
Treason: 26 Eliz. Feb. 25, a.d. 1584.
The Commissioners were, Ilcnry lord Huns-
don, Govcnior of Berwick ; Sir Francis Knolh-s
knt. Treasurer of the qileen's majesty's hous-
hold ; Sir James Croft knt. Comptroller of the
same houshold ; Sir Chri^itopher Hatton knt.
Vicechamberlaiii to her majesty ; Sir Christo-
* " In the beginning of ihis year, queen Kli-
zabeth discovered a Conspiracy of which Wil-
liam Parry was the author. He was a gentle-
man of VVales, member of the house ot com-
mons, and had signalized his zeal for the Ca-
'thohc toiit^ion in opposing alone a Bill which
was preferred in the lower hous^ agam.>t the
Jesuits. He spoke upon (hat occhsion with so.
much DiiSbion and vehemence, that he was com-
mitted to custody : but his bubmi>sion being
made he was in a few day«> admitted to his place
in the Iiout^ ajrain. Hardly was he at liberty
when Edmund Nevil, who laid claim to the in-
berirance of the earl of Westmoreland lately
deceased in the Low Countries, accused litMi of
conspiring against the cpiccn ; whert'upon he
was sent lu the 'lower. He ow-ncrl that he had
a design tc kill the qnern, and tvas persuaded
t lereto by Morgan an En;^lishCaihulic refugee
ill France : that he held intcUigeace with Je-
suits, the pope's nuniios and cardhials : tliat
the l»e(ter to deceive the ()neen and get treft
access to her person, he rctitf ned from Fraucc
pher Wray knt. Chief Justice of England; Sir
Gilbert Gerrard knt. Master of the ItoIU; Sir
Edmund Anderson knt. Cliief Justice of the
Common Pleas J Sir Roger Man wood knt. Chief
Baron of the Exchequer; and Sir Thomas Uen-
nage knt. Treasurer of the Chamber.
into England, and discovered the whole Con-
spiracy to her : that afterwards, repeniing of
his wicked intention, he left off hiidag«;er every
time he went to her, lest he should be tempted
to commit the murder: but that at length car-
dinal Allen's book, v\herein he maintains it to
be not only lawful, but honourable to kill princes
excoinnninicated, falling into his hands, he read -^
ir, and tirlt himself strongly encouraged to pur-
sue his fust design : that Nevil his accuser
coming to dine with him, proposed the attempt-
ing something for the deliverance of the queen
of Scots, to w-liich he answered, he had a greater
design in his head: that a few days after Xeril
coming to see him, they resolved to kill tbe
queen, as she rode abroad to take the air, and
swore upon the Bible to keep the secret : bot
that in the mean while, Nevil hearing the nt«s
of the earl of Webtmorelamrs deatli, accused
him, ia hopes of procuring thereby the earfs
inheritance to which he laid claim. Upon tbii
confession, be was condemned to die, aad eic-
cuted •ccordiogljr,'' Kapio.
1097]
STATE TRIAI^ t6 Eliz. 1584.— ^r Higk Treason.
[1.09ft
The CoDr^ l^inj; sat; First, tliree Prodama- ;
tions for silence were made, according to the
usual course in such cases. 'I hen the Lieute-
nant was communded to return his precept;
which he did, and brought the Prisoner to the
bar : to whom Miles Sandes esq. Clerk of the
Crown, said, William Parry, hold up thy hand :
and he did so. Then said the Clerk of the
Crown, Thou lart hvre indicted by the oaths of
twelve good and lawful men of the county of
Middlesex, before sir Christopher Wr ay, knighl,
and others, who took the Indictment by the
name of William Parry, late of London, gentle-
man, otherwise called William Parry, late t)f
London, doctor of the law ; for that thou, as a
false Traitor against the most ndble and Chris-
tian princess queen Kliiabeth, thy most gracious
sovereign and liege lady, not having the fear of
God before thine eyes, nor regardmg thy due
alle^siance, but bring seduced by the instigation
of the devil, and iiiteoding to withdraw nnd ex-
tinguish the hearty love aaid due obedience
which true and faithful subjects should bear
unto the same our sovereign lady, didst at
Westminster, in the county of iMiddlesex, on
the first day df February, in the 26th year of
her highnesses reign, and at divers other times
and placet in the same county, maliciously and
traitorously conspire and compass, not only to
deprive and depose the same our sovereign lady
of her royal estate, title and dignity, but also to
bring her highness to death, and tinal destruc-
tion, and sedition in the realm to make, And
the government thereof to subvt-rt, and thesin-
ceie leligion of God established in her highness's
dominions to alter and subvert. And that
whereas thou Wm. Parry, by the Letters sent
unto Gregory bishop of Rome, didst signify unto
the same bishop thy purposes and intentions
aforesaid, and thereby di(ii«t pray and require
the same bishop to give thee Absolution ; that
thou afterwards, that is to say, the last day of
March, in the 26ih year aforesaid, didst traitor-
ously receive Ixjttcrs* from one cnlled cardinal
deComo, directed unto thee Wm. Parry, where-
by the same cardinal did signify unto thee, that
the bishop of Rome had perused thy Letters,
and allowed of thine intent ; and that to that
end he hafl absolved thee of all thy sins, and by
tlie same Letter did animate and stir thee to
proceed with thine enterprize ; and that there-
tipoo thou, the last day of August, in the S6th
year aforesaid, at St. (iiles in the Fields, in the
tame county of Middlesex, didst traitorously
confer with one Kdmund Nevil esq. uttering to
him all thy wicked and traitorous devices, and
then and there didst move him to assist thee
therein, and to join with thee in tliose wicked
Treasons aforesaid, against the peace of our said
sovereign lady the queen, her crown and dig-
nity. What sayit thou, William Parry, Art
thou guilty of these IVeasons whereof thou
ttandest here indicted, or Not (*udty f
Then Parry said. Before I plearl Not Guilty,
or confess myself Guilty, I pray you give me
leave to speak a fern words ; and with humhhng
hmuclf, began in this manner: God save queen
Elizabeth, and God send me grace to discharge
my duty to her, and to send ypu home in cha*
rity. fiut touching the matters that I am in-
dicted of, some were in one place, and some in
another, and done so secretly as none can see
into them, except that they had eyes like unto
God ; wherefore I will not lay my blood upon
the Jury, but do mind to confess the Indictment.
Containeth it but the parts that have been
openly read, I pray you tell roe^ Whereunto it
was answered, that the Indictment contained
the parts he bad heard read, and no other.
Whereupon the Clerk of the Crown said unto
Parry, Parry, thou must answer directly to the
Indictment, whether thou be Guilty or not.
Then said Parry, I do confess that I am
Guilty ot all that is therein contained; and fur-
ther too, I desire not life, but desire to die*
Unto which the Clerk of the Crown said, If yoa
confess it, you must confess it in manner and
form as it is comprized in the Indictment Where-
unto he said, 1 do confess it in manner and
form as the same is set down, and all the cir*^
cumstances iliereof. Then the Confession be-
ing recorded, the queen*s learned counsel being
ready to pray Judgment upon the same Con-
fession, Mr. Vice-Chamberlain said^ These mat-
ters contained in this Indictment, and confessed
by this man, are of great importance ; they
touch the person of the queen's most excellent
majesty in the highest degree, the very state and
weU- being of the whole Commonwealth, and
the truth of God*s Word established in these
her majesty's dominions, and the open demon-
stration ot that capital envy of tne Man oif
Rome, that hath set himself* against God hnd
godliness, all good princes and good government,
and against good men. Wherefore, ( pray
Jrou, for the Satisfaction of this great inullitade,
et the whole matter appear, that every one
may see that the matter of itself is as bad at
tlie Indictment purportcth, nnd as he hath con-
fessed. Whereto in respect that the justicrc of
the realm hath been of late very impudently
slandered, all yielded as a thing necessnrv to
satisfy the world in particular, of that m hirh
was but summarily comprised in the Indict-
ment, though in the law his Confession served
sufficiently to have proceeded thereupon unto
Judgment. Whereupon the lords and others
the commissioners, her majesty's learned coun-
sel, and Parry himself agreed, that Parry's Con-
fession, taken the 1 1th and ISch of Feb. 1584,
before the lord of Ilunsdon, master vice-cham-
berlain, and master secretary) and cardinal
de Como's Letters, and Parry's Lct^crs to the
Lord Treasurer and Lord Steward, shoold be
openly read.
Arui Parry, for the better satisfying of the
people and standers-by, offered to read them
hiniseil ; but being tol^ that the order was, the
Clerk of tiie Crown should read them, it was
so resolved of all parti. And then Master
Vice Chamheilain caused te be shewed to
Parry his said Omfession, the Cardinal's Let-
ter, and his own Letter aforesaid; which after
he had particularly tiewed every leaf Omm/^
1099] STATE TRULS, 20 Elii. l5B*.~Trkt<f Dr. Wiiliam Parry. [HOO
be confessed, and *aid openly tliej nere tbe England. I atiiid not long tlierc, bat reouiTed
same. Lo Lyons (n place of grot Eratiic) wbere, tie-
Then said Miuler Vice-Chamlierlaiii ; Be- cause it waa tbe ordinary pa»w^e uf our ualioa
fore we proceed to sbcur ivhat iie hatb con- to and fro, between Puns and Rome, 1 nti
le»ed, what taj you, said he to Parry, is that alau suGpccted.
nhicb you hnre contesbed here true ? aud did To put all men out of doubt of me, and fur
you ciinrcM it freely and ivilbngly of yourself, loine oiher rnuse, i went Co Alituu, from
or was there any eiurt meani used to draw it whence, as n place of some danger, (tbnu^ I
. from you f Surely, said Parry, I made that found favour there) afcer I had cleared my
Confession freely withont any constraini, and conscience, and justified myself in Religioii be-
tbat is all true, and more too ; for tliere is no fore tlte Inquisitor, 1 went to Venice- There
Treason ihut hath been since ihe first year of I came acquainted with lather Benedicto Pal-
tbe queen, any way touching religion, saving mio, a grave and learned Jesuit. By confer-
receipt of Aenus Doi's, and persuading of ence wiih him of the Iwrd state of Ibe cailiO'
others, wherein 1 have not mucli dealt, hut I lies in England, and by reading of the book
have oSeudcd in it. And I have also delivered ' De Persecutione Anglicann,' and other dis-
mineopinion in writing, who ought to be Sue- courses of like ar^ment; 1. I conceited a
cessor to the crown, which is said to be Trea- possible mean to relieve the afflicted srate of
•00 alto. our catholics, if tbe snine might be well wa>
TIten his Confcssioa of the II th and 13th of ranted in religion and conscience by tbe pop«,
February, ell of his own hand-nriiing, and or some learued divines. I asked his upiniun;
hereafter particularly set down, was openly and he made it clear, commended my devotion,
distinctly read by the clerk of ilie crown. comforted me in it, andafler a while made dm
_,,.,,. ^ ,.,.„. „ known to the nuncio Caniueoiio, resident
Tbe Voluntary CrtBFX-HiON of WiUiam Parry, th^re for bis holiness. By bis means I -rot.
doctor of the laws (now prisoner in tbe („ j^e pope, presenied my »frv<ce, and saed
Tower), and accused of frcason by Edmund ,„, „ pj«sp«rt to go to Rome, and to return
Nevil, esq. promised by l.im (with all ftith ^^u. \^^„ France. Answer came from ciP.
and hunnbty) to the queen s innjesty, m dis- ^i,J Coroo, that I nii|-ht come, and should be
diarge of his conscience, and duty towanis „e|co„e. J ,ni,liked the Warmot, sued ibri
. God .ind her: before the lord Hunsdon ord i,^„„_ „,,i^,,, , „„ ^„^;^.t , ,,„( ,i ^^.^ „«
governor of Berwick ; sir Chnslopher Ilat- before my depaiture 10 Lyons, where I pro-
ton Itrngbt, vice^hamberlain ; sir Francis ^j,^ ,o stay some time fur it. And bciDf
Walsingham knight, principal secretary ; tbe ^^^^^^ desirous to go to Rome, and loth to p
13th of Febmary 15U4. without countenance, I desired Christophero
" In tile year 1570, 1 was sworn lier ma- de Salaiar, secretary to tbe c.itholic ling in
jetty's servant, from which lime until the ycai Venice, who hnd &ome understimding by cob>
1580, I served, honoured, and loved her wiib ference of my devotion to the afflicted cniholici
as great readiness, devoiion and assurance, as at home ami atimiid, to commend me to (be
any poor subject in England. In the end nf duke di NovaTerra, governor of iMilan, and
that year, and until Midsummer 1S83, I had to the count of Olivani Embi, tlien i*»ide«
■ome trouble for ilie hurting of a genilriuan nf for the king his mnsier in Ilome : which he
the Temple.* In which action I was so dii- promised to do etTeciunlly for tbe one, and did
graced and oppressed by iwo great men (lo for the other. And so I took my Journey to-
wbom I have of laie been beholden) that I wards Lyons, whitlicr came for mc an ample
never had contented ihuugbt since. There passport (but somewhat too Inte) that I nigbt
bfegan my misfortune, and here tbilowcth my came aad ga, in vtrla fonlificiii per amnei }»■
woeful fall. — In July after, I laboured fur li- ritdictiona Ecelniatlicai, abique imiiedimmla.
ecnce to travel for 3 years, which (upon some I acquainted some good fnihers there, of aj
consideration) was easily obtained. And so necessity to depart towards Paris by promitei
in August, I wept over with doubtful mind ot and prayed tbeir advices upon divers poinii;
return; for tliat being suspected in Religion, wKerein I was well satisfied. And so asuiiioj
and not having received the Communion in 29 them that bis holiness should licar from di
years, I began to mistrust my advancement in shortly, it was undertaken that I should be h-
England. In Sept. I came to Paris, where I cased for that time. — [n October I came to
was reconciled to the Church, and advited lo Paris, where (upon better opinion conceived of
live witliout scandal; tbe rather, for [hut it me amongst my catholic countrymen) I boiid
was mistrusted by tbe Ei^lish catholics, that I my credit well settled, and such as misimil^
hud intelligence with the greatest counsellor ol me before, ready to trust and embrace me.
And being one day at the chamber of Tboaut
* Parry having committed a great outrage Morgan a catholic geullcmnn (greatly belond
against Mr. Hugh Hare, of the Inner-Temple, and trusted on that side) amonnt oiber tff
n intent to liavo murdered him in liis tiemen, talking (but in very good sort) nf Eu*
ers, was tried for the same and con> land, I was de^red by Morten to go up wtu
victed; which prompted him to go beyond sen, him to another cbdaiber ; where he bmka wilk
where becoming acquainted with Jesuits, thej me, and told me that it wu b'>pc<l aad tonW
•opgeft bin in * d^ign to kill tbe Qiiccii< for, that I ibouU do Nne Mrrka fot Godu'
1101]
STATE TRIALS, SdEuz. 15«4.-/orHigfi Trea$cm.
[1102
his Church. I answered him, I would do it,
if it were to kill the greatest subject in
England ; whom I named, and in truth
then hated. No, no, s:iid he, let him liv«
to his greater fall and ruin of his house. —
2. It is the queen I mean. I had him as I
wished, and told him it were soon done, if it
Dii|^ht be lawfully done, and warranted in the
opinion of some learned divines. And so the
doubt once resolved, (tliough as you have
heard I was before reasonably well satisfied) I
vowed to undertake the enterprize, for the
restitution of £ngland to the antient obedi-
ence of the .See Apostolic. Divers divines
were named: Dr. Allein I desired^ Parsons I
refused ; and by chance came master Watts a
learned priest, with whom I conferred, and was
over-ruled. — 3. For he plainly pronounced (the
Case only altered in name) that it was utterly
unlawful ; with whom many Enghsh priests did
agree, as I have heard, if it be not altered since
the Book made in Answer to the '* Execution
of the English Justice" was published, which I
must confess hath taken hard hold in me, and
(I fear me) will do in others, if it be not pre-
vented by more gracious handling of the quiet
obedient Catholic subjects, whereof there is
good and greater store in England, than this
age will extinguish. Well, notwithstanding all
these doubts, I was gone so far by Letters and
Conference in Italy, that I could not go back,
but promised faithfully to perform the Enter-
prise, if his holiness, upon my Offer and Let-
ters would allow it, and grant me full remission
of my sins. — 4. I wrote my Letters the 1st of
Jan. 1584, by their computation ; took advice
upon them in confession of father Anibal ^
Codreto, a learned Jesuit in Paris ; was lov-
ingly embraced, commended, confessed, and
oommunicated at the Jesuit's nt one altar with
the cardinals of Vandosmi and Narbone, where-
of I prayed certificate, and enclosed the same
in my letter to his holiners, to lead him the
rather to absolve me ; which I required by my
letters, in consideration of so great an enter-
prize undertaken without promise or reward. —
5. I went with Morgun to the nuncio Ragaz-'
coni, to whom I read the Letter and Certificate
enclosed, scaled it, and leil it with him to send
to Rome ; he promised great care of it, and to
procure Answer : and so lovingly embraced me,
wished me good speed, and promised that I
should be remembered at the Altar. — 6. After
this I desired Morgan, that some special man
mij^ht be made privy to this matter, lest be
dying, and I miscarrying in the execution, and
ny intent never truly discovered, it might stick
lor an everlasting spot in my race. Divers
were named, but none agreed upon, for fear of
betraying. — 7. This being done, Morgan as-
sored me, that shortly after my departure, the
lord Fernehurst (then in Paris) should go into
Scotland,, and be ready upon the first news of
the queen*s fall to enter mto England with 90
or SOfiOO men to defend the queen of Scotland
(whom, and the king her son, I do in my oon-
acqait of any privityi liking, or consent
to this, or any other bad action, for any thinf^
that I e^er did know.) I shortly departed for
England, and arrived at Rye m Jan. 1683,
from whence I wrote to the court, advertised
some, that I had a special service to discover
to the queen's majesty. — 8. Wliich I did more
to prepare access and credit, than for any care
I had of her person, though I were fully re-
solved never to touch her (notwithstanding any
Warrant) if by any device, persuasion, or policy
she mivht be wrought to deal more graciously
with tlie Catholics than she doth, or, by our
manner of proceeding in <parliamont meaneth
to do, or any tiling yet seen. I came to the
Court (then at Whitehall) prayed audience,
had it at large, and very privately discovered
to her majesty this Conspiracy, much to this
effect, though covered with all the skill I had.
She took it doubtfully, I departed with fear.
And amongst other things, I cannot forget her
majesty's gracious speech then uttered touch-
ing the Catholics, which of late after a sort i
avowed in parliament : She said to me, that
never a catholic should be tvoubled for Reli-
gion OP supremacy, so long as they lived iika
good sul^ccts, whereby I mistrusted that her
majesty is borne in hand, that none is troubled
for the one or the other. It may be truly
said, that it is better than it hath been, though
it be not yet as it should be. — In March last,
wliile I was at Greenwich (as I remember)
suing for St. Catliarine*s, came Letters to' ma
firom cardinal Como, dated at Rome, the last
of January before; whereby I found the Enter-
prize commended and allowed, and myself ab-
solved, in his holiness's name, of all my sms,
and willed to go forward in the name of God%
That letter I shewed to some in Court, who
imparted it to the queen ; what it wrought, or
may work in her majesty, God knoweth ; only
this I know, — 9. That it confirmed my resolu-
tion to kill her, and made it clear in my consci-*
ence, that it was lawfiil and meritorious. And
yet was I determined never to do it, if either
policy, practice, persuasion, or motion in parlia-
ment could prevail. I feared to be tempted, and
therefore always when I came near her I left my
dagger at home. — 10. When I looked upon her
majesty and remembered her many cxcellenciest
I was greatly troubled : and yet I saw no remedy,
for my Vows were in heaven, my Letters and
Promises in earth ; and the case of the CathoUo
Recusal) ts, and other, little bettered. 3ometimes
I said to myself, Why should I care for her ?
What hath she done for me? Have I not spent
10,000 marks since I knew her service, and
never had penny by her ; It may be said, she
^ve mc my life, JBat I say (as my case stood)
It had been tyranny to take it ; and I fear me
it is little less yet. If it please her graciously
to look into my Discontentments, I would to
Jesus Christ she had it, for I am weary of it.
And now to ccmie to an end of .this Tragical
Discourse : in July I left the Court, utterly de-
jected, discontented, and as her majesty might
perceiye by my passionate Letters, careless of
myselfl I came to Loodoa : Dc« A\SMksC%^Dcda.
1 103] STATE TRIALS, 26 Euz. 1584 Trial qfJDr. miliam Parry, f llOi
«vas sent me out of France. — 11. It redoubled
my former conceits ; every word in it wan a
warrant to a prepared mind : It laiight that
kings may be excommunicated, deprived, and
violently handled; It proveth that ail wars civil
or foreign undertaken for Religion, are honour-
able, iler majesty may Ao well to read it, aud
to be out of doubt (if things be not amended)
that it is a warning, and a doctrine full dange-
rous. This is the Book 1 shewed, in some
places read, aud lent it to my cousin Nevit (the
Accuser) who came oilen to mine house, put
bis finger in my dish, his hand in my purse ;
and the night wherein he accused me, was
wrapped in my fl;own, six months at least after
we had entered into this Couspiracy : In which
space her majesty, and ten princes in several
Sroviuces, might have been killed. God bless
er majesty from him ; for before Almighty
€rod, I joy and am glad in my soul, that it was
his bap to dicovcr me in time, tlio' tliere were
BO danger near. — And now to the manner of
our Meetings. He came to me in the begin-
ning of August, and spake to me in this or like
•ort. Cousin, let us do somewhat, sithence we
can have notliing. I ofibred to join witli him,
aud gladly heard him, hoping because I knexv
him to be a Catholic, tluit he would hit upon
that I had in my head ; but it fell not out so.
lie thought the dehvery of the queen of Scot-
land easy, presuming upon his credit and
kindred in the North : I thought it dangerous
to her, and impossible to men of our fortunes :
He fell from that to the taking of Berwick. I
spake of Quiuborough and the Navy, rather to
entertain him with discourse, than tliat I cared
for those motioqs, mv head beyig full of a
greater matter. — X%. t told him that I had
another matter of enterprize, more honourable
and profitable to us, aud the catholic's Com-
monwealth, than all these, if he would join in it
'with uie, as he presently vowed to do: He
-pressed to know it ; I willed him to sleep upon
the motion : He did so, and (belike overtaken)
came to me the next morning to my lodging in
London, offered to join with me, and took his
oath upon a Bible, to conceal and constantly
10 pursue the Enterprize fur the ndrunceinent
pf kcligion ; which I also did, and meant to
perform : the killing of the (jucen was the matter.
— -TIl^ manner and place,, to be on horseback,
with eight or ten horses when she should ride
abroad about St. James's, or some other hke
place. It was once thou'^ht fit iu a garden,
and that the escape would be easiest by water
into Sheppy, or some other part ; but we re-
solved upon the first. — ^This continued as agreed
upon many months, until he heard of the death
of Westmoreland, whose land and dignity
(whereof he assured hinl^c1f) bred belike this
conscience in him to discover a Treation in
February contrived and a(:reed upon hi August.
If it cost him not an ambitious htuid at last, let
liim never tr^st me. He brought a tall gentleman
(whom he commended for an excellent pisto-
licr) to me to Cbanoo-Row, to make one io
Ihe match : but I refused to dc«l with him, be-
ing loth to lay my head upon so many bands.—
Master Nevil hath (I think) forgotten, tliat he
did swear to me at divers timet, that all the
advancement she could give, should serve but
for her scourge, if ever time and occasion
should serve; and that though he would not
lay hand upon her in a corner, his heart served
iiim to strike off her head in the field. Now
leaving him to himself, this much (to make an
-end) 1 must confess oi myself,' I did mean to
try what might be done in parliament, tu do
my best to liinder all hard courses, to have
prayed hearing of the queen's majesty to movt
her (if I could) to take compassion upon her
Catholic subjects : and when all had tailed, to
do as I intended. If her majesty by this course
would have eased them, though she bad never
preferred me, I had with all comfort aod pa-
tience l>orne it. — 13. But if she had preferred
me without case or care of them, the Eoter^
prise had held. Parry." — God preserve the
Queen, and incline her merciful heart to for-
give me this desperate Purpose ; and to take
my head (with all mf heart) for her better
satisfaction.
After which, ft)r the better manifesting of
his Treasons, on the 14th of February, hst,
there was a Letter written by him to her ma-
jesty, very voluntarily, all of his own hand,
without any motion made to him ; the tenour
whereof, fur that which coucernetli these Lii
trairous dealings, is as foUoweth:
A Letter written by Parry to her Majt$t^,
" YoiR in^iyesty may see by my voluauiy
Confe.ssion, the dangerous fruits of a dinconteBt-
edmind; and how constantly I pursued my £n(t
conceived purpose in Venice, for the relief of
the alHieted Catholics ; continued it in Lyons,
and resolved in Paris to put it in adventure fur
the restitution of England to tlie antieot obe-
dience of the See Apostolic. You may !«e
withid, how it is commended, allow ed, aod
warranted in conscience, divinity, and policT»
by the Pope and some great divines : ihou^
it be true or likely, that most of our Kngli^
divines, less practised in matters v( this wei^ibt,
do utterly mislikc and condemn it. — The £o-
tei'prize is prevented, and Conspincy discover-
ed by an honourable gentleman, uiy kinsiaas
and late familiar friend, master Edmuud Neril,
privy and by solemn oath, taken U|m;u the Bi-
ble, party to the matter, whereof 1 am heartily
l^lad, but now sorry, in my very si^ul, that ever
I conceived or intended ir, liow commendable
or meritorious soever I thought it. God
thank him, and forgive me, wlio would not
now, before God, attempt it, if I had jibccty
and opportunity to do it, to gain your kiug*
dom. I beseech ■ Christ, that my dettb
and example may as well satisfy your ma-
jesty and the world, as it shall glad and cod-
tent inc.: — The queen of Scotland is joor pii*
soncr ; let her be honourably entreated, but
yet surely guarded.-— llie Prtnoh kini i*
Fnmdi, yoa kuotv it well eoovghy jmi wilTiBd
1105]
STATE TRIALS, 26 Eltz. 1584.-^ A%* TVeamn.
(1106
bnii oocninecl when he should do yoa good ; he
will not lo^ R pilgrimfige to save jou a crown.
1 have no mure to say at this time, but that
wkh my heart and soul I do now honoar and
hirt yoa ; am inwardly sorry for mine offence,
•nd ready to make you amends by my death
and patience. Discham me d cutp&y but not
4 pmU^ good lady. And so farewell, most gra-
cionSy and the best-natored and qualified queen
that ever lived in England. From the Tower,
the lith of Febraary, 1564. W. Parky."
This done, the cardinal di Como his Letter
in Italian was defivered unto Parry's hand, by
tiie direction of Mr. Vice-dmmbcrlain ; which
Pturrr there perused, and openly affirmed to be
wboHy of the cardinal's own Imnd-writing, and
the seal to he his own also, and to be with a
cardinal's hat on it : And himself did openly
read it in Italian.
A moH Signore, man Signore Guglklmo Parry,
^ MoN signore, la santita di N. S. ha vedu-
to le Lettere di V. S. del primo con la fede in-*
cfaisa, ct Don puo se non laudare la buona dis-
poaicione ct nsolutione che scrive di tenere
veno il serntio et beheficio publico, nel che la
' aantita sna tessorta di perseverare, con fame
liasdre li effetti che V. S. promette : £t acci-
oche tanto maggiormente V. S. sia ajotata da
quel boon spihto che I'ha mosso, le concede
•oa Beneditione, plenaria Indulgenza et Re-
soissione di tutti li p<p»ti, secondo che V. S.
Im chiesto, assicurandos si che oltre ii merito,
die n'havera in cielo, vuole anco sua snntita
constituirsi debitore a riconoscere li merit i di
V. 8. in ogni migHor modo che potra, et cio
tanto piu, quanto die V. 8. usa maggiDr modes-
da in non pretender niente. Metta dunque
ad effetto li suoi santi et huiiorati pensieri, et
•ttenda astar sano. Che per fme io mc le of-
fero di core, et le desidero ogni buono et felice
•Dccesso. Di Roma a 30 di Gennaro, 1584.
Al piacer di V. S. N. Cardinale di Como."
The words bearing sense as it were written
to a bishop, or to a man of such a degree, it
was demanded of bini by Mr. Vice-Chamber-
tsfn. Whether be had not taken the degree of
m Bishop? He said, No : But said atfirbt, those
terms were proper to the degree he had taken.
And after said. That the cardinal did vouch-
saie, as of a fiavour, to write so to him. Then
the Copy of that Letter in English was in like
manner openly read by the. Clerk of the
Crown ; wnich Parry then acknowledged to be
truly translated.
Coronal de Como*s Lrtter to Wni. Parry,
Janumry QOih, 1584, bu account of Rome.
*' MoN signor, the holiness of our Ix>rd
hath seen the letter of your signory, of the first,
with the assurance included, and cannot but
commend the ^ood diisposition and resolution,
which you write to hold towards the sen'ice
and benefit public : Wherein his holiness doth
exhort you to persevere, \%ith causing to brini;
forth the eficcts which yi>ur signory promiseth.
And to the end you may be bo mucii the more
liolpen bj that ^ood spirit which hath moved
yoa tberaantOi hts Uestedness do grant to you
VOL. I.
plenary indulgence and remission of all your
sins, according to your request ; assuring you,
that besides the merit that you shall receive
therefore in Heaven, his holiness will further
make himself debtor, to re-acknowledge the
deservings of your signory in the best manner
that he can : And that so much the more, in
that* your sisnory useth the grenter modesty, in
not pretending any tiling. Put therefore to
effect your holy and honourable thoughts, and
attend your heialth. And to conclude, I o£fer
myself unto you heartily, and do desire all
good and happy success. At the pleasure of
your signory, N. Card, of Como."
And thereupon |vas shewed unto Parry his
Letter of the 18th of February, written to the
Lord Treasurer, and the Lord Steward : which
he confessed to be all of his own hand-wnting^
and which was read accordingly.
WUliam Parry*$ Letter to the Lord Treasurer,
and the Earl of Leicester,
*^ Mt lords, now that the Conspiracy is dis-
covered, the fault confessed, my conscience
cleared, and mind prepared patiently to suffer
the pains due for so heinous a crime ; I hope
it shall not offend you, if crying l^fUerere, with
the poor publican, I leave to despair with cart-
ed Cain. My case is rare and strange, and,
for any thing I can remember, singular : A na*
tural subject solcnmly to vow the death of his
natural queen, so born, so known, and so taken
by all men, for the relief of the afilictrd Catho-
lics, and restitution of Religion. The matter
first conceived in. Venice, the bcn^ice, in gene*
ral words, presented to the Pope, continued
and undertaken in Paris; and lastly, com-
mended and warranted by his holiness, digest-
ed and resolved in England, if it had not been
prevented by accusation, or by her majesty's
greater lenity, and more gracious usage of her
catholic subjects. This is my first and last of-
fence conceived against my prince or country,
and doth, I cannot deny, contain all other
faults whatsoever. It is now to be poni-ibcd
by death, or most graciously, beyond all com-
mon expectation, to be pardoned. Death I
do confess to have deserved ; life I do, with all
humility, crave, if it may stand with the queens
honour, and policy of the time. To leave so
great a Treason unpunished, were strange :
to draw it by my death in example, were
dangerous. A sworn srr\'ant t.> take upon
him such an enterprize, upt>n such a
cround, and by such a warrant, itath not ''Cen
seen m Kni^iand : To indict hun. arraign
him, hrin<: liim to the scalTold, and to pub-
li<^h his uffrnco, can do no goid : To hope
that he hath nii)rr to discover tnan is confessed,
or that at his Execution he will uns;iy any
thing he bath written, is in vain : to conclude,
that it is impossible for him in time to make
some part of amends, were very liard, and
against former experiences. The ques ion then
is, Wliethcr it is iietrer to kill liim, or (lest the
matter be mistaken) upon hope of his amend-
ment to pardon him. For mine own opinion^
4 n
1107] STATE TRIAI5, 2dELiz. \5S^.—TnalqfDr. WiUiam Parry, [1108
though partial, I will deliver you my conscience.
The Case is gpud qoeen £lizabeth'sy the offence
is committed against her sacred person, and
she may (of her mercy) pardon it without pre-
judice to any. Then this I say, in few words,
as a man mure desirous to discharge his trou-
bled conscience, than to live. Pardon poor
Parry, and relieve him ; for life without livuig
is not ft for him. If this may not be, or be
diought dangerous, or dishonourable to the
.queen*s majesty (as by your favours, I think it
full of honour and mercy) then I beseech your
lordships (and no other) once to hear me be-
fore I be indicted, and afterwards, if I must
die, humbly to iutreat the. queen*s majesty to
hasten my Trial and Execution, which I pray
God (with all my heart) may prove as honour-
able to her as I hope it shall be happy to me ;
who will while I live (as I liave done always)
pray to Jesus Christ for her majesty's long and
prosperous reign. — From the Tower, the 18th
of February, 1584. W. Parry."
These matters being read openly, for mani-
festation of the matter, Parry prayed leave to
•peak : Whereto Mr. Vice-(5hamberlain said,
If you will say any thing for the better opening
to the world of those your foul and horrible
. facts, speak on ; but if you mean to make any
excuse of that which you have confessed, which
else would have been and do stand proved
against you, for my part, I will not sit to hear
you.
Then her majesty's Attorney-General Popham
•tood up and said, It appearetli before you my
lords, that this man hath been indicted and ar-
raigned of several heinous and most horrible
Treasons, and hath confessed them, which is
before you of record; wherefore there resteth
DO more to be done, but for the Court to give
Judgment accordingly, which here I require in
the behalf of the queen's majesty.
Tlien said Parry ^ I pray you hear me for
discharging of my consaence. I will not go
about to excuse myself, nor to seek to save my
life : I care not for it ; you have my confession
of record, that is enough for my life : And I
mean to utter more, for which I were worthy
to die. And said, I pray you hear me, in that
I am to speak to discnarge my conscience.
Then said Mr, Vice-Chamberluin, Parry,
then do thy duty according to conscience, and
utter all that thou canst say concerning those
thy most wicked facts.
Then said Parry , My cause is rare, singular,
and unnatural, conceived at Venice, presented
in general words to the pope, undertaken at
Pans, commended and allowed of by his holi-
ness, and was to have been executed in Eng-
land, if it had not been prevented. Yea, I
have committed many Treasons, for I have
committed Treason in being reconciled, and
Treason in taking absolution. There hath
been no Treason sithcnce the first year of the
queen's reign touchine Religion, but that I
am guilty of, (except for receiving of Agnus
Dci's, and persuadm^, as I have said, and yet
9cver intendini, to lull qa«ea Elizabeth) I ap*
peal to her own knowledge, and to my Loi4
Treasurer's, and master SMretary*8.
Then said my lord Uunido»f Hast thou ao
knowledged it so often, and so plainly in Writr
ing under thy hand, and here of record ; and
now, when thou shoal dest have thy Judgment
according to that which tliou hast coii£nscd
thyself guilty of, dost thou go back again, and
deny the etfect of all ? How cao we bcdieve
that thou now sayest ?
Then said Master Vice-Cbamberlainy This if
absurd ; thou hast not only confessed generally,
that thou wert Guilty, according to the India-
ment, which summarilv, and yet iu expros
wonis, doth contain, tbat thou badst traiter-
ously compassed and intended the I>eatb and
Destruction of her m^esty; but thou also
saidst particularly, that thou wert guilty of
every of the 1 reasons contained tbetwi,
whereof the same was one, in plain and eaprcti
Letter set down, and read unto tbee. ica,
thou saidst that thou wert guilty of nort
Treasons too besides these. And didst thoa
not upon thy Examination, Toluntarily ooofon^
how thou wast mov^d first thereunto by laif-
.like of thy state after thy departure oat of the
realm, and that thou didst inislike ber majci^,
for tliat she had done no thins for tbee ; bow
by wicked Papists and Popish Books thoa wert
persuaded that it was lawful to kill her ma-
jesty ; how thou wert by reconciliation become
one of that wicked sort, that held her m^etty
for neither lawful queen nor christian^ and ibiC
it was meritorious to kill her^ And didst thoa
not signify that thy purpose to the Pope bt let-
ters, and receivedst Letters from the Caroiaal,
how he allowed of thine intent, and excited
thee to perform it, and thereupon didst receive
absolution } And didst thou not conceive it,
promise it, vow it, swear it, and receive the
Sacrament that thou wouldst do it ? And didst
not thou thereupon affirm, that thy vows were
in heaven, and thy letters and promisei oa
earth to bind thee to do it ? and that whatso-
ever her majesty would have done for tbce^
could not have removed thee from that intca-
tion or purpose, unless she would have d^
sisted from dealing, as she hath done, with the
catholics, as thou callest them ? All this thoa
hast plainly confessed ; and I protest before
this great assembly, ihou host confessed it more
plainly and in better sort than my memory will
serve me to utter : and stiyest thou now, that
thou never meantest it ?
Ah, said Parry, your honours know how my
Confession, upon mine Examination, waa ex-
torted,— ^Then both the lord Hunsdon and
Master Vice-Chamberlain affirmed that there
was no torture or threatening words ofimd
him. — But Parry then said, that they told him,
that if he would not confess willinely, be should
have torture : whereunto their nonours an-
swered, thot they used not any speech or word
of torture to him. You said, said Parry, that
you would proceed with rigour aniott me, if I
would not confess it of myself.--Bot their Ho-
nours expressly affirmed, that they oied ao
1109]
STATE TRIALS, 26Eliz. 1584.— /rHi^lVeaion.
[1110
sack words. But I will tell thee, said Master
Vice-Chamberlaio, what we said. I spake thase
woids: If yott will willinglj utter the troth of
jourseify it maT do you good, I wish you to do
80; ^f you will not, we most then proceed in
c>rdiDary course to take your examination.
Whereunto you answered, that you would teli
the truth of yourself. Was not this true?
Which then he yielded unto.
And hereiintu her majesty's attorney-general
^put Parry in remembrance what speeches he
used to the lieutenant of tiie Tower, the queen's
majesty's lerjeant at law, master Gawdie, and
the same attorney, on Saturday the SOth of
Febntary lest, at the Tower, upon what he
was by them then eiamined by onier from the
lordii; which was, that be acknowledged he
was roost mildly and favourably dealt with in
nil his Examinations: which he also at the bar
then acknowledged to be true.
Then Mr. Vice-Chamberlain said, that it was
• wonder to see the magnanimity of her ma-
jetty, whicb', after that thou hadst opened
ahote traiterous practices in sort as thou hast
laid it down in tlw confession, was nevertheless
such, and so'fiir from all fear, as that she would
not so much as acquaint any one of her high-
aesa's privy council with it, to his knowledge,
no not until after this thine enterpriie disco-
vered and made manifest. And besides that
wlueh thou hast set down under thine own
lland, thou didst confess, that thou hadst pre-
paied two Scotish daggers, fit for such 'a pur-
pose ; and tliose being disposed away by thee,
ibo« didst say, that another would serve thy
tern. And withal, Parry, didst thou not also
confess before us, how wonderfully thou wert
appalled and perplexed upon a sudden, at the
presence of her majesty at Hampton-Court
this last summer, saying, that thou didst thiuk.
thoe then sawesc in her the very likeness and
image of king Henry 8. ? And that therewith
•ad upon some speeches used by her miyesty,
thou oidst turn about and weep bitterly to thy-
self? And yet didst still call to mind that thy
TOWS were in heaven, ihy letters and promises
OB earth ; and that therefore tliou oidst say
with thj^elf, that there was no remedv but to
do it ? Didst thou not confess this ? The which
be acknowledged.
Then said the Lord Hunsdon, sayest thou
BOW, that thou didst never osean to kill the
qoeen f Didst thou not confess, that when
toou didst utter this practice of treachery to
Itfr muesty, that thou didst cover it with all
the skill thou hadst, and that it was done by
thee, rather to get credit and access thereby,
than for any regard thou hadst of her person.
But in truth thou didst it, that thereby thou
mightest have better opportunity to perform
thy wicked enterprize. And wouldst thou
have run into such fear as thou didst confess
thsU thou wert in, when thou didst utter it, if
thou hadst never meant it r What reason canst
thoo shew for thyself?
With that he cried out in a furious oianner,
I ne? cr mcBOt to kill her : I will lay my blood
upon queen Elixabeth and you, before God
and the world. And thereupon fell into a
rage and evil words with the queen's majesty's
attorney-general.
Then said the lord Hunsdon, this is but thy
popish pride and ostentation, which thoa
wouldst have to be told to thy fellows of that
faction, to make them believe thut thou diest
for popery, when thou diest for most horrible
and dangerous Treasons against her majesty,
and thy whole country. For thy laying of thy
blood, it must lie on thine own head, as a
just reward of thy wickedness. The laws of
the realm most justly condemn thee to die, out
of thine own mouth, for the conspiring the de-
struction both of her majesty, and of us all :
therefore thy blood be upon thee ; neither her
majesty nor we at any time sought it, thyself
hast spilt it.
Then he was asked. What he could say,
why Judgment of Death ought not to be
awarded against him ? Whereunto he said, lie
did see that he must die, because he was not
settled. — What meanest thou by chat? said
Mr. Vice-Chamberlain. Said he, look into
your Study and into your new Books, and yon
shall find what I mean. — I protest, (said his
Honour) I know not what thou meanest : thoa
dost not weH to use such dark Speeches, unless
thou wouldest plainly utter what thou meanest
thereby. But he said, he cared not for Death,
and that he would lay his blood amongst them.
Then spake the Lord Chief Justice of Eng-
land, being required to give the Judgment, and
said : Parry, you havel>een much heard, and
what you mean by being settled, I know not ;
but I see you are so settled in popery, that you
cannot settle yourself to be a good subject. But
touching that you should say, to stay Judgment
from being given against you, your speeches
must be of one of these kinds, either to prove
the Indictment (which you have confessed to
be true) to be insufficient in law : or else to
plead somewhat touching her majesty's mercy,
why justice should not be done of you. All
other speeches wherein you have used great
liberty, is more than by Law vou can ask.
These be the matters you must look to, what
sayyou to them ? Whereto he said nothing.
Then said the Lord Chief Justice: Parry,
thou hast been before this time indicted of <h-
vers mo&t horrible and hateful Treasons, com*
mitted against thymost gracious sovereign and
native country : The Matter most detestable,
tlie Manner most subtle and dangerous, and
the occasions and means that led titee thereunto
most ungodly and villainous. That thou didst
intend it, it is most evident by thyself. Tlie
matter was the destruction of a most sacred
and an anointed queen, thy sovereign and mis-
tress, who hath shewed tnee such fiivour, as
some thy betters have not obtained ; yea, the
overthrow of thy country wherein thou wert
born, and of a most happy commonwealth
whereof thou art a member, and of such a
queen, as hath bestowed on thee the benefit of
all benefits in this woiid| that iijitf^~
nil] STATE TRIAI^, 27 £uz. l5B5,r^lnqtdsiiion tfon ^ Deaih qf [1118
tofore granted ihee by }>er mercy, when tbou
haditC lo»t it by justice nrni desert. Yet tliou
her bervaiit, bworu tu defend her, meaat'st,
^ith Ity bk>udy hand, to have taken away her
life, that mercitiiily gave thee thine when it was
yielded into her hands : This is the Matter
whcnm thou hast oiFciided. The Manner was
most subtle and dangerous, beyond all that be-
fore thee have committed any wickedness
against her majesty : Fur thou making shew as
ITthou v\oulde»t simply have uttered for her
safety the evil that others had contrived, didst
but ^ek thereby credit and access, that thou
might e^t take the aptcr op[>ortunity for her
destruction. And for the occasi<ms and means
that drew thee on, they were most ungodly and
villainous, as the persuasions or the pope, of
Papists, and popish books. The pope pre^
tend.'th that he is a pasror, when as in truth he
is far from feeding of the flock of Christ, but
ratlier as a wolf, seeketh but to feed on, and to
sock out the blood of true Christians, and as it
were thirsteth after the blood of our most gra-
cious and Christian queen. And these Papists
and Popish Books, wliile they pretend to set
forth divinity, they do indeed most ungodly
teach and cersuude that which is quite contrary
both to God and his Word ; for the Word
teaches obedience of subjects towards princes,
and lorbiddfth any private man to kill; but
tbey teach subjects to disobey princes, and that
a private wicked person may kill ; yea, and
wboiii } A most godly queen, and their own
natural and most gracious sovereign. Let uli
men therefore take heed how they receive any
thing from him, hear or read any of tlieir books,
and how they confer with any Papists. God
fprant her majesty, that she may know liy thee,
bowever she trust such like to come so near
ber person. But see the end, and why tliou
didst it, and it will appear to be a most misera-
ble, fearful, and foolish thing ; for thou didst
imagine that it was to relieve those that
tbou callest catholics, who were moit liktly
amongst ail others to have felt the ^otA of it,
if thy devili<)h practice bad taken efiecL Btt
sith thou bust been indicted of tbe Treaaooa
comprised in the Indi<{tment, and tbeieupoo
arraigned, and hast confessed thyself gnilty of
them, tbe court doth award, that tbou shalt be
had from hence to the place whence tbou didsl
come, and so drawn through the open citj of
London upon an hurdle, to the plac^ of execo-
tion, and there to be banged and let down ■
alive, and thy privy parts cut off, and thj en-
trails taken out and burnt in thy tight ; then
thy head to be cut o^ and thy body to be di-.
vided in four parts, and to be disposed of at ber
majesty's pleasure : And God have mercy on
thy souL
/ Parry (persisting still in hie raee and iiat*
Ision) said, I here summon queen flizabetb to
janswer for my blood before God.
' Whereupon the lieutenant of the Tower was
commanded to take him from tbe bar, and to
he did : and as he was going away the people
cried out, < Away with Uie I'raitor, awaj wiik
him :* whereupon be was conveyed in a baife
to the Tower again by water. Upon tbe 8d of
March ensuing he was delivered bj the lient^
nant of the Tower, early in the mornings to
the slieriflb of London and Middlesex, who i^
ceived him at Tower^hill ; and accordnai l»
the Judgment caused him to be fbrthwidlMl
on an hurdle, on the which he was diawa
through the midst of the city of London aato
the place for bis execution in Palace-yaid
Westminster, where having long time of stay
permitted him before his execution, he inp««
dently denied that he was ever guilty of any
intention to kill queen Elizabeih ; and so (with-
out any request to the people to pray for hia,
or using any outward prayer himself) he was
turired off, and executed according to the '
tcnce.
61. Inquisition of a Jury of the City of London before the Coroner,
had upon occasion of the Death of the Earl of Northumbebp
land: With a Report of his Treasons : 27 Eliz. a. d. 1585,
[Soniers' Tracts. 4 Coll. vol. 3. p. 420.]
LTinS Arficle, though not strictly a Trial, is
republi.vhed from the Somcrt's Tracts, because
the enri of Northumberland who is the subject
of it, had been before found Guilty, by his own
Confession, of conspiring to deliver the queen
oT Scots out of the earl of Shrewsbury's custo-
dy ; and also because at the time of his death,
he was imprisoned under a churee of Treason
The t^an^action throws some Tight upon the
History of queen £lixabeth, and Mary queen of
Scots.]
A true and summary Report of the Declaration
of some part of tbe £arl of Nurthumber^
laod'i Treasuni, delivered puUickly ia tbe
Court at the Star-Chamher by tbe J/ni
Chancellor and others of her majesty^ moiC
honourable Privy Council, and Conndl
-learned, by her majesty's special command-
ment; together with the Liaminations and
Depositions of sundry persons, touching the
manner o( his most %v-icKed and violent Mnr-
der, committed upon himself with hit own
hand, in the Tower of London, tlie 90th day of
June, 1585. In ftdibns C. Barter, Printer
to the queen of England, her most exocUenl
majesty.
To the Reaoeb.
Malice, among other cMeuiiat pnyeitkt
1115} STATE TRIALS, 27 Elis. 1585.— <Ae Earl qf Northumberland. [] ] U
ippertaiiUDg to ber u^j nature, bath this one
»ot inferior to the rest and the worst, Iiicre-
iility, wherewith she communlj possesseth the
ainJa and affections of all those that are in-
ected with her, so blindiiu; the eyes and judg-
meiit of the best and c&arest sigbled, that
they cannot see or perceive the bright beams
of the troth, although the same be delivered
with never so great purity, proof, circumstance,
and probability. It is said, that no truth
paaseth abrqad unaccompanied with her con-
trary, and as they go, truth is ever constrained
to yield the prec^lence and pre-eminence to
her yoke-feUow faUhood, whose lodging is al-
waya first made and prepared without a har-
binger in the corrupt nature of maniLind by
whom he is first received, entertained and har-
boured at all times : whereof in our daily ezperi-
•nce there happen many and dangerous demon-
strations, especially in matters of the highest
BMHsent, teiftding to excuse or accuse tlie ac-
tiooa of the greatest personages. — ^There was
of late delivered in publick by persons of ho-
nour^ credit and reputation, a large Dedara-
tioa of certain Treasons practised by the late
•arl of Northumberland, of the manner of his
ontimely Death, being with his own hand mur-
dered in the Tower, and of the causes that
wrought him thereunto: the particnkrities
vrfaereof are such and so many, as for the help
of nry memory (coming theu to the Star-cham-
ber by occasion, and not looking for any such
presence of the nobility and privy council as
1 found there at that time, and not looking for
any soch cause of that nature to have been
handled there that day) I took notes of the
several matters dedured by the Lord Chan-
cellor, Mr. Attorney, and Solicitor-General,
the Lord Chief Baron, and Mr. Vice Cham-
berlsun : for, as I remember, they spoke in
order as they are here marslialled, and there-
fore I place them in this sort, and not accord-
ing to their precedence in dignity. — Upon hear-
ing of the Treasons, with tlieir Froo& and Cir-
cumstances, and the desperate manner of the
earl's destruction delivered in that place, and
by persons of that quality, I supposed no man
to have been so void of judement, or the use of
common reason, that would have doubted of
any one point or particle thereof, until it was
my chance (falling in company witli divers per-
fons at sundry times, as well about the city of
London as abroad) to hear many men report
▼ariaMy and corruptly of the manner and mat-
ter of this puMick Declarutiou, possessing the
minds and opinions of the people with manifebt
untruths : as, that the enrl had been unjustly
detstined in prison, without proof or just cause
of suspicion of Treason : and that he had been
murdered by device and pr:ictice of some great
enemies, and not debtroyed by himself. These
slanderous rcportb have ministered unto me this
occasion to set forth unto ihy view and con-
tideration, gentle reader, this short collection
of the said Tieasons and Murder, ns near unto
the truth as my notes taken may lead and per-
mit me, with the view of some of the examua-
tioas themselves concerning this cause, for my
better satisfaction since obtained : which 1 have
undertaken for two respects ,* the one, to con-
vince the false and malicious impressions and
constructions received, and niade of these ao-
tiops, by such as are in heart enemies to the.
happy estate of her majesty's present govern-
ment : tlie other, because it may be thought
necessary for the preventing of a further con-
tagion. Idee to grow, by this creeping infection,
in the minds of such as are apt, though other-
wise indilBFerent, in these and the like rumours,
to receive the bad as the good, and they tlfe
most in number. Wherein, if I have seemed
more bold than wise, or intermeddled mysdf
in matters above my reach, and appertaining
unto me, I crave pardon where it is to be
asked, and commit myself to thy friendly
interpretation to be made of my simple
travail, and dutiful meaning herein.
Upon the 2drd day of June last, assembled
in the , Court of Star-chamber, sir Thomas
Bromley, knt. Lord Chancellor of £ngland,
William Lord Burleish, Lord High Treasurer of
England, Georee earlof Shrewsbury, Lord Mar-
shal of England, Henry earl of Derby, Robert
earl of Leicester, Charles lord Howard of
Effingham, Lord Chamberlain, Heniy lord
Hunsdon, Lord Governor of Berwick, sir Francis
KnoUis knt Treasurer, sir James Croflte, knt.
Comptroller of her Majesty*s Houshold, sir
Christopher Hatton, knt« Vice-Chamberlain to
the Queen's Majesty, the Lord Chief Justice
of her Majesty's Bench, the Master of the Rolls,
and the Lord Chief Baron of the Exclicquer,
and others ; the audience very great of kiKghts,
esquires, and men of other qu:dity, the Lord
Chancellor began briefly and summarily to de-
dare, that whereas Henry late earl of Nor-
thumberland, for diverb notable Trcasf»ns and
Practices, by him taken in hand, to the danger,
not only of her majesty's royal person, but to
the peril of the whole realm, had been long de-
tained in prison, and looking into the guilt of
his own conscience, and perceiving by bucli
means of intelligence, as he, by corrupting of
his keepers, and other like devices, hud ob-
tained^ that his Treasons were by simdry Exa-
minations and Confrskions discovered, grew '
thereby into such a desperate estate, as that
thereupon he most wickedly dcbtroyed and
murdered himself; which being made known
to the lords of her majesty's Privy Council,
order was thereupon taken, and direction given
to the Lord Chief Justice of England, th^
Master of the Rolls, and the Lord Baron of the
Exchequer, to examine the manner and cir-
cumstances of iiis Death, which they with all
good endeavour and diligence had accordingly
perfoimed. And lest, through the sinister
meaiiv of such persons as be evil-aBected to
the present estate of her mnjesty's government,
bOii*e had and untrue conceits might be had, as
well of the cause of the earl's detainment, as
of the manner of his Death, it was tl.erefbre
thought necessary to have the truth thereof
made kuown in that ^t««i&^Guut \ asA ^^c^^ \)»
11 15] STATETiaAIS. 27 ElU. lS65.—Tn^M>iiion tpm Oe Deatlttf [UlS
reqaired her majesty's leuriied council there ifherinKJeilj'a iscred penon, and ailraDciDi
prcKOt, to deliver at large ihe pariicularitie*, ^ribe said Scatisb queen to the ragal crown
both of the TreaBons, and in what sort the and icepter of Uii« realm, whereonto her ma*
«arl had murdered himBclf. Then lie^aif' John leiiy is lineully and lawruUy bum and itt-
Popharo, e«]. ber m^ejij's Attoraey Gcueral, >cended, and wheTein God of bis mercy can>
asfoUowethi Linue her long, in happy stale of gOTenimtnt,
„ ,..,.,.,, . . "> tlio increase of her own RtorVi and the com-
Th* earl of NorthurnberUnd, about the tuoe r„„ ^f ^„ i^,; ,„d obedient subject.,
•f the last Itebelhon m the North, in ilie liih j^en did master Attorney enier into tU
yearof her roajeitys reign (then called by the potticularilies of the TreaaonB, lea»in« mun
title of Henry Pierey, kiit.) bad undertaken (s thereof untouched, because tlie cut
the con»eji.ie»'rayoftbe Scotish queen ; for wood so asit wsinotlhenconveniBnttoim^
llie which, 01 appe^reth by a record of the 14tJ. ^^^ „ ^^ ^d_ ;„ KtftO. that they touched
year of her majesty s reign, in llw court of her j^uie other persons undealt withal at that tinr,
majMtj'i. Bench he was indicted, he confessed ,|,c„ing that Throckmorton'. Treisona were
the offence, and put bimself to her majeBty ■ „„( o|^_ i,ut fresh in ei^ery man*, memory, ind
mercy. Al which time, upon liis said Con- j.^, r>r fu(Lh they reached unto the eari, be
fcssioD, Submission, and raithfal promise of hu rtoclared. And for that the Treasons of
duty and nllceiance to herhighnm from tlieoce- Throckmorton tended eipeciaUy to the iniadiog
forth, the queen . majesly, of lier mercitul na- „f ^y^ ,^„ ,;,,, foreign fonrcs, the porpON
ture, waa pleased not to look into his offence f,ff^^ iorosion long before imeaded. U prorad
*nth iheextremity of her law», but dealt ther.in, by sundry Examinations and Confessions taint
V ''^."" "/ '=°"^'"P' ""'?' "» ""7 "PP*•^ *>? here within the realm, as -ell of her tnajestj^
lie Record; the effect whereof was then own subjects as others, by lettera intero
dwwed in court, under ibe hand of one of the written from and lo the conspiratora ■
CiMks of her majeitys said Bench, m hgc andnt home.and byolhergood advcrti«=
"'™°' and intelligences had from foreign parts, di>-
' Middlesex. covering the same. He declared, thn in ■
' JUm.TliatHeni? Pierey, lute of Tinmouth, Letter, vrriltcn from Dr. Sanden to Dr. Alia
* in ibe County of Northumberland, km. was out of Spun, in the yesr 1ST7, It b set dm,
'indicted in tlie term ofEaMer, in the 14lh among other things, that the Sute oTCIiib-
* year of her mnjeaty's reign, W that he, wiib tendom stood upon the stout astailing of £•(-
' divers others, did conspire lor ihe delivering land. — That in a Letter sent to ttw sum Alka
' of the aueen of Scots out of the cuetody of from Rome, touching audience ^*mi by dw
' the enrl of Shrewsbury ; upon which Indict- Pope to tlie ambauadors of certain fbrtip
* mrnt the same Henry Fiercy did confess the princes, between ihe pope and whom a leagse
* offence, and did put himself to the queen's was agreed on against ihe queen's ma^j,
' mercy, and thereupon Judgment was afUr there were inclosed certain Articles, contuna
* giten by the court, tliat the said Henry should in effect, that the realm »faould be invaded aila
' phy to tliequeen for a fiiiefur his said offence, 20,000 men, at the chat];eofthe said popeiad
* SOOO rnarks, as appearelh by the Record princes, that her majesty should be depwsJ,
'thereof in court. J'cr Micha, 14& 15 Eliiab. and some English catholic elected king.— tlat
.... - j^ Ij^j jjj^ ^1
0 the realm, i
. _, .,, _ir, that the earl numbei. to the i
hadhis band in that Rebelliun.
ther prouf thereof, it is most manifeiily diso- or wiib tumuli at home.—
vered in a certain Tract, wrillen by the bishnp Provence, there wns met an EnglishmaD, bas|
of Itou, wherein he sbewelh liuw faithfully he the head preacher there, who gave iniellipMt
behare<l liimself in the managing of those Trcn- lo one of her majesty's lubjecis, (hat ibe
snns, at and about the time of that Hebetlion, realm should shortly be invaded by » fbitip
that the said eirl wos, in effect, as for plunged king, and ihe popish religion reatoreri : aM
into the Mine, as the late esrl his brother, how- said further, ihit priests came into Enghod,
soever he wound hiinteiruut of tlie danger at and riispcracd tbemwlve* in counties, to nakf
that time. — Notwithstanding titrsc tmiiernus their parly strong, — .\ innsngewassent inNo*.
practices, the queen's majc-ity was contented I3S1 to Ur. Allen, froma lu^eclof this irolB,
tu remit all within a sii'irt time, and then ac- by a seminary priest then returning heyoDd the
Gcptc-d most gmci'iu-ly ofhimbnthin hunnur seas, lliat wliereas he had received word ftoM
and favour, tliuugh unworthily bestowed upon Allen at Allliallon-Tide before, that men sad
liim; for that he utterly liiriielting ih'ise eriices al) thinp were in a reailiucM, if the place sf
■nd favours received at lier miijcsty's inorril'ul Innditig might be known ; that Allen ibovU
hands, wiihngtucrlc'sresuiution was contented lijtthwiih send word whether ihinp wb« in
to enter ii'tii n tiew Plot, non Inlrty contrived, inch readiness or not ; and if they wet«^ hi
nui only fur ilelivering iho Sc'iti.li quven, hut would then send lilin such perfect instmciisa
fat the invading nl' the whnle realm, (lie over- as he cnuld. — One Payne, excmtcd iat Tk*-
ihrow of the citveniinenl, as well concerning son, confessed, that this realm cnnld sot god-
Uieiltaii of Relifiao, as sthnwis^ the dbuisor tiawiBilw Matcwbercia it waa; for that t^
1117] STATE TRIALEf, 27 Eli2. 1585 — the Earl qf Narthmnberhmd. [ms
pope had a special care thereof, aod would in a
ahort time, eicfaer by foreign princes, or by some
other means, work a change of things here.
From hence, Mr. Attoriiev fell into the Trea-
sons confessed by Francis Throckmorton, shewr-
iog, that the state of this realm had been often
presented to the consideration of a foreign
prince, who, after long hearkening to the mo-
don, bad resolved to vicld what furtbf^rance
he might, and to ^iye all aids necessary for tlie
reforming of religion, so they might be backed
by such as were well affected within this coun-
try.— ^That the duke of Guise had solicited for
two years together the pope and other princes,
to supply him with forces : But being crossed
by the death of a great personage, it was now
crown to this pass, if there could be a party
Swnd in England to join in that action, and
conrenient places and means for landing, and
other tilings necessary, there should be a supply
lor Guise of foreign strength. — Francis Throck-
morton was recommended from beyond the
•oaito don Bernardino de Mendoca, ambas-
aador resident for the Spanish king here in
England, who acquainted Throckmorton what
plot was laid for the enterprise of the duke of
Ouiac, and that he was willed to confer whh
Throckmorton in the matter: who thereupon
acquainted the said ambassador with the plot
of the havens, and with tlie noblemen and gen-
tlemen that he bad set down as fit to be dealt
withal in that cause. — ^Throckmorton said.
That the bottom of this enterprize (which was
not to be known to many) was, that if a tplera-
tioo of religion might not be obtained without
alteration of the government, that then tlie
govemment should be altered, and the queen
removed. — ^That the Scotish queen was made
•cqoainted from the duke of Guise with the
iDteotion to relieve her by these forces.— It
was in Debate between Throckmorton and the
Spanish ambassador, bow the Scotish queen
aught be delivered, as by an enterprise to be
made with a certain number of horse: And
that it was told Francis Throckmorton by his
brother Thomas Throckmorton, that it was a
principal matter in debate, beyond the seas,
bow she might be delivered with safety; the
lack of resolution wherein was the principal
stay of the execution of the attempt of inva-
Bioo.-^Mendoia told Francis Throckmorton
about Bartholomew-Tide 1583, that one Moape
was come into England to sound the earl of
Northumberland and other principal men in
Sussex; and about the end of September fol-
lowing, the same Mendoza told him, that
Moape was Charles Paget, and that ho came
not only to sound the men, but to view the
places, the havens, the provisions and means,
and nearness and commodity of men*s abidiuf^s
that should join with tlie fitreign forces. — It
was devised, that such noblemen and others as
would be contented to assist the foreign forces
(bein^ justices of peace and of credit in their
CQuotiei) might, by colour of their authority,
levy mtn as for her majestv*s defence, and yet
cnploy cbMH to assist the toreign forces. The
lord Paget was made acquainted with this de-
vise, and answered, that it was a good course^
and that he had thought upon it before.—
Mendoza told Throckmorton, that Charles
Pas^t had been in Suasei, and had spoken
wi& those that were there, and that he camo
to move the earl of Northumberland and others.
— ^The night before Throckmorton was appre-
hended, 1^ came to the lord Pa^et, and desired
him that he would not acquamt the earl of
Northumberland and certain others (whom he
named) with such matters as had passed be-
tween them two, touching tJie practice of this
invasion : And the lord Paget willed htm to
deal as wisely for his part as he would for hioH
self, and all should be well : But, quoth the
lord Paget, the earl of Northumberland koow-
eth you well enough. — It was once epecd
amoiic the confederates, that the duke of Guise
should land in Sussex, being over against Diepe
and Normandy; which after was misUked,
because those parts lay too near to her majesty's
IJLreatest force and store, and that the people
thereabouts for the moat part were protestants.
Master Attorney shewed Airther, That in
Summer last, there was taken upon the seas,
sailing towards Scotland, a Scotish Jesuit, about
whom there was found a discourse, written in
Italian, of a hke enterprize to be attempted
against England, which should have been ex-
ecuted in September or October then last past;
wherein assurance is made, that the earls of
Northumberland and Westmoreland, Dacres
that is dead, whom they termed lord Dacres,
and of all the catholic lords and gentlemen in
the North parts, where the invasion should
have been attempted, setting it down that it is
not said by conjecture that these men are as-
sured ; but that it is certainly known that they
will join with the foreign forces. In the sai4
discourse it is also affirmed, that the piiests
dispersed in the realm can dispose of the other
catholics of the realm as they shall be ordered;
and that the pope's excommunication should be
renewed, and pronounced against her majesty,
and all those that shall take her part; and that
all such -should be holdcn traitors that did not
join with that army by a day.
When master Attorney had thus proved the
purpose of Invasion, he proceeded to the proof
of Cluirlcs Paget's coming over about the prac-
tice and prosecution of that enterprize. And
first. That Paget came to Pet worth, in SepL
1583, was secrf tly received, and brought in the
night late to the earl of Northumberland, into
his gullery at Petworth, by one of the earl's
servants; where the earl and he had secret
conferencetogether by the space of a large hour:
from thence Paget was likewise conveyed back
into the town by the same servant, and there
hidged all that night ; and the next night follow-
ing wns conveyed secretly to a lodge in the earl's
park, nt Petworth, called Conigar Lodge, where
he was kept with the like secrecy by the space
of eight days, or thereabouts, and the servant by
whom Paget was thus conveyed, was by the earl
ecyoiued and commanded in no wise to discQv«c
1110] STATE TRIALS, 27 Eliz. 1585.— JfaftiMiM 9fm tie DuA ff [1120
Page('s being there. — The earl of Northumber-
Uad apon the arrival of Charles Paset, sent for
the k>itl Paget, with the privitj of this ser\'ant,
who was made believe, that Charles came over
to set things in order, and to pass certain deeds
mnd conveyances between the lord Paget and
him. The lord Paget came to Petworth, staid
there two nights, lodged in the earl's house,
csouferred wirh Charles Paget and with the earl
together sundry times. — ^I'he earl, after his ap-
prehension, being at several times examined
what causes or affairs had passed between the
lord Pnget and ChaHes his brother, when they
were together at Pet\%'orth ; ansMrcred one while,
that they passed certain deeds and conveyances ;
and another while, that there was only a will
or testament signed jind sealed between them :
he confessed that he set his hand to tfie will,
tot knew not what the same contained. All
wliich appeared to be false ; for that it hath
ioUen out bv occasion of seizure of the lands
«nd goods «»f the lord Paget (after his departure
out of the realm) that be had disposed of his
lands and goods by another coarse of assurance
eaecuted at London ; and therefore, their pre-
tence of the passing of deeds and will at Pet-
worth, was but a device to shadow their trai-
torous conspiracies. And for better proof
thereof, it was alledged by Master Attorney,
that Charles Paget retumini; from Petworth to
tlie house of one Wiiliam Davis, near to the
place where Paget had landed in Sussex, and
took shipping again at his departure beyond
the seas, sent to William Shelley, esq. residing
then at his liouse at Miclielf^rove, distant about
a mile from the house of William Davis, to
come unto him (who within few days before had
been at the lodge at Petworth, with the said
Paget :) and now at their meeting in a coppice
near to Davis's house, Paget entered into speech
and discourse with him of divers matters ; and
at the last, among other thint;s, he began to be
inquisitive of the strength and fortification of
Portsmouth, and what forces and strength her
majesty had in the other parts westward. —
Paget broke out, and declared to him, that fo-
reign princes would seek revenge against her
majesty oi' the wrongs by her done unto them,
and would take such t.ine and opportunity as
might best serve them for that purpose ; and
said, that those princes disdained to see the
Scottish qm-eii so kept and used here as she
was, and would use aJi their forces for her de-
livery. That the duke of Gui-^e would be a
dealer therein ; and thnt the carl of Northum-
berland would be an as^sistnnt unto them; will-
ing Shelley, whatsoever should happen, to fol-
low the earl of Northumberland; nHinnine,that
tlierc was not a nohlcmnn in Kniijand of con-
duct and (rovrrnijient like to the said earl : say-
ing further, that the earl of Northuu)berland
was ntfccted to the Scottish qm-rn, and wi»uld
do what he c«»iild for her advancement. — ^That
the duke of Guise had forces in n readiness to
be employed for the altering of the state of re-
ligjion liere in England, and tf> set the Scottisli
qvccn at liberty. — Shelley gathered by these.
and other speeches which pmed between Mm
and Pa^t, that Paget had itoait with the tuA
at « chief party, aad a man forward in thesi
actions ; and Paget ooofeMed that ht etme
over to break, and deal in tbesematten^F—Piget
delivered fiurther, that the Catholioi woald al
join for to good a parpose; fortfaatitwooldlie
a means to reform Religkn.— He tM, the Hir
should be in the North parta, because Bomi
was not convenient, as well for that there woe
no safe landing places, as for that it was so nev
London, wliere the queen's majesty wooU be
ready to resist them; and that whensoever say
stir should be, the earl of NorthaadberisBd
would not stay in Sussex, but would go into Ite
North parts.
When master Attomey-Geueral had ia dih
sort laid down the paiticnlariiies of te Trea-
sons and traiterous practices of the coHfede»
rates for this purposed invasion, thea Thoaia
Egerton, esq. her majesty's Sdiciter, to prate
the earl guilty of these Treasons by the dreaoh
stances of his own proceedings, shewed, thsc
the carl, knowing how (&r he himself was loacb-
ed with the said Treasons, and in what dqpee
of danger he stood if they should have bees
revealed, found his only hope of safety tocoa-
sist in the cunning concealing of them; sad
therefore he endeavoured to cover them bf sU
the possible means be eoold devise—And fin^
by ctmveying away of the lord Facet, a nua
not only privy to the practices and TressoM
handled by Francis llvockmorton, but abo to
the Treasons of bis brother Charles ; wherdo
the earl and the lord Paget were doabtlni
both confederates with Charles, made aoqaaiBi-
ed by him with the causes of bis comhig ofcr,
as principal men with whom be dealt ia tfao»
matters at Petworth. — The occasion that pfO>
voked the earl to convey away the lord P^get,
grew upon the apprehension of ThrockncM^
ton, who being committed to the Tower, sod
charged with high matters, was in case to be
dealt withal by way of extremity, to be made ts
confess the treasons charged upon him; in le-
vealing whereof, Charles Pi^getfs coniag to
Petworth, and the cause of his repair thidiv,
could not be concealed. — No man at this line
withio the realm could aecuse the earl of thne
confederacies, but the lord Paget only, who
stood in danger to be discovered by Fraaos
Throckmorton ; The safety therefore of the
earl rested altogether upon the lord Paget's de-
parting out of the realm, which was procvred
by the earl with so great expedition, as that
Throckmorton heiuc committed to t lie Tovrcr
about the 7th of Nov. 158S, the earlmidf
means the 12th to have the lord l*aget provided
of shipping in all haste by William Shelirr:
wherein the earl used such importmiate in-
treaty, and sent so often to hasten the pit-
paration of the ship, that the same was pR>-
viiled, and the loro Paget embarked fay tbt
23d day of the same month following, or theie'
a bouts. — ^I'he departure of tbe lord Paget wsi
soon after discovered, and bow, and by whom
he was conveyed away : Her wnjntf^ spfls
H21] STATE TRIALS, 27 Eliz. 1584 the Earl of Northumberland. [1122
l^ood cause taking offence thereat, the earl, be-
lag tlien at London, had notice thereof, and of
the confesiiion^ of rhruckinorton (who began to
discover the treasons) came presenily down
to IPetwonh, sent immediately for William
Shelley, who coming to him to Petworili the
next day about dinner-time, met the earl in a
dining parlour, ready to go to his dinner.
The earl took Shelley aside into a chamber,
mnd as a man greatly di!>tracted and troubled
in mind, entered into the^^e speeches : * Alas !
I am a man cast away ;' and Shelley demand-
ing what he meapt by those speeches, the earl
mnswered, ' The actions I have entered intO/>
I fear, will be my utter undoing ;* and there-
upon desiied Shelley to keep his counsel, and
discover no more of him than he must needs. —
The earl, moreover, at this meeting intreated
William Shelley to convey away all such as he
knew to have been employed, and were privy
to the lord Paget's going away, and of Charles
Paget's coming over, which was accordingly
performed by Shelley : And the earl, for his
part, conveyed away a principal man of his
•wn, whom he had often u«e(l in messages into
France, and had been of trust appointed by
the earl, to attend on Charles Paget, all the
time of his stay at Connigar Lotlge. — Master
Solicitor, pursuing the matters that made the
earl's practices and devices for the concealing
<of his Treasons manifest, dechired further,
That after the earl and Shelley hcd obtained
tome Ulerty in the Tower after their first re-
straint, the earl found means to have intelli-
Smcc with Shelley, and was advertised from
m of all that he had confessed in his first ex-
mminatiuns, taken before they were last re-
strained : Sithens which time, the earl, by
corrupting of his keeper, hath practiced to have
continual advertisements as before, as well of
things done within the Tower as abroad; inso-
mnch as by his said keeper he had sent and
conveyed twelve sevenil letter** out of the
Tower, within the space of nine or ten weeks,
find one of those on Sunday the 20th day of
Jane in the morning, when he murdered himself
the night following. — By the same corruption
of his keepers, he sent also a message to Wil-
liam Shelley, by a maid*8ervant in the Tower,
by which he required him to stand to his first
confessions, and to go no further ; for so it
would be be^t for him, and he would keep
himself out of danger. W hereunto Shelley re-
turned answer, by the same messenger, that he
could hold out no longer, that he had conceal-
ed the matters as long as ho could, and willed
the earl to consider, that there was a great
difference between the earl's estate and his ;
for that the earl, in respect of his nobility, was
not in danger to be dealt withal in such sort as
be the said Shelley was like to he, being but a
private gentleman, and thercl'ore to be used
with all extremity to be made to confc-s the
truth : wherefbre he advised the earl to deal
plainly, and to rcmeml>er what speeches had
passed at his house at Petworth, when Charles
Paget came lust thither. — James Price, by the
TOL. I.
same corruption of the earl's keeper, came to
William Shelley on the Friday or Saturday be-
fore Trinity-Sunday last, and told him, that the
earl was very desirous to understand how far
he had gone in his confessions : And at Price's
instance, Shelley did set down in writing the
effect of the said confessions, and sent the same
to tlie said earl, who, upon the sight thereof,
perceiving the Treasons revealed and disco-
vered, and knowing thereby how heinous his
offences were, fearing the justice and severity
of the laws, and also the ruin and overthrow of
his house, fell into desperation, and so to the
destruction of liimself ; for confirmation where-
of, it was confessed by one Jaques Pantins, a
groom of the earl's chamber, who had attended
on the earl in the Tower, by the space often
weeks before his death, that he had heard the
earl often say, that master Shelley was no
faithful friend unto him, and that he had con-
fessed such things as were sufficient to over-
throw them both : That he was undone by
Shelley's accusations, affirming, tliat the earl
began to despair of himself, often with tears
lamenting his cause, which the earl said to pro^
ceed only of the remembrance of his wife and
children; saying further, that such mattert
were laid to his charge, that he expected no
favour ; but to be brought to his trial, and
then he was but a lost man ; repeating often
that Shelley had undone him, and still mistrust-
ing his cause, wished for death.
Herewith master Solicitor concluded ;. and
then sir Roger iManwood, knight. Lord Chief
B.^ron of her majesty's Exchequer, entered into
the description of the earlS Death, and in what
sort he had murdered himself; shewing first,
how the same had been found by a very sub-
stantial Jury, chosen among the best Common-
ers of the City, empanneled by the coroner,
upon the view of the bodv, and diligent en
quiry by all due means hacf according to the
law, and declared. That upon the discovery of
the intelligence conveyed between the earl and
Shelley, it was thought necessary, for the bene-
fit of her majesty's service, by such of her high-
ness's most honourable privy council as were
appointed commissioners, to examine the
course of these treasons ; that Jaques Pantins^
attending upon the carl, and the earl's corrupt
keepers should be removed : Whereupon Tho-
mas Bailifl", gentleman, sent to attend on the
earl of Northumberland, upon the removing of
Palmer and Jaques Paniiqj from about the
said eaFl (who from the beginning of his last
re<itraint attended on him) for the reasons lastly
before-mentioned, was by the lieutenant of the
Tower, on the Sunday about two of the clock
in the afternoon (lieing the 20th of June) shut
up with rhe earl, as appointed to remain with
liim, and ser\c him in the prison for a time,
until Palmer, Pantins, and Price, then com-
mitted clo^e prisoners, might be examined how
the earl came by such intelligences as were dis-
covered to have passed between the earl and
Shelley, and between the earl and others.
Bailiff' served the earl at his sup^er^ br
4 r
1 123] STATE TRIALS, 27 Eliz. IBS-L— Inquisition upon tine Death qf [1124
him to his bed about nine of the clock ; and |
after some bervict;> done by. the earl's com-
mandment, departed froin the carl to an outer
chamber, where lie lay part of that night :
And bc'ing come into his chamber, the earl rose
out oy liis bed, mid came to the chamber-door,
and bolted the same unto him in the inner side,
saying to Baihtf, he could not sleep unless his
door Are fast. About twelve of the clock at
midni^ir, Bailiff being in a slumber, heard a
great'^uise, ^ecujing unto him to be the falling
of some door, or rather a piece of the house:
The noise wn>sr) sudden and so great, that he
started out of his bed, and crying unto the earl
%vith a lotid voice, said. My lord know you
^ what this is ? The carl not answering, Bailiff
cried, and knocked still at the earl's door, say-
ing, My lord, how do you ? But finding that
the earl made no answer, continued his crying
and calling, until an old man that lay without
ipake to him, saying. Gentleman, shall I call
the watch, seeing he will not speak ? Yea,
quoth Bailitt; for God's sake. Then did the
old man ri!^e, and called one of the watch,
whom Bail iff intreated, with all possible speed*
to call nnastcr lieutenant unto him. In the
mean time. Bailiff heard the earl give a long
and most grievous groan, and after that, gave a
second groan ; and then the lieutenant being
come called to the carl, who not answering,
BaililT cried to the lieutenant to break open the
earl's chumber-door, bolted unto him on the
inner side, which was done, and then they
found the earl dead in his bed, and by his bed-
side a dfigge, wherewith he bad killed himself.
Sir Owen Hopton, Lieutenant of the Tower,
knight, examined upon his oath, affirmed,
That on Sunday lust at night, less than a quar-
ter of an hour before one of the clock after
midnight, he was called up by the watch to
come to the earl of Northumberland, who had
been called unto by master Bailiff his keeper,
and would not speak (as the watch told him :)
Whereupon the said sir Owen went presently
to the earl's lodging, opened the outer doors
till he came to the chamber where master
Bailiff lay, which was next to the earl's bed-
chamber. Bailiff said to this examinnte ns he
came in, that he wiis wakened with a noise as
it were of a door, or some great thing falling,
^nd that he hiid called on the earl, and could
have no answer : And this ex;uninate going to
the eurPs chamber-door, finding the same bolt-
ed fast on the otlier side, within the earl's lodg-
ing, so as he could not go in to the earl, this
examin:tte called unto the earl, teUing him the
lieutenant was there, and prayed his lordship
to open the door : But this examinate having
no answer made unto him, and finding the
door fast bolted on the inner side of the earl's
cluiinbrr with a ^trung iron bolt, so as they
could not enter into tlie same out of the lodg-
ing where the ?^aid BaililT lay, without breukin«jj
up the chan)ber-duor, caust-d the warders \« ho
were with this examinate, to thnist in their
^ lialberds, and to wrest tlje door thereby, as
much as they could, and withal to run at the
door with their feet, and with violence to thnist
it open, which they did accordingly. And
when this examinate came into the cbamber^
in turning up the sheets he perceived tbeai to
be blooded ; and then searching further, found
the wound, which was very near tlie pap, not
thinking at the first sight, but that it had been
done vvith a knife. This examinate went
thereupon presently to write to the court, and
took the warders into the outer chamber, and
left them there until he returned, bolting the
door of the earPs bcd-ohamber on the outside ;
and as soon as this eicaminate returned from
writing of his letter to the court, he searched
about the chamber, and found a dagge on the
floor, about three feet from the bed, near unio
a table, that had a green cloth on it, which did
somewhat shadow the dagge : And, after turn-
ing down the bed-cloaths, found the box, in
the which the -powder and pellets were, on the
bed under the coverlet ; and saith, that the
chamber where tlie earl lay, huth no other door
but that one door which was broken open as
aforesaid, save one door, that went into a privy,
which liath no manner of passage out of it;
and that the earl's lodging chamber, and the
entering to the privy, are both walled rouad
about with a stone wall, and a brick wall ; and
thiit there is no door or passage out of or from
the said earl's bed-chamber or privy, but that
only door which was broken open by the appoint-
ment of this examinate. The warders that
were with this examinate at the entry into the
prison, and the breaking up of the earl's chan-
ber-door, and the doing of the otlier tliiap
afores:ud, were Michael Sibley, Anthony Da-
vis, William ]lyland, and John Fotter, and one
John Pinner, this cxamiuatc's servant, wa»
there also.
For the Proof and Confirmation of the se-
veral parts and points of this Deposition, Sib-
ley, Davis, Rviand, Potter, and Pinner «ere
deposed, and they viva voce affirmed so much
thereof to be trae^ as was. reported by the ex-
amination of the lieutenant, concerning the
coming of the lieutenant to the earl's chamber,
the breaking up of the door, being bolted witk
a strong bolt on the inner side, the finding ot*
the earl dei\d upon his bed, the dagge lying on
the ground, the powder and pellets in a box oa
the bed under the coverlet, with the rest of the
circumstances thereunto appertaining. They
affinned also, tt)at there was but one door in
the earl's chamber, saving the door of the
privy, which, tugether with the cha:nLer, was
strongly wailrd about with ^t^one and brick :
And further, as I remember, the lord chief lia^
ron confirmed the same, having viewed the
chamber himself where the carl lodged, and
was found dead.
Jaqucs Pantins, in his Examination on the
121st of June, confesscth, that .fames Price de-
livered the dagge to the carl his muster in tbii
exaininate's presence ; Whereupon he present-
ly su>pccted, that the earl meant mischief to
himself, and therefore did his endeavour to per-
suade the earl to send away the dugg^y and
1 1 25] STATE TRIALS, 27 El«. 1 584.— lAe Earl qf Northumberland. [ 1 1 26
told the earl that he knew not how the devil
might tempt his lordship, and that the devil
was great; but could by no means prevail with
the earl in that behalf: And saith moreover,
that the earl required him to hide the dagge/
and he thereupon hanged the same on a nail
within the chnnney in the earPs bed-chamber,
where the earl, thinking the same not to be
sufficiently sate in that place, it was by the
earl's appointment t.iken from thence, and put
into a slit in the side of a mattress that lay
under the earl's bed, near to the bed's head ;
and that the same Sunday morning that the
earl murdered himself at night, he saw the
dagge lying under the earl's bed's head. The
dagge was bought not many days before of one
Adrian Mulan, a dagge-maker, dwelling in
£ast Smithfield, as by the said Mulan was tes-
tified viva voce upon his oath, in the open
court, nt the time of the public declaration
made of these matters in the Scar-Chamber.
All these Particularities considered, with the
Depositions and Proofs of the Witness con*
ceraing the earl's deatii, first, how he came by
the dagge : secondly, how long lie had kept
the same, and in what secret manner : thirdly,
the earl's bolting of his chamber-door on the
inside : fourthly, the blow of the dugge : fifthly,
the breaking up of the earl's chamber-door by
the lieutenant of the Tower : and lastly, the
finding of the earl dead as aforesaid. Who is
he so simple, that will ihink or imagined, or so
impudent and malicious, that will avouch and
report, that the earl of Northulnberland should
have been murdei^d of purpose by practice or
device of any person, affecting his destruction
in that manner; if men consider the inconve-
nience happened therelj^y, as well in matter of
state, as commodity to the queen's majesty,
lost by the prevention of his trial; who can in
reason conjecture the earl to have been mur-
dered of policy or set purpose, as the evil-af-
fected seem to conceive? If the earl had lived
to have received the censure of the law for his
olTences, all lewd and frivolous objections had
then been answered, and all his goods, chattels
and lands, by his attainder, had come unto her
majesty, and the honour and state of his liouse
and posterity been utterly overthrown: the
consideration and fear whereaf appeareth with-
out all doubt to have heen the principal, and
only cause that made him lay violent hands
upon himself. If objections be made, that to
murder him in that sort might he a satisfac-
tion to his enemies, who could be pacified
by no means but with his blood, that seem-
eth to be as improbable; for that it is com-
monly discerned in the corrupt nature of
man, that when we are possessed with so pro-
found a hatred, as to seek the death of our
enemy, we imagine, and wish his destruction
to be had with the greatest shame and infamy
that can be devised. Think you not then,
that, if the earl of Northumberland had any
such enemy, who knew the danger wherein he
btood, and that his trial and conviction by law,
would draw upon him the lobs of his life, lands.
and goods, fame, honour, and the utter subver-
sion of his house, and would be so kind hearted
unto him, as to help to take away his life only,
and save him all the rest; I suppose there is
no man of judgment will believe it. \
But to return to the Manner of the. -earl's
Death : It was declared by the lord Htmsdon,
and the Lord Chief Baron, that th€|9dl^ge
\%S wat
wherewith the carl murdered hirof
charged with three bullets, and so of nedli^ity
with more than an ordiuary charge of povi^er,
to force that weight of bullets to work their
effect. The earl lying upon his back on the
\e(t side of his bed, took the daege charged in
his left-hand (by'Wl likelihood) laid the mouth
of the dagge upon his left pap (havinii; iirst put
aside his waistcoat) and his shirt being only
between the dagge and his body, which was
burned away the breadtli of a large hand, dis-
charged the same, wherewith was made a
large wound in his said pap, his Iteart pierced
and torn in divers lobes or pieces, three of his
ribs broken, the chine-bone of his b.ick cut al-
most in sunder, and under the point of tlie
shoulder-blade, on the right side within the
skin, the three bullets were foimd by the lord
Ilunsdon, which he caused the surgeon in his
presence to cut out, lying all three close toge-
ther, within the breadth and compass of an
inch, or thereabout: the bullets were shewed
by his lordsiiip at the time of the publication
made in the court of the Star-Cham her.
And whereas it hath been slanderously given
out to the advantage of the earl, as the reporters
suppose, that he was imprisoned, and kept in
so streight, narrow, and close a room, with
such penury of air and breath, that thereby
he grew sickly, and weary of his life ; and that
to have been the cause chiefly why he mur-
dered himself, (if it were so that he died by
the violence of his own hand, which they
hardly believe;) to answer that peevish and
senseless slander, there was much spoken by
the lord chief baron, who had viewed, and
caused very exactly to be measured the cham-
bers and rooms within the prison where the
earl lay, being part of her majesty's own lodg-
ing in the Tower : the particular length and
breadth of the said chambers and rooms, and
the quality of the lights and windows, ex-
pressed by the said Lord Chief Baron, I cannot
repeat ; but well I do remember, it was de-
clared, that all the day-time the earl had the
liberty of five large chambers, and too long
entries, within the utter door of his prison:
three of which chambers, and one of the en-
tries, lay upon two fair gardens within the
Tower-wall, and upon the Tower-wharf, with a
pleasant prospect of the Thames, and to the
country, more than five miles beyond. Tlie
windows were of a large proportion, yielding
so nmch air and light as more cannot be de-
sired in any house ; note, therefore, how mali-
ciously those that favour traitors and treasons
can deliver out these and the like slanderous
speeches, to the dishonour of her maiesty, not-
ing her cpuDsellors and mituftt^t^ vixwi *\\!\v>wb».-
1127] STATE TRIALS, 28Eliz. \ S^O.^Proccedtngs against Anthony Babington, [1129
nity and uncharitable severity, contrary to all
truth and honesty.
When I he Lord Chief Daron had finished
this discourse of the manner of the earl's
Death, with the circumstances, and had satis-
fied the court and auditory concerning the
quality of the prison nherc the earl remained,
sir Christopher Hutton, knight, her majesty's
Vice-Chamberlain, who as it seemed, hud
been specially employed by her majesty, among
others of her privy council, in the looking into
and exaniiniug of the Treasons aforesaid, as
well in tiie person of the earl as of others,
and at the time of the earl's commitment from
his house in St. Martin's to the Tower of Lon-
don, sent unco him from her majesty, to put
the earl. in mind of her mnjesty's maniibld
graces and favours, in former times conferred
upon him, proceeding from the spring of her
majesty's princely and bountiful nature, and
not of his deservings ; and to advise him to
deliver trie truth of the matters &o clearly ap-
pearing agtiinst him, either by his letters pri-
vately to her majesty, or by speech to Master
V'ice-Cluintberluin, who signified ul!»o unto him,
that if he would determine to take that course,
he should ni)t only not be committed to the
Tower, but should Hnd grace and favour at her
majesty's hands, in the mitiiiation ofsuchpuni!»h-
meut as the law might lay upon him. And
here Master X'ice-Chamberhun repeated at
length the eiTect of her maje-.iy's message at
that time sent to the earl, btginning first with
the remembrance of his praciice undertaken
for the conveying away of the Scotibh queen
about the time of the last reliellion (as hath
been declared in the beginning uf this tract)
and that he confessing the olfence t>emg ca-
pital, her majesty nevertheless was pleased to
alter the course of his trial by the justice of
her laws, and suffered the same to receive a
slight and easy punishment by way of mulct,
or fine of 5000 mark^, whereof before this his
imprisonment, as it is credibly reported, there
'was not one penny paid, or his land touched
with any extent for the payment thereof;
which offence was by her majesty not only
most graciously forgiven, but also most chris-
tiauly forgotten ; receiving him not long after
to the place of honour that hh ancestors bad
enjoyed, for many years before him, and gave
him such entrance into her princely favoar
and good opinion, that no man of his quaUty
received greater countenance and comfort at
her inajobt^'>> hand:» than he ; in»pmuch thut m
all exercises of recreation used by her majesty
tlic earl was always called to be one, and when-
soever her majesty shewed herself abroad in
public, s>he gave to him the honour of the best
and highest scnices about her person more
often than to all the noblemen of her court.
But the remembrance of these most gracious
and more than extraordinary favours and be-
nefits received, nor the hope given unto bioi
by Master \^ice-Chamberlain, of her n>ajesty's
disposition of mercy towards him, nor the
consideration of the depth and weight of his
Treasons against hor mnjesiy, her estate, her
cro\^n, and dignity, with the danger thereby
like tu f;ili upon him by the course of her bigln
ness's laws, to the utter ruin and subversion of
him and his house (standing now at her majes-
ty's mercy) could once move his heart to that
natural and dutifiil care of her majesty's safety
that he ought to have home towards her, aod
she mu^t worthily had mcrite<l at his hands, or
any remorse or compassion of himself anti his
posterity ? but resting upon tenns of his iuno*
cency, having, as you may perceive, conveyed
away all those that he tiumght could or would
any way accuse him, he made choice rattier to
go to the Tower, abide the hazard of her ma-
jesty's high indignation, and the extremity of
the law fbr.hrs offences: a notable augur of
his fall, and that God, by his just judgment,
had, for tiis sins and ingiaiiiu !e. taken from
him his spirit of grace-, aud delivered luni over
to the enemy of his soul, whu brought him to
that most dreadful :«nd horrible emi, whereunto
he is come : fri>m the wliich, God ot hi» mercy
defend all chri!»tian pc'i>ple, and pre^ierre tha
queen's majesty from the Treasons of her sub-
jects, that bhe may live in all happiness, to see
the ruin of her enemies abroad and at home;
and that s!io, and we, her true and loving sub-
jects, may be always thankful to God for all his
blessings bestowed upon us by her, the only
muintainer of His Holy Gospel amon^ us.
62. Proceedings against Anthony Babixgton, Chidiock Titch-
BURNE, Thomas Salisbury, Robert Barnewell, John Sa-
vage, Henry Donn, and John Ballard, at Westminster,
for High Treason : 28 Eliz. the 13th and 14th of September,
a. D. 1586.
1 HE Commission of Oyer and Determiner of
all manner of Treasons, Rebellions, Felonies,
Offences, Routs, Riots, &c. was directed to
William lord Cobham, Lord-Warden of the
Cinque-Ports ; Thomas lord Buckhurst ; sir
Francis Knowles ; sir James a Croft ; sir
Christopher Haitou ; sir Francis Waisiogham ;
sir Christopher Wray, Lord Chief Jostice of
England ; sir Edmund Auderson, Loi-d Cbirt
Justice of the Common-Pleas ; sir Roger Man-
wood, Lord Chief Baron of the Excheauer;
Mr. Dr. Dale; Mr. Rugby, Master ol the
Requests; serjeant FleetwoiKi, Recorder of
X^ndou; Mr. Brograve, Attornej of ibt
STATE TRIALS, SJ8 Eliz. 1586 and others, for High Treaum. [1130
112i>]
Dutchy ; Mr. Randall ; Mr. Cook ; Mr.
Wrathe. B^ force whereof was n precept di-
rected to the LieuteDant of the Tower, com-
manding him to have the bodies of Aothonj
Babingtoo, esq. Chidiock Titchbume, esq. ThcH
roas Salisbury, esq. Robert Barnewell, gent.
John Savage, gent. Henry Donn, gent, and
John Ballard^ clerk, before the said Commis-
sioners, the day and^ year aforesaid. At which
day, before the Commissioners abovesaid, (ex-
cepting sir Francis Knowles, sir Francis Wal-
siugham, and sir Christopher Wray) sir Owen
Uopton, lieutenant of tiie Tower, returned his
precept in effect, That the said Prisoners were
committed to hirs custody by commandment of
the Privy-Council, there to be safely kept.
Whereupon Mr. V^ice-Chamberlain demanded
of the queen's learned counsel, what order they
would take in Arraigning the Prisoners ; and
Answer was by them given, that they' would
proceed to the Arraignment of Savage first,
forasmuch as he meddled fin>t in these matters.
Savage's Arraignment, Indictment and Con^
fesiion.
Then Savage being brought to the bar, and
the other Prisoners removed, the Clerk of the
Crown said ;
Sandt, Clerk of the Crown. John Savage,
gent, hold up thy hand : Thou hast been before
this time indicted by virtue of (iMnniission,
directed to sir liAirnuud Anderson ^ night, 6cc.
(and so read his Indictment) which in elfect
wart. That William Gitford, D.D. uiahciousiy
moved hmi utUhemes.in the country of Cham-
paigne, traitorously and wickedly to kill and
murder the queen's most excellent majesty, his
lic^e sovereign and natural prince; athlming
to the said Savage, tiiat the killing of her ma-
jesty was an action lawful, honourable and
meritorious : and tliat thereupon the said John
Savage did traitorously a^ree, conspire and
swear to murder the quet-u's most excellent
majesty, his own natural prince. And after-
wards, that is to say the first day of April 1586,
at St. Giles's in the Fields in the county of
Middlesex, dirl ral»ely conspire to murder lier
said majesty, to disiidierit her of her kingdom,
to htir up sedition in the realm, and to subvert
the trueL'hristiun Religion : and that t<r perform
this malicious practice, devised with John Bal-
lard how to bring the same to puss ; and after-
wards, the last day of May, did receive letters
from Morgan, William Giilbrd, and Gilbert
Gilford, whereby tliey diil pMsuade and pro-
voke the said Savage to execute and fulfil his
said purpose and determination. How sayest
thou, Savage, art tliou Guilty, or Not Guilty ?
SaVoge. For conspiring at St. Giles's, I am
Guilty ; that I rerei\ed letters, v^ hereby they
did provoke me to kill her majesty, I am
Guilty ; that 1 did assent to kill her majesty,
I am not Guilty.
C. J. Anderson, Whether thou didst con-
spire at St. Gde8*8,or not, is not the substance
of the Indictment ; but, whether thou didst
conipire or no, is the matter, and the rest is
but circumstance : moreover thou must say,
either that thou art Guilty or not Guilty, for so
hath the law ordained every one to answer;
and if thou answer not so, thou refusest to
be tried by the law, and so sualt be causer of
thy own death.
C. B. Manwood. Whosoever refuseth to
answer directly, the law pronouoeeth grievous
punishment to such, and they are murderers of
themselves, which is abominable before God.
Hatton. To say, that tliou art Guilty to
tliat, and not to this, is no plea ; for thou must
either confess it generally, or deny it generally :
wherefore delay not the time, but say either
Guilty, or not; and if thou say Guilty, then
shalt thou hear further; if not Guilty, her
Majesty's learned counsel is ready to give evi-
dence against thee.
Savage, Then, Sir, I am Guilty.
Then her majesty's Coun>el said, Albeit
there were nothini; now further to be done,
but to proceed to Judgment upon his own Con-
fession ; yet forasmuch as they desired that the
hearers should be satisfied, and all the world
know, how justly he was to he condemned,
they cra^e licence to gi e such Evidence a»
would sufficiently and fully prove the. Indict-
ment. Which being granted, the Clerk of the
Crown did read Savage's own Confession, taken
before the Ixird Ciiancellor, Lord Treasurer,
Mr. Vice-Cliainherlain, and Mr. Secretary ;
which particularly in substance was.
That the said John Savage served in the
camp of the prince of Parma, and from thence
he departed towards Rhemts, where falling
iicquamted with one Hodgson,- .ind talking with
him about exploits of services, it chanced Dr.
Giflbrd over. heard tiiein, and coming to them,
said, 'but a better service could 1 tell you than
all this' (moviii^ tl*c muider of the queen of
Kiiglund) : tiut ^uvage seemed to ol ject how
dangerous and difficult it was. So thty went
to supper, and afier supper ended Giftord de-
claring unto them, how necessary, how just
and meritorious, the commit ling of tlie murder
should be, said, that prraH venture he sticked
to do the fart, foru.^murh as he, pcrcasc, was
not resolved whether the killini<;' of a prince
were lawlul or not. Whereupon lie desired
him to advjs<' hiinst If, ai<d t<» ask opinions of
others : and Savuge having heard otiicrs affirm,
that the murder was lawful, forasmuch as in
their Mretenct she was an heietic, an enemy to
true IC'.'ligion, and u <)cliibniatic per^Jii : at last,
after three wt-eks, when in he had not seen
Gilford, he answered, That he wiis contented
t) do any ihini^ for his country's good. Then
said GiBord, Assure yonr.'^elf you cannot do a
greater good unto \our country, nor whereby
the country should be mote beh(^lden, espe-
cially all the Throckinortr)ii8 and Giflfords. At
last Savaji^e, overcome with their persuasions,
gave iiis assent and oath, that lie would put
the same in practice Wlien he had given his
oath to murder her, GitVord declared unto him,
how, and in what pluce her piajesty might be
thiio: and therefore Gifibrd chaiig|Bd hiia tA^
1131] STATE TRIALS, 28 Eliz. \5S6.-^l^oceedmgs against Anthmy Babifigtmh [I1S2
forbear do time nor place, but to' murder her ;
and therefore, as her majesty should go into her
chapel to hear divine bervice, Savage might
lurk in the gallery, and stab her with his dag-
ger : or if her majesty should %valk into her
garden, he might then shuot her through with
bis dugg ; or it her majesty did walk abroad to
take the air, as she would often do, rather (as
Giflford said) accompanied with women than
men, and those few men but slenderly wea-
poned, Savage niitiht then assault her with his
arming sword, and so make sure work ; albeit
' in all these cases Savage should be in extreme
hazard of his own life, forasmuch as the thing
iti»elf was so lawful, honourable and meritorious,
and he sure to gain Heaven thereby. There-
upon came Savage over into England with this
intent and purpose, for to kill the queen :
but not doing the same as soon as was looked
far, he received letters from Morgan and Gif-
ford from beyond the seas, persuading him to
execute the same. But then he Tell acquainted
witli the most notorious conspiracy of Babing-
ton, whereby was another plot devised, That
there sliould be six which siiould kill the queen :
Savage would not assent thereto, forasmuch as
be thought, except he did it himself, his con-
science could not be satisfied, because he had
promised and vowed to do that himself. But
liabington told him, he should be one. In the
raean season was JBailard the priest appre-
hended, the 4th of August last. Then came
Babington to Savage, saying, Ballard is taken,
all will be bewrayed, what remedy now ? Then
said Savage, No remedy new, but to kill her
, presently. V'cry well, said Babington ; then
go you unto the court to-morrow, and there
execute die fact. Nay, said Savage, I cannot
^ to-morrow, for my apparel is not ready, and
in this apparel shall I never come near the
q^ueen. Go to, quoth Babington, here is my
rmg, and all the money I have, get the appa-
rel and di-^patch it. But the same night, Ba-
bington fearing lest Savage alone should fail to
do it, continued his other plot, that six shoi^ld
ride to the court and do it: but the next day,
Babington suspecting somewhat, fled, and all
was discuvcred. And also it appeared by Sa-
vage's own Confession, how, between Midsum-
mer and Alhallontide, 1585, he was solicited by
Gifford to kill the queen and the earl of Leices-
ter. Furthermore divers other proofs were
shewed forth by Confession of other, all agree-
ing to Savage's confession.
Attorney. (Sir John Popham)NowI hope,
is Savage's Indictment sutiiciently and fully
proved.
Hatton, Savage, I must ask thee one ques-
tion : Was not all this willingly and voluntarily
confessed by thyself, without menacing, with-
out torture, or without offer of any torture?
Savage. Yes.
Then spake her majesty's learned CotmMly
desiring to adjourn the court until the monow.
Hattom, ForasDiucb m if «mi ahwi'l
proceied with the otlMr -*^
pat* it would .Mk ■"
in the morning, and the day is aheady far
spent ; also her majesty's pounsei having
prayed that Savage's Judgment be deferred^
to-morrow by seven of the clock ; therefore it
is necessary that the court should be adjourned.
Whereupon the cryer made an O yes, that all
should keep their day to-morrow morning by
seven of the clock, and so the Court arose.
Wednesday 14 September, 1586.
The next day being Wednesday, the same
prisoners were brought uuto the bar, and the
commissioners being set, the cryer commanded
•v^ery man to hold his peace and keep silence ;
and then spake Sandes the Clerk of tlie Crown,
in sort ensuing.
Clerk of the Crozcn. John Ballard, Anthony
Babington, Johrv Savage, Robert Barnewel),
Chidiock Titchburne, Thomas Salisbury, and
Henry Donn, hold up your hands; which being
done, he said, Before this time you were in-
dicted before sir £dmund Anderson knight
and others, 6cc. by virtue of her majesty's com-
mission, &c. That whereas Bernardino de
Mendozn, a Spaniard, and Charles Paget, the
26th day of April, 1586, at Paris in France,
did maliciously and wickedly devise, by what
ways and means this realm of England might
be invaded, and by what ways and means Mary
queen of Scots might be delivered : it was con-
cluded thea, that thou the said John Ballard
should go into this realm of England, to under-
stand and know what ports and landings might
be procured and provided for the enemies inva-
sion, and for to learn by what means and ways
the said Mary queen of Scots might be delivered
from the custody wherein she was. And that
thou the said John Ballard, coming into this
realm of England ; you the said Anthony Ba-
bington, John Savage, Robert Bamcwdl,
Chidiock Titchburne, Thomas StUisbury, and
Henry Doim, as false traitors against the crown,
and the queen's most excellent majesty, your
true and natural sovereign ; intending to put
away the love of her majesty's most lovmg sub-
jects, the 5th day of June, in the C28th year of
the reign of our soverei^i^n lady queen Elizabeth,
by the grace of God, &c. at St. Giles's in the
Fields, within the county of MiddlesexJ^did
falsely, horribly, traitorously and devilishly,
conspire, conclude and agree, the queen's most
excellent majesty not only from her royal crown
and dignity to depose, but also her to kill and
slay; and sedition, insurrection and rebellion
to stir up and procure, and the government of
this realm, and the true and Christian religion
therein planted to subvert, and the whole state
•thereof for to destroy ; and fur to raise and
levy war within the resdm. And thou the said
John Ballard, the 17 th day of June, in the 28th
year aforesaid, at St. Giles's aforesaid, in the
county of Middlesex aforesaid, didst eo to hare
speech, and confer with thee the said Anthony
fiabiiigtoiiy by what means and ways your fiUse
toMftiwM imagiped praccioes mkbt hi briMigiit
-4 dMt Am the Mid John BaUttd
■ii«f Ml mnaj of dwfofib'
1 133] STATE TRIALS, 28 Euz. 1586.^wmd oihers, far High Treason. [^134
and had speech, by what means your traitorous
compassed imaginations might be performed.
And afterwards, that is to say, the 15th of June,
at Sr. Giies's-Fields aforesaid, in the county
' of Middlesex aforesaid, thou the snid Thomas
Salisbury, and the said Edward Jones^ djd
conclude and agree, that the said Edward Jones
should conjoin with thee for the delivery of th<i
said Mary queen of Scots, and for to aid and
assist the foreign enemies which should invade
this nealm. And furthermore, that John Tra-
vers, gent, another false traitor in this conspi-
racy, went to Clerkenwell in the county of
Middlesex aforesaid, traitorously to confer with
thee the said Thomas Salisbury, how your trai-
torous compassed imagination might be brought
to pass. And the same 15th day of June, at
Clerkenwell aforesaid, in the county of Middle-
sex aforesaid, the said John Travers did traitor-
ously conspire, and agree, for the delivery of
Mary queen of Scots, and to assist the foreign
invaders of this realm. And furthermore, that
. thou the said Henry Donn, for the compassing
of thy traitorous practices, the 22nd of June, ir
the year aforesaid, traitorously didst repair^ and
go to have speech, and confer with the said
Anthony Babington, and John Ballard, how
your traitorous compassed imaginations might
be brought to pass. And the same 2^d of
June, as well in St. Giles's aforesaid, as in other
places, didst confer, and had speech how your
treasons might be brought to pass. And that
thou the said Henry Donn, the 24th day of
June, at St. Gileses-Fields aforesaid, didst con-
clude, and agree with the said BaUard and Ba-
bington, to perform the best they could for the
compassing of your treasons. And furthermore,
that thou the said Anthony Babington, the 8th
day of July, in the year aforesaid, received let-
ters dated the 25t)) of June, from Mary queen
of Scots, by which she signified unto thee, that
she would not be unmindful of thy affection
towards her; and required thee to send her
letters from friends in France and Scotland.
And the same day, thou the said Anthony Ba-
bington didst write unto the said Mary queen of
Scots, declaring the plot of thy treasons-, and
requiring from her> as from thy sovereign and
prince, authority and commission to proceed in
thy practices ; and the 25th of July received
letters of answer, by which the said Mary queen
of Scots willingly allowed of these treasons ; and
also by her said letters did animate, comfort
and provoke thee to fulfil the same effectually.
And furthermore, that sir Thomas Gerrard,
another false traitor, and thou the said John
Ballard, as false traitors, not having the fear of
God before your eyes, the 27th of July, in the
28th year aforesaid, at St. Giles's aforesaid, in
the county aforesaid, did conspire traitorously
to deprive and depose the queen's most excel-
lent majesty from her royal crown and dignity,
and her to final death and destruction for to
I bring : and sedition and rebellion to stir up and
I procure, and to alter the government of the
I realm, and the true religion to ^wViN^xX.* K.w^
j that thou tUc *^\A iVtv\\\o\\N'^'xVJ\vv^^\\,^^^^>"
and the king of Spain, for to invade this realm;
and didst also declare that Paget and Mendoia
required them the said Babington, Savage, &c.
to procure means how this realm of England
might be invaded. And that there thou the
said Anthony Babington didst say the same
could not be brought to pass, without the mur-
der of the queen's most excellent majesty, and
afterwards, that is to say, the 7th day of June,
at St. Giles's aforesaid, in the county of Middle-
sex aforesaid, thou the said Anthony Babington
did fulsely, horribly, traitorously, and devilishly
conspire to kill the queen *s most excellent ma-
jesty, and for to deliver the said Mary queen of
Scots out of the cu>tudy wherein she was, and
how to bring foreign enemies for to invade
this realm. And that tliou Thomas Salisbury
went to St, Giles's aforesaid, in the county of
Middlesex aforesaid, traitorously to confer by
what means and nays thy traitorous imagined
practices might be brought to pass; and that
thou didst there conclude falsely and traitorously
to go into thy country in the county of Denbigh,
there to move and stir up sedition and rebelhon ;
and for to persuade the subjects to conjoin
with thee, for the delivery of the said Mary
queen of Scots from the custody wherein she
was, and for to aid and assist the foreign ene-
mies u hich should invade the realm. And^af-
terwards the 9th day of June, that you the said
Anthony Babington and John Savage, went to
St. Giles's aforesaid, in the county of Middlesex
afdresaid, traitorously to confer how and by
what means your traitorous imagined practices
might be brought to pass: and afterwards, the
10th uf June you the said Anthony Babington,
and John Savage, maliciously between your-
selves, did appoint and conclude that thou the
said John Savage traitorously the queen's most
excellent majesty shouldst kill and slay, and
her to final destruction for to bring. And that
thou the said Babinjiton and Savage should join
and assist the foreign enemie:* which should
invade this realm. And that thou the said
Anthony Babington, Chidiock Titchburne, and
]Robert Biynevell, afterwards, that is to say,
the 11th day of June, in the year aforesaid,
went to St. Giles's aforesaid, in the county of
Middlesex aforesaid, to confer by what ways
and means your treasons might be fulfilled and
brought to pass. And thereupon the 12lh day
of June, you the said Babington, Titchburne,
and Barnewell, with divers other false traitors,
most horrihly, devilishly, wickedly and traitor-
ously did conclude and agree, that you the said
Robert Barnes ell, Chidiock Titchburne, with
divers other horrible traitors, the queen's most
excellent majesty would kill and slay, and the
foreign in\aders would aid and as«<ist. And
furiliermoro, that thou the said Thomas Salis-
bury, together with Edward Jones, esq. and
other false' traitors, to brini; to pass your trai-
torous imagined practises, the 13ih Huyof June,
iu the year aforesuid, did go to St. Giies's-Fields
aforesaid, in the county of Middlesex aforesaid,
to confer how your treasons might be broujjht
to pass : And the same 13th day did confer,
1 135] STATE TRIALS, 28 £liz. 1 5>i(i.— Proceedings against Anthot^ :babmgi(my [IISO
said sir Thomas Germrd, the 29th of July, in
the year aforesaid, ^ent to 8t. Giles's afore.said,
in ihe county afor«said, trait' •rousiy to conspire
how and hy whut means yonr traitorous com-
passed iinaginationb miglit be brought to pass.
And ttiereupon the last day of July, at St. Gile&*s
Aforesaid, in the county aforesaid, you the said
Jlntliony Babingtou, and the said sir Thomas
Girrrard,did agiee, that thou the said sir Tho-
mas Gerrunl should join with thee the said An-
thony Babingt'in, lor the delivery of the said
Mary queen of Scots from the custody wherein
she was, and for the aiding and atsistmg of the
foreign enemies which should invade this realm.
And furthermore, that thou the said John Bal-
lard didat traitorously go to Southampton-house
in H'dborn, within the county of Middlesex,
traitorou \y to confer with John Charnock, gent,
and other false traitors in this conspiracy, how
your traitorous compassed imaginations might
be brought to pass; and there didnt confer and
had speech by what means your treasons might
be perf<;rmed : and afterwards the ^nd day of
August at Sonthumpton-hoase aforesiiid, the
Said John Chamuck did traitorously assent to
perform the best he could in fulfilling of your
treasons, contrary to your allegiances you owe
to the queen'b most excellent majesty, her crown
and dignity, and contraiy to divers statutes in
Such case provided.
SantUi. How sayrst thou John Ballard, art
thou Guilty of these Treasons whereof thou
standest indicted, or not?
Ballard, That I practised the delivery of
the queen of Scots, I am Guilty ; and that I
went about to alter the Religion, I am Guilty;
but that I intended to slay her majesty, I am
hot Guilty.
Sandet. Answer directly, art thou Guilty
according to the purport of Uie Indictment ?
Ballard, I answer as my case is.
C. J. Anderson. Either deny the Indictment
generally, or confess it generally.
llatton, Ballard, under thine own hand are
all things confessed ; therefore now it is much
vanity to stand vain -gloriously in denying it.
Bmurd, Then, sir, 1 confess I am <.Tuiliy,
Sandes. Ilnw s:iyest ihoii, Anihony Babiuu:-
ton, art thou Guilty of the Treasons contained
in the Indictment ?
Babington. Then began Bubington with a
mild countenance, a sober tfcstnre, and a won-
deiful good grace, to declare the beginnings and
proceedings of his Treascjns, which was Jicconl-
ing as he was indicted, and according to Savage's
Conftj'ti^ion, and Ballard's lndict:iicnt. In the
end he laid all the blame upon Ballard, for
bringing him to his destruction.
Hutton. A very fit author fur so bad a fact !
Bubinfiton, Very tnic, bir, Inr from so bad
a ground never proceeds any better fruits ; he
was he that persuaded mo to kill the qut en, and
to commit the other Treasons, whereof now I
confess myself Guilty.
Sandis. How savest thou, John Savnec, art
thou Guilty of the Treasons contained in the
Jndktmeatf
\
Savage, I am Guilty.
Stindes. How suyest thou, Robert Bamewell,
art thou Guilty ? 6:c.
Barnemell, I ne^cr intended haRb to her
majesty's person, but I confess I knew thereof,
and I held it not lawful to kill the queen : how-
beit, for ray otiief actions, forasmuch as I know
I am within the danger of the law, I plead
Guilty.
Sandes. How sayest thou, Chidiock Titch-
bourne, art thou Guilty f &c.
Titchboufne. That I knew of these Tressons
and concealed them, I must confess that I am
Guilty; but unto the rest, I am not Guilty.
Sondes. You must either answer Guilty, or
not Guilty.
Titchbmrne, What I am guilty of, I plead
Guilty, and I will confess no more.
Hat ton. Then you may plead not Guilty.
Titchbcurne, Then, sir, 1 say, that I am not
Guilty.
Hutton. Very well, stay then till we htre
asked as much of Salisbury and Donn, and then
you shall bt tried.
Sttnde%. How toyest thou, IIeni*y Dono, srt
thou Guilty P &c.
Dtmn. When I was mored, and madcprirr
to these Treasons, I always said that I prsjvd
unto God, that that might be done, which wsi
to his honour and ^lory.
llatton. Tlien it was thus, that they vA
the queen should be killed, and thou sudir,
God's will be done.
Donn, Yea, Sir.
Hutton. O wretch, wretch ! thy conidenGe
and own confession shew that thou art Gfliltr.
Donn, Well, sir, then I confess I am Guilty.
Sandes. How sayest tliou, Thomas Salisbuiy,
art thou Guilty ?
Salisbury. Tor killing of the queen's ma-
jesty, 1 protest I always said I would not do it
for a kingdom.
Sandes. You are indicted, that you prac-
tised the delivery of the queen of Scots, the in-
vasion of this land with foreign forces, and ot*
stirring up rebellion and sedition in this reals;
are you Guilty of that ?
Salisbury. Then I am Guilty of that I sUDd
indicted of.
Satidcs. Chidiock Titchbourne, thoo hist
pleaded not Guilty, how wilt thou be tried ?
Titchbourne. 1 beseech you, my lords, gi^
me leave to speak.
Hat ton. Say what you will.
Tifckbourne. I thank your honoori: Mt
good lords, in the beginning of this broil I had
sent for my horses to ride into the countrr;
and the occasion of my lunger abode in Lon-
d>>n, was for that 1 had a lame leg. Thea
what probability may it be, that I went n> W
the queen here hard by London ; when, had it
not been for my lame leg, I bad been in Haiop*
shire.
C. J. Anderson. Well then, if yoo plew
not Guilty, we will proceed to yonr Trial.
Sftndes. How sayest tbou, art thim Giiil?>
or not Guilty f
1157] STATE TRtAIi$> 28 Eliz. 15d0.— oiii oiKen, for High Trcamm. [1138
Titchboume, T will confess a truth, and
tbcn I uust confesis that I am Guilty.
Tbeo albeit nothing were to be done but
Judgment to j)e givvn ; yet for satisfying all
the people, her majeftty's learned Council gate
in snch Evidence, as would sufficiently pio\e
the Indictment ; First Sa\*age's own Confession
accordiog to his former Arraignment, how that
GifTord hearing them talk of services at
lUiemes, said, I know not wliut service you
mean. But what say you to such a service,
meaning the cutting of the throat ofthe queen
of England, and ofthe earl of Leicester P say-
ing, be should never do more good tliaii kill an
excomroonieatc person, and that to do the
tame were a far better service than to study
divinity. And GifTord said moreover, that if
Savage failed to do it, others should do it.
And how that Ballard going over into France
at Lent last, did meet with one Grateley, who
brought him to Charles Paggett, who told him
that the pope would reform the state here in
England ; ajid how that Barnardino de Men-
doza said the king of Spain bis master would
invade rliis realm. Ana that thereupon Bal-
lard slioold be sent into England to know
what friends they could make, and thereupon
Ballard took an oath to perform the same;
Slid how that he had in mind to move fiabing-
ton in that behalf before he came, and that he
came over about Whitsaotide last. And br^ak-
in^ the same with Babington, who^hereupon
aaid that the invasion would never come to ef-
fect during her majesty's life ; whereupon Bal-
lard said that would easily be removed, and
then made him privy to Savage*s practice : and
chat thereupon Ballard sent to bavage to speak
^vith him on Lambelh bide, and there told Savage
efHabingtou's practice, aud brought l^im to Bu-
iMDgton, wIh) was not friends with Savage be-
fore. Then Ballard went into the North to
iolicit the people, and at his coming up, said
he had made 500 sure more than he knew of
before. Furthermore, it was declared ilrnt
dMring Ballard's abode in the North, Babington
did write Letters to the Queen of Scots; a true
copy of which letters written witli Babingtoo's
uwu hand were read in the court: wherein he
began, *' Most high and mighty princess, his
true and sovereign liege, to whom alone he
oweth fidelity ; declaring how, he was her ser-
Tant, and that he studied 'to devise her one
good day's service ; and how himself with
ten gentlemen, and an 100 horse, would
work her delivery from the custody wherein
she was, being m the guard of a Puritan
knight, a mere Leiccstrian. And how tluit
lie bad appointed six nuble gentlemen for
dispatch of the wicked competitor, declining
also at large the remainder ot his treasons, and
what means he had iuvented to cumpat»s the
same.'' Aud tlien Buliard returned from the
North; and before it was determined that
Savaga should have gone to the North, hat he
could not go, liecause he had sn-orn to kill tlie
queen. And therefore uhrn Babington had
devised that si.\ should kill the quet.'ii^ .^a\a(:c
VOL, I.
would not agree, except himself were one : and
how in the mean season, Ballard on I'hursd&y
the 4th of August, about 11 of the clock, was
applV^hended. Then Babington went to Titch-
burnc's lodging, where not hading him, he went
to a barber's without BisiiO|)sgate, wht re were
his own, Titchboume's and Savage's pictures ;
and on Babiogton's picture was writtrn, * Hi
mild sunt Comitet, qu9s ipsa prricula juhgunt*
But then misliking that, was wriiten ; * Quorsum
hax alio properantibus* — Then Babington went
to Smithfield, and there walked with Titdi-
burne, and there said unto liim, I had rather
than. 500/. thy lag were whole, for then this
matter should be dispaiched. AUo Salisbury
confessed how Babington^ Titchhourne, and
he had communicatioa as concerning the sack-
ing ofthe city of London. Also it was proved
by their Confession, how thnt to provide them-
selves of money for this practice, thoy had de-
vised to rob till the richest men in England,
aud to bei tiie on the !>hips (although Babington
mislikcd to fire the ships\ and to cloy all the
great ordnance. And all the indictment was
sufficiently and most plainly proved by their
Confessions, accordingly as they were intended.
Sondes. John Ballard, tliou hast been in-
dicted of High-Treason, and thereupon ar-
raigned, and hast pleaded Guilty ; what hast
th(m to say for thyself, wherefore Judgment
and Execution of Death should not be given
against thee ?
Ballardf-^iptike something, but not to any
eflfect.
SutiJeSy — demanded of Babington in like
manner.
Babington, Who said he was Guilty ofthe
Treasons, according ro his Confession, for kill-
ing of the queen^ and the rest, by Ballard's per*
ftua.^ion.
Hatton, O Ballard, Ballard, what hast thou
done? A sort of brave youths otiierwise en-*
du(:d with good gifts, by thy inducement hast
thou brought to tlieir' utter destruction and
cgnfusion.
Babington. Yea, I protest before I inet
with this Ballard, I never meant nor intended
for to kill the queen ; but by his persuasions I
was induced to believe that slic wns excom-
municate, and therefore lawful to municr her.
Ballard. Yea, Mr. B<ibington, lay all the
blame upon me, but I wish the shedding of my
blood might be the saving of your life : howhcit,
say what you will, I will say no more.
Hatton. Nay, Ballard, yon nmst say moro
and shall say more, tor yon niusit not coniuiir
IJigh-Treasons and then huddle them up; hut is
this thy TUligio Catholica f Nay rathtT, it is
DiuhoUca.
Sandes. John 'Savage, thou hast been in-
dicted of Hij;h-Trea>on,\'c. (ut sup. to Ballard.)
Savage answc^^ed nothing, ncitlier did Titch-
boume, being deniandcil in liki* i<ort also.
So Sandes demanded of Uobcii n.\)n\vcll in
like manner.
Barneireft. rorasinnrh ns 1 lun e oH'i'nde'l
against the law, i am cunu-iitod to sii.r.r pu*
4 0
llSg} STATE TEIAI3, 2eE1.11. ISSO^^pTOcetdmgittgainttAnlKonyBMHgUit. [UVt
niihment according to the iaw ; howbeit, 1 here tu marder the quMn's most ezcellent bkjmt ;
protest what i linve done, wis only tor m^ secondly, To bring mforei)cii inTauoDf tninilj,
" " nce->ake, neither did I ever in tend vio- To deliver the queen of Scots, and mike Mr
leuce lo her in!ye>tj''s perton. queen; fourthly. To sack the city of 1.
Hattoa. 0 Baiiienell, Barnewell, didit not fifthly, To rob and destroy ftll the veahhy tub^
thou ojme to Richmond, and when her niHJetly jects of ihii realm; aiithljr. To ki!l dircnoT
walked abroad, didst not thou there view lier the Privj Council, as the etui of Leiceuer, the
Mid ell her company, irhiil ncHpaas they had. Lord Treasurer, Mr. Secretary, sir Ralph Swl-
how she walked nione ? and didat traveiie the ler, sir Amiai Pauletl; seventhly. To set fir*
eround, and thereupon camiag back to Lea- on alt the queen's ships ; cJEhthlj, To doy aU
Son, didst mike rehiiion to Bubingtun, bow It ihe great Urdiinnce; ninthly and butly, To
was a most easy matter to kill her majesly, and subvert religioTi,nnd (be whole state of govern-
what [liou hadst seen and doike at the court i meut. The inveutera and beginners whereof
yes, I know thou didst so: how cnnit thou tlien were these devilish priests and seminariet,
say, that thou never didst intend to lay violent ngninsE whom he doubted ihe parliament haj
hands on her majesty i Nay, I can assure tliee not yet lulEciencly provided, who, now-a-davi,
moreuver, and it is most true which I say, that do not go about to seduce the anlient and <us-
.her mnjesly did know that thou didst come to creet men, for they (as tlie priests say) be uw
that end, and she did see and mark thee how cold ; but they assail, with tfaeir perMaiiou,
thou didst view her uud her company ; but liad tlie younger tort, and of Chose, tbe moit ript
it been knoivii to some there, as well as unto Hits, whose high hearts aud ambitious nindi
her, thou hud iiiever brought ne^-s to Bubing- do carnr them headlong to all wickedness. In
Inn. Such is the laiignaniniity of onr sove- the end, he concluded with remorse for the
reign, which God grant be not over-much, in youth of some of these unhappy men, and with
out fearing such Trniiors as titou art. detestation of tbe (iicts of Ballard ; and alsa
Bamncdl. What, i did was only for my shewed forth a notable proof of the falsebood
conscience- sake, and not for any malice, or of these lying paprst^, which wasa book printed
hatred to her majesty's person, at Rome, and made by the papists, wherclB
llulton. Then wuuldst thou have killed the they altirm, That the English Catholic* wbidi
queen ror[con science. Ffeonsuch acoiiscience ! suSer fur religion, be lapped in bear-skins, and
Sondes. Henry Donn, iliou hust been in- baled to death with dogs;
dieted of High-lrensnn, &a. ul ^prs to Bal- lie, und manifest falsehood.
Jard ; What canst thou say for thyself where- Tlien spake my lord Andenon to the lit*
fere Judgment and Exacutiun of Death should effect, almost in every point, in abliorring dw
sot be pronounced against tbec? abomiaation of the Jesuits and Seminaries;
Donn. What I have done herein, was for and in the end concluded with an £ibartaliaa
tny religion and conscience sake; and since for the health of tlieir souls; aodlastofallpio-
it is counted treason, I must abide tlu; punish- nounced the Sentence of their Condemoation.
went, and Uierefore Fiatvolunia, Dei. j^, BaUngtm', Letter (0 Ike QuaE» tfilr
Sandu. Rihsbury, Wlmt canst thou wy ^^ Conrfw.w.lwii, ,ent from tht To««r «J
wheretore judgment, &c. Mivered by hi. Wife.*
Sulubury. I beseech her majesty 9 most „ ,, . _ ., ■ ■ ,.
mercifal I'ardon for mv offence. " Most gracious Sovereign ; If ctherbjiw
Then Mr. Attorney "began to declare at large t««s, a pensive con inte heart and doleftJ
the ™,r of their Treaions: How they had con- "Ehs of a wretched smner. might work aaj
ipircd her majcstvs Death, and to make tl.c P'^J '" J°"/ T'^"' ''««*'' ^ "oold wniig o<it
queen of Scots .jueenuf England; and if per- '""" ".? ^"'""^ *?" " much blood as id
adventure she il>iscarA:d in these liurliburiies bewraymg my dryery-tragedy shoald lameat
«s to he slain, llien «ou!d they set up the king "y ^^' ?"<< ""•e"''"- "" A""}'*, move yon W
ofScols,ifhewereaCatholic; ifhe were not compassion; hut since there is no proporuoa
. Catholic, then would ihey enforce the king between the qu.liiy of my crime .nd any hu-
ofSpain to tak* th<: crown and set it on his m?"^ consideration, shew, sweet queen, soor
head, and derive him a title from the house of """'^'* °" " '*"^"='' l '« heth prosU-ate iny«it
Clarence. But because tlial title woald be but P"""!" T'- S^'e'T'sly bewailing his oSeiw,
.lender, the pope slwuld dispense, and so make »"<! ""plonxg ««:»' ct>mfort at your anomted
it dear without question, furthermore he de- '""''l'," '^^ P""' ""'j ' ""'f""""* dot b beg,
dared, how priest, continually had heea ihe mj child s.nnocency doih crave, my goiMM
heginiH-igofSu the trcusons committed ngainst ['"■"ly doth wi»h, and my heinous trMdm
he? majesty; lie began at the rebellion 5 the lea« deserve So slall your divme mercy maka
North, and so proceeded till the Treasons of 3""' gl''T. "hnie far above all pnficM, as my
Throckmorton and Fnrry. and so ended. •""" ''"'"^'^ practices are most defestaM*
Tl«» l>e-4an Sir ChrUlopher Hatton, and ""'onpt your b«t subject^, -witb »bamdM
made an cx«llen. good ^ptich, in opening and ?,"" j;"? '«"! ^-ve and """PP'!? g°r«t.;lb<««*
Mtting forth their Treasons, and liiw thty all "^ Mercy-Master t» grant tor h.s sw*et SoaT.
prt>ceeded from the wicked priests the mi- wt* J«"?Chnst. Your majesty sunfortaaate
Sister Of the pope. And first ite shewed. Ho* because disloyal subject. A.T.Baa.WTtw.-
thesc wicked and devilisli joiitbs had coiujiired * US. Bib. Uaii. 787) p. H.
1141] STATE TRIALS, 28 Eliz. \5S6.^JVial of Edward Ahington, 8^e. [UMt
63. The Trial of Edward Abington, Charles Tilxey, Edward
Jones, John Travers, John Charnock, Jerobie Bellamy,
and Robert-Gage, at Westminster, for High Treason : 28 Ei.iz.
13th of September, a, d. 1586.
On Tbursdiy th« 15th of September, the
Coflamissionen came, and the cryer commanded
silence, and the Lieo tenant of the Tower was
commanded to bring forth the Prisoners, which
were Edward Abington, Charles Tibiej, and
Edward Jones, esquires ; John Travers, John
Charnock, Jerome Bellamy and Robert Gage,
gentlemen ; and Elizabeth Bellamy, widow.
All which the lieutenant of the Tower had
ready at the bar, and there informed the Court,
the woman's name was Catharine and not
Elizabeth : whereupon the Lieutenant was
commanded to take her from the bar, and
bring her to some other place. Whereupon
Sandes, Clerk of the Crown, began in sort en-
suing ; Edward Abington, Charles Tilney, Ed-
ward Jones, John Travers, John Chamock,
Jerome Bellamy and Robert Gage, hold up
jour hands : which being done, he proceedeci.
Clerk of' the Crown. Before this time ye
were indicted, that where Bernardyne de Men-
doza, a Spaniard, Charles Paget and John Bal-
lard, the 2d day of April, in the 28Ui year of
fhe reign of our sovereign lady the queen's
majesty, that now is, at Paris in France, did
confer in what place this realm of England
most aptly might do iny^aded, and what aid and
assistance might be procured for the same, and
bow and by what ways and means Mary
queen of Scots might be delivered from the
custody wherein she was. And that thereupon
it was resolved by the counsel of Morgan, a
most notorious Traitor, that the said Bollard
should pass into this realm of England to
understand what help might be procured, and
to prepare ports to land tlie enemies, for to in-
Tade the realm, and to prepare ways and
means how Mary queen of Scots might be de-
li\'ered ; and thereupon the said John Ballard,
coming into England, you the said Edward
Abington, Charles Tilney, Edward Jones and
John Travers, together with Anthony Babing-
ton, John Ballard, John Savage, Henry Donn,
Thomas SsUibbury, Chidiock Titchboumc and
Robert Barnewell, as fahe Traitors, the 8th
day of June, in the 28th year of tlie reign of
our sovereign lad^ the queen's majesty that
now is, at St. Giles's in the Fields, m the
county of Middlesex, did conspire the queen's
most excellent majesty, not only from her
crown and dignity to depose, but also her to
kill and slay, and to stir up Sedition and Re-
bellion in the realm, and slaughter among the
subjects for to make, and the government and
religion to subvert, and the whole estate for to
destroy, and divers strangers, her majesty's
enemies, to invade the realm, did procure and
stir up. And afterwards, the tweluli day of
June, in the year aforesaid, thou the said
Charles Tilhey and Anthony Babington,
Robert Baniewell, and Cliidiock Titchhourne,
went to St. Giles's aforesaid, to confer by what
ways and means your traitorous compassed
imaginations might be brouglit to pass ; and
there, the same day, had speech, and did con-
fer how your Treasons might be performed :
And on the said l^tli day of June, in the year
aforesaid, at St. Giles's aforesaid, did conclude,
that thou tlie said Charles Tilney, and Robert
Bamewell, and Chidiock Titchboume, would,
kill the queen, and aid the foreign enemies
that should invade tiie reahn ; ana that thou
Edward Jones, with Thomas Salbbury, to per-
form your traitorous imaginations, the 13th day
of June, in the 28th year aforesaid, went to St.
Giles's aforesaid, to confer how your traitorous
compassed imaginations might be brought to
pass. And thereupon thou the said Edward
Jones, with the said Thomas Salisbury, the
15th day of June, io the year aforesaid, at St.
Giles's aforesaid, did conclude and agree
traitoroflsly to join with the said Thomas Salis-
bury, for the delivery of the said Mary queen
of Scots, and for to aid and assist the foreign
enemies which should invade this realm : And
that thou the said John Travers, to ful51 thy
traitorous compassed imaginations, the 15th
day of June, in the 28th year aforesaid, trai-
torously didst go to Clerkenwell, within the
county of Middlesex, to confer by what means
your treasons might be brought to pa&s : And
the same 15th day of June, at Clerkenwell
aforesaid, in the county aforesaid, had speech,
and did confer how your traitorous compassed
imaginations might be brouglit to pass. And
the 16th of June at Clerkenwell aforesaid, in
the county aforesaid, didst appoint and con-
clude, with the<taid Thomas Salisbury, to join
with him for the delivery of Mary queen of
Scots, and in aiding and assisting the foreign
enemies which should invade this realm. And
further, that tliou John Charnock, with Thomas
Gerrard knight, John Ballard and Anthony
Babington, the 27th of July, at St. Gilcs^
aforesaid, in the county aforesaid, didst con-
spire the queen's most excellent majesty, not
only from her crown and dignity to depose,
but also her to murder and slay, and to make
sedition and rel>ellion, and slaugliier of her
majesty's subjects, and the true and ciiristiau
religion to subvert, and the whole estate and
government to alter. And tliat thou John
Charnock traitorously didst go to Southampton
House in ilolb<iuni, within tlie said county of
Middlesex, the last day of July ; and the
same last day didbt confer there with John
Ballard, 1m)w your traitofous compassed ima-
ginntiuns might be brought to pass.; «H *>
1143] STATE TRIALS, 28 Eliz. 1 5S6.-^Tnal qf Edxiard Akingim,
[1144
upon, the 12d day of August at Suuthampton
lioiise in Ilolbourn aCoresaid, didst conclude
nnd ai^iee to do (he beht thou couldst for per-
fonii'.iucc oftiie'lreabous ar'orffeai.l. And that
tliuu Jerome Iklhmiy and Rolipri (iage, know-
ing that the said Anthony Iiahin<;to:)y Robert
Barne^yeIl aiHi iieiiry Donn, liad coniroittt'd
High-Ti'en>on <it lluruw on tiie Hill, in the
county ollVIiddleseXf did receive and aid tUem,
contrary lo yuur nile^iance you owe to our
sovcreiiin iady the queen, her ciown and dig-
uity, and contrary to di\ers statutes in buch
case provi(ied. How hayest tliou, Kdward
Abin&'on, art ihon Guiltv of the Treasons
wheieot ihon standest indicted, or not Guilty ?
Abiiifftoit, Not Guilty.
Sondes, lli)\v wilt thou be tried?
Ahin^ton, By God and my gotid country.
Sundci. Thou niubt say, iiy Gud and my
country.
Af'ingtun. Yea Sir, by God and my country.
6'tvN(/(-«. How •'avbt thou, Charles Tilney,
nrt thou Guilty, &c. ?
Tilney, In uo sort Guilty, no more Guilty
than yiiu arc.
Satr/fi, Answer me directly, art thou
Gni!iy or not Gciilry ^
Tihnj'. No Sir, J am not Guilty; and that
I am i(..idy to nn«^-.^c^ ami prove.
Si:r. 'U i. J Low \\ lit thou oe tried ?
Tiiiicti. Bv (iod and honcbt men. •
Jlation. What answers arc these? Abins-
ton sny-j, By (^od nnd my good country ; and
tiiou ^^avst, Bv Ciod and honest men. Thou
must say, By Gud and n»y country.
Ttlntj/. Yea Sir, so 1 aay.
In like manner, Jcnics, Travcrs, Charnock,
Bellamy, antl (jage pleaded Nut Guilty.
Thei<.iM)on was an Inquest of Middlesex
called, V. hf) appeared at the Bar, and their
Names ucre, I'd. Martin, Wm. FleeiwiKid,
Jasper Cholmeley, Wm. Kempton, RobtTt
J/}shcnnl John Barnes, csqrs. John Hill, Rub.
M'ood, 'llio. Har;;r;tvr, Tho. (lark, John
ChiiivkcUett and Joim Draper, gentlemen.
Then said Sandcs to the rrib(mci'b, Have vun
aov (IhallcUKe ?
Tiificj/, No, not I ; for I know them not.
^InJinon. Lieutenant ot' the Tower, take
away Gage and Btllamy to some other phu:e
out of the hearing of the court.
So the Lieutenant did.
Abikcton's TRr\r..
Then said Ahingtca, 1 bcseeuh ynur honours
I may have a p;'ir of wiitlng-fable.«> lo set down
what is all'.d^ed a;;:!in'«t nir, thai I may \itld a
^utlicient /u.irter ilicri-nnto.
Suiidts. ir \va> ntver the course liere.
Half on. When \on hear anv thin;; von arc
dcsiiniis to nnsvncr, you shall speak an Answer
at full, whicli is litter than a pair of tables.
Serj. Fuckering, \\ ell .Sir, then will we give
Kvidence. And iirsr, because it ialls out that,
Abint'ton and Tilney were acquainted with
Savage's Conspiracy, we will bhcw a little tlint
wliich yesterday was opened at full ; and ib«r^
fore, by Ballard's Confession, this summer was
twelvvmonth, Ballard went into Scotland to
understand of tlie willingness of the people, and
Tilney otfered to go with him.
Tilnrj/. Yea Sir, so I did : What can you
prove by that ?
Fuckering, Soft, I will tell you when I conir
to give Kvidence against you. After Christ-
mas, Ballard went into the North, and after-
wards had speech with Tilney to go o\er be-
yond the seas, and Tilney agreed and was con-
tented. Ibllard went over and sent letters to
Tilney, desiring to slay till Ballard came over
back,' and he would tell him more. When
Ballard cumeover, Tilney was acquainted with
Savage's purpose, and Abington too : But
then BjUard fell acquainted with Babiugton,
and so ca:ne a greater conspiracy. And
Abinpton put forth a proposition to surprise
the quc-en*, and Tihuy was privy : And it it
under B dnngion's hand, that Tilney, Tich-
bourne, Barncwell and .Savage undertook to
kill the queen. Jones, at Lfuidim, talked with
Salisbury, and stayed for him, and was jnivy to
a writiiig that was sent (in- Salisbury's appre-
hension. And Jones repaired unto Salisbury
at uiid night, bcmt; i.i Jones's bouse, nnd told
him, 1 hat he had undone ihciii all, and lent
him his own horse, and his man's cloak.
Charn«)ck, the same day that Bullard ws$
taken, was moved by Babingtun to be one of
the six to kill the queen; aud he assented, and
afterwards lent Babiugton apparel to fly io.
Whereupon was Ballard's contcssifkn read,
which was, that he confe*$bed, That lie confei-
rcd with Pa^iet about the state of our country;
and that Bal!ard said, It is now more easy to
invade the reulin than l>erore, because the ead
of Leierstcr, wifi the be>t of our captains, werf
in riaiiders : and that they two talked with
MtMidozn ; who asked them,, what armed men
tlicy roulcl in.«ke, and what ports they could
yield to tl e invader? tor to land in ; and Men-
do/a told liiein, itis ma-^ter hud a greater prepa-
ration than ever he had by sea, but lie kue»
not for what matter ; but he s;iid, lie cared
not wfiether they ha\e any help of tbeni or no :
but said, If you will not assist us liereiii, we
will be as conciuerors when we come, and use
him aUu like enemies. For when it came to the
brunt, thty always shrunk, only he hud a great
care tor the delivery of the queen of Scots, and
bO sent Ballard into England ; and said. His
master, the king of Spain, had vowed to lose
his crown, and the pope his life, hut they would
convert Kngland, and deliver tlie queen of
.^cots. At'ccr Bullard arrived, he talked with
Babington, and he seemed willing: Also be
confesseih the killing of the queen.
Attorney, (>ir John Popliain). Edward
Abing'on, upon his Kxaminatuir., denicth he
knew Ballard ; whicl^ we will prove to be
false: Therefore read first his Denial, which
was, 1 hat he denied tlie surprising of her ma-
jesty ; he deuietb the knowledge of Ballard*
Fortescue, or Brown ; he deoietb ihc deliveiy
of liie queen of Scoti ; and bciog told, Uiailbi
Ili5} STATE TRIALS, 23 Euz. l5%6.^--UHdoihers,MHigh'ntiUon. [lUty
Frenchmen would invade this land, be said,
He would spend his life in her majesty's de-
fence: He confeseeth, that on Sondaj was
seveonighty he and his brother lay on a hay-
mow.
Solicitor^ (sir Thomas Egertcm). Whoso, is
guiltless wUi speak truly and directly, but the
counterfeit must ^ak untruths. Thereupon'
was another Examination of his read, which
was, That Ballard Being brought to his face,
said, That Balkird was not with him since
Whitsuntide ; but he confesseth, he knew him
some years ago at Chertsey, Abiogton's brother
confesseth, that Ballard was 'twice at Edward
Abington*s lodging at Cbaring-Crose; and at
one of the times his brother Ballard talked
secretly in one end of the chamber : And Bal-
lard was first acquainted with Thomas Abing-
ton at Rbcims ; and Ballard saith. That he
made Edward Babington acquainted with these
treasons, and he gave his consent. And Ba-
bington saith, that Abington moved first the
surprize of the queen. Then was read the
Confession of Babington, which was, that Ed-
ward Abington moved first the surprize of the
queen to some strong place, and there to move
her for reformation or toleration of religion.
Tilney confesseth. That at the Thre6 Tuns in
Newgate- market, Babington moved a proposi-
tion lor removing of the Lord-Treasurer and
Mr. Secretary ; and that Abington spake broad
speeches concerning that matter ; and that
Tilney did reprove him for the same.
TUn4y. I deny it^ I never said so.
Puckering, Here is your own liand, and
read it.
Ttlney. It is mine own hand, but what did
I mean ? When I said concerning that matter,
I must interpret mine own meaning, I meant
to speak broad words concerning religion.
Attorney, Then belike you reproved Abing-
ton for religion ?
Tilnej/, Yea, I reproved him for speaking
broad words concerning religion.
Attorney, What roatte%did you talk of then
but Treason ? It is well the Jury doth bear
jour answers.
C. B. Manwood, Tilney, you are too hot,
this Evidence is against Abington, you shall
answer yourself wb^n it comes to you.
Solicitor. Tilney confesseth that there was
speech between him and Abington concerning
a surprize of the queen ; and that Abington
said, ne would ride to Thomas Salisbury, in to
the country.
Then said the Queen's Attorney unto the
Jury, You perceive how that Abington is found
false for his acquaintance with Ballard. — ^Then
was read Babington's Confession, that Abing-
ton and Tilney were disposed to kill the queen.
Attorney, Salisbury confesseth, that Abtng-'
toa desired him to make haste to his country;
and said, He understood by Babington of cer-
tain matters, and that he would come to Salis-
bury's coontry for things to be done shortly.
SoUcitar, He confesseth himself, that he
privy uito it, and conccated it.
Then was read Babingtoa's Confession befors
the lords, which was. That when certain Semi-
naries in Bome came to take laave of the pope^
and to kiss- his foot, the pope asked what they
were; and it was XjM lum, that they were
Englishmen, which went to spend their lives
for refbrraatioD of religion in their country.
The pope said, it *was a good slow way ; but
said, that he would make a bridge over that
ditch into England ere it were long. Also ha
confesseth, That ha and Babington heard Ed'
ward Abio^n use speech td the same effect.
So you hear how Babington sets down
Abincton to be one of the six to kill the queen.
Also nere is Ballard's own hand, that Babing-
ton appointed six to kill the queen, Abington,
Titchbourne, Tihiey, and others.
Abington, It is very well, if I be at Babing-
ton's commandment ; I protest I never knew
thereof.
Solicitor, Here is Babington's Letter to
the queen of Scots, which proveth you to ba
one.
The Letter was read ; among other, this Sen*
tence was in : There be six noble gentlemen
which have undertaken tba tragical Execution^
meanipg tlie murdering of the queen of Eng-
land, omy it resteth, that their attempt be ho-
nourably rewarded.
Abington, I protect befisre heaven and
earth, as I am a true Christian, I never kuew
thereof.
The Letter went further, and contained this;*
All the agtors have vowed, either to die, or
else to perform their purpose.
Abington. This is Babington's brag, to get
credit with the queen of Scots.
Attorney, ^We will prove, Abington, that
thou didst provide armour of proof too for
your brother and yourself, and one for another
person.
Then was Foster's Examination, an ar-
mourer in Holborn, read, which proved so much
directly.
Attomty, to Hatton. Mr. Vice- Chamber-
lain, you desired Abington to set down the
truth of these things, thereupon he set down a
ipreat deal in writing, and yesterday he tore it
in a hundred pieces ; and here Mr. Lieutenant
of the Tower hath given me the pieces, and
here they be.
Hatton. Abington, you be very obstinate,
and seem indurate in these treasons.
Abingtor^, I will answer what is laid against
me : My first acquaintance was with Savage,
by reason that my brother and he were botk
of Bemard's-Inn, and by him cama I acquaint-
ed with Savage, who talking with nie, fae tali
mc of a Book wriuen at RbaBM% whieli JD-
veighed against the earl of
Throckmorton and Parry, for that tiKjr
ed violence against her mEifestf't i
Book I liked ; yea, hut,
but fi>r a colour. Then be tali aa. Oitt it
written but for to
England, and maka
when ia very dead thtf
1U7] STATE TRIALS, 28Eliz. IbSO.^Trialqf Edward AbingUm, [U4S
thing more than the marder of the queen 'of
England. Then I answered, He that allows of
Parry's actions, savours not of divinity. And
this I protest is troe. For Ballard's acquaint-
ance, true it is, he came unto my chamber,
and I knew him not ; arid then he told me, he
bad seen me four years ago at Chertsey. So
then I asked, What news f And he told me of
an invasion intended against this country.
Whereunto I gave such cold Answers, and
such cold entertainment, as I never saw him
since. For my doings with Babington, his
lodging was risbt in my way to go from Charing-
Cross, through the fields to London ; and true
it is, he made me privy to his treasons, and
that I concealed them : and when he told me
strangers would invade this realm to reform
religion, I protested to Babington, I had rather
be drawn to Tyburn by the heels for my re-
ligion than to have it reformed by strangers.
And for Babington's Accusation, what force
can it be of ? for he having committed and
confessed Treason in the hiost high degree,
there was no hope for him but to accuse.
Haiton, For Babington 's hope thereof, I
am persuaded he hath no hope at all ; and my
lords here can assure there is no hope at nil of
his life : but he confessed what he knew for
discharge of his conscience ; and what he did,
he did it willingly and voluntarily : for had not
Babington voluntarily named Abington, who
could have named Abington ? And had he not
also willingly accused Tiuiey, who could have
accused Tilney ?
Abington. VVell then, Sir, to you my lords
tlic Judges I do now speak : There is a statute
in t\\e first and thirteenth of this queen made.
That who shall conspire, &c. it shall be Trea-
son, &c. provided, that he shall have two law-
ful witnesses, face to face, to avow it, &c.
Now may it please your honours to have two
lawful witnesses, to tcstity against mc. As
for Babington, what witness can he he, a
condemned man, Suvage a condemned man
also, and Ballard a condemned man like-
wise ? So then tliere is no witness against me ;
but I stand not upon this point, I stand upon
mine own not guiltiness. Furthermore, it is
not proved that Babington and I would be
one to kill the queen, but that he had appoint-
ed me to be one ; and it is not proved that I
knew thereof: and that I said to Salisbury,
I would come into the country to understand
of things to be done, I protest I remember
not ; for what needed any coming into the
country to understand, when as Salisbury and
Babington did ride to St. Albans in Babington *s
coach ?
C. B. Mawnood. You answer by arguments,
and not by answers.
Abington, If it be true, that they rode to-
gether, as it is most true, what needed those
speeches ?
C. B. Manwood, That only answereth that
Babington might confer ; but it doth not
answer, that you needed not to go into the
countiy to understand of things to be done, for
^ou rode aot io (he coach with ihem.
Abington, I protest before God, I reraem-
ber not that ever I said so.
C. B. Manwood, Let the Jbry oobsider of
this Answer.
Anderson, For answer to you, Abington^
for the point of the statute, true it it, had yoa '^
been indicted on the Statute of the Ist and
13th of this queen, two Witnesses ought to ^
have been produced ; but you stand indicted
by the common law, and the Statute of S5
£dw. 3, which is, who shalf intend the death of
the king, &c. and in that statute is not con-
tained any such proof.
Tilnetf, The statute of 95 £dw. 3 is, who
shall compass or imagine, &c.
Anderson, Very well, and not contained to
prove by witnesses, as you would have it.
Solicitor, See how they would acquit them-
selves ibr want of Witness ; and if it sbonld
be as they would have it, then could never any
Treason be sufficiently proved. The statute
of 1 £liz. is so, the Overt-Act must be
proved by two Witnesses ; but the statute of
25 Edw. 3 is. Who shall imagine : how tbeni
can that be proved by honest men, being a'y
secret cogitation which lieth in the minds of
traitors ? And such traitors will never reveal
their cogitations unto honest men, but unto
such as themselves, and they I hope be no
honest men ; so then they would have their
treasons never revealed.
Abington, For answer that I lay in a Hay*
mow, it is most true I was in Herefordshire,
when my house in Worcestershire was io
searching, add there I heard how my boose
was searched ; and coming to Worcestershire,
the country hearing of the horribleness of the
things wherewith I was charged, I knew none
would receive me nor entertain me ; and so I
was constrained to lie in a Hay-mow. And
i1)r preparing mine armour, I protest I had tbe
same in Shoe-Lane, and would have had it
ready against the going over of the earl of
Leicester ; and hearing him in Holbom to be'
commended for the* most singular man in
England in his trade, I sent to nim to have it
finished.
Then said the Attorney to the Jurr, Yon
have heard how Babington conflrsseth Abington
would be one to kill the queen, and you bars
heard his Answer thereunto.
Abington. If Babington ever moved it to
me, let me die for it.
Attorney, It is Bahington's own Confession,
that six, whereof Abington was one, were dis-
posed to kill the queen.
Abington. If ever I imagined, or any part
thought of the indictment which you have a)-
ledg^, I beseech God I sink as 1 stand in this
place.
Anderson. You had a seminary priest io
your house.
Abington, He was only with me, bat not in
mine house.
Hatton. Before Babington was taken, Bsl-
lard did voluntarily declare, tliat jos tw^
Abington and Tilney, were flispotcd to kill llM
qucep.
1149] STATE TRIALS, S8 Eliz. 1586.-— and others, for High TVeason. [1 150
Andenoii, The Jurj batb be«rd the iDdict-
ncDt aod your Anvweriy let them coiuider
thereof in their consciences
TilnAy's Trial.
First was read his Confession, wherein he
ienied BaUard*s acquaintance, and he denied
that ever he heard Ballard say, we should have
& new world shortly. Then was read Ballard's
Confession, which was. That before Christmas
last, Ballard did confesf Gage and Tilney at a
lu>use in Uolborn.
Tiinejf. I denied Ballard's acquaintance,
because, by the last statute, he is a Traitor,
uid not for my guilt or crime. And for that I
was confessed by him, it waft no otherwise than
ill the subjects of the realm of England were
Donfessed in the days of king Henry 7.
Solicitor, But now is the estate of this
realm quite other than it was in the days of
Eienry 7. For now the pope is the greatest
enemy her majesty hath, but it was not so
then.
Tilney, How know I the pope is her great-
est enemy ?
Hatton^ Know not you how he invaded the
realm of Ireland ?
Attorney, Know not you how be induced
Mary?
2t/lM^v• No, Sir, in my conscience wherein
I shall die, I never conspired any treason.
C. B. Manwood, Were not you sworn when
yon were made a pensioner ? How far different
is it to these actions, to be confessed, aod to
conceal Traitors ?
Tilney, Yea, Sir, but I was not then a
Catholic, but now I am ; for which I thank
God most heartily.
Puckering, Ihd not you say, if her majesty
irould forgive you this, you would never deul
more with any seminary priest ; but if there
were any old priest in England, you would
haTe him, if he were to be gotten tor money ?
Tilney. But what is this } This onI)r con-
cemeth my religion, which I was promised I
■boald not be charged withal.
Attorney.* No more you are for lands nor
|oods« tlijs is only an introdoction to the
Treason.
Then was read Tilnev's own Confession,
wherein he confessed (which also was given
in evidence against Abington) that Abington
laid. Why might not her majesty be as well
surprised as the queen of Scots ? Which words
be spake at the Three Tuns in Newgate-
market. He confessed, Ballard came to his
chambers in Westminster, in his withdrawing-
chamber (as it was termed), where Bullard told
him. Ho had provided a pension for Windsor in
France, and would do so for hini ; and told him
of an invasion intended against this realm : lie
confesseth, he would have gone to Scotland to
have lived there among the Catholics, «vhen
Ballard went thither; and said, that Windsor
made bim acouainted with Dallurd.
TUnof. Tnese things I confess, but yet it
13 no Treason to htar treason talked of by
others; as for myself, what presumptions may
there be if 1 should be guilty, being lier ma-
jesty's sworn servant, (whose luglmess God
grant long to reign) a young roan of small abi-
lity, neither in lands nor goods able to maka
any power at all ? For religion, I confess I am
a catholic, which I thank God for it, but that
I am not now to be charged withal. As for
Ballard's coming to me, I do confess it ; but it
was in such puluic manner, as no man in the
world could judge his coming for any such in-
tent as Treason : for he came openly in the
day-time, not in the night, and nevfr came
diseuised.
Solicitor. Tilney, you say true; he came
not disguised, but I will tell you how he came;
being a popish priest, he came in a grey cloak
laid on with gold lace, in velvet hose, a cut
sattin doublet, a fair hat o( the newest fashion,
the band being set with silver buttons ; a man
and a boy after him, and his name captain
Fortescue.
lilney, AH this concernetb my religion
only. I
Solicitor, You confess that yon were privy
to these Treasons ; then we will prove directly
that you did assent thereunto.
Then was read Ballard's Confession, wherein
Ballard thinketh that Tilney did assent to kill
the queen, for he saw him not dissent when he
told him these Treasons : likewise Tilney re-
quested him for some pension in France when
he came over.
Tilney. I stand upon the assent.
Solicitor, Ballarcl affirmeth it ; Babington
said tliat you Tilney were one of the six.
Tilney. Babington told him so ! That proves
that Babington forsooth will be a statesman,
when God knows he is a man of no gravity.
Solicitor, Abington's Confession is, that
Tilney and Abington were disposed to kill the
queen.
Puckering, Babington said yesterday at the
bar, that Tuney would have had her majesty
set upon in her coach.
Tilney. No, 1 said not so; only at the
Three Tuns in Newgate* market, I said it might
be her majesty might be set upon in her coach,
and 1 said no more. But that proves not 1
did consent.
Attorney. You have said enough, if we bad
no other evidence against you.
Tihiey. How so ?
Attorney. Because you have confessed
High Tretison.
Tilney. I tell you no, there is no such mat-
ter intended in my words.
C. B. Mttnwood, Your censure was your
assent, and your censure was to kill the queen
in her coach.
Hat ton. Your words prove that you were
concluded upon the matter, and were devising
en the manner.
Attorney, Babington and Ballard reckoned
Tilney for one of the six to kill the queen, as
by their confession appeareth.
Tilney. The first time that I knew Babm^-
1151] STAT£ TRIALS, 28 Elib. i 580.— TWc/ rf Edward AUi^im, [1 152
ton, was, that be canje to my chamber in
Westminster, to crave mine acquaintance; I
used him courteously, as appertained to a een-
tleman. The second time was at the Three
Tuns in Newgate-marker. And the third time
was in the fielcb, and I never saw him else : that
I should trust him in so high a matter for three
limes acquaintance, is altogether improbable.
As for Babington himself, albeit he be very
wise, yet is he altogether vain.*
Hatton, Babinglon declared all this volun-
tarily, for who could accuse Tilney before
Babmgton . named. Tiluey ?
Tilney. I will tell you how I meant my
words in Newgate-market. If it servant which
is faithful, knowing where his master's money
is, do say. If I would be a thief, I could rob
mj mabter, for in such a place his money is ;
this proves not that he would rob his master,
albeit he used such words. And so, altliough
I «said she might he set upon in her coach, it
proveth not that I assented to the same ; for I
protest before God, I never intended any
Treason in my life.
Anderson. But if a servant, knowing where
his master's money i^, dmong thieves which are
devising to take away the master's money, do
say, This way my master's money may be
taken, and be in view when it is taken ; f say
that lie is accessary. And you, Tilney, being
amongst traitors, that were (IcA'ising how to kill
her majesty, to shew by what means her mar
jesty might be slain, it manifestly pro«reth your
assent. Therefore let the Jury consider of their
Evidence.
Ttlnetf, Then snid THney unto the jury.
My very good friend)* aud countnrmen of the
Jury, forasmuch as I am charged highly to hare
ofleiidcd against the law, I am now to be tried
according to tlie law by you. Aud therefore
if you shall find this Evidence sufficient to
prove my guilt, you ought to find me Guilty ;
but if you see in your consciences that I ha\e
answered fully each objection laid unto my
charge, I charge you to find me not Guilty, as
you will answer me at the dreadfuf Day of
Judgment.
The Trial of Jonls.
First was read his I'onfession, That he said
to Jt>hn Travers at Jones's house in Denbigh-
shire, Salisbury hath brought us all to destruc-
tion. What remedy ? said Travers : it is then
time for us to be packing. But Jones lent
Salisbury liis horse to ride away with. Salis-
bury confessed he acquainted Jones with the
foreign invasion, and delivery of the queen of
Scots, desiring his aid, wliich he promised him
in Lincolns-Inn-FielHs : and liow that Salisbury
i^ upon Jones's relation uf Babington's ap-
prehension. Al^o Salisbury confessed that he
caused Jones to protest he would not discover
lliro. Jones saith m his Examination, that
SaUsbury never asked his absent, because be
always thought himself assured of him. Also
Jones said to Salisbury, What have yuu done ?
You have undone us all. This was the effect
of the Evidence which was given agaiast him.
Jones, For coDcealing of the Treason, I
pot me to her Majcst/o mertj ; I confess I
hastened Salisbury awav.
C. B. Manwood. Then you deny not but
that you horsed him awayr
Jones, Then said J,oncf to the Jsry, I con-
fess this, and put me to her majesty^ mercy ;
my case was hard and lamentable, either to
betray ray dearest fneed, whom I loved as my
ownseif; and to discover Thomas 6alitbuiy,
the best man in m? country, of whom I oniy
made choice ; or else to break mj allegiance
to my sovereign, and so undo myself Md my
posterity for ever. And this was my case.
Travebs's Abraigsiickt.
Salisbury confessed he acquainted John Tra-
vers with his Treasons, and that he consented
unto him. And Travers said unto him. be
would go beyond the seas with him. Sajisbory
confesseth he exacted no Oath of Jones and
Travers when he acquaiated them, bat that
they protested they would not discover hiiD«
Also it was proved that when Jones intended
to have gone to Ireland, now lately when it
was to have been inhabited.by the Eng^sboiea,
Travers asked him what he meant to go noir,
when his presence was necessary ; and said, if
Mr. Salisbury came home, be would surdj
stay him.
Then was read Culey's Confession, Thit
Travers and Salisbury fled, and Travers called
bis name Lacon, and Salisbury called his naint
Johnson, and that Culev would not changje bis
name, because he had chaneed it before.
Travers, I fled and cnanged my name,
because I was a Catholic, and -doubted to bt
troubled for my religion and conscience.
Solicitor, Nay, Travers, tliou didst fly for
Treason; for when Jones told you Salisbui|
had undone you all, thou saidst what remedy,
and that it was time to be packing; and joa
bad your chaplain with you^ Culey I mean.
Travers, If he be a priest, I honour bioi
for his priesthood. And he said little else, ti
one that seemed not to care what Evidence
came against him, but was resolute to be
hanged.
lie confessed nothing in his examination, bt
denied he had any speech with fiabingtoo,
saving salutations. lie confessed lie served io
the Spanish camp, and there was ac(|uainted
with Savage ; and it was proved against biiD«
that he said Savage's sudden bravery would
bcwrav all their matters.
Charxock's Trial.
Charnock. I confess that Ballard did makf
me acquainted with the invasion of tlie reaiio,
and the other Treasons, and thereupon I
sounded Savage, who answered he was not bii
own man, but said there was one in the coori
who should have done tlmt long since, and that
he wus a Morgan 'st.
Then was read Babington's Confession, that
Charnock promised him to be at his command-
ment, and Babington told him the queen ui
Scots liked of their actiona. And Ballaixl^
STATETRIALS, 68 Eliz. iSSC—mdotluri, for Hish Treason.
""N<Tl.:il
[lis*
Jli:il lie tu!d Clinnuiclc nt
y well, iiiid Kiid
roul
■ad.
J lie
<ll.C
tviu
Aiiil
thnt
kto
be
(■ llic
luge
lli»t
IJ,.1,J
gt..u
I till!
uction of
.111 «as llabiiiston's CnnlcsjLon read, «liieli
.-, Tliut lic^ lalk|[ig ill i'miri »illi Cltariiock
ii tttc Queen's ilL'rit1>,l.'li:i;n.R'lc pnniiiscil iiibe
disposed by liitu i.i ibis actiuii, am) thnt lie
ofTL-rcd to ipeiiil iii* lilV>, wlicrcin Bubiii);(on
tlioulcl direci iiuii, 'riini viaa rend Charunek's
own C'liiressi'.n, ulieri in liD coiife^-eil lie Ipiii
nppiirel to }i:iiiii!e lo tly in, nnd time lie fled
into riic wnods I'lim^tir.
.C'-ainork. Snviige and I were acituainted
when be nns of Bnrnartrs-riiii, nnd I of Funii-
Ta'VIni), and we iuitli Mirvt'd in (lie Spanish
oamp tu'^'Clier, nnd Savage bmu'glit me oc-
Suainicduiib liallurd. As iW^nvuge, becauiie
knew he w;«t an cxntllent soldier, & iiiun >kjl-
fu] in laiigun;>e!i, and leumcd hcsidei: uheu 1
■net biin h.re in Kngtand/l wns elad M reneu-
old aciiuuintaiire with liim. I'hat 1 iJiuuld
consent to Billiard ibe 2'l day of August, bte
(if you plenie). what )iri>bibilitT tbcrc is to ibu
coiitrurv: Fur on Ibe llli ul' August OalUrd
vat apprebciKlcd, and before hi» ngiprcbeiition
Bail:ird sent n lellcr to Mr. .Si'crelnrv, ul)eriiit!
(o diicoier nil; iiivsL-lf naa 'tli« bcn'tir bf tlie
Jellcr, and dclivtrei'l it to one «r Mr. Sccr.-tarv's
men: ubit like'iboud is it then, ili.c 1 kiiDU-
ing of this Ittltr after thnt Bitllard na* taken,
wuuld cunseiit li> tiiihingtoii to kill the
■joeen, or that I connenied lo Ballard tlie '.'d
of AufUst; ItnltarJ btiiie appri/ltciidcd llic 4ih
of Augu!it, and before tliat time had written
to ftEr. Strrewry, and iiiysilf was the inti-
Ilatlon. SavBiii' CMlfronUi! ibrc to thy fact,
and avouched iliisi- iMiig^ to thv micc.
Charnotk. V;i June h'-'av with iiiy friend,
I fulfilled the iinrt ul a Irieiid tlinrein.
Hat,
, iKr,
diil-it break thy idlcciaiKu
I thy frieiid>hip, tiiO
Chu,
,rk. Thtr
Anderu'i,. Y.m :( l
heard Illei^!«v,'^ahll.•,v^
Md cuii'iider tbcrnit'jii
Thtn tlie Jury, U)ii.ii
Antwen, went up t.i
tbcir Verdii;! ; nfd th.
ri hui-e I MiTiJidc'l
e Ini: I'ii
treiiiii.
The Tbial of Gaoe.
First, was givsn in F.videiieethat G:t)Kkne(r
Bidlird to be n pritst, and was reconciled, and
g'lvc Indging uiitu Bnll:ird, and ucicndeil Ual-
Inrd :t> his man when he went into llic r^'firlh
to^nivukc ihc people lu relielliqn : Also when
all ihe matter was disc<rrfred, he lent Snvage
a hofie li) fly to Croydon, and directed him to
one of Savage's father's men, who should help
him awnT : Also that he lent RnblngCon hit
apparel lu lly in. Then was sliencd forth liis
own confci^siuit, which was, that Ballurd told
hiin ne should have a new world shortly,
and thai hi- lodged Balhitd for his safety : Also
he conft'SSfd, that during his flight he lodged in
a barn: Also he c"nfes'cd that lie was recon-
ciled by Ballard. — Ahn Charnock's Confession
Mini read. That Gage borrowed npjmrel of him
to fly in.
Ihen Gage was asked by the Lord Chiet
Baron Mannood, Wherefore he fled iiUo tlw
Woods?
Onge stoutly and fiercely answered. For com-
Be[
•?Thi*i
He confessed that Ibe noise of the country
nni, (hat lliey (th;it i^ tosiiy Babington, Bume-
well anil Di'>nii) hud conspired the queen's
death, and how tlint nfter that he brought ihcm
meat into the wooils, and lod^d them In kti
house. Also Evidrnce u-as given, that on*
coining to 'Bellamy's house lo seek for ihe trni-
tors, telling him they conspired the que«n't
deaili, he denied lie knew whom thcj were;
whereas ul llic ^anie lime he had them in hi*
honsc. BtUainy sp^ike very little lur himself,
only he sicnied to be a very cloivnitli, blunt,
wilful and iibitinsite [tupisl.
Then this other .Fury went up to a hoo=e Iti
agree upon their \'erdit;t, and by that time n as
the first Jury Hjjreud, «bich come to llie bar;
Olid alderman Munin being t)ieir Foreman, ,
spake for ihcii), and saiil that ihey found all
tiic five pri-^ners f iuiliy ; and further, that
they km-w nut what hind", tencuienit, goods or
chiiltel* the priiuncrs had, t<cc. Su the Clerk
of tlu! t.Vnwn scl ilo*n tlie Vcriiict, sind dis-
..rtid
if lint
ith witstbc other Inqiiet nureed of
lhtir\'enhc',iin't f<>uuii(>s';ca:idi:i'lltiny uljo
(iuihy u! ilie Trcas m^ iJiey were nid:cied of.
Tlii..ii'ur!:-nii[;,llie<iHeeo'iiturjcnnt,crAvcd
Juduiuciil of lleaih a^.iinst the Prisancrs.
f<,-!ii':c>,. TLi'it siiid :^aiidc!>, ilie Clerk o( the
CV'nn: F.'l.var! Al.ington, titou hast been in-
di'":''-! oflJii-a 'i'rsaron, and tlicrei>p',n iirraign-
cd, nnd I.Hst plca<k'il njl Uuil'v, ih.y cjimLry
hiii'i foinid thee Guilty ;.wh;it liast ifiou to say
hy>>.lf, »i»-rafure Judi^meiit uod Ei.ciitloa
..fl)
,:ilil
I be "i
Then Bellamy and Gaec neie callrd to tin
bw, and u nen- inqneit wire calud iinil up
peared !\i the bar, and l^viden.c was givei
qpimt (tw two Frisooers in wrt enjuiug.
VObJ.
My pood lords, liithencc I have
- brrii tni-d bv llic Inn-, and nin found I luij^y of
i oiiincr a).'.iiusl ilie law, I nni c'j:il('nlc'i Co
I I'l.iWe ilut poniiliniciit due nn'o my euilt. The
Ilhougbt in th«i[ couscicucei the EvidaoM H^
'1155] STATE TRIALS, «8 Elix. \5SQ.— Trial qf Edviard Abingian, [ 1 15^
ficient to condemn me; howbeit, that brainless
• youth Babington, wliosc proud stomach and
ambitious mind incensing him to commit most
abominable Treasons, liath been the cause to
shed the blood of others guiltless in his actions.
But 1 cry not vengeance agaiubt him, for I am
contented to die, being condemned to die. Only
this one petition to you, my good lords, 1 make :
I have one sister, whose preferment also hath
miscarried ; wherefore if it might please her
majesty, with the revenues of my lands in some
sort to provide Im* her : If I live, I will endea-
vour to be thankful ; and if I die, I will pray
for her.
Thcu the Clerk of the Crown demanded the
Uke of Tilney; who said,
Tilmy. And I, my good lords, am able to
say nothing in deferring of my Judgment. This
humble suit must I make to your honours; I
owe in Loudon abuut 2 or 300/. and I beseech
your honours to procure my friends to pay it
for dischanre of my conscience.
Then the Clerk of the Crown demanded the
like of Jones ; who said,
■ Jones. I beseech your honours to be a means
to her inaje&ty for mercy, for I desiring to be
counted u faithful friend, am now condemned
for a false traitor. The love of Thomas Salis-
bury hath made me hate myself, but God knows
how far I wns from intending any Treason.
But if mercy be not to be had, I beseech your
honours this; 1 owe some sums of money, but
not verT much, and I have more owini: uk; : 1
beseech that my debts may be paid with that
viliich is owing ine. Moreover, my good lords,
the lands I have, which I had by descent from
• my father, at the marriage of a gentlewoman
which is now my uife, were intailvd unto me,
and the heirs male of my body ; I beseech you
some consideration may be had of my posterity.
liatton. Jones, did not you teU me that
your lands were fee-simple, for un argument of
your. uHiocency ?
Jones. Yea, sir, so my lands are ; but at the
time of my iharriage they were iutailed as I tell
you.
Theu the Clerk of the Crowu demanded the
like of Travers ; who said,
Traven, I never committed any treason,
but for my religion, I will die in it ; only 1 owe
4/. or such a uiatter, I beseech you it may be
][>ajd out of the profits of my lands.
Then the Clerk of the Crown demanded the
like of Charnock ; who said,
Churnoch. 1 beseech your honour, Mr. Vice
Chamberlain, to get her majesty to pardon me.
Uatton. Ciiarnock, thy uITencc is too hi^h
for me to be an ubtainer of thy pardon, but I
am sorry for thee ; if thou hadst applied thy-
self tlie best way, thou miglr.cst have done thy
country good sei-vice.
Charnock. I bcstech you then, that six
angels, which such a one hath of mine, may be
delivered unto my brother to pay my debl^.
Hnltou, How mucli it thy debts ?
Charnock^ The same aiii an>;cis would dis-
4hargt it. .
Nation, Then I promise thee it shall be
paid.
Then the, Clerk of the Crown demanded the
hke of the rest, who answered httle: where-
upon they all received Judgment of Death, ac-
cording to their demerits.
On the 20th of the same month, John Bal*
lard, Anthony Babington, John Savage, Robert
Banicwell, Chidiock Titchbourne, Charles Til-
ney and Edward Abington, were drann on
hurdles from the Tower to their Execution to
St. Giles's Fields, being the place where ibt-y
used to meet ; w here was erected a scatTuld,
and thereupon a gallows.
John Ballard the priest, the principal con-
spirator, confessed that he was guilty of tlH>sa
things for which he was condemned, but pro-
tested they were never enterprised by him upon
any hope of preferment, but only, as he said,
for the advancement of true Religion. He
craved pardon and forgiveness of all persons, to
whom his doings had been any sciindal, and so
made an end ; making his prayers to himself in
Latin, not asking her majesty forgiveness, other-
wise than ' if he had ott'ended.'
Anthony Babington also confessed, tliat bo
was come to die, as he had deserved ; howbeit
he (as Ballard before) protested that he was not
led into those actions upon hope of preferment,
or for any temporal respect ; nor had ever at-
tempted them, but that he wns persuaded by
reasons alledgcd to tliis effect. That it was a
deed lawful and meritorious. lie craved for-
giveness of all whom he had any way ofl'ended;
he would gladly also have been resolved wlia-
ther his lands should have been confiscate tr»
her majesty, or w hether they should descend
to his brotlier ; but howsoever, his request wa»
to the lords, and others the commissioners there
present, that consideration might be had of one
whose money he had received for lands, which
l^e had passed no Fine for, for which the con-
veyance was void in law. He requested also,
that consideration mie;ht be had of a certain
servant of his, whom he had sent for certain
luerchandize into the East Countries, who by
his means was greatly impoverished. For his
wife, he said, she had good friends, to who<«
consideration he would leave her : And tlws
he finished, asking her majesty forgiveness, and
making his prayers in Latin.
John Savage confessed his guilt, and stid
(as the other two before) that he did attempt
it, for that in conscience he thought it a deed
meritorious, and aconnnongood to the wcii
public, and fqr no private preferment.
Robert Barncwell confessed that he wai
made acquainted with their drifts, but dcuied
that ever he consented, •or could be in coi)"
science persuaded that it was a deed lawfiil.
And being n/ged that he came to the court to
spy ([opportunities for the achieving of tlK-ir
puipnses, and that being there, her majesty
observing his prying looks, acquainted before
with th^ir intents, she prayed God that all wrro
well: To this he answered, That it was uvt
unknown to divers of the council, that he htA
\ 157] STATE TRIALS, 28 Euz. 1580 and others, fir High Treason. [1 158
matters which he solicited, wiiich was the
caus€ of his being there at that time ; but I
confess, said lie, at my return, Babington asked
ine what news ; to whom I told, that her ma-
jesty had been abroad that day, with all the
circumstances that I saw there ; and if 1 have
dfferided her majesty, I crave forgiveness ; and
assuredly, if the sacrifice of my body might
establi«»li her majesty in the true religion> I
would most willingly oS*er it up. Then he
" prayed to himself in Latin.
Chidiock Tichbourne began to speak as fol-
lowetli, viz. Countrymen and my dear friends,
you expect I should speak sometliing ; I am a
bad orator^ and my Text is worsen It were in
▼ain to enter into the discourse of the whole
matter for which I am brought hither, for that
it hath been revealed heretofore, tdid is well
known to the most of this company : Let^ne
be a warning to all young gentlemen, especially
Generosis adolcscentuUs, I had a friend, and a
dear friend, of whom 1 made no small account,
whose friendship hath brought nie to this : he
told me the whole matter, I cannot deny, as
they had laid it down to be done ; but I always
thought it impious, and denyed to be a dealer
in it ; but the regard of my friend caused me to
be a man in whom ^he old proverb was veri-
fied, < I was silent, and so consented.' Before
this thing chanced, we lived together in n)0St
flourishing estate : Of whom went report in the
Strand, Fleet-street, and elsewhere about Lon-
don, but of Babington and Titchbourne ? No
threshold was of force to brave our entry.
Thus we lived, and wanted nothing we could
wish for : and God knows, what less in' my
head than matters of State? Now give me
leave to declare the miseries I sustained after 1
%vas acquainted with the action, wherein I may
justly compare my estate to that of Adam's,
who could not abstain * one thing forbidden,'
to enjoy all other things the world could
afford ; the terror of conscience awaited me.
After I considered the dangers whereinto I was
fallen, I went to sir John Peters in Essex, and
appointed my horses should meet me at Lon-
don, intending to go down into the country. I
came to London, and there heard that all was
bewrayed; whereupon, like Adam, we fled into
the woods to hide ourselves, and there were
apprehended. My dear countrymen, my sor-
rows may be your joy, yet mix your smiles with
toars, and pity my case ; I am descended from
an house, from 200 years before the Conquest,
never stained till this my misfortune. I have a
wife and one cliild ; my wife Agnes, my dear
wife, and there is my grief, and six sisters left
on my band : my poor servants, I know, their
master being taken, were dispersed, for all which
I do most heartily 'grieve. I expected some
favour, though 1 desen^ed nothing less, that the
remainder of my years might in some sort have
recompensed my former guilt : which seeing
I have missed, let me now meditate upon the
joys I hope to enjoy. — This done, he prayed
first in Latin, and then in English, askmg her
ijcity and all the world^ heartily, forgivenesi|
and that he hoped stedfastly, now at this his
last hour, his faith would not fail.
Charles Tilney said, I am a cat hoi i^, and be-
lieve in Jesus Christ, and by his Passion I hope
to be saved ; and I confess I can do nothing
without him, which opinion all catholics firmly
hold : and whereas they are thought to hold
the contrary, they are in that, as in all other
things, greatly abused. To Dr. White, seem-
ing to school him in points of religion, differing
from those which he held, he spoke in anger,
I came liither to die, Doctor, and not to
argue. He prt^yed in Latin for himself, and
after he prayed for queen Elizabeth, that she
might live long ; and warned all younj; gentle-
men^ of what degree or calling soever, tur tak»
wiifbing. by him.
Edward Abington said, I come hither to die,
holding all points firmly that the catholic
church doth ; and for the .matters whereof I
am condemned, I confess all, saving the death
of her majesty, to the %vhich 1 never qonsented.
He feared, as he said, great bloodshed in Eng-
land before it were long. Sheriflf llatcliff said,
Abington, Seest thou all these people, whose
blood shall be demanded at thy hands, if thou,
dying, conceal that which may turn to their
peril ; therefore tell why, or which way such
blood should be shed ? He said, All that I
know, you have of record ; and at last, said
he, this country is hated of all countries for her
iniquity, and God loves it not. And being
urged by Dr. White to be of a lively faith ; he
answered, he believed stedfastly in the catliolic
faith. . The Doctor asked him, how he meant,
for 1 fear me, stfid he, thou deceivest thyself:
be answered, That faith and religion which is
holden almost in all Christeiulom, except here
in England. Thus done, he wilted them not
to trouble him any longer with any more
Questions, but made his prayers to himself in
•atin. •
Ballard was first executed. He was cut
down and bowcUed with great cruelty while he <
was alive. Babington beheld Bullard*s Execu-
tion without being in the least daunted : whilst
the rest turned away their faces, and fell to
prayers upon their knees. B^ibington being
taken down from the gallows alive ton, and
ready to be cut up, he cried aloud several
times in Latin, Puree mihi, Domine Jem !
Spare me, O Lord Jesus ! Savage broke tlie
rope, and fell down from the gallows, and wasi
presently seized on by the executioner, his pri-'
vitics cut off, and his bowels taken out whiles
he was alive. Barnwell, Titchbourne, Tilney
and Abington were executed with equal
cruelty.
On the next day Thomas Salisbury, Henry
Donn, Edward Jones, John Charnock, John
Travers, Robert Gage, Jerbme Bellamy, were
drawn to the place of Execution.
Thomas Salisbury said, Sithence it hath
f leased God to appoint this place for my end,
thank his infinite Goodness for the same ; I
confess that I have deserved Death, and that I
h^ve offended her majesty, whom to for^iva
l\50]
STATE TRIALS, 2S Elu, 1 59^6. ^Proceedings ai^aiiui
[ixao
Kiel Iieartilv brscech, with nil others x^hom I !
hrive ai)v w.:V (iiVciwicd. I desire all liuc c:i-
th'ilics lo pr:iy lur \vc; ;iiifi 1 deiirv thnn, as I
hcsotrh (.Jotl lilt y r.ii«y, u) eudiire will) patience
■ what*; itner sliall ho liiid iij)on iliem, and never
to Gui(-r into any action ot" xioItMirc lor re-
Iii(;i2y. Tlicn ho said his |jrayei^, looking*;
er.riicbtly with his eye^ t(» heaven, and prayed
in Latiii ^ hin^j; uhile-. When he had thus
done, he cried in English and Latin, Father,
for^'ive me ! *
lleniy Donn *:i;d. Do the people expect I
should .say ^^ry Ihini!; ? I was acquainted, I
confeis, with I'lf ir practice?, bnt I never did
intend to he a deaLr in ih.eiu. Babin;;ton r>t-
tentitncs requchtc I mc to lie one, and said, fnr
that he loved ine well, he would bestow nic in
one of the be-.t actions ; which slionld have
been the delivery of the queen of Scots, to
which 1 could not for a long time agree ; at
length, by many urgeut pci suasions he won
me, so as I told hiin 1 would do mv best.
And being asked, as he uas 'abcendin<: the
ladder, whether he thoui^ht H lawful to kill her
majesty? He ans\\cred. No, no; for I lake
ber to be my lavvful and natural prince. And
(as Salisbury) he dfsired all catholics to endure
ivith patience, and never to attempt any thing
against her nnijesiy, under whose govtrnmenc
li« had lived quietly, until i%it'>in iliL-ve Xvn
wcek^, that those thint^s were fii^t i'npnrteil
unto him : and whereas he was iniebicil to di-
\cvfi, and di\ers in like manner to him, he for-
gave all that w;;s owing to him, and craved for-
giveness of v.hat he owed. He desii-ed Clbd to
ft)rgive Bahington, the only cause of his f dl and
death ; and was right sorry for a gentlewr)man,
one Mrs. licllamv, at whose house he, with the
rest, were relicvcfl after they lied ; he prayed
Cii)d, whom he hud chiefly ofTondcd, next her
iniijesty,' and la-t. uf all the people, I'urpiveness;
iavin«r, No soul was more sorrow ful ihnn lii'j,
nor none more sinful ; and prayed for her
loajesty, wishing she ntight live iu all ha[ipi-
Jieas, and after this life he ^enii/e.i in lm i last-
ing'bliss ; and so he prayed in Latin and Lng-
li«i|i.
Edward Jones said, I come hither to die,
but how ri-ihiihlly God knows; tor thus stands
ny case : At. 'I'rinity term last, ?.Jr. Sali-«hury
made me actpiaintcd with their purposes; and
for that he knew me to he well hor^ril, h"
thnuixiit mv. as lit as any to attem[)r the deli-
very O' the (juecn of Sroi.', and requested me
to le one ; which 1 utti ily drnied, alio^i'tlKT
i»ii-liking thi'ir practices, and pers:i:ulini; hii!J,
ly what means 1 mi«;ht from it ; and told Jii'ii,
this was the hnuchiy and :'iid>itinus mind of
Antljony I>:diin|:ton, whicli w(^idd he the
<!i«.irnr:i«»n of him^df and friends, vlu'se
c»inpan^ T wished him tti refrain; atid lor
that I woidil have him cut uf his company,
1 have divtrs times lent him money, and
pawned Uiy eh<im and jewels to buy him neces-
saries to go into the countrv. And whercns I
liad lUiuic conveyance of niy lands' lo diven
iibes, witli totae* uuuuiiies, aud placed my
wife with my friend?, and given over house-
keeping, and by reason of my rinscienoc
tliou::ht to live atca::e; I called my servauts
toizrther again, and ii^gan to keep house more
lre>hly than e^er I did, only because i was
weaiy tt) >re .Salisbury's strauglin^, and fiir
that 1 was willing to ki.'ep him about iM^me;
and never cou.MMiied lo any of hii Treasons,
but always advised Jiim to l>eware; for thoui:U
1 was, and am a Catholic, yet I took it to i>o
a most wicked act to oiVer violence to my ua-
tural prince. I did intend to go into Ireland,
with Mr, Edward I'ition, and there Co have
served: until ut lcn|[th, ^ery shortly after this,
my determinate mind being not settled, I re-
ceived A note of their ntmies, amongst whom
was the name of my dear friend : then I began
t'> fear what hath happened; I heard tha(
night he would be at my house; and indeed he
came tiiither Rbout twelve oVlock, and tlie
do'^r being opened him, as he was very famiiur
witli me, hf> came running up to my Ix'ti-^ide
with a candle in his hand, which he took fniiu
one of my men, saluting me with these words,
Ned J<nies, how do&t thou? Ah! Tom, said ],
Art tl)(»>u one of them that should ha\c killed
the (^uecn? Yea, said he, what meanest thou
by t!iat.^ See, and read ihis, said 1, gi%ini: him
the Nciie wherein his name was; be siting,
turned about and said, there be many ca-
tholics in Knglund as far m thi> act as we are:
tiicmore tlic worse, (pioth 1. Here li the $um
of m> fault, in which I know 1 ha\e ciJendul
her majesty ; lirst, hecanie I did conceal ii ut
London, and lastly, Jiccau^e 1 riid not appre-
hend my dear iriend Tom, beini: in my hotse;
for which fault 1 am luartdy sorry, ai'.d do ii>k
her maiesiy f •ririvcne'i'*. There is one thi.i;
wherein I am to move vou, c«#ncerninii n v
Deht^ : I have set them dovxii >o near a'* I
could wiiat tluy are: ptmi sir rrai:ci> Knowlcs,
I shall ir.treiit you to he a nxan to In r ma-
icstv, that there w.vv he some r ;ri: had of lav
creditor** and debtor-. The dthts wliicb 1 ^^^e
di) amount, in the v.hoh', to [K\0/. '1 he dehi^
wliicli are owitjt: tne mo 1600/ Ihit \\It> sn.ill
l->ok into my coaiplinu'- houoe shuH fmd :nuity
u( UKU. 'JO'o/. or :;n()/. whereof all is di-cliar;:"-
cd, except some ot" 5u/. and some -lo/. and
*>\icU like, without any defeasance, and lie only
in my credit; sothnf imless some niun ofctia-
^'.'i( nee entir into tit* action of my coinplii:;^-
hnnse, ii i** like to be the utrer undoing of a
nun-I •:• ; but Ciod knows my mind, and 1 hope
it >!i -.1! .■.')l be laid to my ci:arge ; aiid socon-
chil'.d V. itii l:is pi:>\cr5, lir-i in Latin, and then
i:i Fn/liv-h, that the peopU* might be;tcr un-
der>l:;iid v. Ijal he prayed.
Jiilur <.'h.irnock an<l John Travcrs having
th ir i-,iiid> wholly fi\t r>n prnyt'r, recumineHd-
ed tiun.^elvts to (!od and the Saints. Ga^e
ex'iollrd the qocMi's creat grare iuid houiity to
his fafher, and dv tested his own perfidious in-
gratitude towards his princess. And Jerumo
lieilarny, with confusion and deep silunce, iiif-
fend lu>r.
The Cjuecii beirg informed of the Kveiitjr ,
IlGl]
STATE TRIALS, 3d Elu. 1S8(J.— Maiy ikeeniff Scoa.
[1162
used in the Executions the day before, and de-
testing such cruelty, gave express orders that
tbese should be used more favourably; and
accordingly they were permitted lo hang till
they were quite dead^ before they wtre cut
down and bowelled.
6>4. Proceedings against Mary Queen of Scots : 28 Eliz. a. d*
1586, for being concerned in a Conspiracy agarnst Queen Eli-
zabeth ; with some things previous thereto, and necessary to in-
troduce and explain those Proceedings. [Cambden's Elizabeth.
1 Hardwicke State Papers, 224. 1 Burghley Papers, 558. 1 Cobb.
Pari. Hist. 779, 835.J
The subjects of England finding the king-
dom in danger of an invasion from abroad,
and the hfe of the queen attempted by various
plots at home, carried on by the papists, in
prospect of a popish successor ; voluntarily en-
tered into an Association for the queen*s safety,
solemnly engaging and obliging tnemselves to
each other, to revenge her death, on those who
should he the occasion of it: which Associa-
tion was as follows.
" Forasmuch as Alipighty God hath ordaiold
k.in(;s, queens, and princes to have dominion
and rule over all their subjects, and to preserve
th^n in the possession and observation of the .
true Cliiistian religion, according to his lioly
word and comniandinent; and in like sort,
that all subjects should love, fear, and obey
their so\ereign princes, being kings or queens,
to the ucnto.st of their power ; at all times to
withstand, pursue, and suppress all manner of
persons, that sh:ill by any means intend and
attain pt any thin^ dangerous or hurtful to the
honour, state, or persons of their sovereigns.
Therefore we wh(>se nanies^rc or shall be sub- lives ii^ithstand, pursue and offend, as weW by
scribed to this writing, bein^ natural-born sub-
jects of tliis realm of En^ilaud ; and having so
graci'ius a lady, our sovereifjjn Elizaheth by the
ordinance of God, our most righrful queen, reign-
ing over us these many years with 2;reat felicity,
to our inestimable comfort : and findmg lately
by divers depositions, confessions, and sundry
advertisements out of foreign parts, from cre-
dible persons well known to her majesty's
council, and to divers others, that for the fur-
therance and advancement of some pretended
title to the crown, it hath been manifested,
that the life of our gracious sovereign queeu
^Elizabeth hath been most dangerously designed
against, to the peril of her person, it Almi^hty
Ood, her perpetual defender, of his mercy had
not revealed luid withstood the same ; by whose
life, we, and all other her majesty's true and
ioyal Siubjects, do enjoy all inestimable benefit
or peace in this land : do for these reasons and
causes betbre alledgcd, not only acknowledge
ourselves most justly bound with our Uves and
goods for her defence, and in her safety to
prosecute, suppress and withstand all such in-
tenders, and all other her enemies, of what
nation, condition or degree soever they sliull
1)«, or by what counsel or title they shall pre-
tend to be her eueiuies, or to attempt any
harm upon her person ; but do further think it
our bounden duties, for the great benefit of
peace^ wealth, and godly government, we have
more -plentifully received these many years
under her majesty's government, than any of
our forefathers have (lone io any longer time
of any of her progenitors, kings of this realm ;
to declare, and by this writing Rkake mani-
fest our bounden duties to our sovereign
lady for her siifety. — And to that end, we
and every of us, first calling to witness the
name of Almighty God, do voluntarily and most
wilhngly bind ourselves, every one of us to
the other, jointly and severally in* the band
of one firm and loyal society ; and do here-
by vow and promise by the majesty of Al-
mighty God, that with our uhole powers, bo-
dies, lives and goods, and with. our children and
servants, >ye and every of us will faithfully'
serve, and humbly obey our said sovereign lady
queen Elizabeth, against all states, dignities and
earthly powers whatsoever ; and will as wcU
with our joint and particular forces during our
forc^ of arms, as by all other means of revenge^
all manner of persons, of whatsoever state
they shall be, and their abetters, that shall
attempt -any act, or counsel or consent to any
thing that shall tend to the harm of her ma-
jesty's royal person ; and will never desist
from all manner of forcible pursuit against such
persons, to the utter jextermination of them,
their counsellors, aiders and abettors. — And if
any such wicked attempt against her most royal
person shall be taken in hand, or prociired,
whereby any that have, may or shall pretend
title to come to this crown by the untimely
death ofher majesty so wickedly procured(wliich
God of his mercy forbid !) that the same may
be avenged, we do not only bind ourselves both
jointly and severally never to allow, accept or
favour any such pretended successor, by whom
or for whom any such detestable act shall be
attempted or committed, as unworthy of all
government in any Christian realm or civil
state : — But do also further vow and protest^
as we are most bound, and that in the pre-
sence of the eternal and everlasting God, to
prosecute such person or persons to death,
with our joint and particular forces, and to act
the utmost revenge upon them, "that by any
means we or any of us can devise and do^ ot
/
11(5S]
STATE TRIALS, 28 Eliz. 1580 Proceedings against
[llGi
cause to be devised and done for their utter
overthrow and extirpation. — And to the better
corroboration of this our Loyal Band and As-
sociation, we do iilso testify by this writing,
that we do confirm the contents hereof by our
oaths corporally taken upon the holy evange-
lists, with this express condition. That no one
of us shall for any respect of person or causes,
or for fear or reward, separate ourselves from
this association, or fail in the prosecution
thereof during our lives, upon pain of being by
the rest of u» prosecuted and supprest as per-
jured persons, and as public enemies to God,
our queen, and to our native country ; to which
punishment and pains we do voluntarily sub-
mit ourselves, and every of us, without benefit
of any colour and pretence. — In witness of all
which premises to be inviolably kept, we do to
this writing put our hands and seals ; and shall
be most ready to accept and admit any others
hereafter to this Society and Association/^
This Association, although entered into vo-
luntarily by pcrsbns in their private capacities,
was confirmed and established by a statute
made U7 Elizabeth, 1583, entitled, * An Act
for the Security of the Queen's Uoyal Person,
and the continuance of the realm in peace;'
and is as follows :
" Forasmuch as the good felicity and comfort
of the whole estate of this realm consisteih
only (next under God) in the surety and pre-
servation of the queen's most excellent ma-
jesty ; and tor that it hath manifestly appeared,
that sundry wicked plots aud means have of
late been devised and laid, us well in foreign
parts beyond the seas, as also within this realm,
to the great endangering of her highness's most
royal person, and to the utter ruin of the whole
commonweal, if by God's merciful providence
the same had not been revealed : therefore for
the preventing of such great perils as might
hereafter otherwise grow by the like detestable
and devilish practices, at the humble suit and
earnest petition of the lords spiritual and tem-
poral, and the commons in this parliament as-
sembled, and by the authority of the same par-
liament ; be it enacted and ordained, if at any
time after the end of this present session of
parliament, any open invasion or rebeUion shall
be had or made, into or within any of her
majesty's realms or dominions, or any act at-
tempted, tending to the hurt of her niajrsty's
inobt royal person, by or for any person that
shall or may pretend title to tlu* crown of this
realm after her majesty's decease ; or if any
thing be compas-^ed or imagined, tendiiig to the
hurt of her mujcsty's royal person, by any per-
son, or with the printy of any person that shall
or may pretend title to the crown (*f this realm :
that then by Ikt majesty's commission under
her great seal, tlic lortls and other of her high-
ncsft's privy-council, and such other lords of
piirliament to be named by her majesty, as
with the said privy council sliall come up to
the number of four and twenty at the least,
kaving with them fur tbenr assistance in that
behalf such of the judges of the Courts of
Record at Westminster as her highness shall
for that purpose assign and appoint, or the
more part of the same council, lords and
judges, shall by virtue of this act have autho-
rity to examine all and every the offrna'S
aforesaid, and all circumstances thereof, and
^thereupon to give sentence or judgment, a^
upon good proof of the matter shall appear
unto them. And that after such sentence or
judgment given, and declaration thereof made
and published by her majesty's proclamatioa
under the great seal of England, all persons
against whom such sentence or jud;i(ment shall
be so given and published, s!ki11 be excluded
and disabled for e\'er to have or claim, or to
pretend to have or claim the crown of this
realm, or of any her majesty's dominions; anj
former law or statute whatsoever to the con-
trary in any wise notwithstanding. And that
thereupon all her highness's subjects shall aod
may lawfully by virtue of this act, and her ma-
jesty's direction in that behalf, by all forcible
and possible means pursue to death every such
wicked person, by whom or by whose means,
assent, or privity, any such invasion or rebel-
lion shall be in form aforesai<l denounced ut
have been made, or such wicked act attempted,
or other thing compassed or imagined agsAst
her majesty's person, and all their aiders, com-
forters and abettors. — And if any such deiei-
table act shall be executed agaiubt her high-
ne»s's most royal person, whereby her majestj'i
life shall be taken away(wliich God ofbisgrciit
mercy forbid) ; that then every such person,
by or for whom any such act shall l>e cxecuttd,
and their issues being any wise assenting or
privy to the same, shall by virtue of this act I*
excluded and disabled for ever to have or cbiiP«
or pretend to have or claim the said cru«n ot
this realm, or any other her highness's domi-
nions, any former law or statute to the con-
trary in any wise notwithstivnding. And that
all tlie subjects of this realm, and all otlier her
majesty's dominions, shall and may lax^tuilr,
by virtue of this act, by all forcible and jmw*:-
blc means pursue to the death every Mich
wicked person, by whom or by whose roeaM
any such detestable fact shall be in fonn here-
after expressed denouncetl to have been com-
mitted, and also their issues being any wse
assenting or privy to the same, and all their
aiders, comforters and abettors in that btrhal''
— And to the end that the intenticm of thb b*'
may be effectually executed, if her m:»jesi>'*
life be taken awav bv any violent or unliatiL'^ •
means (which God defend) : be it furthei en-
acted by the authority aforesaid, That*il:e \or^
anrl others, which shall be of her majesty**
privy-council at the time of such her deccasei
or the more part of the s;ime council, join»'i
unto them for their assistance five other e«ris
and seven other lords of parliament at thelea»t
(foreseeing, that none of the said tmrls lords o'
council be known to be persons that nay iiu^*
any title to the crown), those persons wbicb
were cliief justices of. either bench, master ef
1165]
STATE TRIALS/ 2S Euz. 158(5.— iWory Queen qf Scots.
[1166'
the rolls, and chief baron of the excbec^uer at
the time of her majesty's death, or in detault.of
the said justices, master of the rolls, and
chief baron, some other of those which were
justices of some of the courts of records at
Westminster at the time of her higbnew's de-
cease, to supply, their places; or anj four and
twenty, or more of them, whereof eight to be
lords of the parliament, not being of the privy-
council, shall to the uttermost of their power
and skill examine the cause and manner of such
ber mujesty*s death, and what persons shall be
any way guilty thereof, and all circumstances
concerning the same, according to the true
meaning of this act ; and thereupon shall by
open proclamation publish the same, and with-
out any delay, by all forcible and possible
means, prosecute to death all their aiders and
abettors ; and for the doing thereof, and the
withstanding and suppressing all such power
and force, as shall be any way levied or stirred
in disturbance of the due execution of this law,
they shall by virtue of this act have power and
authority, not only to raise and use such forces
as shall in that behalf be needful and conve-
nient, but also to use all other means and
things possible and necessary for the mainte-
nance of the same forces, and prosecution of
the said offenders. And if any such power and
force shall be levied and stirred in disturbance,
of the due execution of this law, by any per-
son that shall or may pretend any title to the
crown of this realm, whereby this law may not
in all things be fully executed, according to the
effect and true meaning of the same ; that then
every such person shall by virtue of this act be
tiierefore excluded and disabled for ever to
have, or claim, or pretend to have or claim
the crown of this realm, or of any other her
highnesses dominions, any former law 0( statute
whatsoever to the contrary notwithstanding. —
And be it further enacted by the authority
aforesaid, that all and every the subjects of all
her majesty's realms and dominions, shall to
tile uttermost of their power aid and assist the
said council, and all other the lords and other
persons, to be adjoined to them for assistance,
as is aforesaid, in all things to be done and
executed according to the effect and intention
of tl\^ law ; and rluit no subjects of this realm
shall in any wise be impeached in body, land
or goods, at any linie htTcaftor, for any thing
to be done or executed according to the tenor
hereof, any law or statute heretofore made to
the contrary in any wise notjvithstanding. — And
whereas of late many of her majesty's good and
faithful subjects have in the name of God, and
with the tebtinionie*> (if good consciences, by
one uniform inaniUT of writing under their
hands and scab, and by their several oaths
voluntarily taken, joined themselves together
in one bond and Association, to withstand and
revenge to the uttermost all such malicious
actions and attempts against hor majesty's
most royal person : now for the full explaining
of all sucii ambiguities and questions, as other-
tvise mighr^appcn to grow bv reason of any
sinister or wrong construction or interpretation
to be made or inferred of or tipon the words or
meaning thereof ; be it declared and enacted
by the authority of this present parliament, .
that the same Association, and every article and
sentence therein contained, as well concerning
the disallowing, excluding, or disabling any
person that may or shall pretend any title t(»
come to the crown of this realm, as also for
the pursuing, and taking revenge of any such
wicked act or attempt as is tnentioned in the
same Association, shall and ought to be in all
things expounded and adjudged according to
the true intent and meaning of this act, and not
otherwise, or against any other person or per-
sons."
The following year, 1586, Babington and
others being convicted of a Conspiracy to
assassinate queen Elizabeth ; and the queen of
Scots being charged with countenancing and
encouraging that Conspiracy, a Commission
was issued out, founded upon the abovesaid
Statute, for the Examination and Trial' of
the said queen of Scots, to the effect following :
** Elizabeth by the grace of God, of Eng-
land, France, and Ireland queen, defender of
the faith, &o. To the most reverend father in
Christ, John archbishop of Canterbury, pri- .
mate and metropolitan of all England, and
one of our privy-council ; and to our trusty
and well-beloved sir Thomas Bromley, kt.
chancellor of England, and one of our privy-
council ; and also to our trusty and well-
beloved Wra. lord Burghley, lord treasurer of
England, another of our privy-council ; and
also to our most dear cousin WiUiam lord mar-
(juis of Winchester, one of the lords of the par-
liament ; to our most dear cousin Edward
earl of Oxford, great chamberlain of England,
another of the lords of the parliament : and
also to our most dear cousin George carl
of Shrewsbury, earl marshal of England, an-
other of our privy-council; and to our most
dear cousin Henry earl of Kent, another of tha
lords of the parliament : and also to our most
dear cousin Henry earl of Derby, another of
our privy-council ; and to our most dear cousin
Wilham earl of Worcester, another of the lords
of the parliament; and also to our most dear
cousin Edward earl of Rutland, another of the
lords of the parliament; and to our most dear
cousin Ambrose carl of Warwick, master of
our ordnance, another of our privy-council;
;ind to our most dear cousin Henry earl of
Pern broke,anoi her ofthe lords of the parhament;
and also to our most dear cousiu Robert earl of
Leicester, master of our horse, another of our
privy-council ; fend to our most dear cousin
Henry earl of Lincoln, another of the lords of
the parliament; and also to our most dear
cousin Anthony viscount Montague, another of
the lords of the parliament : and to our tmsty
and well-beloved Charles lord Howard, our
great admiral of England, another of oar privr-
council ; and to our trusty and weW-beloved
Henry lord of Hunsdon, our lord chambeiUitu
another of our pri\7-couocil; and also to our
ll()7]
STATE TRIALS, 28 Euz. Jbii^.-^Proccedlngsagamsi
[116S
trusty and well-bflovod Henry lord Abcrg:i- 1
vcnay, another ot'the lords of the purliaNienl ;
niid to our trustv and well- beloved Edward
lord Z'JiicI), umnhcr of the lordu of the parlia-
ment ; add a)>»o ti» our trusty and well-beloved
Jidv.ard lortl Morlev, uiioiher of the lords of
tlnj pailiaiiient ; uiid to our trusty and well-bc-
lovi'd William lord (.'obhani, lord yvardtn of
our cinque-ports, another of our privy-council;
and also to our trusty and well-beloved Edward •'
lord SlalTord, another of (he lords of the parlia- |
incnt ; and aho to our trusty and well- beloved !
Arthur lord Orcy o** Wilton, 5;nother of the '
lords of the parlianu-nt ; and altiO to our trusty
and-well-l>eloved John lord Lundey, another of i
the lords of the parliament ; and also to our |
trusty and well beloved John lord Sturtoti, ftn-
other of ihc lords of tlie parliament ; and to our
trusty and \vell-hel'>ved William lord Sftndes,
anotlicr of the lordb of the parliament ; and
also to our trusty and well-beloved Henry lord
Went woi til, another of tlie lords of the parlia-
ment ; to iMir trusty and wcll-bclovcd Lewis
lord jMurdant, another of the lords of the par-
liament ; :;ud lu our trusty and well-belrjved
John lord St. Johvj of Dlctbho, another oi' the
lords of the parliament ; and also to our trusty
jmd well-btl'i\ed Thomas lord Buckhurst, un-
otlier of our privy <out»cil : and to our trusty
and well-belovcd Htiiry lonl Compton, another
of the loids of the ptirliumcnt; and also to our
trusty and iveli-bclorcdllciiry lord Cheincy,
another of the lords of the parliament ; to our
trubty and beloved eir Francis Knolles, kt. trea-
iurcr of our houiihold, another of onr privy-
council; and also to our trusty and well-beloved
sir James Crofts, kt. Comptroller of our said
houshold, another of our privy council ; and to
our tru-ty and beloved sir Christopher Ilxitton,
kt. our vice-chambeilain, another of our privy-
council ; and also to our trusty and beloved sir
Franc s Walsingham, kt. one of our principal
secretaries, amither of t»ur privy-counril ; and
also to our tri.styand licloved William Davison,
esq. another of our principal secretaries, and
of our privy-f.ouncil ; and to our trusty and
beloved sir Rnlph Sadler, kt. chancellor of
our dutchy of Ijincaster, another of our privy-
council ; and also to our trusty and beloved sir
Walter Mddmav, kt. chanct'llor of our exchc-
quer, another ot our privv- council; and to our
tru».ty an<l beloved slrAmias Po\vlet,kt. captain
of our isle t>f Jersey, unmhcr of our privy-coun-
cil; and lo our trri-tv and beloved John Wolley,
esq. our secretary tor the Latin tongue, another of
our privy-c 'Uncil ; and also to nur trusty and be-
loved sir (ihristopher Wray, kt. chief juslicer
as^i'^ncd for the pleas to be holden before us ;
and to our trusty and bclt^ed •oir Edmund An-
d<M>OM, kt. oui chief justice- of the bench ; sir
Roger Mauwchid, kt. our chief baron of our
exchi-quer : sir Tnoma-i (Jawdy, kt. one of
our jubiiieis assi-j;ticd for the pleas to be hi)l-
den before us ; and William Pcriani, one of
our ju»iicers of the bench, greeting, &c. —
'* Wliercab since the end of the session of par-
Ujujifnt. niuji«ly, ^ince the first day of June, in
the 27th vear of ourreii^n, divers matters have
been compassed and imngined, tending to the
hurt of our royal person, as well by Mary
daughter and heir ot James 5th king of Scots,
and commonly culled queen of Scots, and dow-
ager of France, pretending title to the crown
of this re.'dm of England ; as by divers other
persons, iUftt sclent ia, in English with the pri-
vity of the same Mary, as we are given to un-
derstand; and whereas we do intend and dt-
termine, that the act aforesaiil be in all aiid
every part thereof duly and eflTc-clually eic-
cuted according to the tenor of the same, and
that all olfences abovesaid, in the act ahove-
said meniioned, as aforesaid, and the circuio*
stances of the same, be examined, and sentence
of judgment thereupon ^iven, accurdin^: to ths
tenor and eficct of the said act : to you, and tlic
greater part ofyouwedo give full and ah?r>-
lute power, faculty and authority, accordmg;to
the itnor of the said act, to examine :dl and
singular matters compassed and imagined,
tending to the hurt of our royal person, ;i5 weil
by the aforesaid ^lary, as by any other person
or perscms whatsoc^ er, cum scirntiay m Enuli'h,
with the privity, of tiie same .Mary, and allfj-
cumstances of the same, and all other oii'oncc^
abovesaid in the act rforeaaid. r»s ufortsnid,
mentioned whatsixver, and all rircnmstanci'S
of the same end of every of them : and tlicrc-
upon nccordinf; to the tenor of the Act afore-
said, to give Sentence or Judgment, as upon
good proof matter shall appear unto you. Aod
therefore wc do command von, that vou d) a:
certain days an<l placet^, which you, or tl.e
greater part of you, shall thereunto lore-ap-
point, diligently proceed upon the })reini3<-j ■"
form aforesaid, \c."
Proceedings at Votheringfty-Custie.
The most part of these Commissioners cam*
the 11th of Oct. to Fot he ringay -castle in tbt
county of Xorthampton, seated upon the Lrmk
of the river Ncn, where the (|ur-en of Scots was
then kept. The next day the <:om:iiissiuiiers
sent to her 5:ir Waltir Mildmay, Powlet, and
Edward Darker, a publick notary : who de!.-
verrd into her hands queen Elizabeth's Lettir;
wiiich when ehc had read, she, with a counte-
nance compo^e'l ti> rov.il dignity, and with a
mind untroubled, said. It grie^cth sue that ti>r
queen, my most dear sister, is mi^infonned of
nic ; and that I, having been so many vears
straitly kept in prison, und grown lame of nit
limb«, have lien neglected, after I have tiiTiriJ
so manv reasonable cfiiiditions for my hhiriv.
Ttiouuh I have thoroiiirblv torewamtd l»er<i
many dan^^er?, yet harli no credit been gi*«i
unio me, but I ha\e hetm aiways contcnnicJi
though most nearly allied unto her in Mr^d.
When tl'c Association was entered jn, ami tf*
Act of Parliament thereupon mufif', I N-rcs^*
that whatsoever dar.^er >hotdd happen ci'J'^'
friMu foreign princes abroail, or t'rom ilUli^p'H:*^
people at home, or for religion's aake, I iui:»t
bear the wlii>lc blame, having many murt^
enemies in Ui« court, CertaiiSy I nogbc tfk*
1169]
STATE TRIALS, 28 Emz. 1586.— A/aiy §tuecn tf Scots.
[1170
k hardly, and not without cnase, thnt a Con-
liederacy hath been inndc with my son witLout
my kiiuwledgey but sucli matters I umit. As
fur ttiis Letcejf^t ieeintih strange to me, that
the queen should command me as a subject, to
appear perbonally in judgment. I am an ab-
solute queen, and will do nothing which may
prejudice either mine own royal majesty, or
other princes of my place and rank, or my
ton. /^ly mind is not yet dejected, neither
wiU I sink under my calamity. I refer myself
to those things, which I have protested hefore
Bromley, nuw chancellor, and the lord La-
Ware. The laws and statutes of Engluiul arc
to me most unknown ; 1 am destitute of coiin-
ecilors, and who shall be my peers 1 am utterly
ii;norant. My Pa|>ers and Notes arc taken
Ironi me, and no man dareth step forth to be
my lulvocate. « I am clear from all crime «
against the queen, I have excited no man
against her, and I am not to be charged but by
mine own word or -writing, which cannot hv
produced against me. Yet can I not deny but
I have commended myself and my Cause to
foreign princes."
The next day there returned unto her in the
name of the Commissioners, Puwlet and Bar-
ker, who shewed unto lier tiiis Answer drawn
in Writing, and asked her, whether she would
|;ersi^t in the same. When she had heard it
clistinctly read, she commended it as rightly
and truly conceived, and said, s.he would persist
therein. But thio, said she, I have forgotten,
which I would have to he added thereunto :
Whereas the queen hath written, that I nm
subject to the laws of England, and to be judj;-
ed by thcni, because I have lived under the
protection of them ; I answer, that I came into
England to crave aid, and ever since have been
detained in Prison, and c^mld not enjoy the
protection or benefit of the laws of England ;
nay, 1 could never yet understand from any
mail, what maijner of lni%s those were.
In the atlenioon came unto her certain se-
lected persfins from amongst the Commission-
ers, with men teamed in the civil and canon-
law. But the Lord Chancellor and the Lord
Treasurer declared their aurliority b^ patent,
mnd shewed that neither her imprisonment,
nor her prerogative of royal majesty could
exempt her from answering in this kingdom ;
witli fair words advi-iing her to liear wliat
matters were to be objected against her :
otherwise they threatened, that by authority of
law, they both could and would proceed again*>t
her, though she were absent. She answered.
That f»he was no subject, and rather would she
die a thousand deaths, than acknowledge her-
self a subject, considering, that by stich an ac-
knowledgement, she should both pre judice the
height of regal majesty, and withal confess her^
felf to be bouiul by all the laws of England,
even in matter of religion : nevertheless she
was ready to answer to all things in a free and
foU parliament^ for that she knew not whether
Ms meeting and assembly were appointed
i^puntc her, wing already condemned by fore-
VOL, I.
judgings, to gi^e some shew and colour of a
just and legal proceeding. She warned them
therefore to look to their consciences, and to
remember, that the theatre of t he whole world
is much wider than the kingdom of England.
She began then to complain of injuries done
unto her : and the Lord Treasurer interrupt-
iug her, began to rfrckon up queen Elizabeth's
kindnesses towards her, namely, that she had
punished some, which impugned the claim she
laid to Eogland, and had been a means to
keep her from being condemned by tlic e^ts^les
of the realm, for the marriage sought with the
duke of Norfolk, lor tlie rebellion in the north,
and for other matters. All wliich wheg she
seome<l little to esteem, thev returned buck.
Wthiu few hours after, they delivered unto
her, by the hands of Powlet and the Sblicitor,
the chief |K)ints of their Commission, and the
names of the Ci>mmi!>'>ioners,^h(it she might
see, that they were to proceed according to
e(|uity and ri<>ht, and not by any cunning point
of law, and extraordinary course. / She look no
Exceptions against the Coinn^sioners, but
most sharply excepted against the late law,
upon which the authority of their commiAsioti
wholly depended ; as that it was unjust, de-
vised of purpose against her, that it was with-
out example, and such whereunto she would
never subject herself. Sht asked, by what law
they would proceed : If by the civil or canon-
law, then said she, interpreters are to he
fetched from Pavia, or Poictiers, and other
foreign universities; for in England none are
to be found that are meet. She added aU.o,
That it was manifest, by plain words in the
({ueen*B Jitters, That she was already fore*
judged to be guilty of the crime, thou*;h un-
heard ; and therefore there was no reason whv
she should appear beti)re them : and she re-
quired to be satisiied touching s^mc scruples
in tlie said Jjeiters, which she had for herself
noted confusedly, and by snatches, severally
by themselves, but would not deliver them
written out ; for it stood not, said she, with
her royal dignity, to play the scrivener.
Touching tliis matter, the said selected Conn
missioners went unto her again, to whom she
signified, that she did ma well nndfr!>iand
wliat those words meant, < !tecind she is under
tlie queen'sprotection.' The Lord Chancellor
answered. That this was plain to every one of
understanding, yet was it not for subjects to
interpret what the queen's meaning was, neither
weie they made commissioners for that end.
Then she required to have her protesiaiiou
shewed and allowed, w hich ♦•he had fonnerly
made, it was answered, that it never had
bctMi, nf>r now was to be alloweil, for that it
was prejudicial to the crown of Enidand. She
a*«ked, Uy what authority they woiihl proceeii ?
It was answered, by authority of their Com-
mission, and by the common law of England.
But, said she. Ye make laws at your plea-
sure, wliereunto 1 have no reason trt submit
myself, considering that ttie English in times
ppst refused to sabmit themselves Xf> the Law
nvr]
STATE TRIALS, 28 Eliz. l5ii6.^Pr(xxedings againsi
[wri
Snlique of France : and if iliey would proceed
by the coromoii law of KM^land, they should '
produce precedents and cases, forasmuch as
that law couhibteth much of casies and custom >
and if by tlie canon law^ none else ou^ht to
interpret the sanid, but the makers thereof. It
was answered, That iliey would proceed neither
by the Civd nor Canon Law, but by the Com-
mon Law of England : that it mi^ht neverthe-
less be proved by the civil and canon law, that
the ought to appear before them, if she would
not refuse to hear it. And indeed she refused
not to hear it, but, us she said, by way of Inter-
locutiouj not Judtcialii/,
From hence she teW into other speeches.
That she had intended nothing to the destruc-
tion of the (|ucen ; that she hud been included
with injuries and indignitiev ; that she should
be a stone of ortence to others, if she were so .
unworthily handled : that by Naw she had
oflercd her best means for revoking the bishop
of U{)me*s Bull ; that she would have defended
ber iimocency by letter, but it was not allowed
Iter ; and fin«liy, that all the offices of kindness,
11^-hich she hud tendered ihcbe twenty years,
were rejected. Thus while she wandered far
in these digressions, they called her back
attain, and prayed her to speak plainly, whether
siic %%ould answer betbre the commissioners.
She rephcd. That tlie authority of their delega-
tion was founded upon a late law made to in-
trjpher; that she could not away with the
queen's laws, whicli she had good reason to
su»pect ; that she was still full of good courage,
and would not oHend against her progenitors,
the kings vjf Scots, by acknowledging herself a
subject to the crown of England : for this
were nothing else but to prolesb them openly
to have been rebels and traitors. Yet she re-
fused not to answer, so as she might not be re-
duced to the rank of a subject : But she had
nither perish utterly tlian to ans\ieras a crimi-
nal person.
W hereunto Ilatton, Vice-Chamberlain to
fiueen Elizabeth, answered : /You are accused
(nut not condemned) to have conspired the
Destructioii of our lady and queen anointed.
You say you arc a queen : be it so. But in
5uch a crime the royal dignity is not exempted
froni answering, neither by the Civil nor Canon
Law, nor by tlie Law of nations, nor of nature.
For if such kind of oDcnces might be committefl
wlLliout punishment, all justice would stagger,
yea, fall to the ground. /If you be innocent,
vou wrong your reputation in avoiding a Trial.
Vou pniiest yourself to be innocent, but queen
Khzabeth tbinketh otherwise, and that neither
without grief and sorrow for the same. To
examine therefore vour innocencv, she hath
appointed for Commissioners most boiio«jrnble,
prudent and upright men, who are ready to
hear you acccording to equity with favour, and
will njinee with all tlieir hearts, if you shall
clear yourself of this crime. Belie\'c me, the
queen herself will be much affected with joy,
who adinned unto me at my coming from her,
tliat ncf cr uaj thing befd her aunt grievous,
tlian that you were charged vrith such a crime.
Wherefore lay aside tiie bootless privilege of
royal dignity, which now can be of no use unto
you, appear in judgment, and shew your inao-
cency, lest by avoiding Trial, you draw upon
yourself suspicion, and lay upon your reputa-
tion an eternal blot and a9per&ioD.
I refuse not (said she) to answer in a full
parliament before the estates of the realm law-
fully assembled, so as I may Ij6 declared the
next to the succession ; yea, liefore the queen
and counrd, so as my protestation may te ad-
niittf^d, and I may be acknowledged the next
of kin to the queen. To the judgment of mine
adversaries, amongst whom I know all defenue
of mine intiocency will be barred, flatiyi I.jull
not submit mysell.
'J'he Lord Chancellor asked ber, wiictlier >lie
would answer, if her Protestation were ad-
mitted ? I will never (said she) submit myscli
to the late law mentioned in tbe Commission.
Hereupon the Lord Treasurer anstiered;
We, notwitliatanding, will procec<l to>morruw
in the Cause, though you be ab»eut and cud-
tinue ront.umax.
Search (said she) your consciences, look t9
your honour, God rew:u*d you and yuu» fur
vuur Judgment against ine.
On the morrow, which was tlie 14th of thi
month, she sent for certain of the Commis-
sioners, and prayed them, that her Protestatiuo
might be admitted and allowed. The liord
IVeasurer asked her, Whether she would ap-
])ear to her Trial, if her Protestation were onl;
receiv<i<l and put in writing, without allowance.
She yielded at length, yet with much ado, and
with an ill-will, lest she should seem (as ^
said) to derogate from her predecessors ursiC-
censors ; but was very desirous to pun^e henelf
of the crime objected against her, being per-
suaded by liatton's reasons, which she bad
weighed with ad\ isement.
Soon after, the Commissioners which were
present, assembled themselves, in the Prescnce-
Chamber. At the nppcr end of the Chamlier
was phiced a Chair ot estate for the queeu ot
England, under a clotli of estate. Over-agaiuit
it, below and more remote, near the transom
or beam that ran cross tbe room, stood a chxr
for the queen of Scots. At the walls on lii'tt)
sides, were placed benches, upon which »\v.
on tlie one side, the Lord Chancellor of Eng-
land, Lord Treasurer of Knghmd, the carls ut
Oxford, Kent, Derby, Worce^ler, Ruilawl.
Cumberland, Warwick, Pembroke, 'lancolo,
and the lord viscount Montacute ; on the other
side, the barons of Abergavenny, Zouch, Mur-
leVf Stafford, Grey, Lumley, Sturton, Sande».
Wentworth, Mordant, St. John of Hlet^lu*.
Wsdsingham, sir Ralph Sadjeir, sir Walter
Mildmay, and sir Amias Powlet Fororard,
before tbe earls, sate the two Chief Justiccii
and the Chief Eliiron of tlie Exdie^aer : sad
GO the other lide two barom^ tbp other Ju^ ^
1173]
STATE TRIALS, 28 Elk. 158(5.— JIfary Quern qf Scott.
[1174
tices, Dale and Ford, doctors of the Civil-Law ;
•nd at a little table in the midst sate Pop ham
the queen's Attorney, Egerton the Solicitor,
Gaud? tlie queen's Serjeant at Law, the Clerk
of the Crowo, and two Writers.
When slie was come, and had settled hereelf
in her seat, after silence proclaimed, Brondey
Lord (^hancellor turnnig to her, spake briefly
to this effect : The most hieh and mighty queen
Elizaherh, heini; not without great grief of
mind advertised, that you have conspired the
Debtruction of her and of England, and the
Subversion of Religiim, huth, out of her office
and duty, lest she might &eem to have neg-
lected God, herself and her people, and out of
no malice at all, appointed tliese commis-
sioners, to hear the matters which shall be
objected uruo you, and how you can clear
yourself of them, and make known your inno-
cency. —
She rising up, said, That she came into Eng-
land to crave aid, which had been promised her,
and yet was ^he detained ever since in prison.
She protested, that she was no subject of the
queen's, but had been and was a free and ab-
solute queen, and not to be constrained to
appear before commissionen^, or any other
Judge whatsoevcc, for any cause whatsoever,
save before God alone the highest Judge, lest
the should prejudice her own royal majesty,
the king of Scots her son, her successors, or
other absolute princes. But, that she now
appeared personally, to the end to refute the
crimes objected against her. And hereof she
•prayed her own attej)dants to bear witness.
The Lord Chancellor, not ackno\«ledging
that any Aid had been promised her, answered,
That this Protestation was in vain, for that
whosoever (of what place and degree soever
he were) should olfend against the laws of
England, in England, was subject unto the
same laws, and by the late act might be ex-
amined and tried ; the said Protestation there-
fore made in prejudice of the laws and queen
of Eni^lund, was not to be admitted. The
< Commissioners nevertheless commanded, that
as well her Protestation, as tlie Lord Ohan*
cellor's Answer, sliould be recorded.
Then after the Commission wa^ openly read,
which was grounded upon tlie Act already
often mentioned, she stoutly opposed her Pro-
testation agaiust the said Act, as enacted di-
rectly and purposely against her, and herein
she appealed to tlieir consciences.
When Answer was made by the Lord Trea-
surer, tlttU every person in this kingdom was
bound even by the latest laws, and that she
ought n<^. to speak against the laws : and that
ihe Commissioners would jud^e, according to
tliat law, what Protestations or Appellations
soever she interposed, she said at length, that
slie was ready to hear and answer touching any
fact whatsoever against the queen of England.
Gawdy now opened the law from point to
fiouity affirming, that she had offended against
the some ; and 1/ereupon he made an historical
-iuewatm of Babingtoo's Conspiracy, aad con-
cluded. Thai she knew of it, approved it, as-
sented unto it, promised her asaistuuce, and
shewed the way and means.
She answered with stout courage. That she
knew not Babington, that she never received
any Letteis from liim, n«>r wrote any to him ;
that she never plotted tlte flestruction of the
queen, and that to prove the same, her Sub-
scription under lier own hand was to be pro-
duced ; that for her part slie never so much as
heard speak thereof; that she knt-w not Bal-
lard, nor ever relie\'ed him ; but she under-
stood fi*om some, that the catholics in England
took many things very hardlv, and hereof shq
herself had advertised the queen by Letters,
and besought her to take pity on tliem ; that
many also, which were to her utterly unknown,
had offered her their help and assistance, yet
had she excited no man to commit any of- '
fence ; and l>eing shut up in prison, she could
neither know nor hinder what they attempted.
Hereupon it was urged out of Babington's
Confession, thut there had been intercourse by
Letters betwixt her and Babington. She con-
fessed that there hud passed Conference by
Letters betwixt her and many, men, yet could
it not there\>y be gathered that she was privy
to all their wicked counsels. She required
that her own Subscription, under her iiand,
might he produced ; and asked, what hurt it
were, if she re(!emanded the Letters, which had
l)een kept from her almost a whole year P
Then were road the Copies of Letters between
her and Babington, wherein the whole Conspi-
racy was set down.
The Seotish QueerCs Letter toAnth. Babington,
* Mv very good friend, albeit it be long
* since you heard from me, not more than I
' have done from you, it is against my will ;
' yet would I not you should think I have in
* the mean while, nor ever will be, unmindfid
* of the effectual affection you have shewed
' heretofore towards all that concemeth me.
' I have understood, that upon the renewing of
' your intelligence, there were addressed unto
' you, both from Fnmce and Scotland, some
* packets for mc ; I pray you, if any be come
* to your hands, and be yet in place, to deliver
' them to tiie bearer hereof, who will safely
* convey them unto me ; and I will pray t«>
* God for your presentation. Yo.ir assured
' good friend, Mary; Retina.* June tlie Stttli,
* Chartley.'
Anth, BalingtonU Letter to the ScotUh Queen.
* Most mighty, aiost eicellent, my dread
' sovereign lady and queen, untfi wliom I owe
' all fidclitv and oliedience ; may it plea»e
< your gracious mnjesty to admit excuse of my
* long silence, and discontinuance from those
< dutiful offices, intercepted upon the reiaove
< of your royal person from tlie antient place of
< your abode, to the custody of a wicked puri-
* tan, and meer Leicesirian, a mortul enemy
* both by faith and faction to your majesty anil
* to the catliolic estate : I held the hope of our
117A]
STATE TRIALS, 2S Eliz. IBSO.— Proceedings against
[\\1(i
country's weal depending (next under God)
upon tlic lit'cof your luajesty, to be desperate,
and thereupon resolved, to depart the realm,
determining to spend the remnant of my lite i
in buch solitary sort, as tlie miserable and
wretched estate of my country doth require;
only expecting, according to the just judg>
ment of Cod, tlie present confusion thereof,
which God, for his mercy sake, prevent.
Tho nhirh my purpose being in execution,
ar\d standing upon my departure, there whs
uddreiised unto me, from the parts beyond the
seas, one Billiard, a man of virtue and learn*
ing, and of singular /cal to the catholic cau^e,
and your majesty's scr\ice. The man in-
formed nie of great preparations by the
Christian princes, your majesty's allies, for
thc'dclivcnmce of our country fiom the ex-
treme and miserable estate whercrn for a long
lime it hath, remained. Which when 1 un-
derstood, my e!»pccial desire was, to advise
by what means I mit^ht, with the hazard of
luy liie, and all my friends in general, do
your sacred miijesty one day's good Sf rvice.
\V hereupon, UMist dread sovereign, according
to the great care, which those princes have of
the preservation and safe dtlivtraiice of your
in ajc'sty*^ sacred person, I ad>iscd of means,
ar.d considered of circumstances accordingly,
to and with io many of the wibest and most
trusty, as with safety I might commend the
secrecy thereof unto: 1 do fmd, by the as-
sistance of the l^)rd Jesus, assurance of good
eft'cct, and desired fruit of our travail. These
things are first to be advised in this great and
honourable action ; upon issue of which de-
pendctli, not only the lite of your most excel-
lent mnjesty, w hich God long preserve, to
onr inestimaLlc comlbrt, and to llio salvation
of Kngiish souls, :md the lives of all us a^to^^
therein ; but aUo tliQ honour and weal of our
country, far more dear than our lives unto u<,
and the last hope ever to recover the faith nl'
our forefathers, and to redeem ourseNes from |
the servitude and bondage, which herel.7
heretofore hath been imposed upon us uitii
the loss of many thousand snnls. Tirst, for
the assi,inng of invasions, sufticient ^t^c■ngth
on the invaders parts to arrive ii appoiiiied,
with a strong parly at cvt ry place, tti join
with tlieni, and warrant their landing, the de-
liverance of yimr majesty, the dispatrh of
the usurping competitor. For the elVtciinL'
of all, may it plfa^(> your nnjotv to rely upon
my yervire, 1 protect before the .'Mmitihty,
who hath long miraculously preserved your
royal person, no donnt lo sonie uiiiversal
good,tlKit wlmt I h:i\e said shall be perform-
ed, or nil our lives happily lost in the execu-
tion thereof. Which vnw all the chief artor-
have taken solemnly; and arcupon assunmce.
by your majesty to me, ro rrceve the blessed
sacrament thereupon, either to prevail in tlie
church's behalf, and your mai^ty% ur fbrtu-
nateJy 10 die for to hopoonifalB • muma. V«kM
fbramucfa ai MiKf%a»
might fUmm JT"^
< your wisdom to direct us, and by your princely
* authority to enable us, and such as may ad«
* vauce the alfairs : foreseeing, tlierc is not iay
* of the nobility, at liberty, assured to your ma-
* jesiy in this desperate service, except unknowo
'unto us; and seeing that it is very necesMiry
* that some there should be to become heads to
* lead the multitude, who are disposed by n«*
* tore in this land to follow nobility : considcf-
* ing \% ithal, it doth not only make the commons
* and country to follow without contradictioQ
' or contention, which is ever found in equality,
* but also doth add great courage to the leaders.
« I'or which necessary regards, 1 would recum*
< mend some to your majesiv as arc fittest, ia
< my knowledge, to he your lieutennnts, in tiit
« \%est parts, in the north partSf South Wale*,
« and North W'ales, the countries of Lancaster,
' Derby, and Stafford. In all which countries,
< parties being already made, and tideiity takco
' in your mnjcsty's name, I hold thera as most
* assured, and of untloubted fidelity. My>elf,
< with ten gentlemen of uuality, and an hundred
' followers, will undertake the delivery of yonr
' person from the hands of your enemies : and
< for the dispatch of the usurper, fi-om obedience
< of wiiotn, by the excomiuunication of her, we
* are made free, there be six noble gentleuieii,
< all my private friends, who, for the leal iljry
' bear to the Catholic cause, and your majesty's
* service, will undertake the tragical execution.
« It resieth, that according to their iulinitede-
* serts, and your majesty's bounty, their heruical
* attempts may be honourably rewareltd in
* thern, if they escape luth hfe, or in 'hiir pos-
* terify ; and that so much by your maji-st»'$
* authority T may be able to assu'e th<nn. Now
* it re.nainctli only in your majrsty'b wisdmn,
* that it be reduced inr«) method, that your
' happy deliverance be first, for that tliert.p'in
* depeiideth the only good, and that the otljer
* eiicnnistances concur: that tlie untimely e«J
' of the <;ne do not overthn)w the re-t. All
* which y ur majesiy's wondertui expeiience
* an i wisdim «%ill dispose in <^o goo<i in.inntras
' r doubt not, ihroueh God's uood a>sis; ince,
' shall take doscrvenl effect: f»r the idKu.nmc
' nf which eveiy mie of u> ^hall chink lii<s hre
* most happily sp' nt. Upon the f we.fih d.iy of
* this m'.nth I will he at Litchfield, ex, ir ting
* vour majesty's answers and le'ttTS, in execute
*■ what bv tliein shall be comm.inded. Vour
* majeity's faithful subject, and s»vnrn servant,
* Antuony BAaiNciiiS.'
As for these I^tte:s (baid she) it may Ik ihnl
Bab ngton wr»te theni, hut let it he proved
that I received them:. If Brfhington or tny
others affiiui it, [ say th^y lye "penhf; other
men's crimes no not to \h* cast upoit me. A
Picket of Lr Iter-, which had been k«pifroa»
me almost u whole year, came to my hands
about that tune, but by whom it was<ent, i
know not. ,
To prove that slie had received Rabin|ttQai
T«ttep|. ihere were rend out of Bahing^'iniCor
•Wi«f lieifU of certain LeiceffSi which
hr pwfinBd. thK ritt «n(>
1177)
STATE TRIALS, 28Elix. 15B6.—Mary QiamtifScoiB.
flWS
back unto him : wherein when mention was
inade of the earl of Arundel and bis brethren,
and the earl of Northuiiiberlund, the tears
burst forth, and «he said, Alas ! wtiat hath that
noble house of the Howards endured for my
sake ? and shortly after, having wiped away the
tears, she answered, That Babington' might con-
fess what he list, but it was an open lye, tliat
she had devised such iqeans to escape : That
her adversaries might easily get the Cyphers,
which she had used to others, and with the same
write many things falsely : that it was not likely
she should use Arundel's help, whom she knew
to be shut up in prison ; or ^i orthmnberlaud*s,
who was very young, and to her unknuwn.
There were read also certain points picked
out of Savage's and Ballard's Confessions, who
had confessed that Babington imparted unto
tiiem certain Letters, which he had received
from the queen of Scots.
She affirmed. That Babington received none
from her, yea that she was angry witJi some
which had secretly suggested counsels unto Iter
for invading of England, and had warned them
to beware. *
Now was there a I^H^ brought forth,
wlierein Babington's Plocwas commended and
approved.
The Answer of the Scotish Queen to a Letter
written by Anthony Babington, 12 July.
1586.
• Trusty and wdl-bcloved, according to the
zeal and entire affectioii which I have known
in you towards the common cause of lleli-
gioo, and mine, having always made account
of you as a principal and right worthy mem-
ber to be employed both in the one, and in
the other ; it hath been no less consolation
unto me m) know your estate, as I have done
by your last Letter, and to have further
means to renew my intelligence with you,
than I have felt griefs all this while past, to
be without the same. 1 pray you therefore to
write unio me here.ifier, so often as you can,
of all concurrents, which you may judge in any
sort importunate to the good of mine afiairs,
wherein 1 shall not fail to correspond with all
the care and diligence that hhall be by possi-
bility. For divers great and importunate con-
siderations, wh^cli were here too long to be
deducted, I cannot but greatly praise and
comniend your common desire to prevent, in
time, the designment of our enemies, for the
extirpation of our religion out of this realm,
with the ruin of us all ; for I have long ago
shewed to the foreign catholic princes, what
they have done against the king of Spain,
and in the time the catholics here remaining,
exposed to all persecutions and cruelty, do
daily diminish in number, forces, means and
power, so as if remedy be not thereunto
si>eedily provided, I fear not a little but that
they ihall become altogether unable for ever
to rise again to receive any aid at all when-
soever it is oA'ered. Then for mv own part,
I pray you assure oar principal frieads, that
albeit I had no particular interest in this case,-
that all that I may pretend unto, being of no
consideration to me in respect ojf the public
good of tlie state, I shall be always ready, and
most willing to employ therein my lite, and
all that I have, or may look fi>r iu this world.
Now to ground substantially this enterprize,'
and to bring it to good success, you must ex-*
amine duly, 1. What forces, as well on fool
as on horse, you may raise among you all ;
and what captains you shall appoint lor thetu
in every shire, in case a general cannot be
had. Q. Which towns, ports, and havens,
you may assure yourselves, as well on the
Nortli, West, and South, to receive sui^Qours,
as well from the Low-Countries, Spain, and
France, as from other parts. 3. What place
you esteem fittest, and of most advantage to
assemble tlie principal comf>any of your forces
at the same time, which would be compassed
conform to the proportion of your own. 4.
For how long pay and muaitioo, and what
ports are fittest for their landing in this realm,
from the foresaid three foreign coujitrits. 5.
What provision of monies and armour, ia
case you should want, you woold ask. 6. By
what means do the six gentlemeo dehberate la
proceed. 7. The manner of my getting forth
of this hold. — Which Points having taken
amongst you who are the principal actors,
and also as few in number as you can ; the
best resolution in my device is, that yon im-
part the same witii ml diligence lo Beruardiit
de Mendoza, ambassador lieger for the king
of Spain in France, who besides the experi-i
ence he hath of the estate on this side, I may
assure you, will employ himself most willing t
I shall not fail to write to him of the matter
with all the recommendations I can, f.s also I
shall do in any wise that shall be needful;
But you must take choice men for the ma-^
naging of the aiTairs with the said Mendota,
and others out of the realm of some faithful
and very secret, both in wisdom and person-^
age, unto whom only you must commit your*
selves ; to the end things may be kept the
more secret, which fur your own security I
commend to yourself. If your messenger
bring you back again sure promise, and suf-
ficient assurance of the soccotirs which you
demand, then thereafter (but not sooner, for
that it were in vain) take diligent order, that
all those on your part make, secretly as they
can, provision of annour, fit horses, and ready
money, wherewith to hold themselves in a
readiness to march as soon as it shall be sig-
nified unto you by the chief and principal of
every shire : and for the better colourmg of
the matter, reserving to the principals the
knowledge of the ground of the enterprizes,
it shall be enough at the beginning to give it
out to the rest, that the said provisions are
made only for the fortifying of yourselves in.
case of need, against die Puritans of this
realm, the principal whereof having the chief
forces thereof in the Low Countries, as you
may let the bruit go disguiMd^ do seek ihit
1179]
STATE TRIALS, 28 Eliz. \5tiO.—Proeeedmgi against
[iiao
ruin and overthrow ai their return home of
the catholics, and to usurp the crown, not
onlj against me and all other lawful pretenders
thereto, but against their uwn queen that now
is, if she will not altogether suomit herself to
their government. These pretexts may serve
to found and establish among all associations,
or confederations general, as done only for
your preservation and defence, as well in
religion as lands, lives, and goods, against
the oppression and attempts of the said Pu-
ritans ; without directly writing, or giving
out any thing against the queen, but rather
shewing yourbclves willing to maintain her
and her lawful heirs after her, not naming me.
The affairs being thus prepared, and forces in
readiness, both without and within the realm,
then shall it be time to set the gentlemen on
work; taking good order, upon the accom-
plishment of their discharges, I may be sud-
denly traiMtported out of this place, and meet
without tarrying for the arrival of the foreign
aid, which then must be hastened with all
diligence. Now for that there can be no
certain day appointed for the accomplishment
of the said gentlemen's de&ignment, to the
end others may he in a readiness to lake me
from hence, I would that the said gentlemen
had always about them, or at least at court,
divers ancl sundry scouimon, furnished with
good and speedy horses, as soon as the design
shall be executed, to come with all diligeftcc
to advertise mc thereof, and those fthat shall
be appointed for my transporting; to the end
that immediately afler they may \ie at the
place of mine abode, before my keeper can
nave advertisement of the execution of the
said desisnment, or at the least before he can
fortify * himself within the house, or carry
me out of the same. It were necessary to
dispatch two or three of the said advertisers
by divers ways, to the end, if one 1>e btaid the
other may come through : at the same instant
it were needful also to atisay to cut off the pos'ts
ordinary ways. This is the plot that I think
best for this cnterprize, and the order v^ here-
by we shall conduct the same for our com-
mon security : for stirring on this side be-
fore you be sure of sufficient foreign forces,
that were for nothing but to put ourselves in
dimger of following the miserable fortune of
such as have heretofore travelled in the like
actions; and if you take me out of this place,
be well assured to set me in the mid^t of a
good army, or some very good strength, where
I may safely stay till the assembly of your
forces, and arrival of the said foreign suc-
cours. It were sufficient cause given to the
queen, in catching me again, to inclose me
in some hold, out of the whidi I should never
escape, if she did use me no worse ; and to
pursue with all extremity those that assisted
me, which would grieve me more than all the
anhappineis might fall upon myself. Ear-
neitly as you can, look ond take heed most
carehilly and vigilantly to compass and assure
oil 10 well| tbftt ihaU bs aecenary for tht
effecting of the said cnterprize, is with the
grace of God you may bring the same to happy
end ; remitting to the judgment of your prin-
cipal friends on this side, with whom yoa
have to deal, therein to ordain and omclude
upon these points, which may serve you fur
an overture of such propositions as you shall
amongst you find biest : and to yourself ia
particular, I refer the gentlemen aforemen-
tioned, to'be assured of all that should be re-
quisite for the intire execution of tlieir good-
wills. I leave their common resolution u
advice : in case the design do not take hold,
as may happen whether they will or do, do
not pursue my transport, and the execution
of the re^t of the enterprise. But if the mislnp
bhbuld fall out, that you might not come by
me, being set in the Tower of London, or in
any other strength, with strong guard ; yet
notwithstanding, leave not for God*s sake to
proceed in the cnterprize: for I shall at an?
time die most contentedly, understanding of
your delivery out of the servitude wherein
you are holden as slaves. I shall assay, that
at the same time that the work shall be in
hand, at that present to make the catholics
of Scotland to arise, and put my son in their
hands, to the eflect, that from thence our eo^
mics here may not prevail by any succour: 1
would also tlint some stirring were in Ireland,
and that it were laboured to begin some time
before any thing he done here, and then that
the alarm might begin thereby on the flat
contrary side : that the stroke may cooie
from your-designs, to have some general, or
chief head, are very pertinent ; and thcrefort
were it good to send obscurely for the por-
pose to the earl of Arundel, or some ot hii
brethren, and likewise to seek to the young
earl of Northumberland, if be be at libertv,
from over the sea; the earl of Westmoreland
may be had, whose hand nnd name, von
know, may do much in the North parts; alyi
the lord Paget, of good ability in sunne shires
thereabouts : both the one and the otiier ma7
be had, amongst whom secretly somjc mnre
principal banished, may retuni, if the enter-
prize he once resolute. The said lord Pactt
IS now in Spain, and may treat of all tliar, hr
his brother Charles, or directly by himiel^,
you will commit unto him touching the a&ir».
Beware that none of your messengers, that
you send forth of the realm, carry any letters
upon themselves ; but make their dispatches
and send them either after or before them by
some others. Take heed of spies and fake
brethren fhat are anM)ngst you, especiallv ot
some priests, already practised upon by your
enemies for your discovery : and in any fas*
keep never a paper about you, that may in
any sort do harm t for from like crrora hate
come the condemnation of all such as hare
suffered heretofore, against whom otherwise
nothing could justly have been proved. Di*-
cover as little as you can, your names and in-
tentions to the French ambttswlory now bcff
at London; for nUhougby m I nadrntaaO*
1181]
STATE TRIALS, 28 Eliz. \5S6.—nfary Queen qf Scoa.
[1182
' is • very honest gentleman, yet I fear his
' master entertaineth a course far contrary to
' our designment, which may moire him to dis-
' cover uSy if he had any particular knowledge
* thereof. All this while I have sued to change
' and femove firoro this house ; and for answer,
' the castle of Dudley only hath been named to
' ser\'e the turn ; so as by appearance about
' the end of this summer, I tnay go thither :
* therefore advise so soon as [ shall be there,
' what provision may be had about that part,
* for my escape from thence. If I stay here,
' there is but one of these three ways or means,
' to be looked fqr.
* The 1st, That at acertai4i^day appointed for
' my going abroad on horseback on the Mores,
* between this and Stafford, where ordinarily,
* you know, but few people do pass, let fifty or
' threescore horsemen, well mounted and ann-
* ed, come to take* me away, as they may ea-
* sily ; my keeper having with him but eighteen
* or twenty horses, with only dogs.
* The 2nd means, To come at midnight, or
* soon after, and set fire on the barns and sta-
* bles, which you know are near the house ;
' and whilst my guardian servants shall come
* forth to the fire, your company having duly
^ OQ a mark, whereby they may be known one
* from another, some of you may surprize the
* house, where I hope with the few servants I
* h«ve about me, I snail be able to give you cor-
* respondent aid.
* And the 3rd is, Some there be that bring
* carts hither early in the morning, three carts
< may be so prepared ; that being in the midst
* of the great gate, the carts might fall down,
< or overthrow ; that thereupon you might come
* suddenly, and make yourselves masters of
* the house, and carry me suddenly away ; so
* you might easily do before any number of
< soldiers, who lodge in sundry places forth of
* this place, some half a mile, and some a
* whole mile, could come to relieve. Whatso-
* ever issue the mutter taketh, I do, and shall
* think myself obliged, so long as I live, to-
* wards yon, for the offers you make to hazard
< yourself as you do for my deliverance ; and
' by any means that ever I may have, I shall
' do my endeavour to recognize my effects your
* deserts : therein I have commanded a more
' ample alphabet to be made for you, which
' herewith you shall receive. God Almighty
* have you in his protection. Your assured
* friend for ever. Mary, Regina, — Fail not to
' bum this privately and quickly.'
Of this Ijclter she required a Copy, and
affirmed, That it proceeded not from her, but
haply from her Alphabet of Ciphers in France:
That slie had done her best endeavour for the
recovery of her liberty, which nature itself al-
Uiweth, and had solicited her friends to deliver
her; yet to some, whom she listed not to
name,' wlien they offered lier their help to de-
liver licr, she answered not a word. Never-
tbcltiiy she much desired to divert the stonn
of ptneoQtioa from the Catholics, and for this
lh».]Mld.fl9Ad« earoeK suit to the queen: for
her part, she would not purchase the kingdom
with the death of the meanest man of the com*
mon people, much less of the queen: That
tiicre were many which attempted dangerous
designs without her knowledge; and by a very
late Letter, which she had received. Pardon
was asked of her by some, if they should enter*
prize any thing without her privity : That it
was an easy matter to couhterfeit the Ciphers
and Characters of others, as a young man did
very lately in France, which had vaunted him-
self to be her son's base brother: That she
feared also lest this were done now by Wal-
singham to bring her to her death, who, as she
heard, had practised against her life and her
son*s. She protested that she had not so much
as thought the destruction of the queen ; that
she had rather most gladly spend her own life,
than for her sake the Catholics should be so
afflicted in hatred of her, and drawn to cruel
death. And' withal she shed plenty of tears.
But (said the Lord Treasurer) no man which
hath shewed himself a good subject, was ever
put to d^th for Religion ; but some have been
for Treason, while thej: maintained the Pope's
Bull and authority against the queen. — Yet I^
said she, have heard otherwise, and have read
it also in Books set forth in print. — ^The Au-
thors, replied he, of such Books, do write also
that the queen had forfeited her royal dignity.
Walsinghnm, who hath found hmiself taxed
even now by her words, took opportunity, and
risij9g up, protested that h s mina was free from
all malice : I call God, said he, to record, that
as a private person I have done nothing unbe-
seeming an honest man; nor ns I bear the
place of a public person, have I done any thing
unworthy my place. I confess, that being
very careful for the safety of the queen and
realm, I have curiously searched out the prac-
tices against the same. If Ballard had ottered
me his holp, I should not have refused it ; yea,
I would have recompensed the pains lie had
taken. If I have practised any tning with him,
why did he not utter it to save his life }
With this answer, she said she was satisfied :
She prayed him he would not be angry, that
she had spoken freely what she had heard re-
port^ ; and that he would give no more credk
to those that slandered her, than she did to such
who accused him: That Spies were men of
doubtful credit, v»hicli dissemble one thing, and
speak anotlier; and that he would in no sort
believe that she had consented to the queen's
destruction. And now again she burst forth
into tears; I would never, said she, make
shipwreck of my soul, by conspiring the de-
struction of my dearest sister.
It was answered by the Lawyers, that this
should soon be disproved by Testimony. Thus
far in the forenoon.
In the afttirnoon, to disprove tliis, wag pro-
duced tlie Copy of a Letter which Charles
Paget had written; and Curie, one of her
secretaries, had witnessed that slie had re-
ceived ; touching a Conference betwixt Men-
dozA and Ballard, about the design for iavading
3183]
OTATE TRIALS, 28 Elu. ISSe.-^Proceedings i^ainH
[1164
0( EngUnd, and setting her at liberty.-^This,
uoswered stie, was uothing to the purpose, and
proved uot that she bad consented to the de-
Mruction of the queen.
The Lawyers proceeded further, to prove
that she was both privy to the Conspirac?, and
conspired also the Destruction of the queen,
by Babingtou's Confession, and Letters aUo
that had passed betwixt her and him ; wherein
he called lier, his most dread and sovereign
■lady, and qoeen : And by the way, thfy men-
tioned that a Plot was (aid for conveying the
kingdon of England to the Spaniard. She
confessed, that a priest came unto her, and
■eaid, Tliat if she would not intermeddle, she
juid her sou both should be eicludcd from the
inheritance ; bat the priest's name she would
not tell. She added, that the Spaniard did lay
claim to the kingdom of England, and would
not gi\'e place to any but to her.
Then pressed they her with the Testimonies
of her Secretaries Nnw and Curie, out of Bab-
iogtou*s Confession, and the Letters sent to
and fro betwixt her and Babington, and the
whole credit of tlieir Proofs rested upon their
Tetttimony ; yet were not they produced before
Jier face to face. Curie she acknowledged an
huucst man, but not a meet Witness to be
against her. As for Naw, he had been some-
times a Secretary, suid she, to the cardinal oi"
Lorain, and commended unto her by the
French king, and might easily be drawn either
by reward, or hope, or fear, to hear false wit-
ness, as one that had sundry timc3 rashly bound
hinijteif by oatl^ and had Curie so pliable onto
him, that at his beck he would write wiiat he
bade him. It might be that these two might
insert into her Letters, such things as she had
not dictated unto them. It might be also that
such Letters came to their hands, which not-
withstanding she never saw ; and so she brake
forth into such words as these ; llie majesty
and salety of all princes faiieth to the grouncf,
if they depend upon the Writings and Testi-
mony of Secretaries. I delivered nothing to
them but what nature delivered to roe, that I
niiglii at length recover my liberty. And I am
not to he comicted but by muie own Word
or W'ritii>g. If they have written miy thing
which may be hurtful to the queen my sister,
they have written it altogether without my
knowledge ; and let ttiem bear the punishment
of their inconsiderate boldness. Sure I am, if
they were liere present, they would clear me of
all blame in this Cause. And I, if my Notes
were at hand, could answer particularly to
these things.
Amongst these Speeches, the Lord Trea-
surer obiected unto her, that site had purposed
to send nerson into Spaiu, and to convey licr
Title she claimeth in the kingdom of England,
to the Spaniard. — To whom she answered,
That blie had no kingdom which she could con-
vey, yet was .it lawful for her to give those
things which were hers, at lier pleasure, aud not
to be accountable for the same to any.
When her Alphabets of Ciphers, sent over to
Babington, the lord Lodouic fend Femilinr^t,
were objected unto her out of Curie's Testi-
mony ; she denied not, but sbe had written out
many : and amongst others, that for the k)rd
Lodouic, wlien site had commended him and
another to the dignity of a Cardinal ; and tkit
without oifcnce, (she trusted) for that it was as
lawful for her to have intercourse of Letters,
and to negotiate her matters with men of her
Religion, iib for tiie queen with the prot'essors ot'
anotlier religion.
Then pressed they her hard with the con-
senting Testimonies of Naw and Curie reite-
rated : and she reiterated her Answers, or else
refelled their Testimonies by a flut denial; pro-
testing again, that she neither knew Babingtoa
nor Ballard.
Amongst these Speeclies, when the Lord
Treasurer had mentioned, that she knew Mor-
gan well, which had sent Parry privily to mur-
der the cjueen, and that she had assigned him a
yearly pension ; she replied, that she knew not
whether Morgan had dune so, but she knew that
Morgioi had lost all for her sake, and therefore
it conceited her in honour to relieve him ; and
she was not bound to revenge an Injury done
the queen, by a friend, that iiad deser%'td well
at lier handls? yet had she terriAed the man
from such wicked attempts : iHit contrarywise
(said she) Pensions have been assigned out ot'
England to Patrick Gray, and to the Scots my
adversaries, as also to my son.
The Lord Treasurer answered, When the
revenues of Scotland were by the negligence of
the regents much dimini>hed, the queen he-
stowed somewhat in bounty upon your son the
king, her near kinsman.
Afterwards were produced the chief points
of certain Letters sent to England, and the lord
Paget, and to Rernardine de Mcndoza, about
foreign aid. But when she had answered,
That these things made not to tlie destruction
of the queen ; and if foreigners laboured to »et
her at liberty, it was not to be laid to her
charge ; and that she had sundry times openly
signitjed to the queen, that she would seek hor
own liberty : the matter was prorogued till the
next day following;.
The neit day she returned her former Pro-
testation, and required to have it recorded, and
a Copy thereof delivered lo her, lamenting, that
the most reasonable condition*, which she had
many times propounded to the queen, were al-
ways rejected, even when she promised to de-
liver her son and the duke of Guise's son for
hostages, that the queen or kingdom of Eng-
land should receive no detriment by her, so a«
she saw herself alieady quite barred from s'i
hope of her liberty. But now she was mn?t uu-
worthily <lealt withal, whose honour an«l repu-
tation was called in question before tureign
lawyers, which by wretched conclusions drew
every circumstance into a consequence ; where-
as princes anointed and consecrate are notsah-
ject to the same laws that private nen srr.
Moreover, whereas authority was grtnted to
the CommiisioBcrs, to examine matlBrtlriidiiS
IIS5]
STATE TRIALS, 28 Eliz. 1536.— iJfary Sueen qf Scots.
[1186
to the hurt of the queen's person : yet was the
l.-aijsc so handled, and Letters wrested, ihtit
tlie religion which she prufcssed, the iinniunity
«nd majesty of foreign princes, and the private
intercousre betwixt prnjceswere called in ques-
tion, and she liersclt* made to descend* bcnrtith
ber royal dignity, and to appear as a party
guilty before a tribunal seat : and all to no
other purpose but that she might be quite ex-
cluded out of the queen's favour, and her own
right to the succession ; whereas she appeared
voluntarily to clear herself of the matters ob-
jected against her, lest she might seem to have
neglected the defence of her own honour and
innocencv. She called albo to remembrance,
l]0(v qutren Elizabeth herself had been drawn
in question about Wyat's Conspiracy,* whereas
Jioi withstanding she was mo»t innocent: reli-
giously affirming, that tbotigh she wished (he
safety of the Catholics might be provided for ;
vet would she not that it should be eifected
^with the death and blood of any one. For her
part, she had rather play Hester than Judidi ;
make intercession to God for the people, th:in
deprive the meanest of the people of lite. JShe
expostulated, that her enemies had divulged
al>road that she was irreligious ; but the tnne
was (said she) when I would have been instructed
in the Protestant Religion, but they would not
sunfcr me to be so, as if they cared not what
herame of my soul. And now-concluding,
>Vhen ye have done all yc can (said slie)
against me, and have excluded mc from my
rijiht, ye may chance fail of your cause and
hope. And withal making hei' appeal to God,
and to the princes her kinsmen, and roncving
her Protestation, she prayed lliat there might
be another meeting about thi> matter, and that
an advocate might be granted unto her to plead
her Cause; and that seeing she was a princess,
she might he lielieved in the word of a princess:
For it were extreme folly to stand to their
judgement, whom she saw most plainly to be
armed with prejudice against her.
To these things tha Lord Treasurer said.
Whereas I bear a double person, one of a
Commissioner, another of a Counseller, receive
first a few words from me as a Commissioner.
Your Protestation is recorded, and a Copy
tlicreof shall be delivered unto you. To us our
authority is granted under the queen's hand,
and the great seal of England, from which
there is no appeal ; neither do we come With
prejudice, but to judge according tb the exact
rule of justice. The queen's learned Counsel
do lc\'el at nothing else but that the truth may
come to light, how far you have olVcnded
asainst the queen's person. To us lull power is
given to hear and examine the matter, even in
your ab»ence ; yet were we desirous you should
be present, lest we might seem to have dero-
gated from your lionour ; We purposed not to
object any thing unto you, hut what you were
privj to, or have attempted against the ({ueen':»
person. The Letters have been read to no
• See No, 51.
VOL, I.
I other purpose, but to discover your offence
, against the queen's pe'rson, and the ni:itiers to
I it belonging, whicli are so interlacid with oiher
! matttrs, that ihey cannot be severed.' The
I •
I whole Letters therefore, and not parcels picked
out here and there, have been openly read, for
that tiie circumstances do give nssuniiice, what
matters you dealt'v\i(h Babingtoii about.
She interrupting him. said, 1 he circumstances
may be proved, but never the tact : iier inte-
grity depended not upon the credit and me-
mory ol her Secretaries, though ihe knew thtm
to he honest and sincere men. Yet if iht y
have confessed any thing ont OJ Tear ot lor-
ments, or hope of reward and nnpimity, it was
not to be admitted, for just causes, which nhe
would alledge elsewhere. Men's mimN, said
she, are diversly carried about with afT^ctionSy
and they would never' have conte»sed iiucli
matters against her, hut for their own advaii-
tsige and hope. I^Hters may be directed to
others, than tiio&e to whom they are written,
and many thing* have been oiten ins^eried,
which she neyer dictated. If her papers lud
not been taken away, and she had ber Secre-
tary, she could belter confute the things ob-
jected against her.
But nothing, said the Lord Treasurer, shall
he objected, but since the 19ih day of June;
neither will your Papers avail you, seeing your
Secretaries and Babington hiniself, being never
put to the rack, have affirmed that you sent
those Letters to Babington ; which though you
deny, yet whether more credit is to be given to
an attjrmation than lo a negation, let tlie C'o:n-
missioners judge. But to return to the iniuiere
this which followeth, 1 tell you as a counsellor;
many thinj^s you have propounded time alter
time concerning your liberty ; that they have
fdlcd of success, it is long of you, or of the
Scots, and not of the queen. For the Lords
ofScotland flatly refused to deliver the king in
hciStajje. And when the last Tieaty was holdr u
concerning your liberty. Parry v^as sent piivily
by Morgan, a dependant of yours, to murder
the queen.
Ah (said she) you are my adversary. Yea
(said he) I am adversary to quec*i Flizabeili's
adversaries. But herenf enough, let us novr
proceed to Proofs. Which when she refu'^ed
to hear; Yet we (said he) will htar thent: and
I aho (said she) will hear ti.cin in imother placi,
and defend mv^elf.
Now were read again her Letters to Charles
Paget, wherein slrj shev\ed hnn that there, wn*
no other way for the Spaniard to reduce the
Netherlands to obedien<'e, but by setting up u
prnice in Kngltmd that might be of use unto
hi III ; and to the lord Pag(>r, to ha«>ten hisanx-
liary t<i>rccs to invade Knuhuul : and cardinal
Allen's Letter, whercio he called ht r his mo>t
dread sovereign lady, and signified that the
matter was commended to the prince of Par-
ma's care.
As these Ix'tters were in reulin^, she inter-
posed tl)ese Speeches: Thai Bahinvion ami I>«t
Secretaries had accused her lo excuMi iheui-
4 c
1187]
Sl'ATE TRIALS, 28 Eliz. \ 5S6. -^Proceedings agatrui
[ns¥
Reives; thai slie never heard of the six Execu-
tioner:*, niiit tluit the rest made nothing to the
puqiodc. As I'ltr Allen, bhc held him for a
reverend prelate; and she acknowledged no
other Head «'f the C'hiu'ch, but the bishop of
Home, in what r:ink and place she was es-
teemed by him and foreign princes, she knew
not ; neither could she hmder it, if in their let-
ters they, called her queen of En^^land. As for
her Secretaries, seeing they had done con-
trary to their duty and allegiance sworn unto
her, they desert e<l no- credit. They which have
once forsworn themselvts, though they swear
agtfin with never so great oaths and protesta-
tion^, arc not U) be credited. Neither did
these men think themselves bounden by any
oath whatsoever in court of conscience, foras-
much as they had swoi n their fidelity and se-
crecy to her before, and were no subjects of
England. I'hnt Naw had many times written
oihenvitc tlian ^he had dictated unto liim, and
Curie wrote whatsoever Naw bade him. But
for her part she was willing to bear the burden
of their f.iult in all things, but what might lay
a blot upon her honour. And haply also they
confessed the?c things to save thcmselveis; sup-
posing that tlic^ could not hurt her by confes-
sing, who tJioy thought should be more favour-
ably dealt withal as being a queen. As for Bal-
lard, she never heard of any such, but of one
liallard, which had oifered her his help; which
notv^ithstandini!, she had refused, tor that she
had heard thut the same man had also vowed
his service to WaUiuglmm.
Afterwards were read certain brief Notes of
her Letters to Mendozu, which Curie had con-
fessed he had written in privy Cipher.
< I find myself greatly troubled what course
* to take a-new, for tlm affairs on this side the
' sea ; Charles Paget hath a charge fn^m me to
' impart unto you certain overtures in my
'behalf; thereupon I pray you deliver him
' freely, what you think may be obtained
' thereof, from the king yuur master. There
* is anottier point depending thereof, which
* 1 have reserved to write to your ownself,
* for to be by you sent untu the king your
* master on my behalf, no man else, if it
* be possible, being privy thereunto ; that is,
' that considering my son's great obstinacy in
* Heresy, and foreseeing hereupon the immi-
< nent danger and harm like to ensue to the
* C -aiholic Church, he coming to the Succession
* of this realm, 1 have resolved with myself, in
< cu:$e my said son do not reduce himself before
* my death to the Catholic Religion, (as 1 nmst
' tell you plainly, I have small hope so long as
* he shall remain in Scotland) to give and grant
* my right to the said king your master, in the
* 8ucce»sion of this crown, by my last Will aud
* Testament ; praying him in consideration
< hereof fnjm this time forward to take me
' wholly into his protection, likewise the state
' and ^Ifairs of this country : the whi(*h for div
' charge of my conscience, I cannot tliink I
* can put into tlie hands of a prince more zea-
' lous of our Reli|^ioD, and able ux all respects
' to re-establish the same on this side, as it
' imports all the rest of Christendom. Let this
' be kept secret, forasmuch as if it come to be
* revealed, it should be in France the loss of
' my dower, in Scotland a clear breach with my
' son, and in this country my total ruin and de-
' struction. — Thank on my behalf the said king
* your master, for the favour and liberality ex-
' tended to the lord Paget and his brother,
' which I pray him most earnestly to continue,
' and to gratify fur my sake with some penstoo
' poftr Morgan, who hath so much endured not
* only for me, but for the comoton cause. — I
' recommend likewise unto you Fulsambe
' (whom you know) to help him to soinesupply,
' above the Entertainment that I have allotted
* him, according to the small means 1 have.'
Out of these she was pressed as if she had
purposed to convey her Right in, the kingdom
to the Spaniard, and that Allen and Parsons
lay now at Rome for that cause. She com-
plaining that her Secretaries had broken their
allegiance bound by oath, answered, Whea
being prisoner I languished in cares without
liope of liberty, and was without all hope to
ei^ect those things which very many expected
at my hands, declining now through age and
sickness; it seemed good to some, that the
Succession of the Crown of England should be
established in the Spaniard, or some English
Catholic. And a Book was sent unto nie to
avow the Spaniard's Title ; which when it was
not allowed by me, I incurred displeasure
among some : But now all my hope in England
being desperate, 1 am fully resolved not to reject
foreign aid.
The Solicitor put the Commissioners in mind
what would become of them, their honours,
estates and posterities, if the kingdom were so
conveyed. But the I-.ord Treasurer slie«ed
that the kingdom of England could not be con-
veyed, but was to descend by Right of Suc-
cession according to the laws ; and asked ber,
if she would any more.
She required that she might be heard iu a
full narUamcnt, or that she might in pers<tD
speaK with the queen, who would (she hopedi
have regard of a queen, and with the council.
And now rising up with great confidence of
countenance, she had some conference with the
lord treasurer Hatton, Walsingharo, and ibe
earl of Warwick, by themselves apart.
Froteediniis in the Star Chamber.
Those things being done, the a^jscmhly was
prorogued to the 25tli of October, at the S:ar-
Chamber at Westminster. Thus far touciiinjc
this matter out of the Commentaries of ELdward
Barker, principal Register to the queen's uiar
jesty ; Thomas Wheeler, public Notary, Rrgi>ier
of the AudicMicc of Canterbury ; and otl»fr
credible persons which were present.
The said 25th day of October, all the Com-
missioner!, met, saving the carls of Shrtwsbuit
and Warwick, which were both of tlieni sick at
that time ; and afler Naw and Curie bad by
oatli^ viv voce, voluntarilj witboat hope oi
1189]
STATE TRIALS, 28 Eliz. 1580.— 3ftfry Shteen qf Scots.
[1190
reward, before them avowedly affirmed and
confirmed all and every the Letters, and Copies
of Letters, before produced, to be most true;
Sentence was pronounced against the queen of
Scots, and (confirmed with the seals and sub-
scriptions of the Commissioners, and recorded
in these words : * By their joint assent and con-
sent, they do pronounce and deliver their Sen-
tence and Judgment, at the day and place last
recited ; and say, That after the end of the
aforesaid session of parliament, in the Com-
mission aforesaid specified, namely after the
•foresaid Ist day of June, in the ^fth veur
abovesaid, and before the date of the same
Commission, divers matters have been com-
fiassed and imagined withiu this realui of £ng-
and, by Anthony Babiiioton and others, cum
,$cientia, in English, v^ith the privity, of tlie
said Mary, pretending title to the crown of
this realm of England, tending to the hurt,
death and destruction of the royal person of
our said lady the queen. And namely, That
after the aforesaid 1st day of June, in the 27th
year abovesaid, and beft)re the date of the
Commission aforesaid, the aforesaid Mary pre-
tending title to the crown of thi^ realm of
England, bath compassed and imagined within
this realm of England, divers matters tending
to the hurt, death and destruction of the royal
person of our sovereign lady the queen, contraiy
to the form of the statute in the Commission
aforesaid specified/
Concerning tliis Sentence, which depended
wholly upon the credit of the Secretaries, and
tbey not brought forth face to face, according
to the first Act of the 13th year of queen
Elizabeth, much talk there was, and divers
Speeches ran abroad ; while some thought
tliem credible persons, and some unworthy to
be credited. I have seen Naw*s Apology to
king James, written in the year 1605 ; wherein
laboriously protesting, he excuseth himself,
that be was neither author, nor persuader, nor
the first revcaler of the Plot that was under-
taken, nor failed of his duty through negligence,
or want of foresight; yea, that this day be
stoutly impugned the chief poinu of Accusa-
tion against his lady and mistress : which not-
withstanding appeareth not by Records. But
the same day was there a Declaration made
by the Commissioners and Judges of the land,
That the said Sentence did derogate notliing
from James king of Scots, in title or honour,
but that he was in the same place, degree and
right, as if the same sentence had never been
pronounced.
Proceedings in Parliament,
Some few days ader, a Parliament was
bolden at Westminster, begun by virtue of a
obtain power of vice-gerency, granted by the
que«n to the abp. of Canterbury, the Lord
Treasurer, and the carl of Derby, and tliat not
without precedent. In which Parhameut the
Prescription of the lord Paget, Charles Pa^et,
sir Francis Englefield, Francis Titrockmorton,
Anthony Bahiagton, Thomas Salisbury, Ed-
ward Jones, Chidiock Titchbourne, Charles
Tilney, and the rest of the Consnirators, was
confirmed, and their goods ana po«)SCSsiotiS
confiscate. The estates also of tiie rcutlm,
which had by their voices npproveil and con-
firmed tlie Sentence given ngiunst i he queen of
Scots, did with joint assent put up a Supplica-
tion to the queen by the hands of the lord
chancellor, as follows : .
* May it please your most excellent majesty,
our most gracious sovereign, we your humble,
loving and faithful subjects, the Ix)rds and
Commons in this present Parliament mscm-
bled, having of long time to our intolerable
grief seen by how manifold most dangerous
and execrable practices, Mary the daughter
and heir of James 5, late king of Scots,
dowager of France, and commonly called
Queen of Scots, huth compassed the Destruc-
tion of your ninjesty's sacred and most royal
person, in whose safety (next under God) our
chief and only felicity doth consist; and
thereby not only to bereave us of the sincere
and true lleligion of Almighty God, bringing
us and this noble crown back again into the
thraldom of the Romish tyranny, but also
utterly to ruinate and overthrow the happy
tState and Commonweal of this most noble
realm ; which being from time to time by the
great mercy and providence of Grod, and your
highoess's singular wisdom, foreseen and pre-
vented, your majesty of your exceeding great
clemency and princely magnimimity liuth
either most graciously passed over, or with
singular favour tolerated, although often and
instantly moved by your most loving and
fiiithful subjects to the contrary, in times of
your ParUaments, and at many other times ;
and hath also protected and defende^l the
said Scotish queen from those great dangers
which her own people, for certain detestable
crimes and offences to her imputed, liad de-
termined against her: all which notwitlistaiid-
ing, the same queen was nothing moved with
these and many other your majesty's roost
gracious favours towards her ;* but ratlier oly-
durate in malice, and by hope of continual
impunity imboldened to prosccilte her cruel
and mischievous determination by some
speedy and violent course ; and now lately a
very dangerous Plot being c<uiceived and
set down by Anthony Babiugton and others;
That six desperate and wicked -persons should
undertake that wicked and most horrible en*
terprize, to take away your majesty's life,
(whom God of his infinite mercy long pre-
serve) she did not only eive her advice and
direction upon every point, and all circum-
stances concerning the s:mie, make earnest
request to have it performed with all dili-
gence, but did also promise assurance of lar^e
reward and recompence to the doers thereof:
wliich being informed to your majesty, it
pleased your highness, upon the earnest stiit
of such as tendered tlie safety of your royal
person, and the good and quiet state of this
realoDy to direct your Commissiiiia und«x ^k^%
STATE TRlAI;i?,' 2REuz. loSG.-^Procccdingjt agamst
1191]
{^lejit srnl of Enjiland, to tl;e lords and oiliors
ot' v«»ur hiulinort's privy connril, luid certain
oilier lords of f arliaiiK.nt ot'ilio iirontci^c and
imiht aiitifiit <!cj;rcc, with suti^e of your prin-
cipal )u i^K*", to tx:iinini', lu-ar and dtterndnu
il»c *ianie cjIIsc, and tiit rcnpon lo give ben-
trncr (jr Jiid^inent according to a &t;\tnte in
thai Utlialf, ur.idc in iht* 27(l> vt*:ir of vonr
iii"sl ^iucn)Us reis;n : hy virtue wlitreof, I he
njore patt ot i1k» !fanic Conunisfcioners, Ixm:;^
in nundicr .*](», havintj; nt sundry rifncs fnllv
heard what \\.i-> alltdged and proved aj;ainst
tlie said Scotish cpiecn in lier own prt bcncc,
touching the s nil Crimes and Offences and
what >hc could ?»av for her Defence and Kx-
cuse therein, did after loni^ deliberation give
their Sentence and jud^nient with one con-
sent, that the Death und'Destrnction of your
royid person wiis imagined and compasstHl by
tlie said A. it bony Habington, with the privity
of the same Scoti^h ({Heen : and that she
bciself did also compass and imagine the
death and de>trurtion of vour most royal
per^-on. Now tor ar» much as we your ma-
jesty's most humble, loyal and dutiful siib-
ji.ci«i, repre-»ent:ng unto your iu!)St excellent
maiestv t'-.e universal stale of voiu* whole
peojJc vi' all degrees in this your realm, do
well peice ve, and are fully satisfied, that the
same Sentence and Judtcment is in all things
most honourable, jult and lawful ; and having
carefidly and etfectually. according to our
most bounden duties, weighed and considered
upon what ground and cause so many traitor-
ous compl )t«!, and dangcrou** practices against
your most royal person and estate, and for
the invading of this realm, have for the
space of many years past growji ami pro-
ceeded, do certainly lind, and are umloubt-
edly persuaded that all the same have been
from lime to time attempted and pi*actised,
by and from the .Scoiish queen, and by her
c«in federates, ministers and favourers," who
conceive an a.-^sured hope to atchieve speedily
by your majpMy^ untimely death that v.bich
they ba\e hmg expected, and whereof dnriniz
your life (which (Jod lonu preserve lo our in-
estimable comfort) they despair ; lo wit, to
place her the said Scotish queen in the im-
perial afid kingly ^'cat of this reahn, and by
her 10 bani>h and destroy the professors and
prolessmg of tiie true Kdigion of Jesus
Christ, and the antient nobility of this land,
and to brini^ this whole stare and cominon-
we?d to foreign siibjection, and utter ruin and
confusion: *vliich their mabrious and trai-
torous purpo^^c t'uy will ne\er cease to pro-
si'cute hy idl possible means thry can, so
long as they may have tJj- ir eyes and imagina-
tions fixed upon tint lady, the oidy cround
of their tKMH'jnable hope and conceits, and
the only beed-phit of all dangerous and trai-
toruU'^ devices and praciices against yoursa-
creil person. And seeing n\^) what insolent
buldnc.'^s it grown in the heart of the 8:ime
queen, ihrougii your maje&ty*8 fonner exceed-
ing favours and cieincncies towards her ; and
[1102
thereupon weighing with heavy and sorrow-
fnl hearts, in what ci>ntinual peril of such
liKe desperate conspiracies and practices
your majesty's most royal and sacred person
and life (more dear unto us than our own) is
and shall be still, without any possible means
to prevent it, so long as the said Sanish
(piccu shall be sut^'ered to continue, and shall
not receive thai due puni!?bment, which by
justice, and the laws of this your reidin, she
iuith so often and so many way^ for her
most wickefl and detestable offences desen-
ed : Therefore, and for that we find, that if
the said lady sliould now escape the due and
deserved puni>bment of Death for these her
most execrable Treasons and Oft'encts, your
bighuej^'s royal person shall he exposeci un-
to many more, and those more secret and
dangerous Conspiracies than before, and
such as shall not or cannot be foreseen,
or discovered, as these her late attempts
have been ; and shall not hereaAer he
so well able to remove or take away the ground
and occasion of the same, as now by justice
may or ought to be done t We do most humbly
beseech yonr most excellent majesty, that as
well in icspect of the continuance of the true
religion now professed amongst us, and of the
safety of your most royal person and estate, as
in regard of the preservation and defence of u$
your most loving, dutiful and faithful subjects,
and the whole commonweal of this realm; it
may please your highness to take speedy or-
der, Thiit declaration of the same sentence
and judgment -be made and published by
proclamation, and that thereupon direction
beg"i\en for further pioccedings against the
said .^^cotish queen, according to the effect
and true meaning of the said statute : B€-
cause upon advised and great consultation,
we cannot finrl that there is any possible
means to provide for your majesty's safety,
bnt by the just and speedy execution of the
^ said queen, the neglecting whereof may pro-
* cure the heavy di>pleasure and punishment of
Almii^bty God, as by sundry severe examples
of bis trreat justice in that behalf left us in
the sacred scriptures doib appear. And tf
the same be not put in pre3ent execution, we
your most loving and dutiful subjects shall
thereby (so fiir as man's reason can reach)
be brought into utter despair of the continn-
ance amongst us of the true religion of Al-
mighty God, and of your niajcsiy's life, and
the safety of all yonr faithful subjects, and
the good estate of tliis most flourishing com-
monweal.*
The <^ueen, with great majesty of counte-
lance and \oice, answered to this purpose:
So many and so great arc the bottondcn
graces, and immeasur.ibic l»enefits bestowed
up(m me by the Almighty, that I must not
only most humbly acknowledge them as he-
nehts, but admire them as miracles, beinc ■&
no sort able to express them. And though
there liveth not any that may more justly ar-
kaowledgc biiDs^f bound to God tbao I|
1193]
STATE TRIALS, Q8 Eii2..1586.--.ilfaty Queen qf Scots.
[1194
whose life he hath miraculously preserved
from so many dangers, yet am I not more
deeply bound to ^ive him thanks for any one
thing, than for tins which I will now tell you,
and which I account as a miracle : Namely,
that as I came to the crown with the most
hearty good-will of all my subjects, so now
after 28 years reign, I perceive in them the
same, if not greater good>will towards me ;
which if I once lose, well might I breathe, but
never think I lived. And now though ipy
life hath been dangerously shot at, yet I pro-
test there is nothing hath more grieved mc,
than that one not differing irom me in sex,
of like rank and degree, o( the same stock,
and most nearly allied unro me in blood,
hiith fallen into so grent a crime. And no
far have I been from bearing her any ill-will,
that upon the discovery of certain treasona-
ble practices against me, I wrote unto her
secretly, that if she would confess them by a
private letter unto myself, they should be
wrapped up in silence. Neither did I write
thus in mind to entrap her, for I knew then
as much as she could Confess. And even
yet, though the matter be come thus far, if
she would truly repent, and no man would
undertake her cause against me, and if my
life alone depended hereupon, and not the
safety and welfare of my whole people, I
would (I protest unfcivnedly) most williiigl^
pardon her. Nay if England might by my
death attain a more flourishing estate, and a
better prince, I would most gladly lay down
my life : For, for your sakes it js, and for my
people's, that I desire to live. As for me, I
see no such great cause why I should either
be fond to live, or fear to die. 1 have had
good experience of this world, and I know
what it is to be a subject, and what to be, a
sovereign. Good neighbours I have had,
and I have met with bad; and in .trust I
have found treason. I have bestowed bene-
fits upon ill deservers; and where I have
done well, have been ill requited. While I
call to mind these things piist, behold things
present, and expect things to come, I hold
them happiest that go hence, soonest. Ne-
vertheless against such mi&chiefs as these, I
put on a better courage than is common to
my sex, so as whatbpever befall me, death
shall not take mc unprepared. — And as
touchiag these Treasons, I will not so preju-
dicate myself,' or the laws of my kingdom, as
not but to think that she having been the
contriver of the same treasons, was bound
and liable to the antient laws, though the late
act had never been made ; which notwith-
standing was no ways made to prejudice her.
•S) far was it from being made to entrap her,
that it was rather intended to forewarn and
terriff her from attempting any thing against
it. But seeing it was now in force of a law,
I thought good to proceed against her ac-
cording to the same. But you lawyers are
so curious in scanning the nice points of the
law^ and following of^ precedents and form,
rather than expounding the laws themselves,
that by exact observing of your form, she
must have been indicted in Staffordshire, and
have holden up her hand at the* bar, and
have been tried by a jury of twelve men A
proper course forsooth of trial against a prin-
cess ! To avoid therefore such abburdities^
I thought it better to refer tlie examination
of so weighty a cause to a good number of
the noblest personages of the land, and the
judges of the realm ; and all little enough.
For we princes are set a^ it were upon stages,
in the sight and view of all the world. The
least spot is soon spied in our garments,
a blemish quickly noted in our doiug.^. It
behoveth us therefore to be careful tbit our
proceedings be just and honourable. But I
must tell you one thing, that by this last act
of parliament you have brought roe to a^nar-
row strcighr, that I must give order for her
death, which is a princess most nearly allied
unto me in blood, and whose practices against
me have stricken me into so great grief, that
I'have been glad to absent myself from this
parliament, lest I should increase my sorrow
by hearing it spoken of, and not out of fear
of any danger, as some think. But yet I will
now tell you a secret (though it is well kno>vii
that I have the property to keep counsel) :
It is not long since these eyes of mine saw
and read an oath, wherein some bound them*
selves to kill mc within a month : hereby I
see your danger in me, which I will be very
careful to avoid.— Your Association for n\j
safety I have not forgotten, which I never so
much as thought of, till n great number of
hands, with many obligations, were shewed
me ; which as I do acknowledge as a strong
argument of your true hearts, and great zetu
to my safety, so shall my bond be stronger
tied to a ^eater care for your good. But
forasmuch as this matter now in hand is very
rare, and of greatest consequence, I hope
you do not look for any present resolution;
for my manner is, in matters of less moment
than this, to deliberate long upon that which
is once to be resolved. In the mean time I
beseech Ahnighty God to illuminate my
mind, that I may foresee that which may
serve for the good of his church, the prospe-
rity of the commonwealth, and your safety.
And that delay may not breed danger, we
will signify our resolution with all conveni-
ency. And whatever the best subjects may
expect at the hands of the best princes,
that expect from me to be performed to the
full."
The twelfth day afler when she had tho-
roughly weighed the matter in her mind, being
distracted with doubtful cere and thought, and
as it were in some conflict with herself what to
do in so important a business, she sent the
Lord Chancellor to the higher house, and Puck-
ering to the rest in the lower house; praying
them to enter into a new consideration upon
so weighty a matter, and to devise some better
remedy, whereby both the queen of SoiMi "I*^
1195]
fTATE T|IIALS, 2S Eliz. l5S6.^Proceedmg8 e^gainst
[ll&Q
might be spared, and her own security provided
for.
After much and longdchhcration, t^icy judg-
ing that both the welfare and hurt of the prince
belongeth to all, concurred again with one
voice in the same opinion, and that fur these
I Cau£K*s: For thai the queen's safety could not
j be secured m Ioii<; its tlie queen of Seats hved,
uiilciis she cither ^eriously repented and ac-
knowledged her ofTence, or were kept with a
more strci^ht guard, good assurance being
t^iveii by bond and oatli for her good demean-
our, or delivered hostages, or else departed the
realm. As for her llepentmice, they were out
of all hope of it, considering tliat she had ill
requited the queen which had saved her life,
and did not yet acknowledge her fault. As for
a surer guard, streighter custody, bonds, oath,
•nd hosta;;cs, they held them all as nothing, for
that tl>e queen's Ht'e being once taken away,
these would presently vanish. And if she
should depart the realm, they feared lest she
would presently take anns to mvade the same.
These Heasuns the Lord Chancellor, and
Puckering, Speaker of the lower house, opened
more at large, in the manner following.
'* Unless execution of this just Sentence be
done : 1. Your majesty's Person cannot any
while be s;ife. 2. The Keligion cannot long
continue anunig us. 3. The mo'^t flourishing
present .state of this realm nmst >hortly receive
a woful fall. 4. And consequently, in sparing
her, your majesty shall not only give counige
and hardiness to the enemies of God, of your
innjesty's self and of your king<iom; but shall
discomfort and daunt with despair the hearts of
your loving people ; and so desi-rvedly provoke
the heavy hand and wrath of God.
" And that sunnnarily fur the Reasons ensu-
ing : 1. For as much as concerns the Danger
of your majesty : Both she and her favourers
think she liath ri|;ht, not to succeed, hut to
enjoy your crown in possession ; and therefore
as she it a most impatient competitor, (ac-
quainted with blood) so will slie not spare any
means that may take you from us, being the
only lett, that she enjoyeth not her desire. —
She is hardened in malice against your roy:ti
f>erson, notwitlistanding that you have done
ter all favour, mercy, and kindness; as well
in preserving her kingdom, as saving her
life and Iionour. — And therefore there is no
place ft)r mercy, where there is no hope of
amendment, or that she will dcsi^^t fn»ni most
wicked attempts. — The rather, for that her
malice appeareth such as that she niaketh, as
It were, her testament of the same, to be ex-
rruted at\er her death, and appointcth her
executors to perform the same. — She nliirmeth
it lawful to move iuvasion : then^lore, as of
invasirtn victory may ensue, and of \iciory the
death of the 'v;i:i(]uished ; so di)Ui she not
obs( urely protVss it lawful to destroy you. —
She holds it not only lawful, but honourable
also and meritorious, to take your life, &c.
being deprived of your crown by her holy
faihor, and iherefurc iht will (as iw hath con-
tinually done) seek it by all means whatsocter.
— She is greedy of your death, and preferreth
it before lierovin Ufe: For in her late directioa
to some of her complices, she willed, * What-
soever became of her, the Trai^ical Execution
should be performed on you.* There is bj
so much the more danger to your person since
the sentence than before, by bow much it be-
hovith them, that would presenc her ut ad-
vance her, to hiisten your death now or ncTer
before execution done upon her; as knowipg
that you, and none else, can give direction tor
her death, and that by your death the sentence
would lose the force of execution, and oiberwite
the^ should come too late if they take not the
present opportunity to help her. — Her friends
nold invasion unprofitable ivbile you live, aod
therefore in their opinion yuur death is first
and principally to be sought, as the most com-
pendious way to ruin the realm by iuvasion.—
Soiue of the eldest and wisest papists Mt it
down for a special good drift to occupy jou
with conceit, that the preservation of her hk
w tlie safety of your own ; and therefore }ou
may be assured, that they verily think that her
life will be your death and destruction .^2.
For as much as concerns Religion : It is most
perilous to spare her, who hath continusliT
breathed the overthrow and suppression of tiie
siime; being poisoned with popery froin ber
tender youth, and at her age joining in tbst
false-termed Holy-League, and e^er since tod
now a professed enemy of the tnitli. She rcfic^
wholly upon popish hopes to be delivered acd
advanced, and so devoted and doted in that
possession, that slie tull (as well for satisfactioi
of others, as feeding her own humour) snppbiDt
the gospel where and whensoever she may.
Which evil is so much the greater, and the
more to be avoided, as that it slayeth tlic
soul, and will spread itself not only over En;*
land and Scotland, but also into all parts
beyond the S4*as, where the gospel of God is
maintained? The vihich cannot but be ex-
ceedingly weakened, if defectiotj sliould U
in the>e two most valiant kingdoms. — .T. For-
asmuch as concerns the happy K:]tate nt
I this Realm : The Lydians sav, I'nuw Rfffn
(if^noscunt Ljfdii, diuts auKm tuUrare non />»»•
sunt : so we say, Vnam licginnin KiizaUtkoM
agno$cunt A/i^li, dtias autem toUiure wua //»■»•
sunt. And therefore, since &he sailh, that ^lif
is qneen here, and we neither can nor will ao
knowledge any other but you to l.e our queen:
I it will follow, if she prrvad, she will raiUr
j make us slaves, than take ••-i for her ch'.ldrui;
' and therefore the realm >iglieth and cr^'amtu
I under fear of such u step-mother. .>hv haik
j already provided us a foster-father and a nur*^,
I the pope and the king of Spain, into wliu^
hands if it should mi»happen us ti> fail, what ran
we else look for, but ruin, dcstruciion, and utter
e\tir|)ation of g04>ds, land^ li\es, honour and
all ? — Whilst she shall live, the enemies ot' d«
state wpill hope and gape aller your death. ^
your death tiicy trust to nnake Hivasion pro6t-
aUe for them ;' which cannot be, but the M0«
1107]
STATE TRIALS, 28 Elm. 15M.—Mary Suten qf Scots.
[I19S
ihould be most lamentable for us : and there-
fore it is meet to cut oflf the head of thai hope.
—As she hath already, by her poisoned baits,
brou{;ht to destruction more noblemen and their
houses, and a great multitude of subjects, during
her being here, than she would have done, if
ihe had been in possession of her own country,
and armed in the field against us ; so will she
itill be continually cause of the like spoil, to
the greater loss and peril of this estate : And
therefore this realm neither can nor may endure
her. — Her Secretaries do write and print, that
we be at our wit's end, world's end, if she over-
live your majesty ; meaning thereby, that the
end o(our world is the beginning of theirs : and
therefore, take her away, and their world will
be at an end before it begin. — Since the sparing
of her in the 14th year of your reign, popish
Traitors and Recusants have multiplied ex-
ceedingly; and if you spare her now again, they
will grow both innumerable and invincible also.
—4. And therefore now in the fourth place: —
Mercy in this case would in the end prove cruel-
ty against all. Nam est quadam crudelis Mi^
ftricardia. And therefore to spare her is to spill
DS. She is only a cousin to you in a remote
degree, but we be the sons and children of this
land ; whereof you be not only the natural
mother, but also the wedded spouse. And
therefore much more is due from you to us all,
than alone to her. It would exceedingly grieve
and woimd the hearts of your loving subject^
if they should see so horrible vice not condienly
ponishcd : if any be wavering, it will win them
to the worscr part, and many will seek to make
their own peace. Wherefore as well for the
comfort of the one, as stay of the other, and re-
taining of all, it is most needful tliat justice be
done upon her. — ^Thousands of your loving sub-
jects of all degrees, which have for special zeal
of your safety m.ide oath, before God, to pur-
sue to death by all forcible and possible means^
•uch as she is, by just sentence, found to be :
cannot save their oaths, if you keep her alive;
for then either we must take lier life from her
without direction, which will be to our extreme
danger bv the otVencc of your law ; or else we
must suficr her to live against our express oath,
which will be to the uttermost peril of our own
■Duls; wherewith no act of parliament, nor
power of man whatsoever, can in any wise
dispense. And therefore, seeint; it restcth in
you, by a most worthy and just execution of
this sentence, to keep us upright and free us
in both, we most humbly and earnestly beseech
you, that speedy justice be done upon her,
whereby yourself may be safe, the btnte of your
realm preserved, and we not only delivered
from this trouble of conscience, but also re-
crjmfurted Uj venture ourselves, and all our»,
into whatsoever other peril, for the preserva-
tion and safety of you.— Lastly, God's ven-
geance against Saul for sparing Agsfi;, against
Abab for sparing the life of Beuhadad, is appa-
rent; for they were both by the just judgment
of God deprived of their kimrdom, for sparing
choM nricked princes, whom Uud had delivered
into their hands of purpose to be put to death
by them, as by the ministers of his eternal and
divine justice. — How much those magistrates
were commended, that put to death those
mischievous and wicked queens, Jezebel and
Athaliah ! — How wisely proceeded Solomon to
punishment, in putting to death his own na-
tural and elder brother Adonias, for the only
intention of a marriage, which gave suspicion
of treason ! Whereas there is no more desired
of your majesty, than the very pope, (now your
sworn enemy) some of these late conspirators,
and this wicked lady herself, have thought
fitting to fall upon her. He in like case gave
Sentence, Vita Conradiniy mors Carolo ; mors
Conradini, vita Carolo. They in their best
minds and remorse of conscience setting down
the best means of your safety, said, ' He that
hath no arms cannot fight, and he that hath no
legs cannot run away, but he that hath no
bead can do no harm. Pisces primum a ca-
pitefcrtent^ She by her voluntary subscribing
to the late Asso<fiation, &c. gave this sentence
against herself. — And after in her letters of
these treasons to Babington, wrote, < That if
she were discovered, it would give sufficient
cause to you to keep her in continual close
Prison.' By which. words she could mean
nothing else but pains of death.-->Tberefore
we seeing on the one side how you have, to the
offence of mighty princes, advanced religion,
with what tender care, and more than motherly
piety you have always cherished us the children
of this land, with wluit honour and renown you
have restored the antient rights of the crown^
with what pence and justice you have governed,
and with what store and plenty you have
reigned over us : — On the other side, seeing
that tliis enemy of our felicity seeks to under-
mine our religion, to supplant us, and plant
strangers in the place, to transfer the rights of
the crown to that Italian priest, and the crown
to herself, or to some other, from you; and
therefore lieth in continual wait for to take
away yout life : — ^Therefore we pray vou, for
the cause of God, his church, this realm, our-
selves and yourself; that you will no longer be
careless of your life or sovereign safety ; nor
longer suffer religion to be threatened, the
realm to stand in danger, nor us to dwell in
fear : But as Justice hath gifen rightful sen-
tence, so you will grant execution : Tliat as
her life thrtateneth your death, so her death
may, b^ God*s favoar, prolong your life; and
that this evil being taken away from the earth,
we may praise God for our deliverance, and
pray him for our continuance; and with the
psalmist say, Dominus fecit Judicium^ and,
' The ungodly is trapped in the works of her
own hand.' And so pray God to incline your
heart to our just desires, &c." — They con-
cluded, that as it were injustice to deny execu-
tion of law to any one of her subjects that
slK)uld demand it, so much more, to Iter whole
people of England, with one voice and mind
making humble and instant suit for the same. ,
The Queen then spake in this masaM&v
1199]
STATE TRIALS,, 28 Eliz. \ j^Q, -^Proceedings (^ainU
[J2(y^
Full grievous i« that wajr, whose going on,
and cud, yield nothing but cumber for the
hire o^ a laborious journey. I have this day
been in greater conflict %vith myself, than
ever in all my bfe,- whether I should speak,
or hold my peace. If I speak and not com-'
plain, I shall dissemble : and if I should be
silent your labour tiiken were all in vain. If
I should complain, it niiglit seem strange and
rare; yet I confess that my most hearty de-
sire was, that some other means might have
been devised to work your security and my
safety, than this vihich is now propounded.
So as I cannot but complain, though not uf
you, yet unto you; that I perceive by your
petitions, that my safety depeiideth wholly
upon tlie death of another. If there be any
that think I have prolonged the time of pur-
pose to make a counterfeit shew of clemency,
they do me the most undescr\ed wrong, as
He knowcth, which is tbe searcher of the
most secret ihoiJi;hts of the heart. Or, if
there be any that be persuaded, that the
commissioners durst not pronounce other
sentence, as fearing thereby to displease me,
or to seem to fail of their care for my safety,
they but heap upon roe most injurious con-
ceits. For either those, whom 1 have put in
trust, have failed of their duties, or else they
signified unto the commissioners in my name,
that my will and pleasure was, that every otic
sliould deal freely according to his conscience,
and what they would not 0))enly declare, that
they should reveal unto lye in private. It
was of my most favourable mind towards her,
that I desired some other means nii^ht be
found out tQ prevent this mischief. But
since now it is resolved, that my surety is,
mo^t desperate without her death, I have a
most inward feeling of sorrow, that I, which
have in my time pardoned so many rebels,
winked at so many treasons, or neglected
them with silence; must now seem to shew
cruelty upon so great a princess. — I have,
since I came to the crown of this rcahn,
seen many defamatory Books and Pan:phlcts
against me, accusing roe to be a tyrant ; well
fare the writers hearts, I believe their incanini;
was to tell me news: and news indeed it was
to me, to be branded with the note of tv-
ranny : 1 would it were as great news to hear
of their impiety. But what is it which they
will not write now, when they shall hear that
I have given consent, that the executioner's
hands shall be imbrued in the blood of my
nearest kinswoman ? But so far am I from
cruelty, that to save mine own life, I would
not oiier her violence ; neither have J hetn
so careful how to prolong mine own life, as
how to preserve both: which that it is now
impossible, 1 grieve exceedinii;ly. I am not
so void of judgment, as not to see mine o^n
perils before mine eyes ; nor so mad, to
sharpen a sword to cut mine own llirortt,
nor so careless, as not to provide for the
ftufety of mine own life. But this I consider
with myself^ thai many a man would put his
own life in danger to save a princesses life,
I do not say, so will I ; yet have I many times
thought upon it. — But seeing so many have
both written and spoken agamst me, eive me
leave, I pray you, to say somewhat m miite
own defence, that ye may see what roar.Der
of woman I am, lor whose safety you hare
passed such careful thoughts ; wherein a^ I
do with most thankful heart consider your
vigilant care, so am I sure I shall never re-
({iiite it, had I as many lives as you all.->
When first I took the scepter, I was not un-
mindful of God the giver, and therefore began
my reign with his service, and the religion I
had been both born in, bred in, and I tni^t
shall die in. And though I was not ignorarit
how many perils I should be beset with.il at
home for altering religion, and how many great
princes abroad, of a contrary profession, nould
attempt all hostility against me ; vet was I oo
whit dismayed, knowing that God, whomooir
I respected, would defend both me and mj
caubc. Hence it is, tliut so many treaclieries
and conspiracies have been attempted against
mc, that I rather marvel that I am, than
muse that I should not be, were it not that
God's holy hand hath protected me bejond
all expectation. Then to the end I might
make the better progress in tjie art of swa^ioK
the sceptre, I entered into long and serioa>
cogitation what things were worthy and £ttii){
for kings to do : and I found it most oeccs-
sary that they should be abundantly furnished
with thosespecial virtues, justice, temperance,
prudence, and magnanimity. As for lS(
two latter, I will not boast myself, my sex
doth not permit it : but for the two fimner,
I dare say, (and that witliout ostentation) I
never made a difference of person^ nherp
right was one; I never preferred for favour,
whom I thought not fit for worth; I nner
bent my ear to credit a tale that was bi^<
told, nor was so rash to corrupt my judgment
with prejudice, before I heard the caase. I
will not say but many reports might haply be
brought me in toO much favour of the oue
side or the other ; for we princes cano'^t
hear all ourselves : yet this I uare say boMK
my judgment went ever with the truih ac-
cording to my understanding. And as fu!l
well Alcibiades wished his friend, not to %vt
any Answer till he had run over the letters *a
the alphabet; so have I not used rashaitd
sudden resolutions in any thing. — And there-
fore as touching your counsels and comal^t-
tions, I acknowledge thrin to be so caitiuL
provident and profitable fortheproen-atioim'
my life, and to proceed from minds ^sioctft,
and to roe most de\oted, that I skill endc^
vour myself all I can, to give you cautcti
think your pains not ill-bestoweij, and s^:M
to make myself worthy of such subjects.
* And now for your Petition, I pray yon (ff
this present to content yourselves vitli •"
Answer witliout Answer. Your Judgomtl
rondema not, neither do I misdike voir
RetuQDs, but pray jou t6 accept mj tbuk-
1201]
STATE TRIALS, 23 Eliz. \5li6,-^Mary Stteenqf Scots,
[1202
* fulness, excuse my doubtfulness, and take in
* good part my answer answerless. If I should
* say, I would not do what you request, I might
* say perhaps more than I think : and if I should
* say 1 would do it, I might plunge myself into
* peril, whom you labour to preserve ; which
* in your wisdoms and discretions ye would not
* that I should, if \e consider the circumstances
* of place, time, and the manners and condi-
* tions of men/
After this, the Assembly of the Estates was
prorogued.
About that time were lord Buckhurtt and
Beale sent to the queen of Scots, to signify
unto her that Sentence was pronounced against
ker ; tliat the same was approved and con-
firmed by act of parliament, as must just, and
the Execution thereof instantly sued for by
the Estates, out of a due regard of justice,
•ecurity and necessity : and therefore to per-
suade iicr to acknowled>;e her Offences against
God and the queeu, and to expiate them before
lier death by rcpentaute : letting her under-
stand, that as lung as she lived, tlte received
Religion in England could not subsist. Hereat
she M^med with a certain unwonted alacrity
Co triumph, giving God thanks, and rejoicing in
ber heart that she was holden to be an instru-
ment for the re-establishing of Religion in this
island. And earnestly she prayed, that she
might have a Catholic priest to direct her con-
science, and minister the Sacraments unto her.
A bishop and a dean whom they commended
unto her for this use, she utterly rejected, and
sharply taxed the English nation, saying often,
That the English had many times slaughtered
their kings ; no marvel therefore, if they now
also shew their cruelty upon me, that am issued
from the blood of their kings.
Commission for the Execution of the Quun of
Scots,
Tlie publication of the Sentence was stayed
a vcbile by the intercession of UAubespine the
French ambassador ;* but in the month of De-
cember, through the earnest instance of some
courtiers, it was publicly proclaimed all oixr
the city of London, the lord mayor, the alder-
men, and principal officers and citizens being
present, and afterward throughout the whole
realm. In the Proclamation the queen seri-
ously protested, that this publication was ex-
torted from her not without exceeding grief of
mind, out of a certain necessity, and the most
vehement prayers and obtestations of the
£state» of the Realm ; though there were,
which thought this to . proceed of women's
cunning, wli^ though they much de^irc a thing,
yet will always seem rather' to be constrained
unto iLf Afterwards, on February the 1st, a
• See the French Ambassador's (Bellevre)
Sjpeech to queen Elizabeth. Thuan. llibtor.
lib. 8d, p. 157. Genev. Edit.
t Bishop WarburtoQ writes to Ilurd (March
3, 1759), **■ You will be amused wiih a very
extraordinary Letter of Mary to Elizabeth at
VOL. I.
Commission jpassed the Great Seal for licr Exe>
cution, which was as follows :
* Elizabeth, by the grace of God, queen of
», — ■ ■ - ■
p. 558 of Murdin's State Papers, and 1 dars
say you will not think it one of the least causes
of the fatal catastrophe wliich soon followed.'^
This Letter here follows :
A Letter from the Queen of Scots to Queen
Elizabeth.
SuivANT ce que je Vous ay promis et auvei
dcspuis desire, je vous declare ores, qu'uveques
'^grct, que tellea choses soyent ammenees en
question, mays tres sincerement et sans auqune
passion, dont japelle mon Dieu a tesmoing, que
la Comptebse de Schreusbury madit de Vous ce
3ui suit an plus presdccesTermes. A la plus part
e quoy je proteste avoir respond u, reprenant
la ditte dame de croire ou parler si hsientieuse-
ment de Vous, comme chose que je ne croy ois
point, nicroy a present, congnoissant le Naturel
de la Comptesse et de quel esprit elle estoit
alors poulssec contre vous. Premierement,
qu*un, auquel die disoit que vous aviez faict
promesse de mariage devant.une Dame de
vostre chaml^re, avoit cousche in6nies foys au-
vesques Vous avec toute la licence et privaulte
qui se peut user entre Mari et famme ; Mays
qu'indubitablement Vous nestiez pat comme
les aultres fammes, ci pour ce respect cestoit
Ibllie a touz ceulx (|iii atfectoienC vostre Mariage
avec Monsieur le Due d* Anjou,^ d*aultant qu'il
ne ce pourroit accomplir; et que Vous na
vouldriez jamays pcrclu la liberte de Vous
fayre fayre Pamour et auvoir vostre pleiir tous-
jours.auvequcs nouveaulx amoureulx, regretant
ce, disoit elle, que Tous ne vous contentiez da
Maister Ilaton, et un aultre de ce Royaulme;
mays que pour Thouneur du pays il luy faschoit
le plus, que vous aviez non seullement engasge
vostre honneur auveques un estrangier Nomm^
Simier, I'alant trouver de nuit en la cbambra
dune dame, que la dicte Comptesse blasmoit
fort a ceste occasion la, ou Vous le baisiez et
usiez auvec luy de diverses privaultes deshon-
ncstes ; mays aussi luy revelliez les segretz du
Royaulme, trahisant vos propres Counseillers
awesques luy : Que Vous vous estiez desportee
de la mesme dissolution avec le Due son May-
stre, qui vous avoit este trouver une nuit a la
porte de vostre chaqibre, ou vous laviez rancon-
tre auvec vostre seuUe chemise et manteau de
nuit, et que par apres vous laviez laisse entrer,
et qu*il demeura avyeques Vous pres de troys
heures. Quant an diet llaton, ({ue vous le coa-
ricz a force, faysant si publiquement paroitrc
I'amour que luy portiez, qui \\\y mcsmes estoit
contreint de s*cn retirer, et que Vous donnastcs
un sotit^let a Kiligreu pour ne vous avoir ra-
mene le diet Ilaton, ({ue >ous avviez envoiay
rappellcr par luy, ^'etunt desparti c-n choilere
d'auvcques vous pour quelquei injures que luy
auviez diites pour certeins bouluns dur qu'l au-
voit sur son habit. Qu'elk* auvoit. travnille da
fayre espouser au d it Ilaioii, ia leu C'o'ntes**
de Lenox sa fillc, mays que de creinte de \''o.u»,
4h
11205]
STATE TRIALS, 2fi Eliz. A 5B6.— Proceedings against
[rm
* England, Finn? c and Ireland, &c. To our
* trusty and ucll-bfloved couttins, George earl
* ot' Slirewshun, earl marshal of England;
* Henry earl ot Kej:t : Henry earl of Derby ;
* George earl of (. umberland ; and Henry earl
* of Pembroke) g^reeting, &c. Whereas sitbence
11 ne osoic eiiteudre ; que mesme !e Comte
d'Oxfort nosoit ce rappointer auveques sa fam-
ine de pcur de perdre la favour qu'il esperoit
recepvoir par vou> fayre Tamour : Que vous
estiez prodigue en vers tOMtes cclles gens et
ccuix qui ce niestloicnt de telles mesnecs, counne
a uu de ■ \'o6lre Chambre Gorge, auquel
Vous avviez donne troys centz ponds de
rante pour vous avvoir apporte les nouvclles
du retour de Halton : Qii*a tout/, aultres
Vous ^stiez fort ingratc chische, et quM ni
avoit que troys ou quatre en vosfre Royaulme
a qui Vous ayez jamays faict bicn : Me
conseillant, en riant cxtresmement, mettremon
filz sur les rancs pour vous fayre rumours,
comme chose qui me scr\'iroit grandeiuent et
metroit Mon^iieur le Due hors de quartier; qui
roe seroit ires projudisiable si il i coniinuoit;
et lui repliqunnt, que ccla seroit pris pour une
vraye tiraquerie, elle me responait que Vous
e*»cicz M vnync et en si bonne opinion de vos-
tro beaute, counne si vous esticz quelquc de-
fuse du ckI; quVlle prandroit sur la teste de
le vous fayre croirefacillement et entreliendroit
mon fil/ en ccste bumeur ; Que Vous preniez si
grand plesir en flateries hors tie toutc rayson,
cfue Ton vous disoit, comme de dire, qu'on ne
tous osoit par foys rt^uarder a plain, d'aullant
que vostre face luysoit comme le Soleill : Qu'-
lUe et toutes les aultres Djmies de hi Court
estoints contrcintcs d'user, et qu'cn son dernier
voyage vers Vous, Elle et la feu Coniptesse de
IxMiox parlant a Vous n*osoient s*entrere-
garder Tune et Tautre de pcur de s'eclater de
rire dcscassadcs quelle vous donnoint, me priant
a son retour de lancer sa tille quelle n'avoyt
jamays sceu persuader de fayre le mesme ;
ct quant a ^a fille Talbot, elle s^assuroit qu'elle
ne fauldroit jamays de vous rire au nez; la
dicte dame Talbot lors quelle vous alia fayre la
reverance ct donne le ferment conmie runc.de
voz servantes, a sod retour imediatemcnt, me
le cointant comme une chose fayte en mo(]iierie,
ine prin de I'accepter pareill, may plus rcsscnt
tt entier vers nioy, du quel je feiz long terns
rc-fuf ; mays a la tin a force de larmes je la
liiisay faire, di^ant quelle ne vouldroit pour
ciuys^ du monde €sire en vostre ser\ice ores de
vostre personne, dVutant quelle auroit peur
que quand seriez en cbolere lie luy fissies
conmie a sa cousine Skcdmur, a qui vous auviez
n)mpu un doibt, faciant a croire a ceulx de la
court, que ccstoit un chandelier qui estoit tombe
dessubz ; et qu*a une auttrc vos servant a tallc
au\iez donne un grand coup de cou^trau sur la
inayn : Et en un mot, pour ces derniers pointz
•t cujnmuns petitz raportz, Cruyc^z que vous
•stiez jouee et cuntrcfaictc par riles comme
en commedie entre mes fanunes mcsmes ; ce
^uapercevant, je v'uus jure que je delTendism
* the Sentence given by you, and oiben of oor
' council, nobility and judt^es, against the qoMB
* of Scots, by the name of Mary, the daughter
* of James 5, late king of Scots, comniODlr
'called the queen of Scots, and donagerof
' France, as to you is well known ; all the
mes fain mes ne ce plus mesler. Davantasgf,
la dicte Comtesse ma autrcfoys advertie que
Vovs vouUiez appointer liaison poui* me favre
Tamour et essay er de me dfShonorer, sojt co
eflfect ou par mauvais bruit, de quoy il avojt
instructions de vostre bouscbe propre : (jue
Ruxby vemt ici, il i a environ viii an$, pour
atcmpter a ma vie, ayant parle a vous niesmr*,
qui luy auviez dit q\iil fit ce a que \VaUin«;liani
luy commendcroit et dirigeroit. Quant la dicte
Comtesse poursuivoit le mariage de son till
Charles auveques une-des niepeces du Mibnl
Paget, et que daultre part Voos voulliez lavoir
par pure et absolue aucthorite pour un des
Knoles, pour ce quil estoit vo»tre parent ; elle
crioit fort contre vous, et disoit que cestoit uoe
vraye tirannic, voulant a Vostre fantasie eQlerer
toutes les heritieres du pays, et que vous aviex
indignement use le dit Paget par parolles inju-
rieuses; mays qu*enHn la Noblesse de ce Ro^tu-
mene le voussoufrisoit pas mesmemqnt, si y^tui
adressiez a telz aultres quelle conuoi<«soit bien,
Uy a environ quatre ou sing ans que Vous »-
tant malade et moy ausi au mesme temps, e!k
me dit, que vostre Mai provenoit de laclosture
d*une fistulle que vouz avicz dans une jambe;
et que sans doubte venant a perdre voz mov;,
Vous mourriez bien tost, s'eii re^joui^ant^r
une vayne imagination quelle a eue de Ion;
temps par les predictions d*un nomme Jou
Lenton, et d*uu vieulx liuvre qui prediroii
vostre mort par violence, et la succession duoe
aultre Roync, quelle in^erpretoit eftre moy, «-
gretant seullemcnt que par le dit liuvre il estoi;
-predit que le Royne qui vous deubroit succeder
ne regneroit que trois ans, et mouroit comiue
vous, par violance, ce que estoit represente
mesme en peinture dims le dit liuvre, auqofl
il y avoyt un dernier feuillet, le contenu dui^uci
cile ne ma jamais voutou dire. Elle sraitclie
mesme que jay tousjours pris cela pour une
pure follie, mays elle fesoit bien son ccmpie
destre la premiere aupres de moy, ct roesi.tr
ment que mon iWz epouseroit ma niepcc ArUrl^
Pour la fm je vous jure encores un coup mt
ma foy et honneur que ce que drsul>z est tre«
veritable; et que de ce qui conserne voftre
honneur, il nenust jamays tonibe en Tentcnde*
ment de vous fayre tort par Ic reveller; e
qu*il ne ce *>caura jamays par moy, le teoaat
pour trcs faulx. S) je puis avoir cest heiirde
parler a vous, je vous diray plus particuliere
ment les noms, terns, lieux «:t aultrea sircoo-
stances pour vous fayre cougnui^tre la rente ft
de ces-^i et d*aultreschos>i^ M^^e je resen-e, qnaoi
je seray tout a fayct asseuree de vostre amibct
Inquelle comme je desire plus que jamays, ansa
si je la puis ceste ti>ys obtenir, vous netftti
jamays par(.'ntu, amy, ny mesmes subject, pli>
tidellc et aflectioonee que je vous teniy. Fwt
1205]
STATE TRIALS, 28 Euz. 1586.— A/ary Owen qf Scots.
[•1200
* States in the last Parliament assembled, did
' not only deliberately, by great Vid\ice, allow
* and approve the same Sentence as just and
* honourable, but also with ail humbleness and
' earnestness possible, at sundry limes require,
^ solicit, and press us to direct such further
' Execution against her person, as they did
' adjudge her to have daily deserved ; adding
* thereunto, tliat the forbearing thereof was,
* and would be daily certain and undoubted
* danger, not only unto our own life, but also
* unto themselves, iheir posterity, and the pub-
* lie estate of this realm, as well for the cause
* of the gospel, and true religion of Christ, as
' fur the peace of the whole realm : where-
* upon we did, although the same were with
* some dela^ of time, publish the same Sen-
* tence by our Proclamation, yet hitherto have
* forborn to give direction for the further satis-
* faction of the aforesaid most earnest requests,
* made by our said states of our parliament,
, * whereby we do daily understand, by all sorts
< of our loving subjects, both of our nobility
* and council, and also of the wisest^ greatest,
* and best devoted of all subjects of inferior
* degrees, how greatly and deeply, from the
* bottom of their hearts, they are grieved and
* afflicted with daily, yea hourly fears of our
* life, and thereby consequently with a dreadful
* doubt aod expectation of the ruin of the pre-
* sent happy and godly estate of this realm, if
* we should forbear the further final execution
' as it is deserved, and neglect their general and
* continual requests, prayers, counsels and
' advices. And thereupon contrary to our na-
* tural disposition in such case, being overcome
' with the evident weight of their counsels, and
^ their daily intercessions, importing such a ne-
' cessity, as appeareth directly tending to the
* safety not only of ourself, but also to the
' weal of our whole realm, we have conde-
* Scended to sufftr Justice to take place ; and
' for tlie Execution thereof,- upon the special
\ trusty experience and confidence which we
I>ieu asseurez Vous de celle qui vous veult et
peult Servir. De nion lit forcnnt mon bras et
nes douleurs pour vous satisfayre et obeir.
Marie R
N. B. This Letter from the Queen of Scots
is thought to be the same which Mr Carte re-
fers to in his History of' England, vol. iii.
page 828, published 1752 : The Conceahnent
and Discovery of which, tis there represented,
is entirely unsupported from any Evidence that
is come to my knowledge. The Letter itself,
io the Original, I found open amongst the other
papers of the earl of Salisbury's Library, with-
out any appearance of design to have it' se-
creted. And the manner in which it was dis-
ci^vered, as Mr. Carte aiiirms upon the testi-
moni^ by him referred to, is a circumstance
absolutely unknowi^ to any one person in my
lord Salisbury's family, as far ns I can learn
from the strictest enquiry 1 have made aon-
teroing it.
* have of your loyalties, faithfulness and love,
* both toward our person and the safety thfcreof|
' and also to your native countries, whereof
' you are roost noble and principal members ;
* We do will, and by Warrant hereof do autho-
' rize you, as soon as^'you shall have time con*
' venient, to repair to our Castle of Fother-
' ingay, where the said queen of Scots is in
* custody of our right trusty and faithful ser-
' vant and counsellor, sir Amias Po^Uet, knt,
' and then taking her into your charge, to
' cause by your commandment Execution to be
' done upon her person, in the presence of
* yourselves, and the aforesaid sir Amias Powlet,
' and of such other oflicers of justice as you
' shall command to attend upon you for that
< purpose ; and the same to be done in siich
' manner and form, and at such time and place,
Sand by such persons, as to five, four or three
' of yuu, shall be thought by your' discretions
' convenient, notwithstanding any law, statute ttt
' ordinance to the contrary. And these our
* letters patent scaled with our great seal of
' England, shall be to you, and every of you,
' and to all persons that shall be present, or
' that shall be, by you, commanded to do any
' thing appertaining to the aforesaid Execution,
' a full sufficient Warrant, and Discharge for
' ever. And further, we are also pleased and
' contented, and hereby we do will, command
' and authorize our Chancellor of England, at
^ the requests of you all, and every of you, tliat
' the duplicate of our Letters Patent, be to all
* purposes made, dated and scaled with our
' great Seal of England, as these presents
' now are : In witness whereof, we have
' caused these our letters to be made patent.
* Yeoven at our manor n{ Greenwich, the 1st
* day of February, in the 29ih year of our reign.'
Queen Elizabeth^s Letter directed to Sir Amias
Fozolet, hit. Keeper of the Queen of Scots,
at the Castle of Fotheringay.
Amias, my most faithful servant, God re-
ward thee treble- fold in the double of thy most
troublesome charge so well discharged : if you
knew, my Amias, how kindly, besides dutiful-
ly, my grateful heart accepci your double la-
bours, and faithful actions, >onr wise orders,
and safe regards, performed in so dangerous a
charge, it would ease your travel, and rejoice
your heart, in that I cannot bi* lance, in any
weight of my judgment, the value that I prize
you at, and suppose no treasure to countervail
such faitli ; and stiall condemn myself, in that
thought 1 never committed, if 1 reward not
such deserts ; yea, let me lack when I most
need, if I acknowledge not such a merit with
a reward, not omnibvs datum; but let your
wicked murderess know, how with hearty sor-
row her vile deserts compel these onlers; and
bid her from me, ask God forgiveness for her
treacherous dealiug against my life many years,
to the intolerable peril of hep own : and yet
not content with so many forgivenesses, but
must fall again so horribly, far passing a wo-
man's thought; much less a princess's ; iustead
1207]
STATE TRIALS, 2SEuz. IS^O.-^Procecdinzs azainst
11208
of excusing whereof, nut one can serve it, be-
ing su plainly confessed by the author of my
guiltless deatli. Let repeutanec take place,
and let not the fiend possess her, so that th«
better part be lost, which 1 pray with hands
lifted up to him, that can both save and spill,
with my most loving adieu, and prayer for thy
long life, your assured and loving sovereign, as
heart, by good desert, indureth, Elizabeth,
Kegiiia,
Queen Mar^s Execution,
In pursuance o( this Commission, she was
executed the 8(h day of February following, in
which queen Ehzubeth atlerwards pretended
she was surprized ; the manner whereof is thus
related by Camden. *
Queen Elizabeth, after some hesitation,
having delivered a Writing to Davison, one
of her Secretaries, signed with her own hand,
commanding a Warrant ander the great seal of
Eugland to ,be drawn up for the Execution,
which was to lie in readiness in case of any
dangerous Attempt upon queen Elizabeth, com-
manded him to acquaint no man therewith;
the next day the ()ue«n changed her mind, and
commanded Davison by Killegrew that the
Warrant should not be drawn. Davison came
presently to the queen, and told her that it was
drawn and under seal already; at which she
was somewhat moved, and blamed him for
making such haste.f lie notwithstanding ac-
quainted the Council both with the Warrant
and the wliolc matter, and easily persuaded
them who were apt to believe what they de-
sired, that the queen had commanded it should
be executed* Hereupon without any delay
Beale, who in respect of rchgion was the queen
of Scots most bitter adversary, was sent down
with one or two Executioners, and a Warrant,
wherein authority was given to the carls of
Shrewsliury, Kent, Derby, ('umberland, and
others, to sec Execution done acroniinj^ to
law ; and tlii^) without the queen's knowledge.
And though she at that very time told Davi*)on,
that she would take another course, yet did not
lie for all that call Heale back.
As soon as the earls were come to Fother-
ingay, they, together with sir Amias Powlct,
and sir Drew Drury, to whose custody the
queen of Scots was c(mimiited, came to her and
told her the cause of their coming, reading the
Warrant, and in few words admonished her to
prepare herself for Death, for she was to die
tiie next day. She undauntedly, and with a
composed spirit, made this Answer ; ' I did
' not thipk the queen, my si.<iter, would have
* Camd. Ehz. p. 38'.'.
+ This seems to have lM?cn one of that queen's
artifices in order to excuse herself to the king
of Scots ; and thoui;li, to put the U'ttcr colour
upon ir, she afterwards sacrificed her Secretary,
yet the whole a(Tair was (very probably) trans-
aicted wirii her knowledge and approbation,
for which, fee Davison's Apology in Camden.
For the Proceedings against Davison, Se«
Mo. 65 of the present VoIuidc.
' consented to my dedth, who am not subject
' to your law and jurisdiction : but seeing her
*. pleasure is so, I>eath shall be to me moit
' welcome ;i neither is that soul worthy of the
' high and everlasting joys above, whose body
' cannot «ndurc one stroke ot the executioner.'/
She desired siie might have Conference with
her Almoner, hci* Confessor^ and MeWin, tiie
Master of her Household: for her Confessor, it
was flatly denied that he should come at her;
and the ear^ recommended to her the bishop,
or the dean of Peterborough, to comfort ber ;
whom she refusing, the earl of Kent, in a hot
burning zeal to religion, broke forth into these
words among other speeches : ^our life irill
* be the death of our Religion, as contrariwiie
* your death will be the life thereof,'/ Mention
being made of Babington, she constantly deoied
his Conspiracy to have been at all known to
her, and the revenge of lier wrong she left to
God. Then enquiring what was become of
Naw and Curie; she asked whetlier it were
ever heard of before, that servants were sub-
orned and accepted as Witnesses against their
master's life ?
When the earls were departed, she com-
manded supper to be hastened, that slie might
the better dispose of her concerns. She sopped
temperntcly, as her manner was ; and seeing
her' servants, both men and women, weeping
and lamenting as she sat ut supper, she com-
forted them with great courage and magiis-
nimity, bad them leave mourning, and rather
rejoice, that she was now to depart out of a
I world of miseries. Turning to Burgoin, her
physician, she asked him whether he did not
now find the force of Truth to be pvut:
/They say,' quoth she. * that I must die. In.-
* cause 1 have plotted against the queen*s life ;
* yet the carl of Kent telU me, there is no
* other cause of mv death, but that they are
* afraid for their Religion because of me ; neither
* hath my oBencc against the queen, but ilieir
* fear because of me, drawn this end upon uie,
* while some, under the colour of Religion, und
* the public good, aim at their own pr.vate
' respects and advantages./
Towards the end of supper she drank to all
her servants, who pledjied her in order upon
their knees, mingling tears with the wine, and
hegginj; pardon for their neglect of their duty;
aa she also in like manner did of tliem. — After
supper she perused her Will, read over the In-
ventory of her Goods and Jewels, and wrote
down the Names of those, to whom she be-
queathed every particular. To some she dis-
tributed money with her own h:md. To her
Confessor she wrote u Ltlter, that be wouW
make intercession iuv her to God in liis pniyerf.
She wrote also Utters of recommendation fur
her ser^^ants to thu French king and the duke
o4" Guise. At her wonted lime she went to
be<], slept some hours; and then waking, speot
the rest of the night in prayer.
The fatal day bring coine, which was the 8(h
of February, she dressed herself as gorgeously^
AS she was wont to do vpou festivoTdays, wd
1209]
STATE TRIALS, 528 Bun. 1586.— iWary Sneen qf Scots.
[1210
calling her servants together, commanding her
Will to be read ; prayed tliem to take their
legacies in good part, for her ability would not
lextend to giving them any greater matters.
Then firing her mind wholly upon God in
her Oratory, or ordinary place of prayer, with
si^hs and groans, and prayers, she begged his
Divine Grace and favour, till such time as
Thomns Andrews, sheriflf of the county, ac-
quainted her, that she must sow come forth :
And forth «he came with state, countenance
and presence majestically composed ; a chear-
fill look, and a matron«like and modest habit ;
her head covered with a linen veil, and that
hanging down to the ground, her prayer-beads
hanging at her girdle, and carrying a crucifix of
ivory in her hands. — In the porch she was re-
ceived by the earls and other noblemen, where
Melvin, her servant, falling upon his knees, and
pouring forth tears, bewailed his hard hap, that
he was to carry into Scotland the woeful tid-
ings of the unhappy fate of his lady and mis-
tress : She thus comforted him, < Lament not,
* but rather rejoice, thou shalt by-and-by see
* Mary Stuart freed from all her cares. Tell
*■ them, that I die constant in my Jleligion, and
* firm jn my fidelity and affection towards Scot-
* land and France. God forgive them, who
* have thirsted after my blood, as harts do after
* the fountain ! Thou, O God ! who art Truth
^ itself, and perfectly and truly understandest
' the inward thoughts of my heart, knowest how
* greatly 1 have desired that the kingdoms of
* England and Scotland might be united into
' one. Commend me to my son, and assure
* him, that I have dune nothing, which may be
^ prejudicial to the kingdom ot Scotland; ad-
* monish him to hold ni amity and friendship
*_ with the queen of England ; and see thou do
* him faithful service.*
And now the tears trickling down, she bade
Melvin several times farewell, who wept as fast
as she. Then turning to the earls, she prayed
them that her servants might be civilly dealt
withal : That they might enjoy their Legacies,
chat they might stand by her at her Death, and
might be sent back into their own country with
letters of safe conduct. The former request
they granted, but that they should stand by
her at her death, the earl of Kent shewed him-
self somewhat unwilling, fearing some supersti-
tion. ' Fear it not,' said she, ' These harmless
* souls desire only to take their last farewel of
' me : I know my sister Elizabeth would not
* have denied me so small a matter, that my
* women should be then present, were it but for
' the honour of the female sex. I am her near
'kinswoman, descended from Henry. 7, queen
* dowager of France, and anointed queen of
* Scots.'
When she had said this, and turned herself
aside, it was at last granted, tliat such of her
servants as she should name should be present.
She named Melvin, Burgoin her physician, her
apothecary, her surgeon, two wuitmg wpmen,
and others, of whom Melvin bore up her train.
So the gentlemen, two earls and the sheriff
going before her, she came ta the scaffold,
which was built at the upper end of the llall^
on which was placed a chair, a cushion, and a
block, all covered with black doth. As soon
as she was set . down, and silence command-
ed, Beale read tte Warrant: She heard
it attentively, yet as if her thoughts were
taken up with somewhat else. Then Fletcher,
dean of Peterborough, began a long Speech to
her touching the Condition of her Life past,
present, and to come. She interrupted him
once or twice as he was speaking, prayed him
not to trouble himself, protesting tnat she was
firmly fixed and resolved in the ancient Catho-
lic Roman Religion, and for it was ready to
shed her l^t blood. When he earnestly per-
suaded her to true repentaqce, and to put her
whole trust in Christ by an assured faith ; she
answered. That in that religion she was both
bom and bred, and now ready to die. The
earls said they would pray with her ; to whom
she said, that she would give them hearty
thanks, if they would pray for her : but t9
join, said she, in prayer with you, who are of
another profession, would be m me a heinous
sin. Then they appointed the dean to pray ;
with whom while the multitude that stood
round about were praying, slie fell down upoi»
her knees, and holding the Crucifix before lier
in her hands, prayed in Latin, with her servants,
out of the office of the Blessed Virgin Mary.
After the Dean had made an end of praying,,
she in Englisli reconimended the church, her
son, and queen Elizabeth to> God, beseeching
him to turn away his wrath from this island,
and professing, that she reposed her hope of
Salvation in the blood of Ciirist : hfting up the
Crucifix, she called on the Celestial Choir of
Saints to make intercession to him for her :
She forgave all her enemies, and kissing the
Crucifix, and signing herself with the Cross,
she said, ' As thy arms, O Christ ! were spread
* out upon the cross, so receive me^with the
' stretched-out arms of thy mercy, and forgive
' my sins.' Then the executioners asked, her
forgiveness, which she granted tlicni. And
when her women ha<l taken off her upper gar-
ments (which slie was eager and hasty to have
done), wailing and lamenting the while, she
kissed them ; and signing them with the Cross,
with a chearful countenance bid them forbear
their womanish lamentations, for now She should
rest from all her sorrows. In like manner turn-
ing to her men servants, who also wept, she
signed them with the Cross, and smiling, bade
them farewel. And now having coveted lier
fiicc with a linen handkerchief, and laying her-
self down to the block, she recited the Psalm,
' In thee, O Lord ! do I put my trust, let me
' never be confounded.' Then stretching forth
her body^ and repeating many times, * Into
thy hands, O Lord ! t commend my Spirit,'
her head was taken off at two strokes : The
Dean crying out, ' So let oueen Elizabeth's
* enemies perish;' the' earl of Kent answering
Amen, and the multitude sighing and sorrow-
ing. Her body was embalmed, and ordered
1211]
STATE TRIALS, 'JSEuz.^lSSd.'^Proceedmgs againU
[\2\t
with due and usual rites, and afterwards interred
with a royal funeral in the cathedral church of
Peterhorough. A pompous obsequy was also
performed for her at Paris, by procurement of
the Guises.
The news of Mary's execution, says Rllpin,
being brought to Elizabeth, she appeared ex>
tremely concerned at it. Sighs, tears, laineii-
tatiou and mourning were the signs she gave
of her grief, which seemed immoderate. She
drove tlie Privv Counsellors from her presence,
smd comraancled them to be examined in the
Star-Chamber, and Davison to be tried for his
life for his disobedience. A few days after she
sent the following letter to the king of Scot-
land (afterviards king James I. of England),
by Robert Cary :
* My dearest Brother ;
^ I would to God thou k newest (but not that
* thou leltcst) the incomparable grief my mind
* is perplexed with, upon this lamentable acci-
^ dent, which is happened contrary to my mean-
' ing and intention, which, since my pen trem-
' bles to mention it, you shall fully understand
* by this my kinsman.* I request you, that as
^ God and many others can witness my inno-»
* cence in tliis matter, so you will also believe,
* lie was kin to her by Aun Bullen her mother.
' that if I had commanded it, I would never
' deny it. I tim not so (kint-hearted, that fur
< terror I should fear to do the thing that is
' just, or to own it when it is once done; no, I
^ um not so base and ignobly minded. But as
' it is no princely part, with feigned word» to
' conceal and disguise the real meaning of the
' heart ; so will I never dissemble my actions,
'but make them appear in their true and pn>-
' per colours. Persuade yourself this for truth,
' that as I know this has happened deservedly
' on her part, so if I had intended it, I would
* not have laid it upon others; but i will never
' charge myself with that which I had not lo
' much as a thought of. Other matters you
' shall understand by the bearer of this letter.
' As for me, I would have you believe there is
' not any which loves you more dearly, or takes
^ more cure for the good of you and your af>
' fairs. If any man would persuade you to
( tlie contrary, you may conclude he favoan
< others more than you. God preserve yoa
< long in health and safety.'
The following Report of the Evidence aj^ainst
the Queen of Scots at Fotheringay, and ibe
confession of her Secretaries alterwards in ibe
Star C'liamber, being more full and srUistiurtijry
than any other which is in print, is here given
from the ilardwicke State Papers,
Evidence against the Queen of Sco^s.
[Extracted from the Ilardwicke
Die Mart is xxv Octobris 1586.
The Commissioners being all (except the
earls of Shrewsbury and Warwick, and sir
Amins Puulet), assembled within the Star
Chamber, a recapitulation was made by her
majesty's Privy Council, of all such proofs as
had been made against the Scots quren, before
them at Fotheringay, &c. Alter which Nuu
and Curie were brought personally before the
Commissioners, and, in their presences, did
avow and- maintain all their Confessions, £x-
. aminations, and Subscriptions to be true, in
such manner and form, as they have writtiMi
and made tlie same. And they did, then and
there, expressly afBrm and maintain, That the
Scots queen had received and read Babington*s
Letters, and tliat, by her direction and express
commandment, the Answer unto all tlie
points thereof, was returned unto Babington
in her name, according as in the Letter is set
down. — Also, that, the same 12ih of July, she
did write to the lord Paget, to Charles Paget,
to Mcndoza, to sir Francis 1 nglelield, and to
the archbishop of Glascow, concerning Bab-
ington's Plot, Sec. Whereupon the Lords and
other the Coininissioners, conferred together
in secret, and afterwards, as it is suid, con-
cluded upon their judgment. And they called
in the Queen's Serjeants, the Attorney and
Solicitor, and before them, as it is said, gave
their sentences, by which all the Commissioners
present, except the lord Zouch, pronounced,
chat the Scots queen was privy, &c. and that
«h« had compassed and imagined the Death of
State Papcrsj vol. 1. p. 224.]
her Majesty our sovereign lady, only the lord
Zoucli, as it is said, gave his Sentence, that slic
was pri^y to the compassing, practising, and
ima«:ining of her Majesty's Death, but he couU
not pronounce that she had compasse<l, prac*
tised, or imagined the same, &c. And then
Mr. Sanders was called lor in, to take notice
of this Sentence. — Note, — Th^t the earl of
Shrewsbury sent his Judgment in writine, coo-
taining his consent unto the same; and so
afterwards did the earl of Warwick. — ^Tlie
Commi!>sion reci eth the Statute made in the
27th year of the Queen's Maje>ty*s reijin, ami
authoriseth the Conmiissioners to eiamine,
whether Mary the Scots queen, since the first
of June, the same '27th year, hath compassed
or imagined any thing tending to hurt the
Queen's Majesty's person ; or whether she hath
been privy, that any other person haih com-
passed or imagined any thing tending to tlie
hurt of her Ilighness's person, and thereupon
to give Sentence or Judgment, as up<m good
proof the matter shall appear. — She was di-
rectly charged by the Queen's Serjeants, that
she had compassed and iuKigined tlie death and
destruction of her Majesty, and also was pri*7
and consenting to the conspiracies and Treasous
of Antliony Babingttm, and John BuUurd, and
their confederates, and so was within the com-
pass of both the said articles of the Statute aad
Commission. I'^or declaration wheieot; hfst,
it was opened, That Ballax d being a Seminait
Priest, and one that, by the space of five or
six years, bad ranged tliroogh wombj paits of
121.1]
STATE TRIALS, 28Eliz. ISSQ.-^Mary QuMi (if Scots.
[1214
the realm, disguised in apparel, and under sun-
dry several names, seducing the Queen's sub-
jects, and withdrawing them from their due
obedience, did go into France, in Lent last
pa&t ; and about a week after Easter, had con-
ference in Paris with Charles Paget, Thomas
Morgan, and Bernacdino de Mcndoza, the Spa-
nish Ambassador there, touching the invading
of this realm, by foreign forces, rebellion to be
stirred amongst her Majesty's subjects, and a
strong party to be made to assist and join with
the invaders, and tlie Scots queen to be deli-
Tered. In which eiitcrprize, Charles Pa^et af^
firmed, that there was no liope to prevail dur-
ing her Majesty's life. — Hereupon, Ballard was
sent into England, by direction from Charles
Paget, and Mendoza, to solidt and practise
the execution of this their Complot. — He re-
turned to London upon Whitsunday, being
the 22d of May, and within four or live days
after, he conferred with Babington, and ac-
quainted him with all the whole Plot of these
Treasons. — In thiif Conference, Babington and
Ballard resolved, TItat all foreign power and
invasion were in vain, unless the Queen's Ma-
jesty were taken away. Whereupon they con-
cluded, that six gentlemen should undertake
the killing of her Majesty, and that Savage, who
before that time was solicited at Rheims to ex-
ecute that wicked action alone, and thereupon
had vowed to perform that accordingly, and
was come into England for that purpose, should
forbear to attempt it alone, and should be one
ci tlic six : and at the time of the execution
thereof, Babington, and certain others with
him, should deliver the Scots queen. — ^These
things, with many other material circumstances
and parts of their Treasons, were directly and
voluntarily confessed, by divers of the principal
Conspirators, both before and at their Arraign-
ment, as appears by the llecord ; whereupon,
to their deserts, and the justice of tlie law, they
were attainted and accused. — After this Declara-
tion thus made, the Proofagainst the Scots queen
. was entered into, and prosecuted, as hereafter
followeth. — Firhf, was read a Confession made
by Babington, written all with his own hand,
and delivered to the l^ord Chancellor, Lord
Treasurer, and Mr. Vice Chnuiberlain, volun-
tarilv and fninklv, before he was comniitted to
till* Tower ; whertin he setteth down at large,
about lour years past, being in Paris, that lie
did there grow ac(|uainted with Thomas Mor-
gan, wlir» broui^ht iiim to the bishop of Glas-
i:ow, nmbiisiindor ledger in Franco for the queen
of Scots, mid they both rccoinniended their
tni-'tress unto him, as a mobt wise anrl \irtuou3
Catholic prin'c*s5, declaring the certain expec-
tation of her future greatness in this land, by
reas'>n of the inidoubted title to this cr/)wn^ as
next in HUCces»ion. — And after his return in
England, they, by their Letters commended
him to her service ; whereupon, she wrote unto
him a Letter of congratulation. — After which
he was solicited by 'other letters from Morgan,
to be an inte!lit:encer for her, and convey her
letters and packets. — This courie of sen ice he
continued for tbt space of two years ; and about
a quarter of a year before her remove from the
earl of Shrewsbury's keeping, left it off, and
discontinued the same until July last. At
which he received from her a short Letter in
cypher, by a boy unknown unto him, signifying
her discontent for breach of their intelligence,
requiring the same to be renewed. And that
she would send some packets unto him, which
she had received from Thomas Morgan, in
April last before. — He doth also set down at
large what conference passed between Ballard
and him, and tlie whole Plat of tlie Conspira-
cies and Treasons. — He declareth further, that
lie did write a letter to the Scots queen, touch-
ing every particular of this their Plot, and sent
it by the same unknown boy. — Unto which she
answered, twenty or thirty dayi after, in the
same cypher, by which he wrote unto her, but
by ^another messenger; the tenor of both
which Letters he carried so well in memory,
tliat he reported and set down fully all th«
principal points of the same, as upon confer-
ence of his said Declaration, with th^ copies
of the same Letters, it appeareth. — He affirm*
eth also, that he shewed the letter of queen of
Scots to Titchborne, who did assist liim in th*
decyphering of the same ; and that he shewed a
copy thereof to Ballard and others.
After the reading of Babington's Declaration
aforesaid, a part of Ballard's Examination was
Ukewise read,, concurring with the same :
wherein he affirmeth, that Babington shewed
him a copy of the Letter which he did write to
the queen of Scots ; and also a part of the Let-
ter which the Scots queen did write for answer
to him, the whole not being then decyphered ;
and setteth down, very certainly, divers mate-
rial points of the same.
Titchborne and Dunne, in their several Ex-
aminations, do also affirm that Babington did
impart unto them the same Letter from the
queen of Scots; and do hkewise report sundry
particularities of the same, and Titchborne
affirmeth farther, that he, at Babington's re-
quest, did write a great part of the same, as
Babington did decypher it, aad read it unto him.
Atler this was read a copy of the Letter
written by Babington to the Scots queen,
wherein these material and effectual parts
were, and are to be noted. First, he termed
her his ' dread sovereign lady and queen,' and
acknowledged all fidelity and oliedienoe to her
only. — He significth unto her, that upon ad-
vertisement by Ballard from beyond the seas,
of the purpose of certain foreign powers to in-
vade this realm, he hath now staid on purpose
to do her sacred majesty one day's eood scr?
vice. — That he communicated thib his purpose
to such of the friends as he liest trusted ; and
saith, that upon conference with them, he
hath found these tilings, first to be advised in
tliis great and honourable action, upon the
iskiie whereof depended her life, and tHe weal
and honour of our countnr.
First, for assuring of the Invasion, sufficient
strength in the invaders, ports to he appoiotett
1215]
STATE TRIALS, 28 Eli z. Ibl^G.-^Proceedinge agamsi
[1216
for tlie foreign princes to arrive at, with a
strong parly at every place to join with them,
Co AVarrant ilkeir landnig. Then, the Deliver-
ance of the Scots queen, and the dispatching
of the uijurphig competitor, the effecting where-
ot^ he duth vow and protest, or else their lives
t<> bo loht in the execution thereof. — In all
these particular points, he praycth her dicec-
tion, and lor the avoiding' of delay, that she by
her princely authority would enable such as
may advance ihe atVuir ; seeing that it is neces-
sary, that some there be that become heads,
to lead the multitude^ ever disposed by nature,
in this land, to follow the nobility : he oflfereth
also, to recommend ^ome unto her, fit, in his
knowledge, to be her lieutenants in the West
Parts, North Wales, and the countries of Lan-
caster, Derby, and Stafford. — He promiseth
chat himself, with ten gentlemen, and 100 of
their followers, would deliver her from her
keeper. — And for the dispatch of the Usurper
^from the obedience of whom he saith, that by
the excommunication of her, they were mads
free), six noble gentlemen, all his private friends,
would undertake that tragical execution. — He
prayeth her, tiiat by her wisdom it be reduced
to method, and that her deliverance be first,
for that thereupon depended th<iir only good,
and all otiier circumstances so to concur, that
the untimely beginning of one, do not over-
throw tlie rest. — He . subscribetb : * Your ma-
jesty's faiiliful subject, and sworn servant, Ay-
THONY BaBI>G10.V.*
'I'hen was read a Copy of the Scots queen's
'Letter to Babington, in answer of his, whereby
ihe ternicth him trustv and well-beloved ; she
commendeth his zeaf and entire affection to-
wards her ; she accepteth and alloweth his
oHer.s ; she declareth, that she hath long time
dealt with foreign princes touching these ac-
tions, :Uways putting them in mind liow dan-
giTDUs their delays were to the catholics. She
willeth him to assure their principal friends, that
allieit tihe had not in this cause any particular
interest, that which she may pretend, being of
no consideration unto her, m respect of the
public good of the state, slie would be always
ready and most willing to emph)y herein her
life, and all that she hath, or may ever look for
in this world. — ^To ground substantially this
Enterprize, she adviseth to examhie deeply. 1.
What forces they could raise within the realm,
and what captains to be appointed in e\ery
^hire, in case a chief general cannot be had.
'2. Of what towns, ports, and havens, they could
avsure themseUes, as well in the North as West
und South, to receive succours from the Low
rountrics, Spain and France. 3. What places
they esteemed most fit, and of greatest advan-
tage, to assemble their forces at, and wliich
way and whither to march. 4. What foreign
forces, as well on horse, as on foot, they
rcf|uired, and for how long pay. 5. What pro-
vision of money and armour, in case they
wanted, tliey would ask. 6. By what means
the six cenilemen did deliberate to proceed.
7. And Uic maaner how she was to be oelivered
out of hold.— She deviseth, that after they had
amongst themselves taken their best resolotion,
that then they should impart the same to Men-
doea, and she promiscth to write unto him of
the matter, with all the earnest recommeoda-
tion she could ; and also to any else tliat sbookl
be needful. — ^I'hc affairs being thus prepared,
and forces in readiness both witliout and
within the realm, she saith, that then shall it
be time to set the six gentlemen to work ;
taking order, upon the accomplishing of their
design, that she should be suddenly transported
from the place of her restraint, and all their
forces to be at tlie same time in the held, aod
meet her, in tarrying for the arrival of the
foreign aid, which must be hastened with til
diligence. — And for that there can be no cer>
tain day appointed for the accomplishing of the
said gentlemen's designment, site willeth, that
cithers may be in a readiness to take her from
thence; that the^ said gentlemen have always
about them (or at the least at the court), four
stout men, with speedy horses, to dispatch ly
divers ways, so soon as the said design should
be executed, to bring intelligence to those
which should undertake her deliverance, so that
bhe might be taken from the keeper before bt
could hear of the execution of the said design,
or at the least, before he could remove her to an?
other place, or fortify the place whereiu she rt-
niaincd ; and at the same instant to essay to cut
otf the posts ordinary ways. — She giveih earnest
warning not to stir on this side, before they be
well assured of foreign forces, nor to take her
away, befbre they were well assured, to set her
in the midst of a good army, or some very good
strength^ where she might safely stay for the
assembly of their forces, and arrival of fore^
princes. — She referreth to Babington to aMure
the gentlemen above mentii>ned, of all thtt
shall be requisite of her part, for the entire exe-
cution of their good will. — She promisetb to
essay, at the same time that the work shall be
in hand in these parts, to make the catholics
of Scotland to ari^e, and put her son into their
hands, to effect that, from thtnce, her enemies
here may not prevail of any succour.— She
willeth also, some stirring in Ireland were la-
boured, for to begin some while before any
thing were done here, to the end that the alarm
might be given thereby, on the flat contrary
side that the stroke should come. — That fur
a General, it were good to sound obscurely the
carl of Arundel, or some of his brcKhren ; acd
likewise to seek upon tlie young earl of Nor-
timmberland, if he be at liberty : and the ead
of Westmorland, and the lord Paget, should be
brought home secretly, and w^n tliem some
more of the principal banished men should re-
turn.— She directeth three means fur her deli-
very; viz. 50 or 60 to deliver her from her
keeper when she was riding to take ;ur on tiw
moors between C hartley and Stafford. — Or to
set fire in f he barns and stables at Chartlcy, in
the night-time, and when her guardian senrani^
should go forth to quench the fire, then tbs
others tv» enter and take her Away.-^ tt
STATE TRIAL?, 28Eliz. lfiS6.^Mary&utenqfScoih [I21S
1217]
cause some of the carts, which came with pro-
vibion very early, to be overturned la the great
gaceii, by practice with tiie cart drivers, so tliat
the gates could not be simt, and then those
which were appointed for her dchvery, to enter
the house upon the sudden, and tu take her
away. — Finally, she requireth, for God's sake,
that albeit they cannot compass her dehvcry,
yet notwithstaiKJin^ tluy should not let to pro-
ceed in t\w rest ot the enterprize. — She con-
cludeth, uliat issue soever the matter taketh,
she will think l»erself obliged to Babington so
lon^ as she liveth, f;)r his odcr to hazard hnnself
(as he doth) for her delivery.
Both these copies of the two several before-
mentioned Letters, were advisedly perused by
Babington, and thereupon he did voluntarily
confess the same to be the true Copies of his
Letter to the Scots rjucen, and of her Answer
to trie s;uiie, and for aflirmalioii thereof, he
sub<)cribe(l hm name to every page of both the
Mild copies wall his own haiyJ. In doing
whereof, he was so circumspect and careful,
tiiat iiuding two or three words mistaken in
the writing of the Copy of the Letters, he
struck out the same, before he did subscribe it. ,
Hereupon it was ur^ed and inferred by her
majesty's learned Council, that if Babington's
Letter came to the Scots queen's hands, tl.en
it was apparent that she w;is privy to the Con-
spiracy for the taking away of her majebty's
hfe. And likewise if bhe did write unto Ba-
bington to buch eiftct, as in his Declamtion
written with his own hand, and in the same
copy recognized and subscribed by him, is con-
tained, then it cannot be avoided, but that she
did not only compass and imagine, but did
also practise, the destruction of her highness,
and so was directly within both the parts oj
the commission and statute.
Hereunto the Scots queen, after her Protes-
tation, answered, that she ne\er saw nor knew
Babington ; and denied that she received any
fuch Jitter from him, or that she wrote any
such Letter to him, or that she was privy to
his conspiracies, or that bhe did ever practise,
compuss, imagine, or was privy of any tli^ig
to the Destruction of her majesty, or to the
hurt of her person ; confessing nevertheless,
that she had used Babington ns :ui intclli^ence^
for Iter, and for the conveying of letters and
packets. — And she added further, that she was
not to be charged, but either by her word, or
by her writing, and she was sure they had
neither the one uor the other to lay against her.
After which Answer so by her made, divers
other matters were alledgcH, and shewed forth,
to prove that she did receive the same Let-
ttn from Babington, and did also wri^e An-
awer unto him, as the before-mentioned Copies
did purport; with farther proof, as hereafter
followetli : — First, it was inferred, that since
both the Letters were written ih the cypher
used between the Scots queen and Babington,
and all the points of Babington*s Letter directly
ami eifectually answered by the other, it can- •
uot be, but timt «he received his Letter, and
VOL, f.
SO made the Answer unto the same ; and the
Alphabet of the same Cypher being found
amongst Papers, and shewed to Babington, he
acknowledged and thereupon subscribed his
name to the stune, as it appeared. — Also, the
imparting of the same Letter by Babington to
'liichborne, who.did help to dccypher part of
it, and to Ballard, Dunne, and others, when he
was at liberty, and feared not the discovery of
his Treasons, but hoped then, within short time,
to bring the same to his debired effect, is a
stronger proof of the same Letters. — Besides
the voluntary Declanitions and Confessions of
the same Letters by Babington, Ballard, Titch-
borne, and Dunne, ai'ter their apprehension,
and their amslnnt persisting in the' same, be-
fore and after the time of their Arraignment,
and till their death, without retracting any part
thereof, enforceth greatly the credit of the
same. — And there is no likelihood or probabi-
lity thai Babington, or any one, would of him-
self devibc and impute to others, a matter of so
great im|;ort:mce and extreme danger.
Then it was added further, that besides the
matters before mentioned, it was manifest, as
Aell by the Declarations and Confessions of
Nau and Curie, her servants and secretaries,
subscribed with their own hands, without tor-
ture or conbtrainr, and by their voluntary oaths
verifying the same, that the Scots queen did
receive the same Letter from Babington, and
caused the same to be decyphered, and after
advice, reading, and consideration thereof,
caused the said answer to be written to Ba-
bington in her name. — And for proof thereof,
it was alledgcd, that the Copies of the same
Letters being shewed by som^ of the lords of
the council, to Nau and Curie, they, upon
reading and perusing thereof, subscribed their
names thereunto, aihrming the .same, ^nd ac-
knowledging that the Scots queen received the
same from Babington, and thereupon she did
give direction for the writing of the other unto
him : which was verified, by shewing forth the
same Copies so subscribed by them. And
Nau settcth down in writing with his own hand,
the 6th September, that the Scots queen did
commonly hold this course, in receiving at:d
writing of letters of secrecy and importance,
viz. That all Ictteri written to her, were opened
in her cabinet, iu her own presence, and de-
cyphered by her own commandment; and such
letters as she did write to others, she did first
either write tl)e sttme in French with her owti
hand, or give direction to Nau tj write the
same; after which, the same being perusi*d by
her, or read unto her, if they were to be wiittcu
in Knglish, then did Curie traubhiie ihcm out
of French into Ensjlish, and did etl5oons read
tlK'ni unto her, the same being so translated ;
whicii being done, Curie did put tlie same in
cypher, an(l so they were sent away. lie af-
firmeth farther in liis faid Declaration, That
tlie Scots (jueen gave direction for the writing
of the said Letter to Babington, and that in
the writing thereof, the cour^u aforesaid was
holden.
4 I
12}9]
fTiVni TilTAT.S, 2S KiA%.
Theie wa.* uho slicwcd f »rtli a P.iner wriuen
by Nau, coiitr.iiin;; sh'>it MintitCi ami Xotfs
of tbe princiual points of BHi>i[ij;i/»irs Letter,
Add of iIjO .Scot-) rjucci/s Iji.tUT lo IVi'ln^toii,
whicli was foumi ainon^i't litT I *a perjj ;il Chart-
lev, wh-cii hriiii; sliLwed «iiiio N;iu h\ sDinc of
ti'.e lords of tro <c)uncil, 1>j upon ^ight ilit*reof
coijfessel it to Ijc liis o.vn hand, &.»vini:, lliat
xipou reading Baliin^ton's liiUi'to t[»c Scots
queen, and her (iirct tiou givci tor the aii-
Mvcring of the saine, he did m t do'^n the same
Notes, to >erve as a tnernonal for liin), for the
vritin;; of other leilcrs; ami iliis his C'ont'es-
.sion, in that !jch:d:", diti he •iuh^cribc in the
snnic paper, with his own hand, in presence of
llie suid lords, and put iiii natne thcieunto ;
mid after, in anotlier Ksaniiuatimi, aliirnicth
ihe bome.
In this Paper, amonj:*-? otlier Loints, Is con-
tiMTied l.e Coup, which can hardlv l>e eonstriicd
to he nK?ani othirwiso, tiiiin tlie blow or stroke
for Killing of her niaje'tv, being wriuen iipon
9onie occasion, and to Mich end, us N:iu liatii
declared, as is aforesaid.
AlbO« Cuile perusins; an al)Stract of the priii-
cijtal poir.ts of both thi* said Letters, did confess
and atiirm the :ianie, and thereupon, brfore the
said lords,, did with his own hand sublet ibe his
suid atliimiitioo, nud put his name thereunto.
'llic same p«>int9 were put into French by
Nau, and written all witli iiisown hand, and by
him likewise confessed to he the mutters con-
tained in the same Lettci*s, and thereupon also
he did subscribe his name to the same.
Beside-*, Nau being examined before the
Joi'ds aforesaid, the 21st of Se!)t., touching the
said Letters, said that Curie (ii«l dccypher Ba-
bin<;ton*s Letter to the Scits queen, and afier
he (the saitl Nau) did read it unto her, and she
resolved to make answer unto tiie ?:une.
And saith furtl.er, 'Mmt he took [\v^ f;oi:'.i^
contained in tiie Sj »L^ qticcirs Lolicr to LJu-
bington, of her o\mi mouth, fro::! ] oint to poinr,
in the snine manner as ho |-nt in writinu ;
fvheri'upon ho did draw tlie liittcr in French,
und after bronj;ht ir untv) her, and sIn' corre^'.ed
it in such soit as it wa!> se t to Ji.ibinaton.
And saith, that the ^c«>ls c|utcn rlelivercfl u:iio
him l»y her own ^peeeh, tin -c p(iint-j foliowinn,
for Answer of I).ihing;ron''. Ltlter, upon Ci'miji-
deration of the same J^.Mter fiom n;'.bii»';tt)n,
KJierein iliv same points vieri- contained, vi?.
What fnrn s were to le had here, what havens
and port*«, what ])laces f ttoL lor ihc forces to
as&emble ; what foreign fi.»rces they nvquirod ;
what provi-sion, money, and armour; by what
tneans the bix gentlemen meant to proceed ; and
the manner how she was to be dehvcred out of
hold.
He saith also, that the clause of the Associa-
tion upon pretence to withstand the I*urltans,
nvas devised by the Scots queen herself, and uus
by lier dirertion put into the said Letter; and
so likewise, ihe other clause that the si^c geoile-
meii should have some stout men well horsed,
to give speedjp intelligence i^hen the design-
a^iit should be executed.
This Eximinatiou of Nau was fir*t set dotfii
in Enjili^h, ncrordiiijr as lie rieliviTed it hy
spetch, and b'-ini!; read untu hiiD, he did suU
srriiie his na:n«j unto the oaiur, and :ifier, upon
perusal ani furtlit-r consider.iiioii thereof, he
did ^ct d*)wu in French with hi« own husd the
substance thereof.
C>rle bcini: hkfrwiso examinei l>efore tl:C
said lords, the slid 21st I*ept,, saitli, 'Ihit he
decypherod Babiugton's Ltfiter to the ^c-.-H
queen, and then the same was read uuro her hy
Nan, whereupon she direcfetl Nau to draw mi
Answer unto the same, which he drew in
French, and read it unto iter ; w hich beiii^
doiif*, Cntle pu: it int«) English by her com-
luandment, and after, read it unto Nau, and
then, by her commandment, Corle put it into
cypher. — lie saith, That tl»e snrac her Letter to
B.ibington had these parts, viz. What fonxi
may be niised here; what hat ens antl ports
provided; what place fittest f(»r the forces fo
assemble; wl»at toreJj;;n forct-s they required;
what piovision, money, and armour, ibey would
a^k ; by what means the six gentlemen meant
to proceed, and how they meant to deliver her
out of hold. And that the same letter coin
tained.a cl.iuse also, that the six gentlcmea
siiould hare four stout men, well Ii<>r:4ed, to
give advertisement so soon as the desigumcnc
siiould be executed ; and contai:ied thne
means, for her delivery out of hold ; and li:»d
also a device for an As'^oe iation to be pretciidetl
against the Puritans. He saith ulsi>, she Milled
him to burn the English Copy of the Lctitrs
sent to Babington.
These Examinations of Nau and Curie «frc
bub^icribed vvith tlieir own hands, and u!-
linned upon their oaths, voluntarily taktii
before t!ie lords and judges, and so souicut
the Si.il lords and judge.* did openly amrm.
All thc>e Corfessionsand Declaration*, Kxa-
minution^ and Subscription-*, of Nau and (SM:\t,
weie verified bv tlie oath of Mr. Thocp.s
iV)well, Clerk of the Crown, wiio iras present
when they did write and dej.o>e the same, and
being frl.ewe<l to the Scots queen, she coafi»»scd
the satne to he the hands of Nau nn.l Curie;
atheit, us r-he said, Nau had not written hii
name as he did usually accustom lu sii^n; bu?
vhc denied earnes:Iv, that she did ever rcceiu-
tlie simo Letter from Babincton, or write the
I Oihi-.r unto hrm, whatsoever Nun and Curie h;*'!
said or deposed, sa\in>! she did take tlicm to he
honest me.i; but she did not know what oppTx*-
, liension, torture, fear or hope of favour, m'ilit
; niako in them.
i After the*e Proofs thn«» produreil and yhe*^
it was alleged further, That the ^Scots q:icen had
ni'.t only intelligence by Babington of Ballard's
negtjciation in France, from the agents in FrancCi
and with what direction, aiid tor f»hat porpoif
he was sent from thence into Rngland, bat had
alio the Hke intcUigeace out of FntDCC, from
her agents there.
And thereupon was shewed fivth A Gnpf ^
a Letter irntten to the Scots queen byCktffei
< •
1221]
STATE TRIALS, 28 Eliz. \5S6.— Mary Queentf Scots.
[1^22
Paget the 26lli of Maj^ 1586, stilo natOy which
uu^ dccj^phcre I hy Cuilc, and being shewed to
hiin hy suineot'thV lonls, the iiSlh of Sept. lie
coufesscd i!ic y.um , as well by speech, as by his
own volumarv bub>cription* and pulling his
name tUercunto. \Vhcrcl»y Charles PjL'et diti
si;j;i»iiy what conference Ballard had with him
and iMcndoza; and wbaj Plot they had K'vicif
for the invasi'^n of the roulm, and stirring of re-
bellion ; aiKi what directions Meudoza had
given unto fiallard.
It was also allejied, That after the Scots
queen had rectfived tl»e said Letter , from Ba-
bin|;ton, and had written. Answer, point f^ir
point, to the same, and given dircction, touch-
n\2, cbe whole Plot, promising witiial to write to
Mendoza, and to any else titat should be need-
ful, she did, accordin;;ly, the 27th ofjuly, make
dispatch o{ five severai letters, nil touching tlie
same action, vi?. three into France, one to
Mendoza, another to Charles Pa^ci, and the
third to the bishop of Glascow; and two into
Spain, one to I bo lord P«gC't, and another to
ftir Francis lugletield.
Slie wrote to Mendoza, that slie was so dis-
couraged from entering into any new pursuits
seeing the small ctl'ect of those in iimes past,
that she shut up her eyes to diveni overtures and
propositions thai were made unco lier by tlie
Cathohcs within six moiiths past, having no
means to give thfrn sound answer. — But upon
that, which of late again she understood of the
good intention of the king of Spain towards
Chebc quarrels, slie bad written very amply in
the pcincipal of the s'.iid Catholics, upon a de-
sign which slie sent, wiih her advice upon cteiy
point, to resolve aoiong>t thoiftstlve*, f<)r the
execution thereof; and for fi'ar of luss of lime,
slie ga^e them order to dispatch u:ilo Mendoza,
with all diligence, une from amoi:g them, suf-
ficiently instructed to treat with hii.i, according
to the general propositions which have bten
idready uKide unto him, of all things which they
were to demand of hiui in that atfair with the
king his master. — Further, she answereth him
on tlieir behalf, upon their faith and word jc^iveii
unto lier. That they would taithfully and >in-
ct-rely accooiplish,with the hiizard of their lives,
that w hich they should promise by their deputy,
and therefore praycth Mendoza to give all cre-
dit therein, as if herself had dispatched him. —
She saiih further, that she would inform Men-
doza with the rac:u)s of her escape, which she
would take upon her to pcifonu, so as afore
hand she may be assured of sut^icient forces to
receive and preserve her w iihin the land, whilst
all the armies may assemble.
The original <lraught of this Letter written in
French by Nau, and by him subscribed and
confessed, wasshewcdto tlie Scots queen, which
she confessed to be his hand, but said, it was
nothing to this matter. — Ihere is also n Copy
of the same in English, of Nau*s hand, and
subscribed and signed by him.
Sbe did write unto Charles Paget, That, upon
leturn of Ballard, the principal of the Catholics
iiid Jni{NUt uato ber, their iutention and coiiie-
rence t9 that which Charles Paget wrote, but
more particubirly asking her direction for tho
execuuon of the whole, and that she made them
a very ample di>paich, containing the device^
point l»y point, in all things requisite, as well on
this sidf, as without tlie realm, to bring their
dfS'L'nment to good circct. *
That she directed them, that for losing no
time, havia;]^ taken res<jlutioQ amongst them,
up'>n her dispaich, tJiey would make haste to
impai't the same to Mendoza, sending over
therevvttli, enther the said Ballard, or some
other tiie most faithful and secret they could
find. That slie promised to write to Mendoza,
as she did presently, to give credit to the said
mcs«^engcr. So tlmt if the pope and king of
Spain had even intention to provide for the
isle, the occa&i<in is presently offered, very atl-
v.iutageous, finding all the catholics therein
uitiversaliy so disposed aud f<irward, as there is
more ado to keep them back, than put tlu?iii
forward. — That for all ditViculties which Men*
doza coulJ allcdge, as for getting lier fortli of
hold, or oiheruisc, he should be thereof suliici-
tnily cleared and sati&fied. — That it restcth
only to pursue, so hotly as can be, both in
Rome Hiid Spain^ the grant of support requi-
site, of h(>rM}men, footmen, arms, amimiuition,
and money. — That her opinion is, and that so
she hath wiitten to the catholics, tliat nothing
be stirred on this side, befjre \\w.y have sutiici-
ent promise aiid assurance of the pope and
king of Spain, for the accomplishment of that
which is required of them. — That she would
have sent to Paget, a copy of her dispatch to
the Cttthohcs, were it not ilivit she is sure, that,
by the messenger, be should know mir«
thereof than she can write, he l)eing to carry
into those parts the nsolution of the whole,
and for the same respect she referred the lord
Paget to be thciof informf d by Charles Paget«
She thanketh him for the* sixty crowns he
gavctd Bollard, promising to make him re-
imbursed of the sanu', bv tlic nm)>assador. —
She requirrih to know how he hath proceedtMi
with the lord C'huuie, in the matter whereof
she wrote nn'o him not long since, which l>eing
well effected, thould well concur with the entcr-
prize here.
Two orif;innl draughts of this Letter wero
sheweil ionXxy one in rreoch, written by Nau,
the other 111 Englifrli, wiittui by Curie, which
they cotiAsiK'd by their subscriptions, and
niiirmcd by iheir oaths, before some of tlie
lords, as Mr. Thomas Powell did then depose.
She did write to the lord Pager, rir.it she
doubted not, but be bad nnder«>tood by his
brot'.ieiV ibe overture which a deputy for the
catholicii in this realm, bad made on tlieir t>e-
hidf to Meudoza : wbereHpon, not long since
she wrote very amply to the prmcipal of the
catliolics, for to have, upon a plot whi/.'h sl>e
had dressed for tliem, their common resolu-
tion ; and for to treat accordingly with the
king of Spain, she addressed tiiem to tlie lord
Pajiet.
She rcquirtth him ta consider deeply tJle
1223]
State trials, SSEuz. l5S6.^Proefedii^s against
[122V
stiid Plot, and all the particularities necessary
for the execution of it ; nuinely, for the sup-
porting of men, armour, rowiition and money ;
which 1UU5C be obtained of the pO|;e, and of
the king of Spain. She requireih tu solicit
tlie matter there, and to enter betime, because
all negociations in that court are drawn to
great length.
This was also first drawn in French by Nan,
and after put into English b^ Curie, and both
the original draughts of their own hands were
shewed forth, which they had confessed and
subset i})ed before the lords, and atiirmed the
same by their oaths, as Mr. Thomas Powell did
also depose. ,
She did write to sir Francis Inji^lefield, to
give thanks to the king of Spnin, f:)r the 13,000
crowns ; assuring him, that the same should
be employed to none other use, but to the ac-
coriiplishnicnt of her escape. — That she feareih
the bruit which runneth, of a peace between
the king of Spain and this queen, shall retire
many to pursue the designment of an enter-
prize of new dressed here. — That the principal
catholics of England having, about Easter lust,
made their complot together to rise in Leices-
ter's absence (niy'*tlf not hiving wherewith to
give them a substautial answer), sent one frotn
UTDongst them to Charhs Paget, who made
their messenger to declaie their designment
to Mendoza, to know if his master the king
of Spain would hearken thereunto. — Wheie-
upon all good hope being brought back again
unto thcin, as they signified unto her, and find-
ing the same in manner c^nflrmcd by Ingle-
field's letter; she made them a very ample
dispatch, by which, upr-n a plot v\hlehshe had
dresst^d for them, she gave ihein her advice,
point by point, in every thiuir necessary for the
execution thereof, and remitiini; them to take
resolution thereupon. — That for to lose no
time, without sending again unto her, they
should di>patch, with all dil:t;cnce, some one in
their name:?, chosen, faithful, and sufficiently
instructed, to Mendoza. — To impart unto him
particularly the plot of t'.jeir enterprize, and to
require tuch support as is necessary of men on
foot and hor>e, as also of armour, ammunition,
and money : of uiiicli tiiini:^, btfore they had
sullicient promise and itsiiunince, not to stir on
this side. — That she had cle:iied the greatest
ditficnltv, which has al\^avs been objected in
the like enterprize, viz. her escape out of hold,
and she hopeth to execute the same assuredly,
as they shall design it. — That, if a peace he
made in France, her ccnisin of (inisc, having
already great forces, may emph»y the same
h( re, on a sudden, before the queen he aware.
Of this Letter there was also shewed for the
two origuial draughts, one urliten ii» French
by"Nau, the other in English l>y Curie ; uhieli
they had like«ij.e confessed and sub'jcrilied be-
fore the lords, and confirmed by their oaths, as
Mr. Powell deposed.
She did write another Letter to the bishop
of Glascow, whicli, for that, in these points, it
did in subbtaiice concur with ibe formtrf con*
taining also sundry other matters, not pertinent .
to this accord, was not lead, but the first
draught in French written by Nau. and by him
confessed and subscribed before the lords, was
only shewed forth, for the vcrirying of the
some.
After that, the original draughts of these
Letters to Mendoza, and Charles Paget, were
shewed to the Scots queen, and were confessed
by her, to be the hand-writing of Nau and
Curie ; she refosed to see the draught of sun-
dry other Letters hereajier mentioned, which
were likewise offered to be shewed unto htr,
saying. She cared not whether the same were
wriiten by them or not, and acknowletlgiag
withal, that about that time she made sevend
dispatches, to suc^i ctfects as these Ijetters did
purport, which was, concerning aid to be pro-
cured for her delivery, saying, that the same
was nothing touching the matter wherewith sbe
was charged.
Hereupon it was urged, that this Letter
concurring directly, in matter and cireuiu-
stanccs, with Babingion's letter to her, and
her Answer to the same, did prove evidently
that she received the one, and did write the
other, and so was privy, and a compasser and
practiserof the design of the Death of her ma-
jcjity, and on this iiehalf tliese particnlaritief
were specially voted.
She write th to Mendoza, Charles Paget, and
the re>t. That the Catholics did signify unto her
their intentions, and that she made them an
ample Dispatch, giving her advice upem eveij ,
p(»inr, point by point, upon conference together
of BaCmjiton's Letter to her, with her Answer
to the same; this appcartth to be true, i-r
by his, she hath intelligence of their plot and
intention, and by the othe^r she gi%eth her di-
rection an<l :idvice, noiiit by point.
In her Letter to Charles Panet, slie write^li.
That upon the return of liailard, the* princ.|rjl
of the Catliolies had imparted unto her their
intentions, conformable to tliat which Charlie
l*aget wrote unto her; but more particularlj
upon conference of Babington's J.eiter with
that of Charles Paget of the 291 li of May, it
appearcth, that Babington setteth down suiKirf
particularities (tf the plot, more than are con-
tained in Pagei's Letter,
In her letter to Babington, she promisefh lo
write to Mendoza, and others, and in tbos«
which she did write to Mend<i2a, Charles Piiger,
^c. ^he writeth. That she had given such di-
rection; and accordingly Ballard was prepared
and ready to have taken that journey, if l»e
had not been prevented by his apprehemion,
as IS confessed by Ballard, Babington, and
Savaj/c.
She writeth to Charles Paget, &c. that the
difficulty which hath been obji-cie^d, toachi»|;
her delivery out of hold, is cleared, andth:it>he
]H>peih to have it executed as»tat«iiy» aocr>rd-
ing to her designnieut-
And accordingly, in B.ibingtonV Letter to
her, and her ant«rer to the same, the inaaacr
ntm of Ur Meape Ji tat tklWii «| biib •
1225]
STATE TRIALS, 2S Eliz. \ 596.— Mary Sueen (f Scots.
[122*
In her letter to Charles Paget, ^she saith,
She hath wiitten to the Catholics, that no stirr-
ing shall be on this side, before they have
suiiicient promise and ^surauce for the accom-
plishment of that which is required ot'the pope
and king of Spain : and in this her Letter of
answer to Babington, it appeareth, that she did
Nvrite to that effect.
In her Letter to sir Francis Ingleiield, she
writeth, That for Scotland, she is about to
practise that her enemies may have no succour
tiience.
And accordingly, in her Letter to Babington,
she writeth, That she would essay, at the time
that the work should be in hand in these parts,
to make the Catholics of Scotland to arise,
and put her son in their hands, to the eifect
that from thence her enemies may not prevail
of any succours ; and withal willeth, that some
stirring in Ireland were laboured for, to begin
some while before, to the end the alarm may be
given on the flat contrary side that the stroke
should come.
Both which her devices have not failed of
their success, for there have been stirs and
troubles both in Scotland and Ireland, t^e latter
end of this summer.
And where the Scots queen confessed. That
she had written to procure Invasion and Re-
bellion, and seemed to justify the same as law-
ful, for to obtain thereby her delivery, it was
said, that being within the realm, and pro-
tected by the laws, and so subject to the same,
she might not use those means to compass her
delivery, whereby the queen's life was appa-
rcnily sought ; for invasion and destruction of
her majesty are so linked together, that they
cannot be sinirle ; for if the invader should
prevail, no doubt they would not suffer her
majesty to continue neither government nor
her life ; and in case of rebellion, the same
reason holdcth.
It was further alledged, That, besides these
several Letters before mentioned, she did, about
the time that these things were in Imnd, write
djvers letters to" sundry other persons beyond
the seas, wherein she taketh herself to be the
sovereign of this realm, containing sundry
matters very dangerous as v\ell to our sove-
reign th^ queen's majesty, as to the *»ln>le state
of this realm. By which her intentions, in the
matters wherewith she is- now charged, may
the belter appear.
The 20ih of May 1586, she did write to
Charles Pactt to practise with the Spanish Am-
bassador in France, to stir the king of Spain
to invade the realm, and to take revenge on
the queen's mjijesty.— Th;it the surest and rea-
diest way to I id himself altogether from this
queen's malice, is, by purging the spring of the
malign humour;*. — That by this long patience,
he hath not pri'vailed any thing, and that there
is no other niecms to set up again the king of
Spain's affairs in the Low countries, and to
assure his estate in all other parts, than in re-
establishing this realm under a prince his friend
•—That if he deliberate, to set in this queen, he
assureth himself of Scotland, either to ser^'C
liim, or to be so bridled, as not to serve his
enemy. — That she will travel by all means, to
make her son to enter into the enterprize, or,
if he cannot be persuaded thereunto, then she
will dress a secret league and bond amongst
the Catholic lords of that country, to join with
the king of Spain. — That she wilf make her son
to be delivered into the hands of t*lie pone, or
king of Spain, with paction to set him at liberty
whensoever she shall devise, or after their
death, himself, being Catholic, shall desire,
without'that ever the king of Spain should pre-
tend or attempt any thing to the prejudice of
her son (if he yield him Cathohc), in the suc-
cession of that crown. — ^Tbat a Regent should
be established in Scotland, to govern in the
absence of her son, and for that purpose
named the lord Claude Hambleton, alias Ha-
milton.— That she should write to the lord
Claiide to procure him to draw the Catholic
lords of Scotland, to be at the king of Spain's
devotion. That, after answer .received from
the king of Spain, conformable to this design,
then Charles Paget to wTiie plainly to the lord
Claude, that he hath charge from her to deal
with the lord Claude in this matter, shewing
that it is needful to seize her son's pcrs(m, if
he cannot be willingly drawn to tltis enterprize,
and that the next way were to deliver him in
to the pope or the king of Spain. — That Charles
Paget should indirectly put the lord Claude
in hope, that she will make him to be declared
lawful heir to the crown of Scotland, her son
failing without children, and that bbc will pro-
cure the Catholic princes of Christendom to
condescend thereunto". — She chnrgeth him not
to communicate these things to any, either
Knglish, or French^ or Scottish, and to pray
Meudoza, and the lord Claude, to dd the
like. ^
The Letter was first drawn in French by Nau,
and then translated in Enghsh, arid after put
into cypher by Curie, and an Extract of the
principal points thereof, was confessed and
subscribed before some of the lords the 25th
of Sept. which was openly read and shewed
forth.
Then was read another Letter, which the
Scots queen wrote to Mendoza, the same 20th
of May, concurring with the former to Charles
Paget, wherein she writeth. That Charles
Paget had a large Commission from her, to
impart to Mendoza certain overtures on her
behalf — ^I'hat there was another point de-
pending thereupon, which she had reserved to
write to ISIendoza himself, to be Sent to the
king his master, on her l)ehalf ; no man else,
if it were possible, being privy thereunto, viz.
Tliat considering iier son's obstinacy in heresy,
and foreseeing the imminent danger like to
ensue to the Catholic church, he succeeding
in this crown ; she resolved, in case her son
were not reclaimed to the Catholic religion,
as she had t'itlc to give and grant her right to
the king of Spain, in succession of this crown,
by her last will and testament, praytng him to
1227] STATE TRIALS, 28Eli2. {SSd.—Proce^ings against Mary ^hdeat (if Scots, [1228
take into bis protectioo, boib lier, and the state
liod affairs of this reahn. — She willeih this to
be secret; Yorasmuch, if it should be revealed,
it should be in France, the loss of her dowry ;
in Scotland, the clear breach of her son ;
and in this country, her total ruin and destruc-
tion.
This Letter was first written in French by
the Scots mieen's own hand, and then trans-
lated into Jijiglish, and put ijito cypher by
Curie, as he coui-csscd and subscribed the same
the 25th of Sept. last.
Upon reading of these Letters, it was noted,
That the Scot:! qucen*8 intention was, to sub-
ject this crown and realm to the king of Spain,
to the utter ruin and destruction, lK>th of the
queen's majesty, and of all the antient nobility,
which purpose appeareth to be generally holden
by the English fugitives and traitors beyond the
teas, as fiabington and Savage set down in
their several Confessions and Declarations :
and that their intention is, to procure the king
of Spain . title to this realm, • to be confirmed
and mvested by tlie pope, to take away all ob-
jections against it. And as Bahington saith.
Dr. Allen and Parsons staid longer at Rome,
to solicit the same.
After this was read, another Letter written
to the Scots queen, by Dr. Allen, the 6th of
Feb. wherein lie wriieth unto her, * IMadani,
my good sovereign, for our resolution out of
Spain, the wliole execution is C(nnmitted to the
prince of Parma.' That father Parsons, Owen,
and himself did bring the king's determination
to tlie prince, who seemed as glad as they, that
he might have the eHcctuatiog of it ; anid gave
great sign to do it, strait upon the recovery of
Antwerp, but hiu*pcd still upon this string,
that she sliould by money, or some means, put
herself out of ihcir hands.
Then was read the Scots queen's I-.cttcr to
Dr. Allen the 20th of May 1586, whrrein f^lic
called him ' Reverend Fatlier,* and saiih, * they
have overslipped many good occasions :* and
wisheth, that they should not witlml omit iliis
new ofier, pinching ne^r by this queen.
Upon thcise Letters were inferred, that Dr.
Allen did acknowled<xe her to be his Sovereign,
nod to be the queen of tliis reahn in present
possession, and she accepting the same, gave
nim the title of a bisliop. Wliercuuto slie 'an-
swered. That though Dr. Allen, and divers other
foreign princes^ and the Catholics of tliis realm
did so take her, yet she could not do withal;
but ibr herself, she did not claim to be so.^
It is also to be noted, that tlio resolution
iK'iuch was to be put in execution by the prince
of Parma, and which tlie Scots queen was so
careful should not be oversiipt,, cannot be
thought to be other but matter of great peril to
her niajt>6ty's person and tliis state. And so it
may also be gatliered by a Letter written by tlie
prince of Purma t) the Scots queen the I'^th of
Jan. 1686, where lie writetb, that touching the
great secret, he would keep it^ at it becoueth,
and put to effect as much as she should com-
mand, and sliould be in his power.
Also, tlie Scots qi\ccn did write to Dr. Lewif,
ult. April 1586, wherein she willetli him to im-
part her congratulations to the new elected
pope, and her afi'ection towards iiini, chieti) for
that she understaiideth his resolution beut, to
follow, as near as he can, the traces and foot-
steps of good pope Pius 5, of whose meuionr
she beareth a singular reverence, for the singu-
lar compassion he had of her present state, aud
his endeavour which he did manifest to relic^t
lier.
Whereupon, it is to be noted, that her imagi-
nations be against the queen's person and state,
since she exciteth the pope to follow the ste)>s
of Pius 5, who pubhshed the bull of excommu-
nication against her majesty, and thereby de*
nounced her to be no lawful queen, aiui di?-
charsed her subjects of their obedience and
allegiance; out of which root hatli sprung all
the traitorous practices that have since beea
attempted against her highness's person.
And ii)r tlie verifying of these Letters before
mentioned, written by the Scots queen ; it is to
l>e remembered, that the original drauglits ot*
nil these Letters, saving that only which slic
wrote to Bahington, which, as Curie Atlirmetii,
she commanded to be burned, as is before meo-
tioncd, were found amongst her Pa{)ers at
Chart ley and put in a chest, scaled up by Joha
Manners, esq. ; sir Walter Ashton, knight, and
Richard Bagot, esq. ; which was first opeiud
and unhealed, and the same draught taken oat,
by certain of Uie lords and otliers of her ma-
jesty'* Privy Council.
Afler, on tlie 24th of Oct. the Lords and
other Commissioners bein^ assembled at tiie
Star Chamber at Westminster, to confr*' of Uie
said matters, and touching their Sentence, N&a
and Curie were brought personally before them;
and the Papers, Letters, and Writings which
they had before confessed and subscril*ed, and
uthrmed by their oaths, as is aforesaid, l^ing
tl\^n and there likewise shewed unto them, tU'f
did then eftsoons voluntarily acknowledi^e and
adirm all that to be true, which they had U tore
so confessed and iuibscribed, and thut ihf^ hod
so confessed and subscribed the same, only ia
respect of the truth, frankly and voiumariiv,
witliout any torture, constnint, or threateiiin::.
And the said Curie did then also further at-
firm, that as well the Letter which Babiii|;toD
did write to the Scots queen, us the draughts tl'
lier Answer to the same, were both homed ai
her comniaod.
He said also, afler the decyphering of the
said Letter written by Bahington, and ilie trad-
ing thereof to the Scots queen, he admoulrhed
her of the danger of those actions, and per*
suaded her not to deal therein, nor lo make aoj
answer thereunto : and slie thereupon said »h0
would answer it, bidding bim do that which be
was commanded, nod which appertained wm
hiro.
1^29] STATE raiAM, SO Etrz. 1 587 — Arratl'nmeni of Mr. Daoiam. [ 1 2 JO
65. The Arraignmcntof Wii. Davisov (Secretary of State to Queen
Elizabeth) in the Star-Chamber, for Misprision and Contempt :
SOEliz, March 28, a. i>. 1587. [MS. in Caius Coli. Camb.
Chiss A. 1090, 8. p. 267. MS. in the Bodleian Lilir. sub. tit.
Juridici, 7843. 862. p. 23J.]
BeftH-e sir Cliristnpltcr Wraye, Chief Justice
of.KaqlniKl, who for the time stito as Lord
I'riv v-b'enl ; the archbishops of Canier!)Ui7
and. York ; die carls of Worcester, Cumber-
land, and Lincoln ; tlie lords Grey, Luinley;
BIT James Croft, the comptndler ; sir Gilbert
Germrdy Master of the RoUs; the Lord
Chief Justice of the Common Pleas, Ed-
mund Anderson ; sir Roger Mai) wood, the
L«ird Cliief Baron ; and »ir Walter Mildmay,
the Chancellor of the Exchequer ; For healr-
ing of a matter of Misprision and Contempt
a^inst Mr. Davison, late one of her majes-
ty's Secretaries, and one of her Privy-Coun-
cil, by virtue of a Commission to them
directed*.
Whereupon Mr. Popham, the queen's
Attorney -General, spake in form following :
My Lords, I am to inform your lordslups in
her majesty's behalf, of a certain great aad
grievous Contempt and Misprision against Mr.
Davison, there prisoner at the bar, late one of
her majesty's secretaries. The manifold a«id
sundry practices committed by tlie Scotash
queen are not unknown unto your honours,
which were offences iu the highest degree, ancl
required to be looked unto with speed. It is
well known unto your lordships also that there-
upon, by earnest in treaty- and intercession,
her majesty at length condescended that the
matter should be h?aid and decided according
unto law. V»' hereupon, were those honourabLo
proceedings had nt Fotherin|«hay. But tlie
residence which bcloufrcd thereunto, to-wit,
the Execution, her majesty politicly neither
consented unto, r.or denied, esteeming no cle*
niency in the former, nor wisdom in the latter.
Which coiirse, she held from the 25th of Oct.
all Nov., Dec. and Jan. During winch time,
most horrible conspiracies agaimt her majes-
* Queen Kiizabeth undertook to make the
public believe that the execution (of the Queen
of Scot-*) was done against her will, and with-
out her know'erige ; the way she went to work,
was thus : Davison was the instrument she
made use of, without his knowing any tlung of
the matter, to act this sort of Comedy. A lit-
tle before the Queen of Scots' sentence he was
made Secret;iry of State ; and it is very likely
be was put into that post on purpose, that he
might be drawn into tlie snare, and made ac-
countable for Mary*s dcalh. Riipin, vol. ix.
(Oct. Edit.) pages 105, 106. See also pages
109, 110, 111, ilV, 113, for more particulars
of this affair.
ty's sacred person were contrived, most f;Use
rumour that the Scoiish queen was escaped,
spread abroruj. and bruicetl that foreigners
were landed for invasion ; all wltich, <^r pre-
servation of tlie 5H:otisb queeu, and prejudice
of ours. Upon these considerations, her ina«
jesty asoented to sign the Warrant for her Exe-
cution, b}^ whom such tumults were raised :
notwithstanding, being moved to mercy by her
great wisdom, she thought it necessary to hava
it in readiness, if any attempt should be began,
and yet not in haste to execute the same : Xlil%
so signed, she left witli Mr. Davison to carry
tlie great seal, to have it in readiness as afore*
said. And be, after the scaling, and without
her majesty's commandiDcnt, presei\(ed it unto
the lords without her privity, contemptuously.
Notwithstanding, upon the delivery thereof to
him, her majesty bid him use secrecy. And
upon question made by the lords whether her
majesty cootiaued in that mind for cxecutioa
of the Scotish queen, lie said, she held that
course still ; and upon farther question made,
said her majesty would not be farther troubled
with that matter. Wliereupon the lords seeing .
no impediment, dispatched the Execution,
wherein Mr. Davison did break the secrecj
her majesty reposed in him, in delivering it
unto the lords, and dealt very contemptuously
in not making her privy, knowing her mind tfi
be to the contrary. For her majesty sent Mr.
Killegrew unto him, commanding him, if it
were not sealed alroadv, it should not be seal-
e<l ; and after, when he told her majesty it
was sealed already* she asked him what haste ?
This act so done by him, he being but a par-
ticular counsellor, her majesty doth take it a
matter of hi^^h indignity and abuse of her
counsellors, and a thing of the greatest mo*
roent that ever happened since her reign,
since whicli time never any couosellor in mat-
ters of far less importance proceeded without
her resolution or privity : which thhig she
leaves to your honours ^consideration for pu-
nishment thereof.
Davison, with a comely countenance, re'>>
plenished with gravity, a dne dcirverance of
speech, but a voice somewliat low (wliich he
excused by late sickness) discreetly answered
in sort ensuing : — ^My Lords, I am ri^t sorry,
that au action of this nature, for the honaura-
ble Proceedings against the Scotish queen,
than which never was any tlniig more bono^r-^
able, should after the full and laudable pef-
fonnanco thereof be called into question.
Afrain, my lords, I am most sorry that her
gracious highneM should conceive such an hi^h.
1231] STATE TRIALS, 30 Eliz. 1587 Arraignment qf Mr. Davison, [1232
displeasure against me, ns to trouble yuur ho-
nours with me at tliis present. But as in all
mine actions heretofore, I have been most
faithful aud fonvard to do her majesty's com-
ttiandments ; so in this, by yonr honours fa-
vour, let nie bear the tebtimony of my con-
science, that I have done notlimg either wit-
tingly or willingly, but as became an honest
man. And therefore, first, that I delivered ic
unto the lords without her commandment, or
against her commandment ; let it be lawful for
tne with your honours leave to protest the con-
trary.— ^lo that the Attorney answered, I said
not that you delivered it unto the lords against
her commandment, but that you knowing her
mind to be contrary to it. — Davison to that
replied. Well, then, I desire to have the proofs:
thereupon the Solicitor-General read Ins Exa-
mination, wherein to the sixth point he sayeth,
That after the signing and sealing he made her
not privy to the sending down. — Mr. Davison
to that anstvered; My good lords, the Warrant
for the execution was signed and sealed by her
majesty's express commandment ; which being
io, I lake it to be irrevocable in law. Where-
upon, by the advice of the lords it was sent
down, she not being privy to sending down,
wherein I thought I dealt as beseemed me :
for writs of execution do not use to come to
her majesty. That I was so forward, I thought
it my duty, a^nd for no other reason I protest ;
for 1 never had any private grudge or hatred
against the Queen of Scots, but in respect of
my country and common-weal. The Warrant
rested with nie six weeks before I presented it,
and when I presented it, my J-<ord Admiral
will witness I was sent for. llie place I held,
I protested I never sought for : it pleased her
majesty for some gracious opinion of me to
prefer me thereunto. In which I am assured I
have not committed any wilful error, but as
an honest man should do : for nothing in the
world is more dear to me than my reputation.
1 confess I said to some lords, 1 took it to be
her majesty's pleasure to proceed thciein, and
I appeal to her majesty's own conscience if I
had not cause to tliink so. But she i.s my most
gracious sovereign ; it is not my duty to say, if
she gainsay; I will not stand in contestation
with her, for it bcscouvs me uot, and therefore
I submit myself to what punishment your ho-
nours shall please to Iny upon me.
To that the Solicitor (Ei»erton) answered ;
Mr. Davison, you do well to extol the honour
of the Proceedings, for it beseems you, and so
the truth was. But 1 must tell you the more
honourable the proceedings were, the more is
your -contempt in not making her privy. In
reserving the Execution, I note her majesty's
magnauimity, who not regarded the dangers of
her own self, to continue the other's life. And
yet her wi«>doni is therein to be commend-
ed, who thought good Co have it in a readiness,
with intention to have clemency to long as
might be. In not contesting with her ma-
jesty you observe duty, hut by your means was
a great contempt; and further, she said to you,
you bhould use it with gr^at secrecy.
To which Mr. Davison said, I confess it;
and the Solicitor replied. Why then that was a
caution not to do it without her consent: to
notwithstanding your intention was good, it
was a foul error. Whereto Davison rejoined,
She is my roost gracious sovereign, as good a
mistress unto me as ever any servant had, and
what I have I had it at her hands, I hope there-
fore, my lords think ine not so unwise as to of-
fend her, unless by oversight ; but that I did it
wittingly or willingly, I protest I did it uot<
And notwithstandmg she sent Mr. Kiilegrew
that it should not be sealed, if it were not
sealed already : yet it proves not but that she
had a mind to do it when it was sealed. She
said unto me, What haste ? whereto I answer-
ed, I had done k by her majesty's command-
ment, and that such a thing might not be dal-
lied withal. Now, my lords, the retusoos to
move me to think it was her majesty's meanine,
were sundry and divers : first, the honour aud
justice of the cause: next, I knew of adverti^y
ment from beyond the seas of her majesty's
imminent dangers. Also I was privy to tbe
Proceedings at Fotheringhuy. I was not igoo-
rant of the doings in Parliament. J^st of all,
the rumour of Invasion, the cries and tumults
in the realm, which moved me, having no es-
* press commandment to the contrary^ to do as I
did. — When he had said this, Mr. Solicitor read
liis Examination, where to the second he saich,
When her majesty bade him use secrecy, be
said lie would be as careful ixnd secret as should
need : to the third, he confesseth Mr. Kilkf rev
came unto him, telling him, if it were not
sealed already it should not be sealed. To ibe
seventh, after the Warrant was se:iled, lier ma-
jesty, asked him, What haste? Whereto Davi-
son answered, Tliough her niajesty comm'^ndfd
roe to keep it secre:t, and I told the council «i
it, how can X be thought ill of for that? For
her mjijesty bade me expressly shew Mr. Se-
cretary Walsingham thereof; my Lord-Chao-
cellor must needs know it, forasmuch as he
must seal it. And her majesty made my Lord-
Admiral privy thereunto ; why then might I
not make it known to some others that were
chief couiisellocs.^ To that said Mr. Attonicy,
Though Mr. Walsingham should know it, yet it
was not general. Mr. Davison answered, Nei-
ther was I verbally commanded to conceal i(
from the rest. Then said the Solicitor, Ano-
ther matter makes against you ; my Lord Tre»-
surer did ask you, whether it was her majcstyi
pleasure.' And you answered. Yea. To tfast
said Davison, I remember not that. Tbe Soli-
citor replied. It is my Lord -Treasurer's terti-
mony. And Davison rejoined, I reverence his
testimony ; and proceeded, saying. My lords,
the cause is between her majesty and me: sht
is my gracious sovereign, and 1 her sen ant, it
behoveth me not to say, it' she gainsay ; neither
could 1, as I said, contest against her; yet let mt
protest, that, in my own conceit, I liave desk
as sincerely soundly, and honestly nsanysenaaC
con Id do. 'Then spake the Lord Chk( Jvaact
of England; saying, By that if she asked yo%
I233J STATE TRIALS, 30 Eliz. l5S7.'"far3Iisprisi<m and Ontenq>t. [1234
What baste ? You mi^^ht know it was her plea-
sure to defer it, and therefore you to do it
without her commandment was a great oHence.
—Then spake Gawdie, the queen*s Serjeant:
, My lords, four things I note that Mr. Davison
coufesieth ; first (hat her maje<»ty bade him use
secrecy; next, the Warrant being sealed, Mr.
Killegrew was sent unto him, that were it aot
sealed already, it should not be sealed at all.'
Thirdly he confesseth her majesty was content
be should shew it Mr. Walsingham, which proves
she minded to £eep it from the rest. And it
Jiad been his duty to have known her pleasure :
and therefore for so much as he Confesseth
this, I take it to be a great contempt. Indignity
and Misprision for him to say his intent was
good ; he thought it so, is no Answer. Fourthly
her majesty told him, she thought of some other
course to be taken, and he gave her no An-
swer ; besides, he confesseth he told the lords
it was her majesty's pleasure upon such a de-
mand made. Davison answered, that general
demand was made. Gawdie replied here, It is
the Lord Treasurer's testimony. Davison re-
joined, Let me have right ; it was but privately
demanded between my Lord-Treasurer and me.
I will not speak in excuse, but only to ans«^er ;
I demand, whether the imparting of it to tlie
Council be such a contempt : farther, there is
difference between an eipress commandment,
and an implied speech. The loss of my place,
I do not esteem, neither weigh I this disgrace ;
only her majesty's disfavour is the thing that
grieves me. — Then Puckering the queen's Ser-
jeant began to speak, aggravating Davison's
Offence, and forward to accuse, and yet seemed
more pro forma tantum^ than of any matter he
had to charge him withal, more than had
been spoken of beft^rc. Whereupon Davison
answered. All this speech is answered, but that
I made her not privy; whereto I say, I made
her not privy in respect my lords of ttie council
thought it not necessary, because it was not fit
she should be privy to the Execution. 1 will
not stand upon terms, as I say, for it becomes
me not, but submit myself to your honours
censures.
Then said Wraye^ Mr. Davison, to say it
was irrevocable you are deceived, for she might
do it at ber pleasure. Then said Davison, I
beseech you, my lords, make means to lier ma-
jesty that I may have her favour ; and fur the
rest, I wave it not. Whereupon Wraye willed
sir Waiter Mildmay to deliver liis opinion;
who began in form following :
How honourable her majesty, our gracious
sovereign, hath dealt in all justice, is known to
all tlie world, against such Traitors, by whom
ber life should have been taken away ; where-
opon should ensue,^ subversion to the whole
state, upon the proceedings whereof it appeared
that the Scotisli queen was cliief author, deal-
ing most ingratct'ully against her who helbre
tune bad saved her from them that vehemently
sooght her destruction. And notwithstanding
dmt her majesty might have proceeded against
ha as a private person, yet she granted her
VOL. l»
Commission' to great persons to liear what she
could alledge in iier defence. And albeit that
upori the hearing thereof she was declared to
be Guilty, yet none could think Execution
might be done without her majesty's express
assent. Then lie dilated of the proceedings of
Parliament, the Petition, her Answer thereunro,
wherein he noted her wisdom in hot being
hasty in so high a matter; he shewed fariiier,
how she was contented to hear ambassadors, if
they could propound any thing in her de-
fence. Afterward followed the Proclamation
to notify the Proceedings passed unto the peo-
ple; for people, said Ite, l>e desirous to hear of
state-matters, and I warrant you itch to under-
stand what we do here : herein, said he, was
justice, mercy, and discretion. Afterwards^
Upon the and cries, she thought it ne-
cessary to look unto it ; upon this she sealed
her warrant, yet continuing tier former clemen-
cy, not to put it in Execution; for as it was in
her to grant that it should be done, so she might
stay and defer it ; which slie so meaning, it be-
hoved her to trust somebody, and so, s:ud he,
she did this gentleman, called unto her service
upon trust, who, for the acquaintance that I
have had with him, was worthy of that place.
This trust she committed unto him, and I am
sorry, said lie, he was not in this so good a ser-
vant as in all other things. Surely he had no-
table cautions, not to have presumed in so great
a matter to have done any thing without her
commandment. His offence, said he, I interpret
in two degrees ; an abuse to the trust, and the
Contempt : for the first she willed him to tell it
Mr. Walsingham, and it is no excuse to say^
she forbad you not the rest : for you ought not
to have told it unto any but whom she would.
Also, which aggravates your offence, you told
the lords she was pleased. For the Contempt,
the writ was not delivered unto you, but had it
not been delivered unto them to ^ hom it was
directed, then hud it been a commandment.
Your good intention was no Ausvver, neither
ought mv lords to allow of if, alheit |>er case I
could allow it, because I know you. Also
your fault is the greater, which you know.
Farther, you were near her, and had time con-
%'cnient to shew lier ; hereof said ho, hath fol-
lowed a greater mischief to the queen's-majesty^
which may turn to all our hindrance, furasniucti
as our welfare depends ivpon i)er well-doing.
Next, said he, hatli followed a dishonour to her
rnajcsty, thsa she having governed this land so.
long time in all obedience, a servant of hers in
this age, should have so small regard. Noiv for
my opinion of the Offence, it resteth to consider
what punishment is behoveful in such a case.
Punishments in this court arc cither corporal,
or pecuniary, pecuniary by fines imposed upon
offenders; and corporal, by punishments and
such like. Now, said he, if the fine should b«
secundum quantitateni delicti^ I tliink he should
not hear it; for I know his estate. Surely less
than ten thousand marks may not be sutlicient,
which though it be t»o great for his abiHty,
yet is it t(K> little for lus fiuilt. The qua^»
4ic •
1235] STATE TRIALS, 30 Eliz. \5S7.— Arraignment qfW. Davison, [l2i«
^cation, n hereof, resteth iu them wliere I
doubt not he shall find favour; next he niuiit
sutTer Imprisonment durin^ir |^r majesty's plea-
sure, which must be reserved to her merciful
iniiigation.
And after him spake Manzcood tlie Chief
Baron, who in the beginning of his tale took so
large ascope^ as many did judge he would be te-
dious, as he was indeed. First, he declared lum* in
the very beginning ihe queen of Scots bewrayed
her malice against (he crown oft bis land when
she was queen of France, at which time she
made letters patents as queen of England ; she
usurped her m»jesty*s stile, and she quartered
the arms of England. Then la descended unto
her doings when she was dowager ; liow she
excused her former offences by reason of cover-
ture : then he declared her marriage with the
lord Darnlcy ; the murder of her husband, the
practices witli die bishop of RobS ; her conspi-
racy with the duke of Norfolk. To conclude, he
couched the whole history which any way con-
cerned her hfe or maimei-s. At last he came
to Mr. Davison's offence, which he took in law
to be a misprision ; and yet not every com-
mandment of the prince transgressed, is a mis-
prision : But, said he, when one is put in trust
m a point of justice, which is the government of
the common -weal, there a commandment
transgressed is a misprision. For example
whereof, he cited a ca^e there in that place de-
luded; ui aning sir John Throckmorton's case,
as many deemed. Also, said he, if a sheriff
exercise his office without an outh, that is a
misprision. And, said he, if one ha\e power by
law to do a thing, if he prevent tlie time where-
in it ought to be done, that is a misprision.
And if a judge for expedition of justice should
sit in judgment before the term, that is mispri-
sion. Now, said he, this is a misprision, be-
cause you prevented the time in domg it before
irou were commanded, although the thing were
lawful : for you did fustum, but not fuste.
Farther, by naming Mr. Walsingham in spe-
cialty, it was a secluding the rest in gcnerahty.
And, also, if the warrant were sealed, yet was
it not lawful to kill her, because the direction
was special, and, not general So then he con-
cluded the contempt was great, and the punish-
ment assessed by sir Walter Mildmay wortliily
deserved, whereunto he agreed.
After him, spake Anderson, Chief Justice,
who said, The Proceeding hud been honourable,
which he would not speak of, being known unto
all men, and having been spoke to before.
But to come to the case in question ; in the
Accusation, said he, be two parts, first, that
Mr. Davison, without her maje>ty*s ctmmiand-
ment, sent it down ? and the second, that
figainst her commandment he made the lords
privy. For the first, he confessed ; to the se-
cond lie saith she bade him use secrecy, llie
causes alledged by him are good^ and yet rhe
proceeding therein, that which caused the of
&nce, the words, * use secrecy,' and not to
catise it to be pubhsbed or known to any
Thea he ^ing one of her migcsty't Councd,
the fault is bad ; and it is the worse, becanst
by her saying ' what haste,' he might gather
what her mtcnt was. Mr. Davison saith, he
excuscih it by love to tlie commonweal,
which a man may term blind love, which is no
excuse, but it rcmaineth a Contempt, sod a
Contempt is a Misprision ; and yet is not every
Misprision a Contempt? If a man do a thii^
without a w arrant, it is a Contempt ; and so bs
concluded this to be a great offence worthy the
punishment inflicted upon him : and so ended.
After him spake the Master of the BMt
agreeing with the censures of them that spake
before; and that Mr. Davison's great zeal
made him forget his duty : also saying, that the
point did rest, whether he did know it was her
majesty's pleasure it should be stayed, which;
said he, appeaieth by his own confession ; and
therefore, m fine, he agreed with the fonaer
censures.
Next spake sir James Crofts who said not
very much, and yet spake somewhat : that he
loved the man well, and so had eaase, saying,
that he had no lack of good-will ; but yet bad
grievously offended. So he subscribed in opi-
nion to the fonncr judgment.
After him spake the lord Lumleyj who di? tded
the offence into two parts. First, The negkct
of his duty; and secondly, The breaking of
his duty-: saying further, that the Judges had
told the law, and we must believe them, that it
is within the compass of a Contempt. The
matter, said he, is evident: for first, her an-
willingness in the Parliament was a significa-
tion of lier mind, which he let slip. And far-
ther, in saying, that she was of that mind still,
surely you spake without the book, which wis
a very bold part ; for you ought to have told
them how dutiful it was ; yet, sir, you took a
worse course, that such a high matter by your
persuasions, as it should seem, should be done
without her privity. Why said he, what an
abuse of the counsellors was this? Surelj a
great abuse I and if it were a fault against thnn,
much more against her majebty : this is one of
the highest otTences, by my trowth, (for so Ite
sware) that ever subject did against the priuce;
and though you were my brother and heir (be*
fore God I speak it) I think the punishmeot
too little; yet with no offence to you, but for
the qualify of your fault. But, I say, liad t
greater Fine been imposed ifpon you, I would
easily have agreed thereunto.
After him spake my lord Grei/ ; who said,
Two points were spoken of: the first, tou^'hiog
the queen of Scots; and the next, Mr. Davi-
son's offence. For the first, said he, it is largfit
discoursed : for the last, my good lord*^, let me
crave your farther examination. His offence
is made the more for di\ers circumstances; the
first circumstance is, for that it was for txccu-
tion of a quemj but what queen? Snrtlyouch
a queen as pnictised most horrible 'IVeasons
aj^iiinst our sore eign quetn ! ^uch a queen, as
con«pire<l the overthrow of the wlnile sitfie!
yea, such a queen, that sought the su!ircr^i<w
of Christ's true Religion^ tu bring oar v^k
1^57] STATE TRIALS, SO Eliz. 15S7.--ybr MupHsim and Comafft. [1258
a Judge, to decide a matter which did concern
•^te ; for he inveighed against Mr. Da-
beadlong to the devil i So then, iny lords, the
taking away such a queen, can no way aggra-
vate his fate. The second circumstance is, his
breach of secrecy, which he excuseth, that he
told it but to the chief counsellors: whereas
Mr. Walsingham, my Lord>Adiniral an<l Lord-
Chancellor, cither by necessity, or conunand-
ment from her majesty, did know it undoubted-
ly. Whatsdever my lords before me have
Ihought ; his answer in the behalf doth satisfy
sne, so I am resolved. For the third point,
the asking what haste ? and he afterwards, to
•end it down without her privity, here, even
here, ii the full proof of the Contempt ; here
is that, that causes the offence, which he seem-
eth to acknowledge, yet with two considera-
tions: the first, the seditious tumults within
the realm ; the next, advertisements from Ire-
land, and beyond the seas. Now, my lords,
roust not these considerations move him rather
-to put himself in her majest^s mercy by deal-
ing without her commandment, than commit
htr majesty to the mercy of her foes by oheylne
her? For had that other thini^ happened
(which , God forbid), that her majesty would
have miscarried, and then iliis Warrant signed
and sealed had been found in Mr. Davison's
hands, wanting nothing but execution, should
we not then have judged him a tray tor ? should
we not have torn and rent him asunder?
Surely, my lords, I should then have thought
liim more worthy of ten thousand deaths, than
now of the least punishment that may be in-
flicted upon him ; tor each of us, in preserva-
tion of our country, ou^ht to lose our lands,
our livings, and sacrifice our bodies ; howbeit,
I excuse not his offence, neither do I agree it
as a Contempt, and I agree with the punish-
ment ; and yet I think his fault proceeded
from a very good zeal he bore unto his country;
and I pray God, that that peculiar ornament
of pity and compassion wherewith her majesty
is singular, may be so extended towards him,
tlmt all good subjects, by bis example, may
neglect their own private hindrance or disgrace
in respect of the furtherance of tlie weal
public.
After him spake the Earl of Lincoln, who,
for liis opinion, thought it was but negligently
done, and not contemptuously; but had it
been done in contempt, he would have then
tlM>ught Fine and Imprisonment no sufficient
punishment for an ofl'cnce of that quality ; yet
the Offence being as it is, for company, said
he, I agree to the fine : but in mine opinion it
i» too much, saving that I know her majesty is
merciful : and for the rest, I agree with my
lord Gray.
The Earl of Cumbtrland repeated the case,
neither aggravating nor denying the offence;
but briefly concluded, he agreed in opinion
with sir Walter Mildmay.
And the Earl of Worcester said nothing, sav-
ing that he was of the same mind with Mr.
Chancellor, that spake first.
After him spake the Archbishop of Tork,
epeaking/ m be was; like a Bishop, rather than
the
vison's offence by places of Scripture : Obe*
dience, said he, is the only virtue, and disobe-
dience the contrary; and God requireth nothing
else bnt obedience. St. Paul saith, * Let every
soul he subject unto the higher powers,' &c.
And when Joshua was appointed Ruler over
Israel, the people said, Mhey would obey him
in all things.' If then they ought to obey a
prince in all things, much more in those things
which be good. I am sorrjr, said he, for Mr.
Davison, for he did it neither wittingly nor
willingly, as I think certainly, but of a good
mind to cat off our common enemy : that it was
a good deed, must needs be confessed ; hut tha(
it was not well done, must needs be granted.
To reveal secrets was bad : for her majesty im-
part! not each part of her counsel to every
Counsellor ; so then his offence was a disobe-
dience, and a great fault. He allegeth in ex-
cuse, I think, a good intention, but that ex-
cuseth not the fault: for obedientia est melior
quam sacrificmm. And St. Paul saith. Nan
facimut malum nt inde veniat honum. There-
fore, said he, the offence was great, too dan-
gerous ; for, in such a case, one would be twice
advised, if he were either honest or wise. Last
of all, he concluded he agreed with the Punish-
ment assessed, and so ended his sermon.
Then spake the Archbishop of Canterbury^
That tlie matter had been opened ; first, con-
cerning the doings of the Scotish queen, whom
he thought, living and dead, was ordained to
disturb and trouble the State of England.
Then concerning Mr. Davison's Offence, Al-
beit, said he, that which is done could be wished
to be otherwise done, yet none, I hope, could
wish it were undone; whatsoever he did> in
my opinion, said he, he did it in the super-
abundant zeal of Religion unto her majesty,
and love to the Commonwealth. These be
great arguments, said he, and yet no excuse : for
^modus non factum tfficit culpam; although the
act were good, yet can I not excuse him in the
circumstance; howbeit, said he, the mercy in the
Prince in deterring it was se\'ere ; for there is
a severe mercy, as well as a merciful severity :
for, it is written, * He slew Og the king of
* Basan, for his mercy endurcth for ever.' Yet,
said he, mercy in a Prince is not to be re-
strained; and therefore, because the example
may be dangerous hereafter, that counsellors
may presume to do without the commandment
of the Prince, which is a mischief more intoler-
able than an inconveniency ; therefore I agree
to that punishment which is before agreed.
Last of all spake Wraye, Chief Justice, who
shewed the Cause, and said farther, That (o
every Contempt a commandment wus not ne-
cessary, which in my opinion was needful to be
proved; for, said he, the bishop of Winchester
came to the Parliament, and afterwards de-
parted without licence, and thcrtfore had a
grievous Fine set upon him. Myself, Auid he,
am a Justice of the KingVBench ; in the Term
we liear of matters of Treasooi 1^ the reasou
1239] STATE TRIALS, SOEliz. \ 5B7 .—Arraignmeni qf W. Datison, [1«0
.of our office ; and out of tlie Term, by Com-
mission of Oyer and Terminer associate with
others: if, said he, u Commission should be
directed unto mc and others of Oyer and Ter-
miner for a matter of Treason, and we should
arraign the person, and adjudge him to die, yet
%vould I not put him to execution; and yet the
Commission is to hear and determine. Surely,
I think you meant well, and it was bonum, but
iiot bene. Finally, he agreed the punishment
should be as it was first of all assessed. But
farther, said he, I must tell you, that for so much
as the fault is yours, it declares her majesty's
sincerity, find not privity in this action, and
chat she is offended therewithal. Farther, ray
lords, 1 must signify unto you from her ma-
jesty, that forasmuch as the Lords of the Coun-
cil were abused by Mr. Davison's relation, in
telling them she was pleased, and that which
they did was for her safety, opon his wrong in-
formation, the lords be sorrowful because they
were abused by him; therefore her majesty
imputcth no fault to any of the counsellors,
but only to him ; and the rest she doth dis-
burthen of all blame.
This said, Mr. Davison craved leave to de-
mand one Question, and make one Petition.
For your Question, said Wraye, I think it was
. * *' Davison thus excused himself in an apo-
logctical Discourse of his to Walsingham : * The
Queen,' says he, * afl^r tiie departure of the
' French and Scottish ambassadors, of her own
' motion, conmianded me to deliver her the
' Warrant for executing the Sentence ogainst
' the Queen of Scots. When I had delivered
* it, she signed it readily with her own hand :
* when she had so done, she commanded it to
' be sealed with the Great Seal of England ;
< and in jesting manner said. Go tell all this to
* Walsingham, who is now siok, although I
*■ fear he will die for sorrow when he hears it.
* She added also the reasons of her deferring it
' so long, namely, lest she might seem to have
* been violently or maliciously drawn thereto;
* whereas in the mean time she was not igno-
' rant how necessary it was : moreover, she
* blamed Pawlet and Drury, that they had not
* eased her of this care, and wished that Wal-
' singham would feel their pulses touching this
* matter. The next day after it was under the
^ Great Seal, she commanded me, by Killigrew,
^ that it should not be done : and when I had
* informed her that it was done already, she
' found fault with such great haste ; telling me,
* that in the judgment of some wise men, ano-
* ther course might be taken. I answered, that
* that course was always best and safest which
' was most jast. But fearing lest she would lay
*■ the fault upon me, (as she had laid tlie put-
' tin)( of the duke of Norfolk to death upon the
' lord Burleigh) I ac<iuainted Hatton with the
* i^bole matter, protesting that I would not
* plunge myself any deeper in so great a busi-
* nets. lie presently imparted it to the loni
* Burieigh, and tbeiord Burleigh to the rest of
* the council^ who all conseaud to Imft tho
never the order in this Court, after tlie' matter
is heard judicially, to answer any Question,
(which sir Walter Mild may affirmed ;) but for
your Petition you may speak. Truly, my lords,
said Davison, my Question shall be such as iu
your own coriscienoe shall seem reasoaahle.
Whereat they neither gave him leave nor de-
nied him. — Whereupon Davison said. If this
Warrant, being signed and sealed, and left with
me, and wanting nothing but execution, it
should have fortuned her majesty should hivt
miscarried, wliether then — Nay, said Wraye
and Mildmay, now you enter into that which
is discussed already : yea, said Manwood, that
Question was moved by my lord Gray.
Well then, said Davison, I will not seek for
present enlargement of my liberty, nor release
of my Imprisonment, altliough ny body be not
well able to endure it ; only let your bonoan
clear me, I beseech you, of all blemish of dis-
honesty, and be mediators for me, that I re-
main not iu her majesty's disfavour and dis*
grace : for I protest I snail be contented with
any condition and state of life whatsoever, if I
may have her majesty's favour.
Whereunto the Lords universally answered,
he spake like a good subject. And so tbt
Court arose.*
* Execution hastened, and every one qf theoi
* vowed to bear an equal share in the Uamc^
* and sent Beale away with the Warrant aad
^ Letters. The third day after, when by a
< dream she was told of the queen of Sood^
* Death, I perceived that she wavered in her
* resolution ; I. asked her, whether she hsd
* changed her mind } She answered. No : but
* another course, said she, might have been d^
* vised. And withal she asked me, whether I
* had received any Answer from Pawlei? Whose
< Letter, when I had shewed her, whereia be
* flatly refused to undertake that which stood
' not with honour and justice; she waxing aa-
' gry, accused him and otliers (who had bound
< themselves by the Association) of penury and
' breach of their vow, as those that had pro-
' mised great matters for their prince's safety,
' but would peiibrm nothing ; yet there are,
' said she, who wiU do it for my sake. But I
* shewed her how dishonourable and unjust a
^ thing this would be ; and withal into how
* great danger she would bring Pawlet and
* Drury by it : for if she approved the fact,
' she would draw upon herself both danger and
* dishonour, not without censure of injustice :
* and if she disallowed it, she would utterly
* undo men of great desert, and their whole
' posterity. And afterwards she gave me a
* light check the same day that the Queen of
' Scots was executed, because she was not yet
' put to death.' *' Camden's Eliz. in 2 Kea«
ner, 538.
Freebaim, in his Life of Mai7i|i
p. 269, says, «< Qoeen EUiabetii
Pawle^ on whose olMfdioMi* <^
with Gertaintjy fer-^
QccnofSeoHb
1241] CTATE TRIAl^, 3a£i.iz. 1 5i7. -/or Mitpruioit and CotUempl. [1243
Hiough the above Trial. of Mr. Daviiion is ' ^
fi-om a MS. in the BocHeian library, untfer the' title Jmidici, li\Z. SO'i. p. 233.
being something difierent, taken by an eye-witness, and heing short, we hope it
will prove acceptabla to the Reader, especially as it relates to the Treasons oC
Mary Queen of Scots.
Ex US. ptna Soi. S/urrtU, 98 MartU 1587. Lord Prir7-,Seal for that day. 9. The lord
Tbe Proceedings agHimt Mr. Daviaon in the archhisbop of Canterburj. 3. Tba lord arcb-
Star Chamber, by Commiiaion Dot read, but bisbop of York. 4. The earl of Worcetter.
direcced to theie thirieen follooing : 5. The earl of Cumbettsod. 6. Tbe earl of
1. Tbe Lord Ciiief Justice of £n);land, w Lincola. T. Tbe lord Gray. 8. Tbe lord
QuecD of Scots;' and pp. 370, 371 andsrs,
inserts a Letter from WHlsiq^bam and Davison
(ber [no secretariei] to sir Amyas Pawlet, witJi
bis Answer, which nere found antoogairAinyaB
Pawlet's Papers; a Copj of which transcribed
from the (Jn^als, nere sent to Dr. MacLeniie,
by Mr. Joba Urry, of Chriil-Church Colicee,
Oifiwd. *
Tht Letter mroie to Sir Amuu FatcUt and Sir
Drem Drury.
' After our hearty coniniendations, we find
by ■ speech lately made by her majesty, That
she doth note in you both a tack of that care
and leal for her service, that sbelooketfa for
at your hands, in that jou have not in ail this
time (of yourselves nithout other provocation)
fonod out some way to sborteo the life of the
Scots queen, considering the great perd she it
hourly subject to, so luu^ as the said queen
should live; wherein, besides a kind of lock
of love towards her, she wonders greatly that
you h«*e not that care of your own parti-
cular safeties, or rather the preservation of
religion, and the public good and prosperity
of your countries, that reason and policy com-
maudeth ; especially, having so good a war-
rant and ground for the latisfaction ofyour
consciences toward God, and the discharge of
your credit and reputation towards the world
as the oath of atsociation, which you both
have so solemnly taken and vowed ; e*pe-
cially the matter wherewith she standeth
charged, being so clearly and manifestly
proved against her: and therefore she takelh
It most unkindly, that men professing that
k>va towards her trhat you do, should in a kind
of sort for lack of the .discharge of your
duties, cast tbe burden Dpon ber, kuowjoj;,
as you do, her indisposition to shed blood ;
especially, of one of that sex and quality, and
so near to her in blood as the said queen is.
These respects, we find, do greatly trouble
her majesty; who, we assure you, hath sun-
dry times protested, thst if the r^ard of tbe
duiger of her good subjects, and faithful ser-
vants, did not more move her tbnn her nwu
peril, she would never he drawn to asaent to
the shedding of her blood. We thought it
meet to acquaint you with these speeches
lately passed from her majesty, referring the
SBoie to' your good jud^cuts : and so we
commit you to the protection of the Almighty.
' Yout most assured friends. Fas. Walsing-
' KAU, Will. Davison.'- London, februarj
t!ie Isi, lS8a.
Directed thus :
To tbe Right Honourable Sir Amias Pawlet,
knight, one of her Majesty's Privy-Couacil :
This Letter was received at Fotberinpy
the Sod of Feb. at Eve in tbe atlernoon ; and,
in another Letter fiom Mr. Davison, of the 1st
of Feb. to sir Amias, be says, ' I pray you let
' both thi; and the inclosed be committed to
' the fire, which measure shall be likewise met
' to your Answer, after it hath been comma-
' oicated to her majesty for her satislactioD.^
And in a Puatscrtpt of another Letter from Mr.
Davison to bim, dated the 3rd of Feb. 168C,
be says, ' I intreated you in my last Letters,
' to bum both the Letters sent you for the areu-
' menl's sake; which by your Answer to Mr.
' Secretary (which I have seen) appeareth not
' to be -done ; I pray you let me intreat to
' make Heretics of the one and tbe other, as I
' mean to use yours after her majesty bath
' seen it.' And in the end of the Postscript,
' J pray you let me know what you have done
' with my Letter : because they are Dot to be
' kept, that I may satisfy her majesty therein,
' who mi^t otherwise take ofience thereat ;
' and if you treat this Posttcrint in the same
■ kind, I shall care not a whil.' But it seems
none ef them observed this; fiir amongst the
somePupers, is the followingLetteriosirFraa-
cis Walsingbuun :
' Sir ; Your Letters of yesterday cwuing to
' my bands this present day, at S p. m. I would
' not fail, according to your direction, to return
' my answer with all possihla speed ; which
' I shall dehver unto you with great grief
■ and bictemess of mind, in that I'am so un-
' happy, as living to see this unhappy day, io
< wliich I am required by direction from nij
' most gracious soverei^, to do an act which
' God and the law fbrbiddetb. My goods and
■ life are at ber majesty's dispositioii, aod I aot
' ready to lose the next morrow, if it shall
' please her ; acknowledging, that I do hold
' them as of her meer and most gracious favour,
' and do nutdesign to enjoy them but with her
' higbness's good hking i but God forbid I
' should make so foul a shipwreck of my con-
' science, or leave so great a blot on my poor
' posterity, an^ ihed blood without law or war-
1243] STATE TRUIi?> SOEuz, l537^^ilm%iimfyi<<2r]f.I>at7tiNNi, [12U
him to keep it very secret, and not to make
any acquainted with it. The very tame dij
be carried it to the seal, and the next day after
having received charge from ber majesty, bj
the Lord-Admiral, that staj should be made,
if it was not sealed ; but be declared it was
sealed the day before, &c. whereto tbe Queen
replied, What nleeds that baste ? Tbe next day
alter this, (which was, I think, on Candlemai-
day) my Lord Treasurer asked him, If be kaev
what mind the queen had Cowards the Eiccn*
tion ^ He answered. To have it go forward ;
and so shewed it to him, and after to tbe rest
of the council, procuring their Warrant down
to present execution, Ute queen having not
notice nor knowledge of this ; and after, wbeo
she conferred with him about another coarse
to be taken, he concealed from her what had
been done therein. These chief matters men
proved by his own Confirasion in an Ezami*
nat>n biefore taken and urged against hia,
both in respect of himself being bound to espe-
cial obedience, not oqly as a subject, but as a
servant, a counsellor, a secretary so much
trusted, and yet not to keep secret, where spe-
cial charge was given him ; and in respect of
the queen, so g<K>d and gracious a prince, so
well deserving of hire, the fountain and head of
all justice and authority amongst us, and yet
not to be made privy of the doing of sach aa
act of so great a quauty and importance as that
was, wherein she bad shewed herself always^
(and that most apparently) whereof Mr. Davi-
son could not be ignorao^ both backward and
unwilling to yield to that which all her reaka
desired and sued for at her hands ; yet Mr.
Davison, contrary to her known mind, procured
with such haste (of what good purpose in
himself, this would not regard) ; but with ap-
parent want of duty to his sovereign, which did
more appear in his concealing liis proceedings
wlien slie purposely talked with him of chat
matter as aforesaid ; all which they left to the
Counsellors to judge of.
Lumley. 9. Sir James A-Croft*. 10. Sir
WaherMildmay. 11. The Master of tbe Rolls.
IS. The lord Chief Baron. 13. The lord An-
derson.
The Sum of tba*- which was proposed, and en-
forced against him by her majesty's Coun-
sellors at the law.
The Matter laid against him is a great and
heinous indignity, as her majesty tuketh it,
committed by him in thb last Proceeding
against tbe late Scotish queen, which although
it were in itself most just and honourable, yet
IB the manner of dealing concerning it, Mr.
Davison is charged hy her majesty with want
of duty, &c. For whereas by the manifold de-
fects of the said queen, and that in the judg-
ment of all tbe realm in pariiament her life was
Aow to satibfy tbe law, and thus neces^ry for
the preservation of the whble realm, as was
shewed ; yet her majesty, of her natural most
eracious and merciful disposition, after tbe so
honourable condition and proclamation of the S.
queen's guihiiiess, notwithstanding so many im-
portant allegations and vehement intercessions,
could not be brought lo condescend to tbe Ex-
ecution ; rather desiring by all means possible,
if there were any hope of amendment and re-
claim, to spare where she might honourably
spill, than to spill where she might honourably
spare ; and in this mind she continued from
October to the end of January. But when she
saw that her malicious enemies daily increased
their wicked attempts against her and the state,
that rumours were spread and information
leiven daily of attempts by invasion, by rebel-
lions, by violence upon her royal person, to
work a change and oelivery of the said queen,
she most wisely resolved at length to have a
Bill or Instrument, signed according to law
and justice, in a readiness; whereby upon all
occasions or occurrences, she might be exe-
cuted : and this of special choice and trust, she
thought good to commit to Mr. Davison, wil-
ling him to carry it to tlie JLord Chancellor, to
have it under the broad-seal, biit withal charged
* rant; trusting, that her majesty, of her ac-
* customed clemency, and the rather by your
' good mediation, wfll take this my answer in
* good part, as proceeding from one who
' never will be inferior to any Christian sub-
'jeet, living in honour, love and obedience
* towards Ru sovereign ; and thus I commit you
•te the mercy of the Almicrluy. Your most
' attured poor friend, A. Pawlet. From Fo-
' theringay the 2nd of February, 158G.'
P. 8. Your Letters coming in the plural
fMmber, seem to be meant to sir Drew Drury,
as to myself; and yet because he is not named
IB them, neither the Letter directed unto liim ;
he ibrbeareth to' make any particular answer,
Wt sabscribeth in heart to my opinion.
D. DatTRT.
* In the above Trial, called Croft But in
ifae Trial of the earl of Arundel, a. d. 158y, he
is called A-Ccofb. See No. 60.
Mr. Davison's Answer for himself.
Notwithstanding at the bar, whither be ww
brought hy his Keeper, sir Owen Hoptou, beiag
faint by reason of his late sickness, and carry-
ing his left arm in a sdu'f, benumbed I tliink by
his late taken palsy, lie spake somewhat faintly,
unaudibly ; though being required by his Com-
missioners to speak higher, yet desired favour
to speak as he could, which was to this efiect:
First, protesting that be was not guilty to hin*
self of any wilful disloyalty, or breach of duty,
but that he did always since his first employ-
ment in her majesty's service, endeavour to
bear himself most serviceable and unblame-
able ; and he took therein her majesty's own
self and God to witness ; confessing also, tint
his skill and experience was not yet great is
this latter kind of service, whereto be wms with-
out his suit and above his expectation called;
and for the matter protesting also, that ke
would not for any danger, no not present destb,
in justifying himself^ disclose any private speech
1243] STATE TRIALS, $0 Euz. 15B7.— /or Mi^risim and Omtanpt. [1245
or commandment that passed betwixt her ma-
jesty and him ; nor would ha by any means
enter iato any affirmation or avowing, which
could not stand with his dutiful regard to her
majesty's honour, &c. but would admit all that
against him : and farther, that he would not in
any part disclaim my Lord Treiteurer's Reports
or testimony against him. But to the matters,
be answered, Brst, That he was sorry that a
fiM:t of that importance and necessity, so ho-
nourable and profitable for the Commonwealth,
ihcmld be to heavjly taken against him ;
wherein he might take it on his soul, that he
did notliing but that which in his understanding
might be agreeable to h«r mind, neither did he
otherwise conceive of her meaning and purpose;
and that upon these inducements : — First, the
consideration of the thing itself, so just, so ne-
cessary, so honourable, so vehemently sued for
by tlie whole realm. Secondly, in consider-
ation of her majesty, so gracious and wise a
|irince, so loving and careful of her subjects and
commonwealth ; and more strongly in consi-
deration of her words, which she used at the
fint delivery of the Bill, 'Now you have it,
let me be troubled no more with it/ Besides
the sufficiency and perfectment of the said In-
itruments for the said purpose, which was had
bv her directions, viz. as under the Great-Seal,
lit wliich were in his understanding proof
•Doagh what her meaning was, neither was
there any apparent and direct countermand,
without the which he took that instrument to
be irrevocable. For tlte charge of secresy, he
conceived her meaning was, that it should be
kept from the common and public knowledge
only ; for she being a prince so wise, did in his
judgment consider what violent attempts the
favourites of the S. queen might by likelihood
offer in that desperate plunge, if it should be
known that such a Warrant was signed for her
execution, and not from her Council. For her
majesty's self after willed in his way to the Lord
Chancellor, to impart it to sir Francis Wal-
•ingham, that then lay sick at his house at
London ; herself made my Lord- Admiral privy
to it, in semiing him to stay the seal ut supra,
and my Lord Chancellor by sealing must needs
have Mime knowledge of it; and then why
should he think the Council should not k'Viow
it, being Privy Counsellors and Counsellors of
Estate, if he imparted it to none but to my
Lord Treasurer, and he to the rest, and that
excus'tbl) in regard of the great credit and
trust that her majesty usually reposeth in my
Lord Treasurer for matter of greatest moment
and weight. Secf)ndly, for sending down the
Warrant, he did it not without the opinion of
the Council, and therefore no presumption in
him ; and m his own judgment, he had suffi-
cient warrant so to do by the first delivery of
it from the queen herself. Then considering
the troublesome rumours that were then
abroad, and that information came daily from
Ireland and Wales of forces of people in arms,
ami the report scattered abroad that Fother-
iogaj-Cattk wm brokeoi the pritooers gone,
that London was fired, and her miyesty made
away, amongst these terrors what should 1 do ?
Did I not that which any honest man and good
subject would do in such a case ? Further, it is
not custom in court that particularities should
trouble her majesty in tne execution of any
such bills: but. when she hath given, by her
royal assent, warrant, authority and. hfe to ir,
the rest for the manner and meafts of ex-
ecution is left to the council; and for all
other circumstances of time, when ; of place,
where ; of persons, by whom ; especially in
this cause when her majesty had said expressly
that she would not be troubled any. more with
it. Thirdly, for the not imparting df.it to her
upon her communication with him, &c. < I
had it by nie five or six weeks before she
spake any thing more of it, and was very nn-
wiliing to trouble her any more with it, espe-
cially remembering her words.'
This was the effect of his Defence, not uttered
£ontinuately, as I have set it down, but inter-
ruptly to the particulars as they were objected,
in much more forcibly large and clioice terms;
but I think that I have not left out any thing of
weight. After this, the Commissioners began
to speak judicially unto the matter, wlyise
Speeches I will by way of abridgement note,
where any thin^ was spoken different from
others, and especially notable ; for most of them
had tlie same beginning of the Scotish queen's
demerits, &c.
1. The first that spoke was Sir Walter Mild^
may. — He handled eloquently the great causes
the Queen had to deal severely with the Scotish
queen, and the importance of the Parliament
thereto, and her majesty's patience in forbear-
ing, her wisdom in being willing^ her natural
and accustomable clemency in being slow; and
compared her slackness with Mr. Davison's
haste, though he knew her mind herein very
well. Then he shewtd, that such things might
not in any wise be extorted from princes, and
that persuasions and entreaties are the utter*
most that subjects can offer ; for the prince's
heart is in God'b hand to dispose of. As for
the Council, it is known that no prince's coun-
sellors are farther made privy to any thing, than*
that it pleaseth the prince, and oftentimes that
is imparted to one that is concealed from, ano-
ther with great cause ; and therefore you sliould
nut presume farther'than you had express leave,
much less to have been an encouragement to
the rest to proceed therein upon your own opi-
nion, howsoever your desire was for the end
good and honest, especially seeing there hath
not been the like example. So he concluded
that the punishment should not be in regard to
the man's ability, but to the quantity of this
crime committed, (by his judgment) ten thou-
sand marks, and imprisonment during her ma«
jesty's pleasure. To which all after agreed.
2. Sir Roger Manwood, Lord Chief Baron.-*
The second, shewed at large the Scotish Queen's
perpetual evil mind to our queen, to bereave
her of her crown in her life-tune, as her usurp*
ing the Arms and Stile of £ngl«nd ia powci
1247] STATE TRIALS, 30 Eliz. 1 5S7.— Arraignment qf W. Datuon.
[1248
sion, when she was first (out of the shell) mar-
ried into France, her dissembling of it in her
widowhood, by laying the faalt upon her late
husband, and yet then seeking to be proclaimed
heir apparent in the life of her eldest sister,
(for she never called her dear sister) which was
a dangerous step to her purpose. Afker, in her
second marriage, her bloodiness in consenting
to her husband's murder, and upon that, flight
and deprivation ; her protection here by our
queen not only in life, but in honour; yet her
assenting to the purposes of t'le duke of Nor-
folk ; and yet after tnat, though then our queen
would not suffer her for that to be touched, nor
any way disabled, as many would have had
her, not only agreeing to traitorous plots, but
also complotUns; with them, and therein going
beyond them all, so as we could never be in
3uiet, but we had a Somervile, and then an Al-
en, then a Throckmorton, then a Parry, and
now lately Abington and Babiogton ; her ma-
jesty at length was forced to use a little severity
with her accustomed mercy, and one ounce of
one with ten of the other. For even in this
proceeding against her, she might have been by
the statute of Edw. 3, by a Jury of esquires and
• gentlemen, attainted and burned, and her blood
corrupt ; yet her majesty did chuse by a new
order to deal more honourably with her. Then
be came to this fact of Mr. Davison's, which he
amplified by the consideration of her majesty's
mind in ail this, proceeding as the other did
IJiefore : the thing he took to be Misprision and
Contempt in our law, punishable by fine and
imprisonment ; and he said, that Misprision
and Contempt is to do any thing contrary to,
or besides the prince's commandment in point
of Justice, not in other things ; as Justices of
Westminster to sit out of Tenn, to raze Indict-
ments or Records ; and so he gave other exam-
ples, as in the Ministers of the Law, viz. SheriH*s
to execute their offices, to return knights to the
Parliament without their Oaths. So this thing
then being so high a point of justice, was not in
any respt^ct to be done otherwise than her ma-
jesty's express commandment would bear, es-
pecially not with such haste, when site expressly
declared her mind to the contrary; wherein
Mr. Davison may seem by this haste, if her
majesty had any other purpose, to have pre-
vented her, and God might otherwise have
turned her mind ; for it is not strange to hear
of mutation in her majesty in respect of thi«,
as in the Execution of tlie duke of Norfolk, day
and day was appointed, and often her majesty
declared her unwillingness and lothfulness to
have put hiin to death, if otherwise the law
might have been satisfied. The commandment
to impart it to sir Francis Walsingham in es-
Eeciuiity, was an excluding the rest in cenera-
ty ; and farther, what he told niv Lord Trea-
surer could not be gathered of her majesty's
words, but rather the contrary ; nnd the instru-
ment was not so peremptory and irrevocable as
be took it, nor a sufficient Warrant for any
kind of proceeding against the Scotish Queen,
aeither for the aisociates; nor for any other :
I
, for the last Statute, besides the condition and
Proclamation, doth require the queen's direc-
tion, and that must be either general, that all
men may do it, which is not here granted ; or
particular, who, or by what means : neither is
there here any such, especially ber majesty
having no knowledge of the thing done. Far-
ther, she was the Queen's prisoner, and there-
fore no man might pretend to take her anaj,
or deliver her without special privity from the
queen : and lastly, he sheived, that the good
intent was no warrant to transgress dutj;
whereof he put a case or two, as where Judg-
ment of death is given against one, and tii«
Sheriff, for that he is a notorious thief or trai-
tor, will hang him presently^ before the Josdoe
depart out of town.
3. Lord Anderson. — He noted a diffcrcnoi
in law between Misprision and Contempt^ that
one was larger than the other, and both ia
point of justice, and might be when the War-
rant of a Justice, or a Commissioner's Letter
in such matters is not directly and straitiy ob-
served ; and urged, that a Secretary should be
secret, and that it was his duty to baye aa'a-
press commandment*
4. Sir Gilbert Gerrard, Master of the Rolk
— He handled the same matter that before ii
spoken by others, but somewhat otherwise.
5. Sir James A-Craft, — He shewed his mind
indifferently, with protestations of his ^ood-will
and good opinion of the man ; that it was a
rare example, and committed, as he ' thought,
for want of experience more thao for want ot
duty.
6. Lord LumUy. — He was somewhat sharp.
Such Commissions of execution are sent to
Sheriffs ; you no sheriff, ought to be very pa^
ticular for such great personages ; you had no
more Commission than I, &c. and of likelihood
you have hereby prevented other good po^
poses, which God might have pot into her na-
jesty-s mind, and herein you have seduced fo
many grave Counsellors, &:c. If you were dt
brother, I would think ten times so much to-be
little enough, &c.
7. Lord Gray. — He proposed very vehe-
mently the great exigence the good gentleman
was in at that time : My good lords, consider,
quoth he, and call to mind in what case *i
were daily, there came advertisement of forces
come and arrived in Ireland, in Wales, advtf-
tiscments from abroad, from our provinces at
home, even within 15 miles of tliis City, of
rising, firing, breaking up holders, yea of die
destruction of her majesty's royal person: if
otherwise than well had come to her majestj's
royal person, which of us would not have nia
to him, and torn him with our hands ? Ny
lords, why should Davison be more zealous an^
forward tor his prmce than we ? After he re-
plied to that of my Lord Chief Baron, that the
telling of sir Francis Walsingham did not cs-
clude the rest, as he proved, but rather implied
and presupposed that the rest should knoir it :
for without this especial infnrmatioDy be bcio(
sick in his bouse, and so absent from the Courts
I
V
12 19] . STATE TRIALS, 31 Eliz. 15S9.— Trial qf tie Earl qf Arundel. [1250
could uut in any due time have knowledge of
it. After he agreed to the Punishments but
wiihed that her majesty should have compas-'
•ioo on him to encourage others that were zea-
lous to deserve well of her and tlie state, and
•o be ended. Kulgique secutum uUitna murmut
crat.
8. Earl of Uncofn said little to the purpose.
9. Earl of Cumberland was very short.
10. Earl of Worcattr was short, and as be-
fore.
11. Archliishop of York discoursed theolo-
Really of the necessity and wortlimess of the
virtue of obedience, even strictly to princes in all
tbini^t : and that nvn faciendum miUum ut inde
veniat bonwfif adding the ditiference between
bonum and bene, (as before mj Lord Chief Jus>
tace ii( jus/um sindjuite, which I forgot afore
Co relate) and good intents do not make tife
fact excusable, and that he ought to have, a
direct, express, and iterated command ; where-
to he cited a llule out of Civil Law, (wherein
he said lie was so sound and conversant) to
this purpose, If the Prince commanded uliquid
magnum de libera, tenia si persistat, et habe
tecundam jussionem : he concluded, he did
agree to the punishment, but was sorry that
Mr. Davison, of whom he had heard so well,
should fall into this cause, he could not help
it ; a wiser man might have been led with zeal,
aod none qf us would have it undone.
12. Archbishop of Canterbury, having said
first somewhat of her who troubled us all
both alive and- dead, and theologically of mise-
ricordia puniens, as out of the Psalm, where
God plagueth' the enemy of his Church,
* for his mercy endureth for ever ;* for this
present matter, he said, non factum, sed modus,
was in question, a thing done, as he thought,
Qofeignedly of zeal, and that which migbt have
been better done in consideration of her ma-
jesty *s' purpose to forbear her death, which
coyld not be unknown to Mr. Davison ; for
such things are by no means to be wrested
from princes, God will ^extraordinarily move
their hearts, tmd when it shall be most for his
glory. This example he said, might be dan-
gerous and inconvenient hereafter ; and there-
fore he concluded it rather a mischief than an
inconvenience, and so agreed to the punishment,
IS. L. C. J. Wraye as chief, concluded th«
matter, and pronounced Judgment judicially
upon the grounds alledged before of others,
wlitch he enforced, tac. And after, as from
her majesty, spake somewhat to justify her pro-
ceedings in all tliese matters, and to declare
that she did not lor this impute any fault to her
Council, for that they were mi^iled by this
man's undue suggessions.
Mr. Davison submitted himself to the judg-
ment of the queen's mercy, and requested tliat
he might propose a question, wliich he took
upon his credit to be such as they would not
dislike, and therefore he had leave ; and a re-
quest. His question was, If tins being in my
hands, her majesty had miscarried, what should
have become of me? To this, sir Walter
Mildmay and ray Lord Chief-Baron 'answered,
that my lord Gray had moved it already. His
request was not for mitigation of his Fine,
nor for enlargement of Prison, although he
could never in all his life worse bear it thaa
now; much less for Ills former estate: th:in
only that he might with her majesty's favour
enjoy any condition whatsoever, requesting
them to be intercessors for this. Nothing to
thia wfis said, but they arose and departed.
These I am sure are the principal matters
by any of them uttered, so far as by myself, or
by my conference I could recnl to mind.
Ex Autographo Gulielmi Nutti, qui oculatus
testis adfuit.
66. Tlie Trial of Philip Howard, Earl of Arundel, before the
Lords, for High Treason : 31 Eliz. 18th of April, a. d. 1589.*
From the outward Bar in the KingVBench,
there was a Court, made of 30 foot square,
within which was a tiible of 12 foot square,
covered with green cloth ; and in the same
Court were benches to sit upon, covered with
green say. In the midst of the same Court,
at the upper end, was placed a cloth of state,
with a Chair and Cushion for the Lord Ste-
imrd : from the midst of the same Court, to
tlie midst of the hall, was built a Gallery for
the Prisoner to come upon to the Court, in
length 110 foot, and in breadth 15 foot, and in
height from the ground 6 foot, railed round
about, and going down with seven steps. —
Between eight and nine of the clock in the
moroing, the earl of Derby, Lord Steward his
grace, entered the Hall, attended by divers
• Camd. EUa, tub anno 1589. Part Q, p. 3.
IBihi.
YOU r.
noblemen and officers, four Serjeants at arms,
with their maces, waiting before him; next
before liis grace the carl of Oxford,. Lord Great-
Chamberlain of England. My lord of Derby's
grace being seated in his chair of state, tvery
nobleman was placed in his degree, by Garter
king of Hcraults. At his grace's feel .did sit
Mr. Winckefield, one of her majesty's Gentle-
men Ushers, holding a long white wand in his
hand, being accompanied with Mr. Norris,
Serjeant of the Garter. Before them did sic
Mr. Sandes, the Clerk of the Crown of the
KingVBench.
Opposite against my lord's ^ace did sit the
queen's learned Counsel, viz. 1. Serjeant
Puckering. 2. Serjeant Shettleworth. 3. Mr.
Popham the Quern's Atiomey-General. 4.
Mr. Ege^n, the Queen's SoUcitor.
The Names of the Commissioners on the
Right-IiaDd fitting upon a lower Beocfa^midtr
4l
If51j STATE trials; SlJLuz. l5S9.-'Trialqf the Earl <^Anmdel, [1252
the Lords of thb Jury. 1 . Sir Francis Knowlcs,
kt. Treusurer of tbe Iloushold. 2. Sir James
a Crofts ki. Comptroller of tUe iluu^cMd.
9. Sir John Par rut, one of her majcsiy*s must
kohourable Privy-Cooncil. 4. Mr. \Vollev,
Secretary of the Latin ton|;(ie, of the Privy-
Council. 5, Johii Fortescuc, Master of the
Wardrobe, and of the Privy-Council. 6. Dr.
Dale, one of the Masters of Request to her
* Majesty. 7. W. Fleetwood, Serjeant at Law,
and Recorder of London. &. Mr. P.ockby,
Jki aster of Requests, and Master of St. Cathe*
vine's.
The Names of the Commissioners on the
Left-Hand. 9. The Lord Ciiief Justice of Eng-
land, sir Christopher Wray. 10. The ma<<ter
of the Rolls, sir Gilbert Gernird. 11. The
Lord Chief Justice of the Couimon-Pieas, Ed-
mund Anderson. 1^. The Lord Chief Barun
' of the Exchequer, Roger Manwood. IS. Jus-
tice of the Common-Pleas« William Periam.
14. Justice Guwdy, of the King's-Beiich. The
. Serjeant at arms, usually attending on the
Lord Chancellor, named Roger Wood, was
commanded to make an O Yes three times.
Then Mr. Sandes, Clerk of the Crown, read
the Commission. And sir Francis Kuowles,
kt. gave op the Verdict of the great Assize.
Then was called Matthew Spencer, Serjeant at
Anns, to return his Precept ; which was re-
turned and read.
After that the noblemen and peers of the
Jury, for his Trial, were severally called by
ihcir names, as followeth : 1. William lord
Burleigh, I^rd Treasurer of England. 2. Ed-
ward earl of Oxford, Lord Great Chamberlain
of Engiaod. 3. William lord man|ui8 of Win-
chester. 4. Henry earl of Kent. 5. Henry
earl of Sussex. 6. Henry curl of Pembroke.
T. Edward earl of Hereford. 8. Henry carl of
Lincoln. 9. Henry lord Hunsdon, Lord Cham-
berlain of her majesty's Household. JO. Pcre-
erine Lord Willou«;by of Ercsby. 11. Lord
Morley. 12. Lonl Cobham. 13. Arthur lord
Grey. 14. Lord Darcy, of the North. 15.
Lord Sandes. 16. l-.ord Wcnt^vonh. 17.
Lord Willoughbyof Parham. 18. I/)rd North.
19. Lord Rich. 20. Lord .St. John of Bletsho.
tl. Lord Buckhurst. 22. Lord Dc la Ware.
t$. I/ordNorris.
Then the Lieutenant of the Tower was called
re retarn his Precept, and to bring forth his
Prisoner, Philip earl of Arundel. The earl
came into the Hull, being in a wrouf^ht velvet
gown, furred about with martins, laid about
with gold lace and buttoned with cold buttons,
a black sattin doublet, a pair of velvet hose,
and a long high black hat on bis head ; a very
tall man looking somewluit swarth-coloured.
Then was the earl brought to the Bar, with the
ax carried before him by Mr. Shelton, gent,
porter of the Tower, being accompanie<l with
air Owen Hopton, kL lieutenant of the Tower,
-tir Drew Drury,. constable of the ToWer for the
time, Mr. Henry Rroukar4» and others. At
SDj lord of ArundePs coming to the Bar, he
made two obeytance:^ to tlie state, and to tbe
nobles, and others there present. Then did
Mr. Sandes, Clerk of the Cronn, say he was
indicted of ^veral Treasons, and said unto bin,
* Philip Howard, earl of Ariuidel, iate of Arun-
del in tlie county of Sussex, hold up thy hand.'
He held up his liand very high, saying, * Here
is as true u man*s beait and hand, as e>'er
came into this Hull.'
Mr. Sandes tlien read tiie Indictxekt :
** That whereas divers trnitoroas person^, in
the f>arts beyond the seas, being udtural Eng-
lish-men, viz. Dr. Allen, Parsons, Champion,
Mott, and divers others, have heretofore, di-
vers and sundry times, with sundry persons, ai
well Englishmen as of other countries, practised
to accomplish and brins; to pass several dan-
gerous and unnatural Treasons against tbt
queen's majesty, her royal person, crown and
dignity, vi^. to subvert the state, invade thi
realm, to set up catholic Religion, to raise in-
surrections, 6ic. among which number of un-
natural Traitors the earl of Arundel was veil
acquainted with that notorious Traitor Dr.
Allen, by means of Bridges, W'eston, Ithill, and
other popish priests, with whom, divers timef,
sithence the 20th year of her majesty's reicn,
he hiith had private and secret conference, aod
communication of several treasons; insomurli)
that the earl of Arundel did presently dispatch
his several letters by Bridges aforesaid, to Dr.
Allen, to wish him at any hand to do sonietbiag
concerning the Cause Catholick ; wherein he
promised to perform any thing that Dr. Alln
should think lit for him to do. And nliereas,
the 24th day of April, in tlie 27th year of the
queen's reign, he was living by sen to Or. AlleD,
that arch-traitor ; and that tbe bishop of RofDf,
and the kin^ of Spain, were thereupon solici'-
ed by Allen aforesaid, to rnisc war against this
realm : ^^nd whereas also the earl of Arundel
had understanding of a Bull, that Sextus tltc
filth, pope of that name, bad sent into Euglon^l
for the Excommunication of her lunjesty, aad
for the iuvading of the realm, &c. And that
at the Tower, the 2l5tof July, in the 30th Ycar
. *• .••1
of her majesty's reigo, ho did imagine, wirii
other traitorous persons, that the queen wasao
Heretic, and not wortliy to govern the realm ;
and that he did move and procure one Williani
Bennett, a seminary priest, to say mass iv
the h.ippy snrcess (A' the Spani&h Fleet ; where-
upon he had nriss, and did help to say oiasi
himsi'if, to that purpose : And havini; nevsof
the C()niiict at sea betwixt the Spanish fleet
anil the Enaliijh, he procured sir Thomas Ge^
rnni, and divers otiiers, then prisoners in ihf
Tower, to say mass with him for the fortonate
success of Spain : and that he made a pnivr
spe<.-i:i]ly lor that puq)osc to be daily used axj<l
estTCiscd amonesl them."
llcretipnn Mr. Sandes :isked the earl ol
Arundel, if he Mere Guilty, or not Guilty of tU
^several Ticnsons comprised in tJie said Indict-
mciit ? To this the Earl answered, be wooU
fain know, whether the severfd Points in th*
Indictment cimtiuned werd but onelndflctneot,
yea or no? Tbe Judges satisfied hiiii,it ^^
1233]
STATE TRL\L3, S! Tiliz. 1589.— Jbr High Treastm.
[1^4
bat one Indictment^ and % matter he need not
stand u)>on.
lie deiiireJ to know, it tl^y could proceed
aguiiiSt him for tho IVeusons in the statute of
Id Kliz. after tiie six nionthb irere expired ; to
thi» he wa« answered, Tiuit tliey did not pro-
cecMJ against him on tlMit statute, Lut on the
^bth Edw. 3. After this, being called upon
to plead, lie pleaded Not Guili? ; and said, he
was well contented to be tried by his peers,
and liked the Trial well, that he should be
tried by such good noblemen there present,
that kiie^ his lite : lie said, he had been pri-
soner four years, mid t«venty*five weeks close
prisoner, and tliat he had been sick and weak,
whereby his roeinorv might Kiil liiiu ; and there-
fore humbly desired my Lord Steward^ grace,
making three several obeysanccs on both knees,
that he might be l»eard to make answer to
e\'ery particular point.
JViY Lord Steward answered, that there was
no otl»er meaning nor intent, and that he
ihould be heard deliberately.
Then did Mr. Serjeant Puckering deliver to
the Lords of the Jury, tiie etVcrt of the Indict-
luenty and other Kvidence at large as fulloweth :
First, that my lord had private and secret
Conference with Bridges aforesaid, and divers
other Traitors and Seniinnry priests ; and that
he had written his Letters to Dr. Allen, to And
which wav he mi|.'ht further tlie cause catholic.
That lie did fast twenty-four hours, and prayed
for the happy success of the Spanish fleet.
That Allen and others, being arrant Traitors,
liad taken order, that in the 22d year of her
majesty's reign, there should be 60 men in
privy coats, and pocket-daggers, lo kill the
^ueen ; and that one Paiu,and one LUiot, were
1>ut in trust to perform the same. That my
ord was a catholic, and favoured tlicir pro-
ceedings.
My Lord ans^'ered, lie was no Catholic in
tlie 2^d year of the queen*s reign.
That he secretly was flying out of tlic realm
to Dr. Allen, being an Arch-Traitor; which
dotb argue my lord to be no good subject.
That Throckmorton practising his Treasons by
sounding the ports, he did set down in his«
Catalogue, that a South-west wind would serve
from Spain to Arundel-castle in Sussex, and an
easterly wind from the Low-countries. That in
Throckmorton*8 Catalogue of all the names of
all ibe noblemen and gentlemen of every shire
that affecteth the Catholics; \\e be^an in Sussex,
and set down the earl of Arundel's name the
first. That further, one Mott a priest informed
ThrockiDorton, tliat he was come over to sound
the intents of the earls of Arundel and Nor-
tliuipberland, and others.
My Lord answered, when Mott was in Sus-
sex, he never came there, but always attended
at Court.
Mr. Pncktring said, the Traitors have a
food conceit of my lord of Arundel, in knowing
liim to be affected to the Catholic cause. It
«»BS defioefl, that the Catholic cause was mere
Tr«Moa. Fetro Paulo Ilosetto cane over
to sound noUeinen and gentlemen in England.
Then said my Lord, How prove you me to ijo
a Traitor in these points?
Because, said Mr. Popham, you have confe-
derated with Traitors by desiring Dr. Allea in
your Letters to employ you any way, that con-
cerned the cause Catholic : because you have
been reconciled to the pope; and there was a
law made in tlie 22d year of this queen, That
whosoever was reconciled to the pope from the
obedience of the queen's majesty, was in case
of Treason.
My Lord confessed, That Bridges did confess
him, but not reconcile liim io any such sort,
but only for Absolution of his sins. ^
Mr. i'opham charged him, That he did onoL
submit hiiniielf, but ^thence fell from his Sub-
mission, and tliereforc practised new Treasons.
He confessed he was acquainted with the
priests, and by two of them had been absolved
and confessed.
Sitlience whicli time, said Mr. Popliani, he
came to the church, and feU to the Catholic
Cause agaiu, which Ite cannot do by tiieir
order, unless he be reconciled.
My Lord denied, that ever he came to tlie
church after that time.
Inhere was a Letter sent to the queen c£
Scots by Morgan 'of France in comniendatioB
of two priests, wliercin lie saith, one of thens
had reconciled the earl of Arundel.
Edmonds a priebt upon Examination^ soid^
that Itccouciliation was odious.
My Lord said, These be but allegations and
circumstances, and that th«y oii*^ht to be
proved by two Witnesses.
It was justified, he said, once in tlie Star-
Chamber amongst the lords there assembled
concerning a Libel there in question, That
whosoever wa6 a priest or papibt was ou arrant
Traitor.
Mr. Popham said, it was a Discontentment
made my loid a Catholic, and not Religion;
and that lie did di>guise hini^lf in shadow of
Religion.
1'here was a Picture shewed, tliat wns found
in my lord's trunk, wherein was painted a
hand bitten with a serpent sli;iking the iterpcnt
into the tire, about which was wriuen this
poesy, Qttu contra no%i On the otlier side
was painted a lion rampant, with his cli«ips all
bloody, with this poesy, Twnen Leo. My lord
said, one Wilgrave's man gave him tlie same,
with a pair of hangers for u New-year's gift. —
One Jonas Meredith being examined, about his
communication with a town's-man who com-
mended my lord of Arundel (or his forward-
ness, in tiiat he had often observed my lord at
Paul's Cross: this Jonas answered, thyU he
knew he had oden been at Paul's Cross in the
forenoon, and hath heard u mass with him at
the Charter-house, in the afternoon. To tliis
ray lord said notliingp but seemed to den^ it.
My lord being examined in the Tower, ot his
sudden going away to sea, he answered. To
serve the prince of Parroa, or whither Dr.
Allen j^ouid direct him ihr the Cause-'
1255] STATE TRIALS, 31 Eliz/ 1589 Trial qf the Earl of Arundel, (1250
My lord said also, he was going away for fear
tome statute should be made in tlie 2'2d of this
c|ueen's reign against the Catholics in that par-
hament ; and that Dr. Allen advised him tiiat
he should not go over, if he could tarry here
in any safety, because he might be the better
ttble to make a party in England, when ihey
came. — Before my lord's going to sen, lie wrote
• Letter to be given to the queen after he was
gone, wherein he found fault with her hard
dealing in giving countenance to his adversa-
ries, and in disgracing him ; and that he wns
discontented with the mjustice of the realm lo-
MT^rds his great grandfather, his pranHfaiher,
d his father. My lord stiii, Holinshcd •
as faulty^ for setting forth in his Chronicle,
that his grandfather was attainted by act of
parliament, but shewed no cause wlicrcforc.
He said in hi* Letter, his grandfather was con-
demned for such triOes, tlutt tlie people stand-
ing by were amazed at it : he found fault also
with the proceedings against his father. —
%Vherel)y it is apparont, said Mr. Popham, it
was Discontentment moved my lord, and not
Religion : and fearing lest his friends should
think amiss of him, he left a copy of his Letter
with Bridges a Traitor to be dispersed, to make
the Catholics to think well of hi|n ; for, said
Mr. Popham, being discontented he became a
Catholic, and being so great a man he became
a captain o{ the catholics, which is as much as to
be a captain over Traitors. . A counterfeit Letter
was made 22 days before his going to sea, di-
rected to one Baker at Lynn, there b^ing no
such man* abiding ; whereiiv was signified, that
my lord was very hardly dealt withal by some
* of the council, and that he was ^one into
Sussex, and a farther voyage, and that he
would come home by Norfolk. This was a
counterfeit Letter, said Mr. Attorney, appoint-
ed by my lord to be dis|.<ersed, to make it
linown he was discontented. Also Allen sent
a Letter to the queen of Scots in cyphers,
shewing a great party in England. Allen sent
my lord word, if he did come o\er, he -must
take a greater thlc than that of earl upon him,
and therefore addrest my lord in this style,
* To Philip duke of Norfolt, earl of Arundel.'
Bahington in hfd Examination said, the queen
of Scots sent him word that the carl of Arun-
<lel was a fit man to be a chief head for the Ca-
tholics. Allen sent word to Home, that the
•bull which was Inst sent over Into England,
was at the intercession of a treat man in Eng-
land. My lord (said Mr. Popham) was one
of the principnllest, and acquainted thus far
with Allen : Er^n, my lord of Arundel,
that great man. Dr. Allen made a most vil-
lainous and slanderous Book, which ivns very
hard to be got, in which was contained, That
the earl of Arundel was a procurer of the last
Bull, and the procurer of the luvasion also.
The Bull itseu was some part read, and the
Book was part read also. — My lord being
charged on liis Confessioo, being examined,
* UoHd. Chroo. fol. 3. p. 970. b.
why he would be ruled thus by Dr. Allen, lie
excused it by saying, that he said he would be
ruled by Allen in all things, saving in tliat did
concern her majesty and the state ; and there>
upon appealed to my Lord Chancellor, and sir
Walter Mildmay, wno were not present. The
Book aforesaid intended, that my locd was a
practiser with Allen about the Invasion. Then
said my lord, be would serve the queen againsjt
all princes, pope, or potentates whatsoever.
The Queen's Solicitor stood upon tlifse
Points ; and because it was proved, that die
enrl of Arundel would be inilcrl by Allen in any
thing that should concern the Catholic cause-.
And for that Dr. Allen hath since that time
practised divers monstrous Treasons, and con-
tinually liath built upon the help of some chief
man in England, there is none yet known of
his degree, that hath any thing to do with Allen;
and therefore my lord must needs be culpable
of all the Treasons Allen hath practised and
procured, in flying to Allen to serve the prince
of Parma, ut aniea.
My lord was charged with relieving of divcn
Traitors, aS pric&ts ; and that he did converif,
and was confederate, with divers and sundry
Traitors attainted, indicted and suspected, be-
ing prisoners in the Tower, and that be hid
mass in the Tower; and that if the Spanianh
should surprize the Tower, sir Owen Hopton
should be put to the rack-house, lie was also
charged, Tliat divers Papists, Seminaries, antl
such like, being prisoners in Newgnte, and otlief
prisoners, reported, that they hoped to see tlie
carl of Arundel kinv of England, and that car-
dinal Allen should direct the crown of England.
Before the coming of the Spaniards Fleet, when
our Commissioners were in the Low Countries,
news was brought to the Tower, that tveshookl
have peace betwixt Spain and England; then
would my lord of Arundel be pensive. Wlien
the Spanish Fleet was upon our coast, and newt
was brought to the Tower, that the Spanianh
sped well, then the earl would be merry. Then
when news came, the English Fleet sped well,
the earl would be sorry. When news came,
the Spanish Fleet was come upon the coast of
Kent, my lord said. It is a great wood, and a
puissant fleet, we shall have lusty play shortly,
I hope we shall platzue them that have plagued
Ub. My Lord said, He would not fight against
any tfiac came to fight for the Catholic faith.
He said, when the Spanish Fleet was at sen, be
would have three masses a day for the happy
success of Spain. He said also, He would have
contitiual prayer without ceasing for a time, for
the good success of Spain, viz. he would haw
every twenty-four hours five priests to pray t«o
hours a-piece for the defect of laymen, aid
fourteen laymen to pray every one an hours-
piece for the happy and foitunaie success of
Spain. He made himself a special Prayer fer
that purpose, and caused copies in haste there-
of to he made. Mr. Siieltey, then Prisoner in
the Tower, told my lord, That to exercise thai
Prayer were dangerous, and wished my hnd M
let it alone : therefore mj lord calM for cki
1257]
OTATE TRIAI5, 31 Eliz. 1 5H9.— fir High Treaiott.
[1258
copy of the Prayer ^ain, and would not have it
copied. He wus charged, That be did conjure
sir Thomas Gerrard, kut. to keep counsel in all
these matters before set down, who promised
him^ he would. Bennct also promised to keep
his counsel, and divers others. Then were sir
Tliomas Gerrard, Mr. Shelley, Ben net the
priest, and divers others, removed from the
Tower to several other prisons, and upon exa-
mination confessed all as aforesaid.
My Lord hearing all these matters laid hard
mgaiiist him by Mr. Solicitor, grew into some
agony, and called for his accusers face to face ;
which the learned counsel did not yet yield unto.
He was likewise charged, That he came once
merrily to Bennet the priest in the Tower, say-
ing, ' Come, Mr. Bennet, let us pray, that the
Spaniards may beat down London-bridge;' and
promised to give him a damask gown shortly,
and that he hoped to make him dean of Paul's
ere it were long : that the time of their delivery
was at hand, aud willed him in any wise to be
secret, for, if he should reveal these things, he
would deny them to his face.
When news came to the Tower, tlnit the
Spanish Fleet was driven away, my lord said,
* We arc all undone ; there is no nope for us
this year, and the king of Spain cannot provide
such a power again these five or six years, some
of us may be dead and rotten ere that time.
There were then bcought into The Court,
vivd voce, upon their several oaths, Anthony
ilalJ, and Richard Young, a justice of the,
pence, who aimed sometliing by heanay to the
Proof of the former matter. Also sir Thomas
Gerrard, Wm. Bennet, Tuchnon, Snoden, and
Ithel, and divers others, were closely kept in a
place over the King's-Bench, closed in with
arras, and were thereupon severally called into
the Court, vivB voce, upon their several oaths,
to aifirm*that which is specified before : sithencc
Mr. Solicitor began to speak, how this iUark
Bennet the priest was charged with a Letter
written to my lord wherein he should be sorry
for the opening of these matters as aforesaid
against my lord. One Rtindol bad writ tliis
letter in Bennet's name, by advice of my lord
of Aninde>, to blind his practices. Bennet
openly denied the writing of that letter ; where-
upon'my lord Grey and .my lord Norris asked
Ilennet, if he knew of the Letter, yea, or no?
For tlie better Evidence, Bennet confessed,
he had been moved to such a matter, but he
did it not. — Against sir Thomas Gerrard, my
lord stood very stoutly in denial of what he
witnessed, willing him to look him. in the face,
and charging him as he would answer before
God, in whose presence he spoke, to tell no-
thing of him but truth. In answer wliereof, sir
Thomas' referred himself to his Depositions be-
fore read, to which he said he was sworn ; yea,
twic^^iwom.
Thibre were called into the Court two Wit-
nassea more, vis. one Walton, and one Church,
who justiHod Letters were brought from Eng-
land to Rehnei, where ihty both were; which
Letters wera sent by one Hill, one of my lord's
Faction, that the earl of Arundel should be
General of the Catholics, when the Tower
should be surprised. To Walton, my lord
took exception, affirming, that he was a naughty
lewd fellow, who had sold that little land he had
to three several men : and of the other wit-
nesses he said, that some were attainted, soma
indicted, bad men and prisoners, aud that their
words we're worth little credit.
Ttjen said Mr. Popham, they were never
tortured, but confessed all this willingly, and
they are such, as you have accompanied.
Here ended every man's speech, and tha
noblemen and peers of the Jury went together.
My Lord humbly having submitted himseif
to the consideration of his peers, with protes-
tation of loyalty ; the Lieutenant brought him
from the bar unto a seat near unto the court
of Common-Pleas, where the Warders attended
upon him.
My Lord Steward likewise withdrew himself
a little while, as it seemed, to take some re-
freshment ; having all the day for the time of
his business, forbom to eaf&ny thing ; and pre-
sently* returned to his seat of state.
Within one hour after, the noblemen of the
Jury came every one back, and were again
placed by Garter King at arms. Then Mr.
oandes asked every man of the Jury, severally,
beginning at my lord Norris, the youngest ba-
ron, and proceeding to my Lord Treasurer, the
tbreman, whether the Prisoner were Guilty,
yea, or no ? Which every one of them, laying
their hands upon their hearts, did protest in
their consciences, and upon their honours^ i
that he was Guilty.
Then was the Lieutenant called to bring his
Prisoner to the bar, who was brought accord-
ingly, attended as before. Then said Mr.
Sandcs unto him, That he had been indicted
of several Treasons, and that ho had put him-
self upon the trial of his peers, who had found
him Guilty ; and therefore asked, why Judg-
ment should not be given against him.
Whereupon my Jjnrd making three very low
obeysances upon his knees, did hnmbly submit
himself to my Lord Steward's Grace, and tha
flavours oT the rest of the nobles and peers there
prefienr, and besiiught them to be mediators
for him, that he might obtain at her majesty's
hands, to have order taken for his debts, and
to have conference with bis otficers, and to talk
with his wife, and t«) see his infant, bom alter
his imprisonment, whom he had never seen.
Then my Lord's Grace pronounced Judg-
ment, vjz. That he should be conveyed to the
place from whence be came, and from thence
to the place of execution, and there to be hang-
ed until he were half dead, liis members to be
cut oif, his bowels to be cast into the fire, his
head to be cut oflf, Itis quarters to be divided
into four several parts, and to be bestowed in
four several places: and so (said my Lord
Steward^ the Lord have mercy on thy soul !
To this the earl of Arundel said, as it wera
softly t# himself, ¥iat voluntas Deu And so
baring made a low obeysanceno the Sutti tbt
STATE TRIALS, SI Euz. iS^O.-^Trialqfihe Earl (if Arundel, fl2(i#
X.
jnaot took biin away ; Mr. Siidtpn going
Jk^ bim with tlie edge of ihe ax towards
M. Tlien there was ad O yes made bjr the
j^rieant at Amis, and the Court, to|;cthcr with
Ibj Lord S(eward*s Comzniision, dissolved:
irhich done, my lord of Derby took the white
wnnd oat of Mr. Winkiield's hand, and broke
the tame in pieces ; and erery man cried, ' God
save the Queen.'
Whereupon the earl of Arundel was carried
back to the Tower, where after several reprieves
be died a natural death, October 19, 1595, hav-
ing been prisoner there ten years and six
motitfas ; four years whereof passed before lie
Was broQght to his Trial.
" An Account" (tlie preceding) " of this Trial is
in the first volume of the present Work'' (i. e.
the lait edition of the State Trials) '< with a
reference in a note to Camden'^s Elizabeth,
as if the Trial was extracted from that work.
But the fact is, that they ^re diffei-ent rela-
tions of the saitae Trial ; and as Mr. Cam-
den*8 account, though net so full, appears to
us more clear and intelligible, and at the
same time occupies little room, we thought
that it would not be unacceptable to our
readers. It is therefore here given from
tlie English translation of Camden, in bishop
Kennet's complete History of England. There
are two other narratives of this Trial ; one
amongst the liarleian Manuscripts at the
British Museum ; the other in Mr. Collins*^
Peerage, under the title of The Duke of
Norfolk. But on comparison, we find the
former to be only an old translation from
the Latin edition of Camden's Elizabeth,
iks to the latter, though ColHns cites a M**^
- nuscript in the possession of the Howard
femily, yet lie adds scarce any thing of con-
sequence unnoticed by or different from
Camden, except that Bennett, one of the
witnesses against the earl, is represented pre-
viously to the Trial, to have addressed a
Letter to him, in which he acknowledged, that
he was forced into a confession to the injury
of the earl, by fear of the rack, and there-
fore prayed hi^ forgiveness. We endeavoured
to procure access to the Manuscript cited by
Collins, with an intention to have gratified
our readers with a copy of it : but the appli-
cation failed of success.'' Hargrave.]
Extractfrom 2 Kenn, CompL Hist, id ed, p,5il.
Oft the 18th April 1589, was Philip Howard,
earl of Arundel, arraigned in Westminster-hall,
and tried by bis peers, before Henry earl of
Derby, who was created Lord-Higb-Stenard of
l^igland on this particular occasion. The per-
sons summoned to attend this Trial, were these
following peers : William Cecil lord Burleigh,
lord-high-treapurer of Eneland; William lord
marquis of Winchester ; cdward earl of Ox-
ford, lord-great-chamberiain of England; Henry
enrl of Kent, Henry earl of Sussex, Henry earl
of Pembroke, Edward etri of Hertford, Henry
earl of lincoln, tbe tord Hunsdoni the lord
WiUoughby of Eresby, the lord Morley, the
lord Cobbam, the lord Grey, ^the lord Darcv
df the north, the lord Sands, tlie lord Went-
worth, the lord Rich, the lord Wiiloofihhj of
Parham, the lord North, the lord St. John ut'
Bletnesho, the lord Buckhurst, the lord Ln-
Warc, and the lord Norris.
Being ordered to hold up his hand, he did
so, andmoreover used tliis expression, * Ik-
hold here a clean hand and lionen lieart !* Tie
brads of his Impeachment were much the same
with those mentioned before, Ann. 1586, vii.
'' That he held a very strict intiniacy and cor-
respondence with cardinal Allen, Parsons the
Jesuit, and other conspirators, who attempted
the ruin of their prince and country, bv sti^
ring up foreigners and tbe queen's natural sub-
jects to bring in Popery, to tbe total dest^l^
tion of both : that he had engaged by LcCtcri
conveyed by Weston, alias Burges a priest, to
assist the said cardinal in advancing the catho-
lic cause, and to that purpose bad designed to
withdraw privately out of the kingdom : that bi
was privy to the Dull of Sixtus Quintus, wbidi
dethroned the queen, and made over her do-
minions to the Spaniards: that when he wass
prisoner in- the Tower, he had caused mats to
be said for the happy success of the Spaaab
Armada, and had himself composed a special
prayer on that occasion.''
Being demanded to answer, whether be wai
Guilty or not Guilty ? he turned himself to tbe
Court and Judges, and made these challen^n
one after another, ' Whether such m nnmber
^ of Articles might lawfully be jpnt into one asd
. ' the same Impeachment?' They answered in
Ithe affirmative. Then be demanded, < Wbe-
I* ther presumptive arguments bore any wei||bt
< in an Indictment V He was answered, • Tlai
* he might ei^ept against them as for ai be
< pleased.' Another demand was, * Wbctbcr
< he could stand accused of those things chsif-
' ed to be Treason, in the 13th of queen EUn-
' beth, afler the time limited in the said Act?*
They then promised him, ' He should not be
' tryed upon any other law or act of Hifb-
' Treason, but an ancient one of Edw. 3.' !>
the last place, he demanded, ^ If that were a
' fair Indictment, which failed grossly as to or-
< cumstances both of time and pbcc?* Tlie an-
swer was, * That these tilings signified little, if
' tbe mauer of foct were proved.' After ibiii
being asked a second time, whether be »cfe
Guilty or not ? he answered Not Gailty, ssd
submitted himself to God and his peers; bit
desired them to spare his memory, wthicb was
impaired by his imprisonment, aiod all hcakb,
and not to over-charce it with too much varictj.
Puckering^ the Queen's Seijeani at Lvr,
opened the first part of tlie charge, vii, ThK
cardinal Allen having engafred with the Jessiii
and others against his pnnce Mid •onatiyi
opon which account lie was banished liy kiag-
dom ; yet lie the said earl had kept ap'a 0B^
respondence with him by letters, susd ksd 0-
preMly written to bim to advdBOt the CstM-
liek intemt, which, by a ftir uadmaimpat
IMl)
STATE TRIALS, 51 Elic. iS^O.-^M High Treason.
[I2«f
■truciioo, #ft8 a plain inviting of him to invade
England. The earl ni^e answer, That all he
intended by it, wait the promotion of Uiat faith,
by tiie accesiioD of new protelytet. Popham,
the queen*s Attomer-Genenil, eodeafoured to
prove, by the Cotiiessions of Savage, Throck-
morton, and fiabington, that this could not
posbiblv be understood of a free coni'er&ion
upon the strength of argument ; hut of a pub-
lick invasion by Ibrce of arms. Shuttleworth,
m Serjeant at Law, made it appear out of the
form uf the Proclamations put out against the
Jesuits and Seminary priests, on what designs
they were sent into England : That they were
traitors, he proved from the earl's otvn words ;
»bo, upon tlie hearing of Valonger's cause in
the ^tar-Ciiami»er, in relation to a scandalous
Libel of his, said publickly, * That an hearty
' papist could not but be as thorough a traitor/
But tor all this, men of this very principle were
among tlie earl's greatest intimates. It was
urged moreover, Tliat he had esponsed the
faith of the Koinish church, and became of
consequence a subject to tlie Romish see ; but
this lie riatly denved, and demanded that any
Evidence nii^ht be produced to prove him a
professed catholick. He acknowledged indeed,
that he liad in some instances made Burges his
confessor; whereupon it wus debated, that
none were admitted to tlie sacraments of the
church of Rome, but such as were reconciled to
her doctrine and worship ; but he was admitted
by Gratley, a priest, and therefore a papist
before, at least in his heart. This Popham
laboured to prove from his owni Letters, and
that be intended likewise to withdraw beyond
sea ; that lie was an absolute creature of car-
dinal Allen, and conformed entirely to his mc:\-
fores ; for wliich he was guilty of High-Trea-
loo. He then produced Grat ley's and Mor-
gan*! Letters to the queen of Scots, and made
from thence this infereuce, that the earl owed
bil fliange in rehgion more to sourness and
•pleen, than to conscience and conviction.
Then was produced an emblematical piece
found in the earl's cabinet^ which had on one
side an hand shaking a serpent into the fire,
with this motto, * It' God be with us, who shall
' be against us ?' and on the other, a lion
rampant, without claws, and with this inscrip-
tion, ' Yet a lion.' He moreover added. That
the earl designing to quit the kingdom, was
persuaded by the cardinal to alter his purpose,
at being a person likely to do the churdi of
Rome more service by his stay in England,
than his departure thence ; that in a letter to the
qoeen, the earl had reflected severely on the
justice of the laws, in reference to the sen-
tence of death denounced against his grand-
fiitbcT und father; that the queen of Scots had
recommended him to Babington, as the great
Cron of the Catholick interest; that Allen
I owned that the aforesaid Bull was pro-
cared br the applications of a person of figure
in England; which could be no other than
the eaii, because no one nobleman besides,
mm 8Q intimate with Allen as himself, and
whom therefore Allen must needs know to be
ill-aflfected to his country, by what he had heard
pass before ii| the Star-Chaniber. Then were
read also the Confessions of the lord William,
the earl's brother, with those of his sister, the
lady Margaret, and his own letters, when he
had thoughts of leaviuj^r the kingdom. And this
gave occasion to magnify the queen's clemency
afresh, who would not suffer him (at that very
time) to be examined on an Article of Treason^
but barely on a poiat of Contempt. To these
Charges the earl answered in the gross, ' That
' as for the Picture, it was a triSe presented
* him by his man : That indeed he had pro»*
' mised to assist the cardinal in tlie promotion
' of the Catholick faith, but never at the ex«
* pence o1^ his prince and country : That what
* lie had written in relation to the Sentence of
' his grand-fother and father, was extant upon
* record, and so any one miglit rend it : That
* he was not at -all concerned in what the car*
' dinnl or the queen of Scots might write about
* him, since he stood clear as to fact : That
' it was impossible to restrain otlier mens pens :
' That he had indeed some design of acting un-
' der the prince of Parma, in the wars abroad,
* since tlie rigour of the laws against Catho-
' licks made it not safe for him to stay at home :
' That the Attorney had managed the Letters
' and Confessions, at the same mte that spiders
' do flowers ; that is, sucked all the poison out
' of them ; but he, for his part, was able to
' extract -out of them something more nseful,
* might he be permitted to see them.' Then
were read Allen s Letters to the queen of Scots,
with those of the bisliop of Ross, about invad-
ing England, that very year he designed to
qtnt it; and the bull of Sixtus Qiiinius, and se-
veral remarks made on Allen's Memorial to the
KngliiJi, printed at Antwerp the year before.
He was likewise cliargcd with having assumed
this title, Philip duke of Norfolk, which was
found among his papers: and it was Allen's
advice, thot he should in some degree mend
his title. These things were brougttt against
him as convictions of Treason before his imprii»
sonment. Egerton,the Solicitor-General, hav-
ing summed np and repeated the particulars of
the Charge, proceeded upon a threefold dis-
tinction of time, viz. * Before the arrival of
* the Spanish fleet; at the instant of its coming ;
' and after it fled: And that he had been guilty
* of treason since his confmemcnt : Before the
< fleet appeared, he had been guilty of treason,
' in \vi»hing it happy success; wlieait was ar-
' rircd, in making a form of prayer suitable to
' his wishes, and causing the mass of the Holy
' Ghost to be said, und a course of devotions to
' lie used for 24 hours together : And then when
' tlie fleet was gone, in lamenting its defeat
' with all the marks of an extraordinary sorrow ;
* as if he had fixed his last hope, and best coii-
' fidcDce, in the Spanish armada, which was
' fitted out with a design to rum his prince and
' country.' Xhesc particulars were all made
out against hun by sir Tho. .Gerard^ *•* wni,
Shelley, condemned fcpr treason, a
1267] STATE TRIALS, 51 Eliz. 15S%.— Arraignmeni of Sir Richard Knightfy, [1205
house, at the farther end of the town. And
he said, at Ciiri^tiuas Ibilowing Wal^ravc came
to liitai and debjreit tfio prebs, and said that Mr.
Cartwrigiit had wrote a book against the
Jesuits, whicli he iioped to print. This is the
truth, sail h' he. lie wrote to Mr. Hales, to
defend a house for a poor man : all this was
done before the Proclamation, since which
time he never meddled tlierein, as he said ; for
my Lord ChanceUor must honourably gave him
warning to look unto that, which he hath ac-
<^inplished like a g0()d subject to her majesty
to whom he conte»beth himself most bounden,
as he thinketh all the world is betide ; and now
liaih learned of David, not so much as to
touch the hem of the Lord's Anointed. He
hopeth her majesty will likewise forgive him,
as site hath forgiven greater offences : and
besought them all to be good unto him, and he
for his part would sny with Moses and Paul,
That he wrould rather desire to be wiped out of
Uie Book of Life, than not perform his duty to
bermaj(sty. And so he concluded.
Mr* Uu/cs began, That/albeit it were a great
Eief unto him to be convented before their
rdshipS) yet in this he joyed that tliey were
his Judges, thut were the governors and judges
of tlie hmd, which could and would do him
nothing else but justice; he confessed the
bitt&sing of God to be exceeding great unto
the Common aealth for placing her majesty
overtlie sauic, by whose means we enjoy that
peace which oilier nations want, and we happy
that live nndcr her : he disclaimed the books ;
but he had great reason as he thought to gra-
tify sir Richard Knightly in any thing, to whom
he owed much reverence, as him that had mar-
ried liis aunt. Sir Richard desired him to lend
hill hoQse for a poor man, to the which he con-
debcended ; but he knew not the man, nor his
intent ; he met with Penry in Coventry, at a
sermon, who desired him to direct him to his
kousc, there he had ' The Supplicatio(i to tlie
Parliament' Uiat was printed at Oxford ; he
t<jld him he would print Mr. Cartwright's book
* against the Romish Testmnenc : he was
privy that there was a prebs there^ but nothing
else. It was an easy matter for a wiser man
tlian himself to be thus overtaken ; Penry him-
self was not indicted nor impeached. And he
hoped, if a man ignorantlydid receive a Traitor
or Jesuit, that it was not treason, unless him-
self knew of it.
Attorney. You acknowledge you had a
book of him ^ — Ualet, I do.
Attorney, And you came to the maker of it?
Hales. It was before the Proclamation.
Attornty. It was after.
Hales. It was alter the first, and before the
second Proclamation. Hereupon was rend
the first Proclamution, made in 27 Eliz. against
Schismatical and Seditious LiheU, Dr. Brown,
and such others.
Hales. But Mr. Penry 's was no IJIkjI, for
he subscribed his name.
Attorney, Thert* is no doubt but it is a
Libet> though ii be subscribed : %vhcrcuato
Hales said nothing. And then was read the other
Proclamation in 31 Eliz. And the Order in the
Star-Chamber, made in 23 Eliz. whereby print-
ing was allowed only in London, Oxford snd
Cambridge.
Wickstone said, he was an ignorant man, and
craved he might answer by counsel, which
mieht direct him : whereunto the Lord Chan-
cellor answered, tliat this was matter of fact
which lay most properly within his own know-
ledge, and that he must provide to answer for
himself, and that lie needed no coumeL—
Whereupon Wickstone confessed. That his m'lk
desired him to permit them a home io his
house, which he consented unto, knowing the
purpose of them, and that was all.
Lady Wiekstone confessed that the zeal of
reformation in the Church caused her to givt
them entertainment in her house, and she «»
the cause that they came thither, not thiukiog
that it had been any way hurtful or dangeroos
to the state ; and she humbly besought, thi(
what fault soever she had conmiitted, her bus-
band might not be punished therefore, sinoe be
was not privy, but only by her means sod
request.
Hereupon Mr. Puckeringf the queen's Ser-
jeant, began to lay open the enormities of thote
Books, which they had iu court, and diveii
clauses of them were rend. First, he afiinsed
they tended to the ruin of the whole state,
nezt to the abolishing of all ecclesiastical go-
vernment, to the removing of all manner of
service, the oycrthrow of laws ; and yet, sar
they, all laws which resist these men, are nj
more to be allowed than those which maiutajQ
stews. But Penry will never give that o\er,be
says, though the Spaniards were overthro«u
and discomfited hy famine and by hunger, nt
the Lord will raise them up again, and makes
weak and feeble generation to o%*erthraw u.
So here was read a great part of the Epitome.
Puckering, This is most scomtiU and scdh
tious; But what is their conclusion .^ They ^
conclude, our parliament and councils ))e i9- j
sembleil wliere no truth beareth sway : ^hich
is most false and scandalous : but if this their
government be not received, those of the parba-
meut-houbC nor their seed shall never pro»per.
nor they ever bear any more rule in Lngl^'^-
And I Penry v\^II never leave, till either ttii»
be performed, or that the Lord in vengeance
and blood do plague and punisti u*. — \^
the other book * Have you any work for tlw
Cooper?' therein is affirmed that ourChufr*^
Crovemment is utterly unlawful : And ailKit
this form of tiieirs would be iunmvettieut ia
many points, yet every christian is bound to
receive pastors, doctors, elders and deacon*-
For Martin junior, he affirms that it is unla.'r:*«il
to have any other government, that all humaQ
laws maintaining any oihcr form are un^udK,
and not to be obeyed : that the warrant tb*t
bishops have to maintain their autliority, is w
better than that which did maintain the 9te«s:
that antichrist is the head of their d.Krtno?*
and they part of hb body. For Maxtio i^
iQOg]
STATE TRIALS, SI Eliz. 1588.
othatffor Sedition,
[1270
nior, he loudly tcnneth the book of common
service, the book at Lambetli, that
10()yOO() liands would sign to ' their positions
and government which they seek. And fur-
ther, that they are the stren|;tK of the land,
that it were no policy to reject their suit at
such a time when the land was invaded.
After which, they read sir Richard's Examin-
mtion, wherein he confessed that Penry came
unto him as bcfose ; but when Sliarp the mi-
nister toid him the books were Icud and dan*
gerous, he caused them to be polled down^ and
that he knew of no book but ' The Epitome.'
He sent a ring to his man Jackson by Penry to
receive a load of &tu6F into his bouse, which
was the press and other necessaries for print-
ing. Newman the cobler wore his livery, and
Wastal his man helped Walgcave away from
bis house, to Mr. Hales at Coventry : Fox his
schoolmaster, and Wastal his man, would com-
monly read the books in sir Hichard*s house,
aod scoff and scorn at John of Canterbury.
Sharp saith, tliat sir Rlchurd conferred with
Walgrave, as Newman told him The Epitome
was printed ihere : that when it was told sir
Richard his house would be searched, he an-
swered, tlie knaves durst not search his house ;
and if. they did, he would have coursed them.
The printer's man saith, that the * Mind-
Airs, were printed tlicre, but sir Richard an-
swered, he never knew so much before. * Hate
3X>u a&y work for the Cooper?' went in hand
there, but they went away tlien to Coventry.
The printer's man woulfl have submitted him-
self long before,* but sir Richard advised him
not to do so in any case, for the lortls were so.
incensed, as be should be hanged if he were
catched. For Hales, Have von any work for
the C(^oper? was printed at hu> house, he camo
ODje to the press as they were printing it.
Mrs. Wickstone confesseth, Martin junior and
Martin senior uere printed in her house, she
gave them entertainment, and placed them in
a parlour ; her husband knew it not till it was
done ; she told him, it was works of embroider-
ing, and willed iiiin to will his servants not to
peep or pry into the parlovir, since it pertained
not to them : Hodgskins and two more printed
them all. Ilodgskins whs desired to print
more, but he refused. Hod^skins confesseth
that he printed tlu.Mn two; and from Mr. Wick-
stone's they were conveyed to Warrington in
Lanrasliire : Shct;tvc them 2s. 6d. at their de-
parture, and her husband ^s.
Upon this Mr. Solicitor E^erton began to
declare the danger of these Books, that they
tended to confu»ion of all states, to take away
her majesty's prerogative royal, to the diminu-
tion of her yearly revenue, where she at this
time was forced to sell her revenues for main-
^ance of her realm and people, to the dis-
herison of a great number of tluir patronages
and advowsons and appropriations, totlie abro-
gating of the common law and the civil law in
many points: Whereupon he desired their
lonUhips to proceed to sentence.
AU the Lords agreed that the Books were
most lewd, dangerous and seditious, and pernici-
ous to the state, most scandalous in re^pect to
our adversaries the Papists, who took occasion
of our disagraement : tiiut they were slanderous
to her majesty, in accusing her for not main-
taining religion. Whereas she for defence of
religion only bath scared uU the enemies of tlie
state; that the sword of war had been drawn
out against her for that cause ; nay, the sword
of death had compassed her chair in her own
chamber [Mr. Parrie and Mr. fiarnewell]:
Notwithstanding she, nothing dismayed, being
of princely magnanimity and fortitude, hath
not feared any of these dangers only for reli-
gion sake. 1 hat they took away licr majesty's
regal power, disinh#nted noblemen and gentle-
men, took away all property, abolbhed the
reverend estate and calling of bishops, which
are one of the three anaent estates of tjiis
land ; and so they meant to pick out one stone
after another, till they pulled the whole house
on their heads. That the faults of them there
present were gross and grievous; sir Richard^
a man highly favoured of the queen^ and much
bounden more than ordinarily any of his state.
Yet notwithstanding, said Mr. Vice-Chanber«
lain, you be beloved of all of us, yet justice
must be done without affection or compassion ;
for puniantur hi, ne tu runiurit ; let the ma-
gistrate punish offenders, lest himself be pu-
nished. And again, St. Augustiue saith, ptreat
untune ptrtat tcjit^ax; let the offender rather
be punished, than Uie unity of the church be
confounded. That their ignorance was no excuse,
that ignorance which was wilful and malicious
only to escape the punishment of law, which is
as high an offence as any privity. That it was
a sillier answer of Mr. Wickstone, to say his
wife deisired him, a great folly to be ruled by
her, and she passed the modesty of her sex
to rule him. And sir John Parrot said ex-
pressly, he thought htm worthy of the greater
punishment for giving such a foolish, answer as
that he did it at his wife's desire. ^
The Lord Chancellor gave the assembly tliat
stood by to note, that the»e prisoners were not
the det'isers and makers of these books ; for if
they had, another place had been fit for them,
andf not this : that the county of Northampton
did swarm with these Sectaries, and in one
place there was a Presbytery planted among
them, till at length one of the brethren had of-
fended, wherefore the otl>cr would have pu-
nislied him ; but he, wlien he •«lu)nld be punisli-
ed, fled, and complained to a justice of peace,
and so their power surceased, and all revealed ;
whereby he noted the vanity of their govern-
ment : yea, said he, it is proceeded so far iu
that country, that the people were otFull con-
tention, andf in some places had risen in arm^
about that quarrel; wliereby he concluded it
was necessary to prevent sucli mi^hief, and to
make example o\ it, and desired the judges lo
notify his action herein in their circuits abroad,
to the end the wlxile realm might have know-
ledge of it, and the people no more seduced
witb these lewd libtUen, For pnaishmrnt^
1271]
STATE TUIALSiS^EUz. IdQO.-^TrialofJohn Cdall,
[127 '2
they all agreed that sir Richard should be fined
2,000/.*; Mr. Hale$, 1000 marks; Mr. Wick-
stone for obeying his wife, and not discovering
^— — ^— ^— ^1^— ^»^»^^»»
• This sir Richard Knightly was divers times
chosen memberof pari ianoent for the county of
Nortliampton, in the reign of queen Elizabeth.
He wa§ a great favourer of the Puritan party,
and at the expence of printing their libels, as
is reported, being influenced by Snape, and
some other leading ministers of this county ;
these libels were printed by one Walgrave, who
liad a travelling press for this purpose, which
was once brought down to Fawesley, and from
thence by several stages, removed to Manches-
ter, where both the press |[pd the workmen
ware seized by the earl of DeVby. For this
ofleuce sir Richard Knightly, and his confede-
rates, were cited into .the Star-Chamber, and
severely censured ; but upon tlie intercession
of archbishop VVhit<:ift,whom they had most in-
suited, they were set at liberty, and had their
fines remitttd^ But though thus zealous for
it, 500 marks; Mrs. Wickstone a lOOOi.t;
and all of them Imprisonment at her majesty's
pleasure.
the Puritan faction, he joined with sir Francis
Hastings in presenting a petition to the house
of o>mmons, for granting a Toleration to the
Papibts. Bridges*s Northamptonshire, by Jebb,
fol. p. 63.
t Camden says, That at this time se?enl
scurrilous pamphlets were published against the
church of EnglsrtT^ by the dissenters; tbeir
great patrons and abettors were sir Richtrd
Knightly and Wickstone, persons in other re-
spects sober and pious, but drawn into the
party by some instruments that were tu makf
a private market of them. However the knights
had a pretty round fme laid on them in the
otar-Chamber : but the archbishop of Canto^
bury was so generously good-natured, as to
procure a remission of it at her majetrj't
hands. See Camden*s Eliz. in the Complete
History of England, vuL H. pag. 560.
68. The Trial of Mr. John Udall, a Puritan Minister, at Croydon
Assizes, for Felony: 32 Euz. 24th July, a. d. 1590.
[Wrote by Himself.]
On Tuf sday the 13th of January, 1589, I
appeared at my lord Cobhum's house in the
Biackfriers, before my lord Cobham, my lord
Buckhurst, my lord Anderson, the bishop of
Rochester, Mr. Fortescuc*, Mr. Egcrton, the
*^iieen*8 Solicitor, Dr. Aubery, and Dr. I^wen.
Then was I called in before them ; whereupon
nay lord Anderson said unto me.
Anderson. How long have you been at
Newcastle ?
UdalL About a year, if it please your Igrd-
ihip.
Ander.
Thames ?
Udall,
Why went yon from Kingston upon
Because I was silenced there, and
was callerl to Newcastle.
Rochester. What calling had you thither ?
Udall. The people made means to my lord
of Huntingdon, who sent me thither.
Roch. Had you the allowance of the bishop
of that diocese ? /
Udall. There was none at that time.
Boch. I'hen you should have gone to the
archbishop.
Udall. There was no archbishop of York
neither.
Ander. You are called hither to answer
concerning certain Books, which are thought
to be of vour making.
U. l{ it be for any of Martin's Books (ac-
r,ording as my I^rd Chamberlain's Letters, that
fetched me, import) I have already answered,
and am ready so to do again.
Ander. Where have you answered and in
what nanner ?
U* At XiOiDbetby a year and a half ago, I
cleared myself not to be the author, nor to
know who he vias.
Ander, Is this true, Mr. Beadle.^
Beadle. I have heard that there was such a
thing, but I was not there at it, if it please
your lordship.
Aubery, Ltwen. There was such a things as
my lord'b grace told us.
U. I am the hardlier dealt withal, to he
fetched up so far at this time of the year. I
have had a journey I would not wish Uoto my
enemy.
Roch. Yon may thank your own dealing in
matters that you bhould not have meddled
withal.
Ander. It is more than I heard, that c^er
you were called to answer; but you are tu an-
swer concerning other lK)oks.
U. I hope your lordships will not urge me
to any others, seeing I was sent for about those.
Ander. You must answer to others alioi
what say you to tliose books ? A Demoastra-
tion or a Dialogue, &c. did not you make them?
U. I cannot answer thereunto.
Ander. Why would you clear yourself of
Martin, and not of these, but that yoa are
guilty herein?
U. Not so, my lord ; I have reason to an-
swer in the one, and not .in the other.
Ander. I pniy you let Us hear what reasoo,
for I cannot conceive of it, seeing they are all
written concerning one matter.
U. This is the matter, my lord ; I liold dir
matter proposed in them all to be one, but I
would not be thought to handle it in that oib*
ner, which the furmer books do ; aud becaaae I
1273]
CTATE TRIALS, 32Euz. I BQO.-^far Felony.
[127*
think otherwise of the latter, I care not though |
diey shoukJ be fathered upon roe.
Buck, But I pray you tell me^ know you
not Peury ?
U, Yes, roy lord, that I do.
Buck, And do you not know him to be
Martin?
U. No, surely, neither do I think him to
be Martin.
Buck, What is ybur reason ?
U. This, roy lord ; when first it came out,
he (understanding that some gate out that he
was thought to be the author^ wrote a Letter
to m friend in London, wherem he did deny it,
with iucb terms as declare him to be ignorant
Und clear in it.
Buck. Where is that Letter ?
U, Indeed I cannot now shew you, for I
have forgotten unto whom it was written.
Buck, You will not tell where it is.
U. Why, my lord, it tendeth to the clearing
<»f one, and the accusing of ^ none.
Buck. Can you tell where Penry is ?
U. No, surely, my lord.
Buck. When diA you see him ?
U. About a quarter of a year ago.
Buck, Where did you see him }
V. lie called at my door, and saluted me.
Buck. Nay, he remained belike with yuu ?
U. No, indeed; he neither came in my
house, neither did he so much as drink with me.
Buck. How came you acquainted with him }
U. I think at Cambridge, but I have been
often been in his company.
Buck. Where?
V, At divers places, and namely in mine
own house whiUc I dwelt at Kin(i(ston.
Buck. Whuc cause had you to be so often
in his company ?
• U. He being a scholar and student in di-
Tinity, and one \\h«iiii I always thought to be
an hf^nest man, your lordship may easily con-
ceive th^ cause. Here was much to this same
effect sptiken about Mr. Penny, and my being
•t Mrs. Crane's house at Moulscy, and with
her, &c. which 1 alwiiys answered, as in the
hke case concerning Mr. liorton of Kiclimond
before the archbishop. Then Dr. Lewen read-
ing my Answers to tliose Questions, that had
been by the Archbishop propounded unto me
concerning my Papers in my study, and name-
ly the notes of my several Conferences with
the bishops and tlteir officers ; I was asked, as
I remember, by Mr. Fortescue :
Foriescue. Why did you pen such things,
and keep them ?
hock. Because he and such like might
apishly imitate the martyrs of former. times,
and account tliem.seUes persecuted by us, us
those were by the popish Bishops.
U. The cause is this, for that in the quick-
ness of wit, and readiness of memory in youth,
those things may be spoken, that in age will be
'ffDore easily made use of in writing than other-
wise, the memory of man not l>eing infinite.
. Ander, What say you, did you make these
I)ook0^-or know you who made them?
U, I cannot answer to that question, my
lord.
Ander. You had as good say you were the
author.
U, That will not follow ; but if yon think
so, I cannot do withal.
Ccb. Mr. Udall, if you be not the author,
say so, and if you be, confess it; you may find
favour.
U. My lord, I think the author, for any
thing I know, did well, and I know that he is
enquired after to be punished; and therefore I
think it my duty to kinder the finding of liim
out, which I cannot do better than tlius.
Ander. And why so, I' pray you?
U,' Because if every one that is suspected
do deny it, the author at the length must needs
be found out.
Ander. Why dare you not confess it, if you
be the author of it ? Dare you not stand to
your own doings ?
U. 1 profe^ed before that I liked of the
books, and the matter handled in them : but
whetlier I made them or no, I will not answer ;
neither of any other book of that argument^
whatsoever goeth without name, if you should
ask me, for the reason alledged before : besides
that if I were the author, I think that by law I
need not answer.
Ander, That is trae, if it concerned the
loss of your life.
U. I pray your lordship, doth not th6 law
say generally, no roan shall be put to answer
without presentment before justices, or things
of record, or by due process, or writ original?
^c. Anno 4Q Kdw. 3. cap. 5.
Ander. That is law, and it is not law.
U. I understand you not, my lord ; it is a
statute which is in force, if it be not repealed.
Ander. I tell you, by law you ought to an«>
swer in this case.
(/. Good my lord, shew me this favotir, to
tell me in what book of the law I shall find it;
fori profess to understand the Latin, French
and English Tongues, wlierein all the laws be
written.
Fortes, You are very cunnin!» in the law ;
I pray you by what law did you preach at New-
castle, being forbidden at Kingston ?
U. I know no law against it, seeing it was
the official Dr. Hone, who did silence me;
whose authority readieth not out of his arch-
deaconry.
Fortes. What was the cause for which you
were silenced?
V. Surely I cannot tell, nor yet imagine^
saving the secret suggestions of Mr. Harvie.
Fortes. To be ignorant of that, is crassa et
supina ignorantia.
U. No, sir, the action was crasza et supina
injuria.
Ander. Well, what say you to those books ?
who made them, and where were they printed f
li. Though I could tell your lordship, yet
dare I not, for the reasons before alledged.
Koch. I pra^ yon let me ask you a question
or two coocernmg your book.
1275]
STATE TRIALS, 32Eltz. 1590.— Trial qf John UdaU,
[1276
U, It is not jct proved to be mine ; but I
will answer to any thing concerning the matter
of the book, so far as I know.
Koch. You call it a demonstration; I pray
you what is a Demonstration ? I believe you
know not what it is.
U» If you had asked me that question when
I wac a boy in Cambridge of n year's standing,
it had been a note of ignorance in me, to have .
been unable to answer you.
Roch. Surely it seenieth by the frame of
the syllogisms and reasons in it, that you know
it not, if YOU be the author of that book: I
read none of it late, but in the parliament-time,
sitting in a morning in the house, I read some
of it ; and it seemed to mc in many things, not
to conclude probably, much less demonstrm-
tively.
if, I will shew you, as I take it, why the
author called it a Demonstration ; because the
reason which is usually brought to prove the
conclusions, is commonly drawn from a place
of scripture, which hath more force in it to
manifest the conclusion &ir»iu»ltx^, than any of
Aristotle's proofs drawn, as they say, es primit,
verts, nccessariiSf ft immediatit causis,
Roch. Indeed tluit which is proved by the
Scriptures, is proved most demoitstratively ;
but the proofs io that book arc far from any
huch.
U. Let that be the question, and try it in
eome one.
Andtr. My lord of Rochester, I pray you
let us make short v%ork with him, offer him m
book; will you swear to answer to such things
as shall be demanded of you in the behalf of
our sovereign lady the queen?
IL I wUl take an oath of allegiance to her
•majesty, where'»u I will acknowledge her supre-
macy according to statute, and promise my
obedience as be( ometli a subject ; but to swear
to accuse myself or others, I tliink you have no
law for it.
Anikr. Mr. Solicitor, I pray you tell him
the law in this point.
Then Mr. Solicitor (who had sitten all the
while very soberly) noting what parsed (and if
a man's mind may be knowxi by his counte-
nance, seeming to mislike the couise holdeu
at^ainst rac) upon my lord Anderson's com-
mandment, stood up, and putting olT liis hut
unto me, said :
JE>gcr. Mr. Udall, I am sorry that you \niJl
not answer, nor take an oath, uhich by law
you ought to do : 1 can assure yon, your an-
swers arc like 'the seminary priests answers ;
for they say, tliere is no law to compel them to
take an oath to accuse themselves.
U. Sir, if it be a liberty by law, there is no
feason why they should not cliallenge it ; for
(though they be very bad ones) they are sub-
jeots^and until they he condemned by law, may
require all the benefits of subjects ; neither is
that any reason, that their answering so, should
make the claim of less value for me, seeing that
iMrein we are subjects alike, though otherwise
of a most coQtrary dispoaitioo.
Buck, My lord, it is no standing with him
thus : what sayst thou, wilt thoo take the oath?
v. ' My lord, I hav« said as much thereumo
as I can.
They then commanded me to go forth, and
they consulted a little space, and called me
again, at which time almost every one of them
used many words to persuade me to confess a
truth ; saying the queen was merciful, and that
otherwise it would go hardly with me : to whom
I said, My lords, I know not that I have ofieod-
ed her majesty ; when it is proved that I have,
1 hope her mercy will not then be too latt :
howsoever it be, I dare not take this oath.
Aubmry, Lemen. You have heretofore taken
it, and why will you not take it now ?
U. Indeed you call to remembrance a good
reason to refuse it ; I was called to answer to
certaio articles upon mine oath heretofore,
which I voluntarily did, and freely confessed
that against myself, concerning my judgment
and preaching of the poinu of discipline, which
could never have been proved; and wbeo mj
friends laboured to have me restored to mj
place, the archbishop answered, tliat there vras
sufficient matter against me, by mine own con-
fession, why I should not be restored : where-
upon I covenanted with mine own heart, nerer
to be mine own tormentor in that sort again.
Ander. Whatsoever be the issue of it, yoa
must do your duty^ and deal plainly with the
magistrate.
U, I take my duty to be io this case, not to
answer, nor the magistrate's to require it of me;
seeing the apostle saith, * Receive not an accu-
sation against an elder, under two or three vrit-
nesses :' which Semanca, the Spanish inquisitor,
alledgeth to the same purpose.
Buck, VVhat, you are an Elder, are you ?
IT. My lord, howsoever the word Elder be
taken, whetlier so largely as 1 and my brethren
that desire the discipline do take it, or only iit
a minister of the word, as our adversaries un-
derstund it, I am an Ekler.
Roch, It is true, my lord, that an Elder in
that place contaiueth all such as ke is, but none
else.
Buck. Yea, but they would have other El-
ders to govern the church; which desire of
theirs, when it come'h to pass, 1 will give over
my barony, and become an Elder.
U. If your lordship unden»tix>d what great
pains, and small worldly rccoaipcnce belongciii
to that office, you would never say so.
Roch, The day is past, and wc must mnke
an end : will vou take the oa'Ji?
U. I dare not take it.
Roch. Then you must go to prison, and it
will go hard with you, for you must remtia
there until you be glad to take it.
U. God's will be done ! I had rather go to
prison with a gooil ct>nsciei>ce, than to be at li-
berty with an ill one.
Koch. Your sentence for this time is, to ||0
to tlie Gate-house close prisoner, and voo a^e
beholden to my lords here, that thay have heard
you so long.
1277]
STATE TRIALS, 32 Eliz. \50O.-^far Fdony.
[127$
IJ, I acknowledge it, and do humbly tbaDk
tlieir honours for it.
And when they were all gone, my lord Cob-
bam stayed inc to speak to me, who told me,
that it might be he and others wished things to
be amended as tvell as I, but the time served
not, and therefore he wislied me not to stand in
it : and I praying his lordship's good favour, he
fromised to do for me what he could ; tor which
humbly thanked him, and so was carried to'
the Gate-house by a messenger, wlio delivered
me with' a warrant to be kept close prisoner,
and not to be suffered to have pen, ink, or pa-
per, or any body to speak with me. Thus I re-
mained there half a year, in ail which time my
wife could not get leave to come unto me; sav-
ing only that in the hearing of the keeper she
might speak to roe, and I to her, of such things
as she should think meet, notwithstanding that
she made suit to the conmiissioners, yea unto
the body of tlie council, for some more liberty :
all which time my diamber-fellows wefe semi-
nary priests, traitors, and professed papists* At
the end of half a year, I was removed to the
Wbite lion in South wark, and so carried tathe
assizes at Croydon ; where what was done, I
will not mention, seeing there were present
such as were both able, and I think willing to
■et down ; auto whose report I refer those that
would know the same.
At the Amset at Cro^doity the i4th July, 1590.
Mr. Udall was called, and commanded to
hold up his hand at' the bar ; who held up his
kand acconlingly. Then was his Indictment
read, being thus : John Udall, late of London,
clerk, thou art indicted, &c. The form of
which Indictment was as against murderers :
namely, That he not having the fear of God
before his eyes, but being stirred up by tlie in-
stigation and motion of the devil, did malici-
ously publish a slanderous and infamous libel
a^inst tlie (jucen*s msjesty, her crown and
dignity. And being usked whether he were
Guilty, or not Guilty, he answered thus :
U. My lords, may it please you to hear me
a word or two ?
Judge Clarke. Answer first to the Indict-
ment, and then you shall be heard.
^ U. My lonls, I beseech you hear me first a
word or twain.
Judge. Say on.
U. My case is rare, and su(!h as hath not
been heard of heretofore, and consibteth upon
di?ers points of law ; I humbly crave of your
lordship to grant me to Hns\>er by counsel, if
it may be.
Jud^e Clurlic. You cannot hove it, and
therefore answer to your IndictmtMit.
V. Then I answer (my lords), that I am
not Guilty.
Jvdge Clarke. How wilt ihou he tried ?
V. 1 do desire to be tried by an in({uest of
learned men ; but set;in^ I i»h:di not, I urn con-
tented to* be tried by the orriinary course, as
clie>e men before me are, that is, as you use to
•8J, by God au4 the country.
Then the Clerk of the Assizes said to the
parties arraigned, after be had read the names
of the Jury before ttiero, Ther&e men whose
names you have heard, are to go upon your
hves and your deaths ; look upon them when
they are culled to be sworn, and if you know
any cause, take exception gainst them. Then
the rest of the felons having nothing to say,
Mr. Udall said. My lords, 1 am ignorant of
the law iu this pomt; I pray you therefore
shew me the manner 6f challengmg the Jury ;
h')w many I may challenge, and whether I may
render a reason for the same.
Judge. I think you* will know a cause in
your conscience, before you challenge any of
them.
U, Then I pray you, my lord, how many
am I by law permitted to challenge ?
Judj^e. Nay, I am not to tell you that; I
sit to judge, and not to give you counsel.
Then Mr. Udall keeping silence. Proclama-
tion was made according to the manner : That
if any man could give In Evidence against
John Udall, prisoner at the bar, that they
should come into the court and be heard.
Then Mr. Daulton stood up : And in the
mean while Mr. Udall said to the Judges
thus;. My lords, I beseech you answer me to
one question before Mr. Daulton begin to
speak.
Judge. Say on.
U. Is it permitted me by law to answer to
those things in particular, which are brought to
prove this Indictment ?
Judge. It is permitted.
U. Then I humbly crave of your lordships
to' grant me two petitions, which I think will
greatly further both him in speaking, me in an-
swering, and also be a more ready help, to the
memory of tlie Jury, that they may be able to
bear the matter away.
Judge. What are your petitions ?
U. The first is, that when Mr. Daulton
hath spoken to one point what he can, I may
answer to that before he proceed any further,
lest my memory being overwhelmed with nml-
titude of matter, I should forget to answer to
some points of importance, and the Jury made
less able to discern of the particulars. The se-
cond is, that it iniifht please you to grant me
to answer witliout interruption.
Judge. You shall have them both granted.
Danlt, Then Mr. Daulton said, Mr. Udall,
you have these petitions granted you, I desire
the same of you. And then he desiring leave
of the Judges, before he should prove the In-
dictment, to say something touching this, that
this man, and such as he is, do maintain, &c.
After leave given him, he used a very long
<>peecfi, to the great disgrace and slander of the
cau«e, and those men that professed the same,
especially of Mr. Udall : and making mention
in the same his speech, of five several books of
coininon-prayer, made by such as desire re^
loriiiation ; lie affirmed, that in one of the said
hooks there was hori'ible blasphemy, in. these
words of the consecration of the Lord's Sop-
)279]
STATE TRIALS, 32Elie. 150O.—7VialqfJohnUdaU,
[1280
per, ' Take, eat, this is my body ; drink, this
IS my blood/ Then he cried our, saying, * Oh
horrible blaspbcmy !' And taking occasion
upon tite variety ot these books, he affirmed
that there was no constancy in these men :
And whereas one of the lx>oks doth allow, that
over every congregation there should be a
taithful pastor ; that is, quoth he, a shepherd,
whereby they may take the government out of
her majesty's hand, and so oring her majesty
to be one of their sheep ; no, quoth he, her
majesty is no sheep under any shepherd in the
world, except Christ : and for the government
that these men do seek for, I am assured there
is hone such to be found in the word of God.
U. Mr. Daulton hath used a very large
speech, which doth nothing concern to prove
the Indictment, or me in particular; and
therefore seeing I am not called hithcfr to dis-
fute, as if I would, I should not be permitted,
will not answer it ; only tiius much will I
say, if it please your lordships, that seeing Mr.
Daulton is by profession a lawyer, and the
cause is yet in question among the learned di-
vines, methinks it had been more modesty for
Mr. Daulton to have suspended his judgment
until the controversy had been detennined
amongst tiiem, to whose profession it belong-
cth : especially seeing Mr. Daulton knowetli
in his conscience, that he hath heretofore car-
ried som^ shew of liking to the cause, w luch
now he speaketh against.
Judee, Sirrah, Sirrah, answer to the matter
that Mr. Daulton hath against you ; Mr. Daul-
ton, proceed to the proof of the points of the
Indictment.'
Dault. My masters, you of the Jury, &c.
I will prove, hrst, that he had a malicious in-
tent in making of this book : secondly, That
he is the author of it : and tliirdly. That these
matters contained in the indictment are felony
by the Statute, 23 Kliz. cap. 2.
Then was Mr. Beadle the Register called,
who was sworn, that these Examinations fol-
lowing were as the parties themselves confessed
the same: and to prove the first, the clerk of
the assizes caused Stephen ChatBeld to be
called iuto the court, to give in evidence u^aiust
John Udall ; but he appeared not at all, for
which the Judges were oflfended ; and serjeant
Puckering said, there was a warrant sent for
him: whereupon some standing by atiirmed,
that the warrant came after his departure from
home. Then Mr. Daulton said, tnat he went
out of the way of purpose ; and judge Clarke
^aiJ, Mr. Udall, you are glad of that. Mr.
Udall answered ;
VdUUL My lords, I wish heartily he had
been here ; for as I am sure he never could
say any thing against me to prove this point,
so I hii\ c heard and iun able to prove it to be
true, that he is very sorry that ever he made
any complaint against nie, confessing he did it
in his anger, when < Martin' came first out; and
by their suggestions, whom he hath proved
^ince by experience to be very bad men.
pduit, U is no great matter whether be be
here or no, for we have his Articles against yoa,
and your own confession to prove this point
sufficiently.
Then were Mr. Chatfield^s Articles (that he
brought to the archbishop against Mr. Udall)
read, by the clerk, containing Ik report of cer-
tain written papers; tending as be supposed,
to the making of such a book as this is: aod
thereupon asked Mr. Udall whose writing they
were ; who answered, they are a friend's ot
mine: wbereunto Chatfield replied, wishing
him to take heed of them, and to rid his hands
of them, and to return them to his friend from
whom he had them, for he doubted they con-
cerned the state. These Papers he saw m Mr.
Udall's study at Kingston. Also be further
saith, that at another time, he having confened
with Mr. Udall in a certain field by Kingston,
caUed Little-field, about this putting to silence;
he saith, that the said Mr. Udall uttered these
words, that if they put him to silenc«, he would
give the Bishops such a blow, a:i they never
had.
U, May it please your lordships that I
may answer these things in particular ?
Judge. Say on, let us hear your answer.
t/. I was accused this time two years upon
the words of Chatfield, that these papers that
be did see in my study, should bexhe matterof
' Martin-Mar-Prclate ;* and because I cleared
myself of that, it is now brought to prove ano-
ther matter : but it proverb nothing, unless it
were set down in particular what they were.
Vault. It proveth this, that you had a pur-
pose to write this Book ; and those things were
collections from your friends, and preparatiuas
thereunto.
U, Let the Jury consider how that point is
proved by it. Besides, it may be proved, that
this Book was extant in men's hands before the
Conference between Chatfield and me; there-
fore how can it be proved that this is the book
that should give them such a blow ?
Dault. But you cannot deny the second
Point, that you had a pretended Malice, for it
is extant in your own Confession : read his
Answer to those Articles of Mr. Chatfield,
Then the Clerk read his Answer, to this effect,
That if the Bishops put him to silence, they
would give him occasion and leisure to be em-
ployed in writing against them. Then said Mr,
Daulton, Is not tliis most evident, what can he
plainer than it is ^
U. I pray your lordships give me leave to
explain these things.
Judge. Say on, and be brief.
V. Mr. Chatfield told me, that he was com^
nianded to come to Kmgston and be residegt
there, of purpose that 1 might be put to si»
lence, and that there might not ap^Kar any
want of a preacher, I being put down; whcren
upon 1 said, in effect, as is above rcliearscdi
1 pray you hear in wliat sense these words
were u tiered.
Judge. The matter is clear, imd we lee
what you can say to it well enough; proceed,
Mr. Daulton, to tlie Proof of tbc second Foiott
1281]
STATE TRIALS, 32 Elk. 1 590.— /or F^fowj-:
[12S«
D'.tulf. And that you be the Author of this
slander|)us utid int'uiuous Lii'el| it sluill be
provtil cleirly to the Jury beiore your face,
fheu said he to the clcrk/road the Aii?)iver of
Nicholas Thdinpkins, which was mudc upon
his oath before her majesty's llich-Coinmiib-
sionere. Then was read to this eftcct, that
Thornpkins knew that iMr. Udall was the Au-
thor ot'thut Book culled ' The Demonstration/
for he said thu Mr. Udall hiin&elf told him so.
Also that he saw either in Mr. Udall's house,
or in s')me other place in Kins^ston, a Cata-
logue of all the Books that Mr. l.Mall had
made, amottgst which the Deuioustratiou was
one,
Judfif. You see here that this is clear, and
a sufficient Testimony.
U. It carried some shew, but it is nothinfi;.
Judge. Do you cull the Testimony of one
being an honest man, and upon his uath. be-
fore the High-Corn missioners; to be nothing ?
Can yon answer it?
U. My lords, I answer it thufi, dcnyini; it
to be his Testimony ; fur if it be, why is he
not pre^nt to verity it face to face, according
to tlie law ?
Judge Puck. It is verified to be hi? irue
Answer, under the hands of Dr. Auberie and
Dr. Lcwen, the hitter whereof conlirmed it be-
fore me upon his corporal oath.
DuuhL You can take no Exceptions against
that, and will you .sny he is not an hone»t man ?
U. I am pei'suuded ho wns uniazcil, and
answered he knew not nhat : for he hath re-
ported it so diversely, that it tteemelh he re-
uenibereth not what he ^aid.
Jarf/e. But the Oaih of Thonipkins is to
be preferred bctorc his bare Report.
il. My lords, 1 answer: 1 protest unto
you, (and will verify it upon my Oath, if it
please you) that he told me the day belbrc I
was committed, at his master's hou»e, that he
could not say, neither would he for a thousand
pounds altinn any more than this, that he heard
ine say I would not doubt but i>et my name to
that Book if I might have inditTereut Judges.
And further (if it please you, my lords) here
are some Witnesses that upon their oaths will
testify, how diverbly he hath reported of his
ConlVssion to this thing, if it please your lord*
ships to accept tliem. And the witncsves of-
fering; themselves to he heard, were answered,
that becau'>c their Witness was against the
queen's majesty, they could not be heard.
And after other speeches passing, Mr. Udall
said;
U. My lords, the speech of the Catalogue
is most vain, and hath no sense in it ; for can
J have made so many Books, as that I need
make n Catalogue ot them } It may he, my
lordsy he saw a Catalogue of the I^oks in my
study, wherein if that were one, it is ratlicr an
argument that I made it not ; for men u&e not
to put their own works in the Catal«>gne of
thosa that they have in their study.
Dauli, You of tlie Jury consider this, that
Tbompkins wns Mn. Crane's man^ aud one; that
VOL. f.
was privy to all the printing that was at her
houbc; and Mr. Udall used to go often thither.
V. All that is nothing to me : what if I
used to go thither, she is of my acquaintance,
I know her to be an honest gentlewoman ;
what can you gatlicr by any of these things?
Why is not Thompkins heret o declare his testi-
mony, and to s ly what he can ?
Dtiult. He is beyond the seas about Mer-
chandize-', sent away by Mr. Gore, who married
Mrs. Crane's daughter.
U. How doth that appear ? He is no mer-
chant, but a semng-man ; and if lie were,
what is that to tne ? But it cannot be proved
that Mr. Gore did send him, so that here is
nothing but bare papers to shew for evidence
against me.
Then there was much said,^to prove that the
Testimony of a man absent tvas sutlicient, if it
were proved to be his upon the oaths oi others.
And then the Judge said,
Jud»c. What say you? Did you make the
Book, Udall, yea, or no ! What say you to it,
will you be sworn ? Will you take your oatb
that you made ir not ? We will oiler vou that
favour which never any indicted of Felony had
before ; take vour oatli, and swear you did it
not, and it shall suffice.
U. My lords, I pray yon hear me to. this :
If I would have done so before the lords of her
majesty's privy-Council that committed me, I
had not come hither; but I neither then might,
nor may do so now, whereof I pray you let me
shew a reason to the Jury. I and many more
do think the Ik>ok to be good, for any thing we
can find in it, and to be written in defence of a
cause I'hich we take to be most true. Now the
Autiior is sought for, that he may be punished
for some speeches that may b^ wrested in the
Book; therefore lest he should be found (if one
after another tliat are suspected do deny it) it
is thought best everyone ntithcr to confess nor
to deny, yea though we 'suffer some punish-
ment, rather than the author, being found out,
should suffer extremity.
Judge. Nay, this is but a shift, I will go
further with you ; Will you but say upon your
honesty that you made it not, and you shall see
what shall be said unto you ?
U. My lords, it is all one, I hiake a con-
science of my word as of my oath, for I must
^ive account for both. This is no direct course
m this place.
Judt^r. You of the Jury consider this. Tin*
argue th, that if he were not guilty, he %vould
clear himself, and consider well of it. And
tlien speaking to Mr. Udall, he said. Do not
stand in it, hut confess it, and submit yourself
to the queen'a mercy, before the Jury hnd you
guilty.
if. My Lord, I answer, that according to
my Indictment L am not guilty, every point
whereof must be pro\ed, nr else (the whole is
false. And 1 beseech your lordships give me
leave, and I will be very brief : My ccinscienco
doth not accuse inc tlmt I have so much as
offended her majesty, her council, or the ncaa*
4 N
I2S5]
STATE TRIALS, 35 Eli z. ]50O.^TriaI qfMn Udall,
[1281
est of li^r pftnpic in any thing 1 have done
conceriiinK this c.'uisr; lor it* i should, of all
other I (Jescrvtd the tea^c favour, hein^ oiic
that protcsse.l to teach others loyalty lo her
majesty, nnil love to one another : and wotM
■?ou have me to confess si fault where thrre is
none? No, I cannot do it, neither vill 1 ;
wherefore proceed in your course hepun.
Daitlt. We have yet more Proof ihnn ihi«;,
though yet this wcrciullicient of itself; where-
fore read the other Examinations. — Then was
read the Conftsbivin of Henry Sharpc of Nor-
thampton, who upon his «)nth, hefore my Lord
Chancellor, had said, Thai he hrnrd Mr. Penry
say, that Mr. Udidl was the Author of ♦ The
Demonstration/
U.- Shii:pe and I were never ahove once in
company together (to my reinemhraure), nei-
ther knew he ever any of my dealings. This
is nothing to prove rae the Author of the
Book: Reports be uncertain ; and if reports he
true, (he Archbishop hiinsell told ine, tliat Mr.
Penry made it ; which is more forcil)le for me
limn any of Sharpens rcportit can be agnins^t
Die.
DauU. You mistake the matter ; the force
of the poir.t resteth in Mr. Penry 's report, who
was one of your great acquaintance and fami-
liars; and you, and Wal^ravc, and he, were at
Mrs. Crane's house.
U, Here is one man's saying that nnotlter
said so; let the Jury consider of what forc^c
this proof is ; if you have any more, let it ap-
pear.
Judge Clurlir. You of the Jury have not to
enquire whether he he guihy of the Felony, hut
ivhether he he the Author of the Book ; for it
IS already srt doviu hy the Judgment of all the
Judj:e* in the land, that whosoever was Author
of that Book, %vas guilty hy the statute of fe-
lony, and this is declared abo\c half ii year
agone.
V, Though it he so determined already, yet
I priy your lordships give me leave to shew
that whio'.i I ha\e to s:»y, and I wi'the very
brief; audit Is to prove*, that tliough I were
found to he the amh ir, vet it cannot he wiihin
tlie compass of that Statute, Anno 23 Elii. tap.
2. whert upon the Indictment is framed.
JkJiif. You stiall be heard to say ibr vour-
self wimt yon can, thrref<»rc sav on.
U. Tbonuh 1 be not hy profession a f^awyer,
yet I think I can shew it clearly hy the»e ri-a-
tons following : 1. The intent of the law-
makers (which always is to be regarded in these
easeft) is to l>c corsidered, which aftpeareth in
the Piefaceofihc Statute in these words, * To
frustrate tlic iM:dicc of those that be evil af-
fected to her highness.* Now I pray you con-
sider this how can it In* ? Or liow is it f)0«<sihlc
that a V^rrachcr, of rljf same rcli;Vifjn whicli her
majesty prof'esscth and maintaineth, who is
known rimtinua)ly*to pray unto God f*^ ber
highness*"! prtM|)erity and bappinuss, both of
iK)nl and bcidv ; how is it fiossible, 1 say, that
mch a one siniuld he maliciously aftectcd to-
^ftrds her ? Therefore it is evident tlmt the
Statute was made against the Papists, wliou«e
to <Iander her highness with ihe terms of He*
retir, 6cc. and no way against us; fur I dure
boldly say of myself, and in tlic name of all mj
Brethren, Cursed is he of God, and he de»
servfth doubtless to be hated of men, that doth
ininL'ine the least hort against her hii;hnc«s. %
Tlie Mutter that maketh a man a Felon by that
Statute, must proceed from a nudicious intent
agaii:st her highnes**, which I or any such as I
can no way jusily be cbar^d with ; pnnly for
that whicli is .said before, and par'tly for tint
my coui-se of teaching and liiing in this
country these nine years (snving tliis last year,
wherein 1 have been absent) is known to nave
tended to no other end, than the profoking
and persuading of the fieople to like of and
yield obedience unto her majesty, and the reli-
gion leccived in her dominions : for llie pnK>t'
whereof, I refer myself to the (H)nsciencesof
all men in ti:e country that have known nie.
And further, i:» it likely, that I who ha%'e bcea
trained up in the Universities under her ma-
jesty's prutkCtion, and have abiays bended lar
stu(}ics to the advancement of the sinceritjot*
the (Jospd ; so that tho«e small cramb» of
learning which I have gathered, I do acknow-
ledge to have received by her majesty's means:
these thintis considered, how can it be tUt I
shouM Ih; evil-affected towards lier kighoftf,
whom I protest I unfeignedSy reverence r And
tlierefore the worst that the Author cao be
charged withal, is his overheat and too mucb
vehemcticy, by reason of his zeal again^ tU
abuses, and not any malice against lier majesty,
or the meane>t of her subjects. Again, ilie
matter, to bring it within the compass of tbe
statute, most he false : but this Book is writ tea
in the behalf of a most true cause. Lastly, Tne
Knd of it must be either to the Defamation <it
the queen's majesty, or stirring up of Insnr-
rectiou. Sedition or Rebellion : for the fonwr,
I tru«>t that the whole course of our behaviDir,
both in our ministry and conversation, dfclar-
eih itself to be so f«tr from seeking lo dclamt
her highne*s, as it tendeth, to the uttermost o(
r)ijr powers, to the advancement of her hnr^nir.
For I am persuaded that there Vi none of t»
that woidd re*fttse to undergo any pain, whereby
her majesty might any way be the belter bo-
n'>ured ; yea, we would not refuse, if need so
rr rpiired, to lay down our lives for redeetnin?
oft:»eh'i»st akingofher majesty's little fin^i
^iMve'A'ith site might he grieved. Now for tbe
s( nmd end, which is the moving or stirriiie ^
of Reh< -lion, ^:c. I pray your lord>lup!i, and
TOO of the Jnry to considt-r this: There ba»t
been, since the fittt tlay of her majc sty's ni^
loanu-d men that have desired the adrsnif-
meiit of this Cause, and many of the people
tii:it nrtccted it, and yet liath it ncvemppeaird,
\.\\\\i by occaHon hereof, tlwre haih in all this
tiaie l»een any in any place that have raised
any InsiirreHTtion or Sedition : yea this Book,
which is now in fpiesrion, hath been citA^
these two years ; yet I trust neidier yoar !•«*•
ships, DOT uuy here pieteiit cmi shew thiiavf
STATE TRIALS, 32Elu. ISOO.^for Felony.
1285]
people ill any corner of the land, nay it cannot
be justly pruvt'd that any oii« person iiuth taken
any occasion hereby to entcrpriic any such
mutter: and thcrefurc tiieinakinir of thi& liouk
cunnut he Tclouy. Decides nil tliis, ii' t\H.re
[1286
land a Papist, an Anabaptist, of the Fanuly of
I^vc, and what nut ? Yea, you sHy, 1 cuuid
hve 8<» in a Bibiiop's hounc, it may he tl>ese
twenty year<), and ne^cr lie much nioh^bted I'or
it. What lb tliiai hut a phiiu >l(ti)dcring uf the
had been any such thing nieuut by the Author, I Slate ? And murk tlic words, ior you say, yuu
or received by the^peojjje, as tiie Indictment could live m> in Ku^land : And doth her uiu^
chargeth nic withal, (wiiich is the delaniation
of hcT ))i^-hness*b government) yet, at I take it^
it should not be Felony by that Statute ; tor
t\ui witole course of it decUreih, that it is only
meant ot them that defauic her highiicsh s per-
•on, and not lier govcrninont, as it Is nninifest
by the la»t pro\ihu ; >vherein it is shewed, that
ttie whiile htatute duih determine and end
uiih her niiijebty^ life. And we may not tliink are mentitmed in that liook, for there are yptily
tlieir wimIuuiS tliat made the law to be so unad- | law^ made tor the punishing of them, if they
jo'ty'd laws allow* uH papists? This inukcih evi.
I dcnily against you, uud it is so plum that you
cannot deny it.
l\ My lord<iy if it mi^ht please you to hear
me n word or two, I will shew the meaning of
the Author of the Book ; 1 beseech you to
laear me, and [ %viil be very brief; 1 know tiie
laws of Kn^liind do not allow of any such as
viaed, as to make a law for the preber\'aiiun ol
the priiice*s (government, which i» continual, to
last no longer than the life of one prince, which
were put in e\ecuiion. But this I take to be
the Author's mranin*: : That it is not spoken in
respect of her maj( sly*s Gmeinment and Laws,
is teinpiir«iry : tlicrefoie it stcuieih that the but in respect of ilie Bisiiops, wlumi your
statute hath no furtiier re;;ard than this that I l(n\i>hips know to be wholly employed in iind-
her hi^lnieSs's |>en»oiimii^hL bepre!«erved in that. I inz us out, uikI punibhinir of U5, not regarding
honour and dignity, which becometh her royal j (in a manner) the punishing any sin else.
diienit) and estate. And i do bocccii your lord* i Jut/i^c, Wiiut, Sirrah, wdl you not confei«
ships to aiibwer me, lor I appeal lo your con»ci- ! any fiiult to be m the Bouk ? You seek to ex.*
encfcs, as you wdl answer to Goil tor my life ; ! cure all.
and 1 pray you tell llu; Jury, whether you do
think ilie intent uf the »taiuie were in any sort
meant ugaiuat us, and not rather against the
PupistA.
Judge Puck, You do not well to charf^e us
so with our conscienfes, which God only is to
know. I uubwtr vou, the intent oi the btu-
tote is a|[amst all, for so the word» arc.
( . My lords, l do acknowledge that there
was never any work oi' m.in so pcrlect, but
there Im^e bce:i imperfections in the same:
and therefore tltere may be some fault in the
manner, but sun Iv none in tl«e matter : for t lie
Bibliupfi ihemschi's will con less that ihey may
fail in their actions, and be partial (us they are
j men) in tiie manner of handling any thing. So
L^ The s\ords, my lord, I coniebs are so; | ulso the Authi>rof chi*> Book bemg assured that
bnt is the principal iutcnt so f
Judge, Yea, it is s.i.
Judge Clarke, We have he}u*d vou s}»eak
for yourself to this Point at large, wiiir.h U no-
thing to escuse you ; tor you cannot excuse
jouibclf tu have done it with a malicious
intent against the Bibhops, and that exercising
their (;overnnient which the queen bath np-
the imittcr i& without reproof, may err m the
manner, in being over'/.ealoiis in the handling
of it; and this fault I will easily confess to bo
in the Book, my h>rd : but 1 am Hure the
Author never had any luaiicious iutent against
her hij^lmess, or any of hrr subjects.
Jutii^e Clarke, This Book hath made vera
to come within the compass of the Statute
pointed them, and so it is by conserjuence j though your Intent were not so : for I nm sure
against the queen.
U. My lords, I am persuaded tliat the Au-
Uiere was Mr. St(d)h», wdl knov\n to divers
here to be a good subject and an honest man ;
thor did it not of any Malice nj;aiast them; ^yet Liking upon him to write a Book againNt
and for mybclf, I proUbt 1 wi^h them as much | her majc.'<ty touching Montiseirf he tlH.*rc;by
good as i do to iny own soul, and vmII pray to j came within the compass kA' Liw, which lie in-
God to gi%'e tliem repentance. But the cuubc ; tended not in making of the Book; and I am
why the Author did ^o earnestly invt ii:h against perauudid, that he did it of a eood aifeetiou to-
them was this, as ii brcmeth, becajise ht; prr- wardu her majesty; and yet if thi> law had
ceived iheiu not only f > execute an autliority been made then, which was made ^ince, hu
which he laketh to bi* uidawfid bv the Wonl h;ul died for it: So vou, tho(it;h vou iiitendctl
of Gody but also for that they do not tlie tenth | not to ctmie within iho conipab?* of the Suitnte,
part uf that Kood (even in those corrupt ciUings) j yet the law reacheth to }om- fact, as that did ta
which l^y law they m in lit do ; and 1 nm per- ' his.
suaded that your lordships know in y.»ur own I U, My lords, lus Case and niiuc is not
consciences that they do not the tenth part of alike, fur his liook concei tied her hiuhnrsys
that they are bound to ^Ki, person ; but the Author of ihjo Bi>ok toucheth
Judge Clarke, That is true, tlie>y do not the only the Corruptu)ns of the rushopK, and thero-
|rood that they might do ; but yet that 4 loth not fore not the l'erM>n of lier majesty.
eicuse you : fur it is plain in your Book, that JudfC, But 1 will pru\e ihit Book to lie
you writ not against tiKUi only, bnt you writ against lier majesty 'b pcrbnn; for her majesty
against the State; for i»itnot ugainst the State, being tlie supreme governor of all persons and
when you say, That it is easier to live in £ng- causes in kbese hu' dowioium^ hath
STATE TRIALS, 32 Eliz. 1590.— Trial of John Vdall,
1287]
thisiciud of government in the hands of the
Bishops, \\ hich tliou und thy fellows %o strive
against ; and they heing set in authority for
the exercising of this goi-^rninent by her ni;i-
jcsty, thuu dost not strive nvuinst tliem, but
her inajt'sry*8 person, seeing they cannot alter
tlie government which the queen luilh laid upon
then.
U. IMy lords, we are not ignorant of this,
that her nuijesty hath a care that all (hin>;s
might be well; and in that respect hath given
them often in charge, (upon the coii>ideratii)ns
^f these controversies) to see to it that nothing
be amiss ; and because she had a good opuiii^i
of them for their gravity and learning, she
believeth rhcip when they say all is well and in
gojjd case: whereas, if ihcy ha<l the grace to'
iook into tiiesc things^ and to make them known
as they be, indeed her majesty and the state,
I doubt not, wouUi quickly redress them ; and
therefore was it tnat tlie authir did so charge
them.
'Jhen the Judge proccedingfarther in the
Book to prove him to have otfended : he took
occasion by the same to speak againtit railin^
again:st magistrates; and speaking to Mr. Udall,
Le said, inelVect, tlius:
Judge Clarke, Sirrah, you that should have
been a Teacher of her niajrsty*s people, you
should have tau<rlit vourselt not to have railed
upon the ilulers ot the people ; for do you not
know what is written in the 2Srd of Exodus,
* Thou dhait not rail upon the liulrr of the
People, for whosoever dolh so shall die the
death.' And do you nDt know what is written
in the t?3d of Acts, where the Apohtle Paul
being before the Pligh-Priesr, called him a
* Painted Wall :' and being smitten by one of
the Iligh-Pricst*s servnuis, it was said unto him,
' revile^t thou the Lord's lligh-lViest V To
which Paul answered, * I knew no% brethren,
that he w.is the llii;h Priest.* Lo ! thus did he
ncknowledue his fault: Do you know these
things, Sirrah ?
('. My lord, you know thai we hold it not
lawful for a Minister to be a Civil Magistrate,
und there are at lesut T'OO in this land, amongst
whom I am the mo^t nnwortiiy, that are of the
same jnrigiiK'nt in t!li.^ point.
Judaic, ii\xl lu)W if the Queen doth give it
them ?
U. Tlu.»y ought not to take it. And, my
lord"(if it please yu), I will nnswer to your
Proofs, though I came not hither to dispute.
But in my answeinig, my purpose is not to give
any liberty to any miui to rad upon any that
are in authority. Now to your Proofs ; I gay,
my lord!«, that the place out «»r TAod. '^^3, doth
rather concern your lordships, an.i .«'Ucli as are
under her majesty for Judgeb, thin my way to
cimcern the B.shups.: And touching the second
place out of Act« 2J, where the Ap<)>tlc snirh,
' Brethren 1 wist not that it was the High-
Priest:* the meuiring of that place is, as if he
slioidd say, I thought tlicre had not l>€rn any
lligli-I'riwt now, iteeing Christ being come, tlie
Iii({h Prksthood was to cease: to ibat tbe
[12?-i
Apostle dotb not ackaowledge any fault in iliat
his Speech, fur tliere was no lawful liiid>-Piie>t
of that time: neither did he acknowledge anr,
seeini; they did end in Christ. And thus da
the best divines expound tiic place.
Then, after some further Speeches of this
Exposition, the Judge returned to the matter
of the Book attain, saviuir. That the Book did
concern the State, and b^id:
Judfie, But, Sirrah, thou canst not so ex-
cuse thyself, as tliough it toucheti not tlte
Queen and the Slate ; for is it not written in
thy iiook, that this saying will not serve tiieir
turns, The Queen and Council will have it »o?
whereby it is plain, that thou didst speak ag.'iio&t
the queen and the state.
£/. My Lord, the Author only meanethtbii,
That when we are culled before the Bishop*,
they were often driven to use this ai^uinent
(when they had nothing el^e to lay for tlieai-
selves), that they could \ye content uiauy thinpi
%vere amended; but it must be so, fur tk
Queen and Council mill bave it so : And surdy
herein mcthinks they slander her highn&s;
and we tell them, that however they bear it
out here before n)en, yet before Goii lliat es*
cuse will not serve their turn.
Jud»e, Thou canst not carry it away so :
dost not thou plaiidy say, That they are ooi
safe, though they have human authority on
their side; but he that is on our side is mightier
than they? Whereby thou both abasest ber
majesty, and also dost threaten rliem with soiue
force and violence.
V. It is true, that whosoever doth unjustly
is not safe in it, though all the princes in tiw
world should defend him in it; and thatistt-e
meaning of the Author: I>ut to say, tliat foice
and violence is threatened then), is fartbt-ii
doubtless from this meaning; for it is ki:oAu
to all the world, that we desire, by all ^^^^
means, to commend this holv cause of Krf'T-
maiion to her majesty and the state, and iio
not look for neither, tn:it ever it should by a::y
force preiail, but that it would please Gtid in
honour her highness with the advancement oi
the same.
Judge. No, no, these are but exn:«e?;
tlieie midicions ^peeche<) proceeded frum tiivt,
and were the groun<l-work of all lI.c^e IjImI*
that have been dispersed since, and thou «xt
known to be the riiiJ-itader of thi;* faciiuu.
(^. 'ihere is no reason to cliarue me *iti>
other men's doin<;s, every man must answer ^»^
himself; but as tor me (alH.>%!), I am no bHii):
there nre ii\e hundred Ministers in this iamlot
my judgment in these things, the meai»e«t ti
which i acknowledge to be far better icjincJ
than. I am. But by the way, my birds, I pi'«J
your lordships gi\e me leave to s;iy one liiin^i
which I being about to speak of beibre, nasi^
tiMTupted; and therefore .<ieeing ni»w it c«>nitrh
into my memory^ I pcay you to hear mf,ilK}U2>i^
it be out of time, concerning the felony wbcrrvt
I nm ncrnsed ; it maketli greatty for me.
Judge, What is it? Let uk bear h bat voa
can say.
1280]
STATE TRIALS, 32Euz. 1590.—/ar Felony.
[1290
U, When I was before the Ibrds of her
innjesty*s Council at ihe lime of my commit-
ment, among*>t other things tliat I aliedged
against the taking of nn Omh to accuse myself,
I said, that the thing was accounted criminal,
and tlicrefore hy law I was uot to answer : My
lord Anderson said, that I said true, if the case
had concerned either the loss of life or limb ;
whereby it is manilest^ that then my case was
not esteemed felony.
Judfc. Though the Judges had not then
concluded it, ytt it was law before, or else it
could not so be determined after ; the violent
course of others since, hath caused your case
to1)e more narrowly sifted.
Then the Judge (having spoken to the like
clVect also) said to the Jury, Th^u they should
not need to trouble themselves to hnd him
Ouilty of the Felony, but only it was sufficient
if they found him Guilty to be the Author of
tlie »ook : for, quoth he, it is already deter-
mined by all the Judges of the Land, that the
Author of that Book was in the compass of the
statute of Felony ; and this, quoth he, was con-
cluded before we came hither: Therefore you
being ignorant of the law, and we being sworn,
IIS well iis you are, you arc to hear us, and to
take our exposition of th? law. And after
many other speeches, the Judges safd, Go thy
way,' we will hear thee no longer, get thee
hence ; and shaking his hand, he called for the
«jthcr Felons to hear their Causes.
Then the Jury said. What can we find?
Jiulfi€. Find him Author of the Book, and
leave tlie Felony to us.
And after some other Speeches, Mr. Fuller
said to the Jury, You are to find him Author
of tiie Uor>k, and also guilty of a malicious In-
tent in innking. ir.
Whereat Mr. Duulton said. What have you
to do with thi* mutter, Mr. Fuller, to speak to
tlie Jury ?
Then tl'.crc being some noise at the Bar,
ftlr. Udall could not any more be heanl : Yet
as he was ready to depart, he said to the Jury,
You of the Jury, consider this, that you have
not to consult ahout the J^ife of a Seminary and
Popish Priest, but of a Mini::tcr of the Gospel.
Then Judge Clarke shewed the Heasons to the
Jury, why they must find him Guilty ; saying,
. The £\i(iences are manifest for the hrst Foint,
that he is the Author of the Book : and the se-
cond is a i^oint in Law agreed upon by all the
Judges, as T have said.
S«j the Jury, after they had heard ihe Evi-
dences of the other Felons at the Bar, departed
to Cinsult about them ; in which time of their
conaultation, there came two several messui(es,
■ e&horting him to submit himself, and to yieltl
UQto the Judges l>efore the Jury had given up
their X'crdict.
Unto whom Mr. Udall replied, willing them
not to trouble him with any such matter; for
he was clear in his conscience, and therefore
he was not to accuse himself. In which time
also the Jury divers times sent and received
mcMagcs from the Judges; and at last; the
Foreman of the Jury went himself unto ihem.
Thus having debated of the Evidences of the
rest of the Felons with Mr. Udall, at't- r the
Judges had dined, the Jury brought in their
Verdict that he was Guilty of Felony.
After that baron Clarke had fiiiislietl all
other matters of law, and that the Juries had
given ih^ir Verdicts on the Feluns, finding
some Guilty, and some Not (iuilty, the Judge
commanded all the Prisoners to stand forth
and to answer to their names : w ho did so.
And first, Mr. Udall %vas called, who stood
forth at the bar; but the Judge commanded
him for that time to stand aside, saying, That
he would deal with him anon. Then some of
the Prisoners which were saved by their Books,
were burnt in their hands ; and for that night
there was nothing more done. Then the
Judge commanding the jailor tu bring the Pri-
soners betimes in the morning, commanded
them to depart: and so for that time every
man departed to his place.
The next morning, being the 25lh of July,
about four of the clock, the Prisoners were
brought to the bar, who stayed till tlie coming
of the Judges : who came titither by six of the
clock, or thereabouts, and called the Prisoners
by their names to receive Sentence of Death:
and first, they began w ith Mr. Udall ; who, af-
ter he was called, was commanded to stand
aside till anon. And then were seien Felons
that received Stnieuce of Death; who being
taken aside, Mr. Udall was called the second
time ; and the Clerk of the Assizes said, * John
Udall, liold up thy hand, what canst tliou al-
ledi^e for thyself, why thou shouldst not receive
Judgment to die?'
Udall. My Lords, notwithstanding my ear-
nest pleading and protesting of mine innocency
yesterday, which I could and would have done
more clearly, but that I was so much inter-
rupted; yet it bath pleased the Jury, upon
their consciences, to find me Guilty of thtit,
wliich, I thank (lod, never entered into my
heart : now therefore nmst 1 plead another
Plea, and therefore T crave of your lordships to
grant me the benefit of the Pardon granted the
last parliament.
Judge. I think you can have no benefit by
it, for 1 am deceived if it be not excepted.
Then said he to the Clerk, or some other, Ueach
me the Statute-Book : and whilst he looked in
the s;une
Mr. Udall Ki'idj I pray your 1ordi»hips consi-
der the ground oti my Plea, albeit indeed it
seems to be excepted : your hirdsliins confessed
yesterday, and 1 shewed it by my lord Ander-
son's Speeches to me, that it was not thought
Felony till of late : and therefore the things
that be excepted, be such as be inquirablc aud
pnnisliable in the K<:clesiastiral Courts.
Judge, Tlmt is nothing ; for if tlie lesser be
excepted, much ratlier is the greater.
V. My lords, I refer it to your consciences
and favourable consideratiouH : the words are
these io the Pardon, which he repeated : and
STATE TRIALS, 32 Eliz. IjOO.-^TrialqfJofm Udali,
V201]
they fiiuling it to be ns he bad siiid, the Judge
taid. Here is no heJp lor j^ou. And afler uOivv
Speeches between them of the meaning ufthe
words of the Pardon, tlie Judge said, Mr. Udall,
vour counsel hkth deceived you.
Vda'L My lords, I liave not received any
coun<>el herein, for I have been close prisoner
tiiis half year, and tiicrcfore could not attain to
have any counsel : but tlius nmch have I ga-
thered, which is niy Judgment, out of the Book.
Jndge, What can you alle<i^e more for
yourself? for this hclpeth you not.
U. Nothing but mine own innocency, but
that your lordships may proceed.
Judge, What say you ? Are you contented
to submit jrourseU to the Queen.
V. Vea, or else 1 were not worthy to live
in her highneu's duminiou^.
Judge, But will you acknowledge yourself
to have offended her majosty in making this
Book ? She is gracious and full of mercy ; it
mny be, that wc, reporting your Submi>iiion
unto her majesty, may procure her Pardon for
yon.
U. May it please your lordships to hear me;
Tlie cause for which 1 atu called in question, [
rannnt forsake in any «:ort, for 1 hold it to be
the undoubted Truihof (rud ; hut, &c. And
then lie was in!ci-ru(ited by Ju>ige Puckering,
who snid.
Judge. Xay, stay there, you cannot go away
1%'iih that ^peech unanswered, to bn^ wuo the
.people's cars such a conceit, that it is an un-
doubted Truth that you hold ; for I liold it to
be an undoubtcil fidshood. And then Ik; pro-
ceeded further in a lar^c set speech, the eiTcct
'whereof was, I'hat this hmd having broii go-
verned by sundry nation*, hath yet kept her
anticnt laws, which (he athnned; wnuld be over-
thrown, if this got'ernment that these men seek
for, should be estahU$>hed : and then he further
shewed. What inconvenieni ies (us he thought)
would come by the same, \ iz. That we havin;;
Laws and Judges appointed to decide all Con-
troverties, tliiii presbviery which these men seek
for, would overthrow ail, and bring to iheir
censure and government ail men's cause's, or
else they would excommunicate them fmni tliiir
chiirches: yea, und they arc so hot fur this
government, tliat tluy will not stny {in the
magistrate ; and if the niRgistrate will nor,
they will reform themselves : and one of
them writing in a letter to a friend of hi^, siiih.
Let us number our hot brethren, that we may
know who will stand to it, fjr it is high time.
So that it is plain, tluit it' they cannot have it
with her majesty's consent, they will have it,
though it m:ike our hearts to ake, as you say in
your book. And whoreas her mnjesty haih re-
venue belonging to her crown out of the church
livings and cathedral churches these men would
hate her majesty give unto thpfii those reve-
unes, fur tl>e maintenance of their presbytery,
and the*y would allow her a stipend at their dis-
cretions; so that ih(>y would bring the qacen
and the crown under their girdles. — And some
of^licseroen hare gone so fir, that thcj soy
[1292
I
plainly we have no Church, no Sacnuneot, no
Ministers, nur any Worslu^of God amtiugbt lu.
If tiiesc things be not looked unto in time, what
confusion shall we have in this laud shonlv?
Many other thing** he spake against the cause
of reformation, wijich 1 cannot particularly Isy
down ; but tiiis is in eflect the substance >if it :
concluding, he said. Thus much, Mr. Udall,
have your bpeeches enforced lue to speuk, lat
the people here present (being deceived) sliooid
be carried away by it. To which Mr. Udall
answered briL-Hy :
U. My lords, it is bootless for me to enter
diypuiation with you in this place touchiufi this
matter; only this 1 could wish you, to leave it
to be Hist decided by the learned divines, to
whose calhiig it belongeth. And although sotut
weak men wanting judgment have been lieadiljf
carried in Seeking the furtherance of llii:i caue,
and so for want of this government have rua
into some errors : yet it is no reason to char^
us with them ; for your lordships know, that %t
have been the men tliat have taken the greste»t
paius to reclaim them to the joining of tlicm-
sehes with the church, from which they fasve
separated themselves.
Jtjuii;e Clarke. You are deceived ; it is not
a matter of Divinity only, but it is a matter
of State, mid within tlie comptus of our proles-
sion ; nnd it is not so greatly in controversT| is
you would have us to believe it is.
LI. It is diversly debated (my lords), and tic
greatest number of learned men in Chrisiea-
dom do maiot:iiu the same.
Judge. 11 )w do you kiiow that? Haveym
been beyond tlio seas to know the greatest pum-
ber of learned men to lie of this judgment?
V. Your lordsiiips know, that all the cbuicba
of France, tlic Low Countries, and of Scutisni,
do maintain the same, besides many hundred ot
learned men in this laud.
jHd*;c. Have you been in all these cbordicr,
that you can tell so much ?
L^ I know it to be true (my lords), for dier
practice doili shew iheni to be of this judgnieDt.
Jiid^e. Well, if vou can aUediie no mure,
neither \wll submit yourself to the qaceo^
mercy, then hear your Judgment.
{]. My lords, I was beginning to speak, bti
you interrupted me ; I pray y«>n hear me vkac
I will say, and then do a^ God ^liall move jou.
Judge, ijLt us hear what you will say.
V. As I said before, so I say now, rhelifTe
the Cnnsc to be the undoubted Truth of Gud;
and therefore in tlic matter, I cannot by any
means yield : yet seeing, by your order of Is*,
I am found to be guilty, neither can 1 (tbrtbe
reverence I bear to her majesty's laws) take sdt
Exceptions agninst you nor the Jury ; but that
which you have done, I acknowledge to be doM
in all equity and right. Seeing, I sny, you have
found me to be guilty, whereby 1 canaot li^c
without her majesty's graiious and special fi-
voiuTy I acknowledge, that m batsoc^er I have
done to the advaneeraent of the Cause, I id>*
oflfcnd in Uie inanntsr ; in ^kidi vcipect (if I
lmv« oifended) seeing it bath pleased your Joi^
1293]
STATE TRIALS, 52Eliz. 1 590.— /or F«f/owy.
fl204
ships and the Jurj* to find me guilty, I do wil- ('it in by his own hand, by judgment, if by
lingly submit royseir^ and heartily crave her ma- \ mercy he Ciinnot prevail.
jesty's Pardon. Judge. No, no ; your meaning was, that it
Judge, But are you sorry that you have should be brought in by force and violence,
offended the queen's mnjesty ? ! U, God forbid ! Far l>e it from us to con-
U. I am sorry that the course of the law j ccive any sucU imagination. The Author of
bath fgund me to h:ive ottVndcd. j that Book doih piaii.ly sheiv^ that he meant no
Jud^^e. So is every tliief that is condemned I such thing ; and ihe words following, in the
sorry, ihat his otVcnce is found nut, but MOt for end of the Episih", do declare the same; for
the fact. This is a plain fallacy.
Judge, My lord, indeed if it were so as
your lordship doth understand it, it uere a
plain fallacy : but 1 say farther, if in the man-
ner of handhog so good a Cau<>e, there be
found in me any uHence again«>t her majesty's
there he al cweth by whom it is to be brought
in, namely, by her niajesty and her honourable
courscllorh, that they may sec it, and establish
the same.
Judge, Nay, the meaning is. That if the
Queen will not, ydt you say, it shall come in ;
laws, I acknowledge, that in die n)anner of for so the words are, ' That it must prevail,
handling it, her majesty may be justly oflTend- manure the Heads of all that stand against it.*
ed, for which I am sorry. And 1 protest chat
I have never gone about to advimce it by any
other means, than by manifesting it to all men,
and tendering it to them in authority ; and
that by such means as might not be contrary
to the \%kvrs of this land, that so it might be re-
ceived by her majesty and the state : and this
is the care of us all, howsoever ue be chtirgcd
with factions.
Judge, You say, If there be found any Of-
fence ; whereby yon call in question the equity
of dealing in this court against you.
U, My lords, I do not, neither will I ; let
it be looked into by you and the rest whom it
concerneth, I hope you would not deal other-
wise than lawfully against me.
Judge Puck. You say, you seek no unlnw-
Ail means : What can be meant but unlawful
ineans in the words of yonr Book ? ' If it con-e
in by that means that will make all yonr hearts
to nke, blame yourselves.' Wliat good means
can be meant by these words ?
U, My lord^, yi'sterdiiy I shewed you what
I took to be the meaning of the Author in
some places of the Book allcd.»ed against me
in tlie indictment; and then. I would have
spoken unto all, but you cut me off: I pray
you therefore let me shew you the meaning of
the Anthor in those words now.
Jud'fje. .Let us hear you how you expound it.
U. My lords, your lonl^hips must under-
stand, that the Author takcth it for granted, r^ho he is
that the Cause is God's, and mn^t prevail
and therefore, seeing God hath used all the
means of his mf rcy to bring it in, in giving us a
gracious prince, long peace, and abundnnce,
and of stirring up some to exhibit supplications
to the parhameni ; the<;e things not prevailing
in his mercy, he will bring it in by some judg-
ment, as plague or famine, or some sucl)>Ukc
punishment : and this is always the manner of
Ood*s dealing.
Judge. You cannot expound it so; for the
words impoit another thing.
U. My lord, the Author himself ex poundeth
it so in the words following; where he saith,
*. That it must prevail, for suoh a judgment wiW
* overtake this land, as shall make the ears of
■* all that hear thereof to tingle:* So -that he
U. Nay, my lords, the words are, * Maugre
the Malice ot all that stand again^^t it.' For
there are many Heads that are not maliciously
bent against it : there* is great difference he-
tween Mahce qnd'lleads; for some arc against
tlie Cause through ignorance.
Judge. It is all one in effect.
U. Nay, my lords, there is great difference.
Judge Puck. Well, Mr. Udall, you were
best to submit yourself to the queen's meccy,
and leave these courses ; for I tell you, that
your Book is most seditious and slanderous
against her majesty and the State; and yet f
assure you, that your Book had been passed
over, if there had not come forth presently
after it such a number of slanderous Libels, as
* Martin Mar-Prclatc,' * Martin's Epitome,'
' Martin Jun.' or * Theses Martiniante,' * Mar-
tin Sen.' ond other sucli-like ; of which your
Book was judged to be the ring-leader.
U, My ionis, tho«e that are learned, and
do maintain this C:m<)e, do juHgc this book to
be written very indifferenily, howsoever it bci
hardly construed. But for * Martin,* and the
rest of thoso Hooks ihni yon htH'e named, they
were never appmved by the Godly learned :
and I am fully persuaded, that those Books
were not done by any Minibter ; and I think
there i^ never a minister in this land, tliat doth
kno\v who * Martin' is. And 1 for my part,
have bfcn inqiii^i'jve, but 1 could never learn
'OMAneth nothing but this, TIihC Gxid will bring 1 pat'itnce and lo^ts..
Judge Clarke, You will not acknowledge
yourself faulty in any thing, and therefore it is
in vain to stand any longer with you.
V, I will easily confcs«, that in manner the
Autiior hath offended : for no man can handle
a cause so well, but there will fault appear in
it, as appcareth by Job, who having a good
cause, handled it weakly : it i^ easier to handle
an ill cause cunningly, than a good one well.
Ji/dge, Nay, but you have maliciously of-
fende^l in publishing this Book, which tendeth
to the overthrowing of the otate, and the
movin-: of liebellion.
U. My lords, that be far from me ; for we
teach that, reforming things amiss, if the prince
will not consent, the wea^iiu* UvaX. smS>^^oa ^x^
to ftg\\t w\iW\, w^ Te^^'CVX^'Wit "«cv^ >^\v^^^^^
129.5]
STATE TRIALS, 32 Eliz. 150O.-^Trial<fJohn Vd<dh
[\m
Jud'je. Yea, vou had done well if vou had
Used these ^vL'apons, rather than lo have made
this book.
V, God forbid but that we should give unto
her majcbtY that honour which justly is due
u1ilo her ! For we have not taught the people
to reform the htale without the prince, and our
practice hattt proved the same ; for we never
taught any of her subjects to go before her, but
to leave that honour as belongcth to her ma-
jesty.
Judge, ^\cll, will you submit your^clf or
not? for else I must proceed to judgment, and
I have no authority to favour you, neither will
I stay sentence of death according to my office:
yvJiat my brother hath I know not, 'and there-
fore shortly submit yourself, or else I am to
jm»nounce sentence of death.
U, And I am ready to receive it: for I
protest before (Jod (not knowing that I am to
Jive an hour) that the cause is good, and I am
contented to receive sentence, so that I may
leave it to posterity how I have sutTered for the-
cau<>e. But, my Jord«i, the Cause excepted, I
HJIl >ubmit myself in any thing.
Ju'Jtie. Let the Cuuse alone, and tell us no
more of it, but acknowledge yourself to have
ofl'ended the (pieenV majesty.
ZL I may not in any case yield in the
Cause; 1 have ahnobt ever since 1 was a
Preacher of the Gospel professed it, and there-
fore I caimot be at this time changed.
Judge. Let (I say) the Cause alone, say
\vhat you will do.
U. I must needs profess it and mention it,
lest it should be thought that I have started
from it ; but for any thing that I have done
in the manner against law, I am heartily sorry
for it : more thin this I cannot sav, do with
me what you will.
Jud^e, But arc you sorry for oHcnding lier
majesty and her laws, and be you contented to
amend, and to live in obedience as becometh
a good subject ?
U. . I am content to seek the advancement
of this cause by no other means, thnn that
which may stand with the laws of this land, and
tlie duty of a g-<od subject.
Jnd^e. I come not here to intreat you to
submit yourself, but you siiall do it willingly
upon ynur knees, and crave her maj.*s mercy.
U, 'J'hen Mr. ITdall kneeling down, sai<l,
I refuse not any kind of Submission to her ma-
jesty : and I intreat yonr lordships to be a
means to her majesty for me ; and if I %vere
worthy that my p(»or papers mi^ht come unto
her maje^ty, or to her honourable council, I
would write tlius much unto iheni.
Judge. Nay, will you write thus much unto
us, that w(> may fjrot :>ec it. and commend it to
Lcr majtstv? .
I', 1 willingly do it.
Thus they dismissed litin.
And tliis is the Sum of that vihiclt I with the
help of others could remember, having not any
intent to leave out or enlarge any thing further
than the meaning of the s];)cakcrf did intend :
notwithstanding many more things were said
on both sides, especially the set Spcecliesof
both the Judges, and of Mr. Dauiton, ui tl;e
disgrace of the desired Reformation, which
could not well be expressed in particular, aod
therefore I have left them. >\l$o many other
things Mr. Udall proposed and begun to say,
ivhich they stopped, so that they could not be
perceived.
I'he Assizes being thos ended, Mr. Udall
was returned to the Prison of the White-liun
again, where he continued till the Sessions lo
Southwark, begiiming the 18th Feb. 1590;
during which time he wrote a Supplication or
Submission to the queen's majesty as foUowetti :
Mr, UdulCi Supplication to her Majesty.
" Most gracious and dread Sovereign, the
present and lamentable estate wherein I stand,
being found guilty by Verdict, to be Author of
a Book entitled, * A Demonstration of Diaci-
pline,' and beiug, without vour gracious Par-
don, to die for the same ; 1 humbly prostrate
myself at your majesty's feet, submitting my-
self in most humble manner as becometh a du-
tiful subject, to such order as it shall please your
highness to appoint, to whom God hath gt^en
so high and sovereign a power, as is able both
to kill and to quicken, to bring to the Gates of
Death, and to cause to return to the Comfort
of Life again : Before whom standing thus con-
vict, I am not to plead my innocency; yeti
most humbly desire it may not offend your c\*
cellent majesty, that I protest (of the inj'h
whereof I call God to witness, who knoneih
all secrets, and will judge both the quick aoJ
the dead) that I had ne^er any tbucgkt cr
imagination to publish, write, or do any tbia;
nudicionsly, or tending to the dishonour or slan-
<ler of your majesty's royal person or priucc'.v
estate, under whose gracious govcminent I
have attained so many benefits and blessiop;
amongst which I most highly e^teem tlie tnie
knowledge and fear of God; in re«;iird where-
of, I have been always ready even to adventure
my life, for the preser\'ation of your mo»t n»yal
person and defence of your princely estacr. and
the same have also taught unto others, as a thin^;
specially commanded by God : notwitliitand-
ing, fearing the severity of justice unto death, I
fly for life unto your majesty's most graciou*
mercy, moat humbly desiring your highBi>%» of
your merciful compassion, for relief of my poor
and miserable estate, to grant me your gracioni
and comfortable pardon, whereby I may be
discharged, both of the otfence and punishowDt,
which the law hath laid upon nic. Other hope
than this have I none, but the tnist I ha^^eia
God, (according to his promiscf^) that your ma-
jesty by a special gift of Gml is gmcious and
merciful, and have vouchsafed to sliew mercy
even unto such as were not only by iraputatioo
of law, but indeed malicious and mortiil ene-
mies to your highness ; and tlierefore I hope
tliat the same g(K>dntss of so princely a nsiw*
may be moveci, and will tliew fiifth itsrif i>
like gmcious compassion on mj-b^«ir« WJick
STATE TRIALS, 52 Elii. 1590.^-^ Fdon^
1297]
gracious Pardoo on my knees I most Iiuuibly
crave TOur excellent majesty to grant unto me,
by which special favour being raised as it were
from the dead, I promise and vow to lead the
rest of my life in all humble and dutiful obe-
[1298
dience unto your majesty ; praying continually
for the preservation of your highnesses precious
life and nappy government, to the honour of Al*
mighty God, and the comfort of all obedient
and dutiful subjects.
Further Proceedings against Mr. Udall, at the Assizes in Southwark : 23 Elizabeth,
February 18, 19,20, a. d, 1590.
BsiNO called the first day of tlie Assizes in
the aliernooo, serjeant Puckering said : 'We
do not mean now to deal with you, only I must
put you in mind that you have made a Peti-
tion, wherein you promise to submit yourself
to such order as her maje&ty shall at)pnint;
consider of it, and look that you do it, fur I can
tell you, it is looked for at your hands.
UdaiL I know not, my lord, what you
mean ; I made a Petition to her majesty, and
will willingly perform any thing promised there-
in.
Fuck. Well, advise well with yourself, and
look tiiat you do it, I tell you aforchand.
U. Unless you mean that, I know not your
meaning.
Justice Fenner dwelling in Surry, sat on the
bengh, and said : Mr. Udall, I must needs say
•omething unto you ; I have heard much good
of you, and that you are learned ; it were pity
jou should do otherwise than well ; I pray you
take heed that those good things which are in
jou be not marred for want of humihty : I tell
you humility is a special virtue in a man of
jour calling;, the want whereof marreth all in
them that want it ; I pray you 9tand not in
your own opinion too much : 1 have heard that
.you have done much good, let not humility be
srantiug, 6ec.
U. My lord, I acknowledge that humility is
a virtue generally required in a man of my call-
iog, without which all other gifts are nothing ;
lor * God resisteth the proud, and giveth wis-
dom to tlie simple :' and I desire that the same
virtue may be found in me. But 1 trust your
oicamng is not thereby to persuade me to deny
the Truth, which I trust the Lord will keep me
Irom, whatsoever befall me.
Fen. I speak to you of good*wil|, I would
■ot have you stiff in your own conceit.
Puck. Remember what I said unto you.
And so I was carried into a Chamber to be
#oaferred with by some of the Bench, &c.
And when that prombe which tlie Judt;e so
mudi spake of came to be examinH, it was
nothing but a Sentence in my Submission to
Jmt highness, the moaning whereof is (as the
woffds going before it, and immediately follow-
ing it| do declare) that I professed myself will-
ing to live or die, according as that power which
God hath spven to her majesty shall appoint.
t^\ having been dealt withal to this efi'ect the
first day of the Assizes (by certain of the
Bench in private) as also the second day by
•ooM of tham to this effect, that I would make
iueh a Sobmiasion as would condemn the book
in quettjoa, and justify tha hierarchy ; and per-
VOL. I.
ceiving that I was not to be heard till the last
day, I intreatcd sir Win. Moore and Mr.
Bowyer to be a mean to the Judges for me ;
that, forasmuch as my ca«e was rare, and I had
(as I was persuaded) sullicient to alled>;e, why
(notwithstanding the verdict against mc) judg-
ment ought to be staged, I mij^ht l>e heard over
night, that so (according to that good counsel
given by them unto me, to advise with myself,
and tu consider what I would do) also they
might have a night to think of what I had to
say, and the next day to do with me as God
should move them.
Hereupon I was fetched forth before the
Judges in private, immediately after dinner;
who using many persuasions to draw me to re-
lent (which being in private, I will not express)
told me that they sent for me, for that they un«
derstood I desired to be heard over-night, which
they woro willing then and there to do. I an-
swered, My lords, my meaning was not to desire
private, but public, liearing, seeing I have no-
thing to say, but such as would prevent myself^
and disappoint my public speech, if I should
utter it in private : yet l>ccause ihey told me
their other affairs would not permit them to
have any time with me till the latter end of
tlie assizes, I was rather willing that I should
be prevented, than they should be constrained
to determine on a sudden upon so weighty a
matter : whereupon I did draw out a paper for
each of them, containing these reasons follow-
ing :
I humbly pray your Lordships to consider,
whether these Reasons ought not in conscience
to move you to stay the Sentence, notwithstand-
ing the verdict against me^ and to be means of
my release.
1. It seemeth that my Case is not esteemed
Felony by the Judges of the land, seeing they
do usually sit in the Hi^h Commission Court,
where the ])rintin;; ond dispersing of tl>e same,
and such like Books, nre usually enquired allcr
as transgressions oi another nature. 2. No
Judgment in law ought to be given in rnse of
Felony, but upon a party firbt found Guilty
thereof by a Verdict of twelve men ; but I am
not so : for j)roof whereof, I pray you it may
be remembered, that your lordship gave the
Jury in issue only for the trial of the fact, whe-
ther I were Autlior of such a Book, and freed
them from enquiring the intent, without which
there is no felony. 3. I huinbty pray you cnll
^to mind by what means the Jury was draivn to
give that Verdict they did, whether they were
left wliolly to their own consciences, or were
wrought unto it partly by promise, assuring it
\0
noo]
STATE TRIALS, 33 Eliz. l50O.-^TtiaIqfJohn Udall
[isoa
should be no fiirilier danger unto me, but tend
to iny guud ; and portly by feur, as appearcth
in tliut it hath been an occasion of great grief
unto some ot' them ever since. And then I
pray you to consider, whether upon such a ver-
dict so drawn from twelve simple men. Chris-
tian judges, in a good conscience, may proceed
to Sentence of Death ? 4. In case the Ver-
dict was never so free, yet your lordships being
loen of wisdom and knowledge, are to consider,
whether the statute whereupon I am indicted,
do agree to ray Case in the truth and meaning
of it, there being nothing in that^ook spoken
of her majesty's person, but in duty and honour;
and wiietuer the drawing of it from her majesty
to the bishops (as being a part of her body
politic) be not a violent depraving and wrest-
ing of the statute ? which if it be, you being
christian Jodges, cannot iu a good conscience
upon such a ground proceed to sentence, con-
trary t9 your own knowledge. 5. But if the
Statute he to be taken so as it is urged, it
ouuht to be considered that without a malicious
O
intent against her majesty's person, the statute
itself uiaketh no act forbidden by it to be felo-
nious ; wherein I appeal Arst to God, and Uien
lo all men that have seen the whole course of
iny life, nnd to your lordships own consciences,
wherein 1 pray y<ni to examine yourselves in
the sight of God, whether either by yourselves,
or the just report of any other, you can find
me guilty of any act in all my life, that savoured
of any malice or malicious intent against her
majesty, or of any other behaviour than stand-
eth with the allegiance and duty of a most duti-
ful and christian subject. Of which malice or
malicious intent against licr majesty, if your
consciences clear me before God, the act
wherewith I am charged being not felony witli-
out such an intent ; I hope you will consider
that you cannot with a good conscience pro-
ceed to judgment. 6. Yet if the statute and
intent were such as it is said, in case of life
the evidences ought to be pregnant, and full
living witnesses (I am sure by the word of God,
nnd 1 trust also by the laws of this land) w ere
to have been produced face to face to chtirge
me. But I have none such against me, neither
any other thing, saving only papers and rt'^jorts
of depositions Uiken by ecclesiastical commis-
sioners and others; which kind o( proof the
judges of the land cast away in case of lands,
and by no means allow to be sutiicient, and
therefore are much le^s to be allowed in a case
of lite : whiclr being so, your lordships ought
to ha%e a conscience, that upon so weak Evi-
dences sentence of death be not pronounced.
7. But if the same tluit hath been i2,iven in for
ON idence iu writiuii, had been testified by men
lining, ^tlUi(iin!JJ out in the presence of the
court, and of me' the accused ; I trU5<c your
lordships will consider that no one of the evi-
dences do directly prove me to be the author
of the book in question ; wliich as it was, hath
little force in it, as uppeareth by this, tliat the
Author of the chiefc*st testimony is so*grieved,
ibat he is usUamed to come wber« he is^nowu.
Wiiereupon, howsoever the jury have not dis-
cerned thereof, yet you being men of skill ainl
understanding, arc Ui luive regard oi it, and not
upon so weak and impertinent proofs, to pro-
ceed to Judgment of Death. 8. If all these
things were such as they ought to be, yet your
lordships are to consider (supposing me to be
the Author of tlie Book in question) that the
said book for the substance of it contained! no-
thing but that which is- Uiught and believed to
be a part of the gospel ot Christ, by «ir the
best refonned churches in Europe; whereii
nothing being diverse from them, 1 cannot be
condemned, without condemning in me aU such
nations and churches as hold the same duo-
trine. In which (if there be no error in them)
the offence commonly being in form, circum-
stance and manner of writing, which some ma
may tliink worthy an admonition, some more
severe worthy correction and lunercement, tbe
sliarpest cannot judge it to deserve more than
some short time of imprisonment. But deatli
for an error of such a kind, in terms and words
not altogether dutifiil of certain bishops, canoot
be but extreme cruelty : Which seeing it ought
to be far from any christian man that hath tbe
bowels of Christ in him, surely christian judget
professing the gospel, fiir a service of the gos-
pel (saving some oversiglit in words and term»)
ought not to proceed against me (who have eo-
deavoured to sliew myself a dutiful sabject aad
faithful minb>ter of the gospel) to give Sentence
of Death. 9. My offence not being aggravated,
but remaining; as it was the last Assizes when
my Submission was accepted, and JudaneBt
thereupon &taid ; I trust your favour will be
the same towards me now also, seeing I am
re;idy to do the like. — If all this prevail not,
yet my Redeemer liveth, to whom 1 comneod
myself, and say as sometimes Jeremy said in 8
cu^sc not umch unlike ; ^ Behold I am in yuur
* hands, do with me w hat seemeth good uot»
' you : but know you this, that if you pot me
* to death, you shall bring innocent blood upon
' Your own heads, and upon the land.' As tbr
blood of Abel, so the blood of Udall will cnrte
God with a loud voice, and the righteous jad£e
of the world will require it at the hands of ill
those that shall be guilty of it.
This is the Sura of that which I delivered ta
the Judges.
The Assizes being almost finished, and the
other prisoners, that were called to the bar to
have Sentence of Death, standing forth to bear
tlie same ; I was at the last called, and de-
manded what I could say for myself why I
should not have Judgment to die. Hereupon
1 humblv craving audience, began to this efieci:
U. itly lonis, I do acknowledge that I have
been hitherto proceeded against by doe count
of law, and that a Verdict was given in afcmiast
me the last Assizes as Guilty of Felony, he
But 1 do not only, as heretofore, protest mine
innocence, but also think chat I have sofficienc
to nlledgc why (notwithstanding tbe Verdict)
Judgment ouent not to ba ftTeo ; whcrtte ^
intreat to be beard*
'I
1301]
STATE TRIALS, 35 Euz. 1500,— far Fdony.
Judge Puck. I pray you stay, you seem in
the bc^nning to speak contraries ; for first yuu
acknowledge the course of law to be due, and
afterwards stand upon it that you are-innocent.
How can a due course of law condemn thiL
innocent ?
U, These things agree well enough, as I will
shew, if it shall please you to gii*e me leave :
it is by due course of law that I have been in-
dicted, arraigned, have had a Jury impau-
aelted upon me, been accused, heard speak for
myself, and testimony produced against me :
but in that the proof by witness was insulH-
cient, and the Jury either in Judgment or
affection misled ; thereupon it hath come lo
sass, that (noiwiciistaudmg the due course of
^y) guiltiness is laid upon a guiltless person.
But I pray you let me proceed to the Reasons
that I have to alledge for myself.
Then I left the first Reason of purpose* seeing
I did t-ather wish that they only should under-
stand it (which they did by my Papers over-
night} than to blaze it to the world ; so that I
did begin to speak according tu the second
Ueason mentioned before: whereupon serjeant
Puckering prayed baron Clarke to speak, see-
ing it did mo:>t concern him. \
. Judge Clarke. I must needs tell you, you
do us and the Seat of Justice great wrung :
indeed I told the Junr, what was the law in the
opinion of all the Judges of the land ; for it
was not my private opinion, as I said also at
that time.
U. It is not material, my lord, in this Qjise,
what the judges think; for though all the
judges in the world thought so, our laws thought
so man a Felon, or capable of sentence as a
Felon, till he be convicted by the Verdict of
twelve men.
Clarke. You are so convicted, as the Record
will testify.
U. I acknowledge the Record against me,
but I appeal to your lordship's conscience,
whether you delivered not unto them speeches
to this effect : ' As for the Felony vou are not
so much to enquire, but only whetlier he made
tlie Book, leaving the Felony to us.'
Clarke. You do me great wrong, I only
told tliem the law.
U. VVell, I leave it to your Iordship*s favour-
able consideration ; you perceive my reason.
Then I spake to the tiiird Reason, where-
upon it was said :
Puck, All that you say tciideth to the dis-
gracing of the court of justice holden against
you heretofore ; the Jury were left to rheir
own consciences, mid did as they saw meet
to do.
V, No, my lords, I speak not any thing to
disgrace the Court of Justice ; for I ac-
knowledge both tliis course, and all others of the
like nature, to he God's holy ordinance, which
I ought to reverence ; neither do I speak to
defame the Jury, but only to give your lord-
ships occasion why you may not proce&d to
Sentence thereupon : for if the Jury did well,
srhy shoiiid it gneve any of them ? li' they did
[1302
ill, your lordships may not proceed to Sentence
thereupon.
Puck. We cannot remember the particular
circumstances that then passed, neither are we
to call in question the Verdict; but it is our
office to give Sentence according to it.
U. I pray your lordshi})s tell me one thing.
Must the Judges always give Sentence ac-
cording to the Verdict, or may there not he
cause to stay it }
Clarke. Yes, there may be cause to stay
the Verdict, such ma^' the case be.
U. And 1 desire, no other, but that my Rea-
sons may be well weighed, whether my case
be such or no.
Then I prayed, ^i^^v so much as they had the
Substance of that in Writing albrehand ivhich
I meant to say, it would please them to give
me leave to say at once what I could, lest my
memory (being so much weakened and dulled
by Imprisonment) should fail me, and so I
leave some material thing unspoken. Then I
spnke according to the fourth and fifth Rea-
sons, w hereunto little was replied, saving such
things as were mentioned at my Arraignment :
only baron Clarke u^d a very long speech,
wherein he compared Mr. Stubb's Cause and
mine together ; and after the end of his speech,
judge Puckering said.
Puck. Who taught you such law ? I tell
you, you are much deceived and abused in it;
one may be within the compass of Felony,
though he do not directly mean any such thing.
U. Your lordship knoweth I pleaded these
points the last assizes, when I came from close
Imprisonment to tlie bar : I understand Eng-
lish, which is the language wherein the Statute
was written, and I profess myself a scholar;
and therefore to have (tlu-ough God's mercy)
some understanding of the sense of that I read.
It seemeth to mc the most direct, and no otlicr-
wise to be taken than I understiind it.
Then I spake according to the sixth and
seventh Reiisons, whereunto it was replied thus :
Puck. You are deceived, in tliat vou think
tlie Witnesses against you the less lawful, be-
cause the parties were not present. It is an
ordinary titing to have Witnesses examined in
the Chancery, and other such like courts,
wliich do remain there of us sufiVcien^ credit
for ever, as they were v. hen tlie party's oath
was taken upon the same.
U. Then would 1 have answered that ths
ciVMi was not alike, seeing the High-Connnis-
sion is uoXJourt of Record ; but I was not then
suiFered to speak, for that it was said by tlis
other Judge :
Clarke. Where do you find tliat there must
needs (by the Word of God) be two Witnesses
face to face?
U. It is so clear, as tlie Witnesses were also
to have the first hand in executing the punisli-
meat upon tlie party ofiending.
Pnck. That was according to Moses's Law,
which we are not tied Ulito.
U. It is the Word of God, which hath a per-
petual equity in it; for the liltt of man is so
1303]
STATE TRIAI^, 33 Eliz. }590^TrialqfJohn Vdall,
[1S04
precious in the si^t of God, as he would
not have it taken away witl)out most evident
and manifest proo^ such as in his law is set
down. ^
Clarke, We are not now to call in miestion
the Proofs, seeing tlie Jury did think them
sufficient : this speech of yours tendeth to prove
the Jury perjured.
U, Not so, my lord ; I think of them, that
they did according to their consciences : but
being men unlearned, and tlie case being
strange unto them, they may have done their
best ; and yet you being men of more know-
ledge and judgment, are to look further into
the matter.
Fuck, Whereas you say, that none of the
Witnifsses did directly prove you the Author of
the fact, thsKt was not necessary ; for if all laid
together, and the circumstances considered, do
prove it, it is as good a proof as if every witness
*ere direct. *
U. But the Law of God, from which I trust
our laws disagree not, would that every proof be
direct.
Puck. And do you tliink indeed, that the
laws of this land are agreeable to the Word of
God?
U. I do not profess to know them ; but
turely I have so reX'crent an opinion of them,
that I trust the grounds of them are according
to the Word of God, however in some parti-
culai^ the proceedings may miss thereof.
Puck. Then the government by Arcli-
Bishops, and Lord Bishops, is according to tJie
Word of God, seeing the laws of ti»e land do
allow them.
U, I pray you, my lord, take nie not so ge-
neral ; tor that will not follow upon my
speeches.
Puck, Well, you may not now disgrace tl»e
Witnesses ; you should have done it at your
Arraignment.
U, I neither meant then, nor purpose now
to disgrace tlie Witnesses, but to shew the in-
sufficiency of their Testimony in this case, that
your lordships may tliereby see some reason to
stay the Sentence. The first Testimony tliat
.was alledged, was that of Mr. Chatfield, wlio
affirmetb, that it was not given in against
me upon his oath ; but only in his anger he set
bb hand to, but is now sorry for it.
Puck. You should have alledged this be-
fore ; it is now too late.
U. It is alledu^ed too late, to pre\'ent the
Verdict : but if there be any force in it, it
ought to be considered to stay the Sentence : 1
could alledge it no sooner, because I knew it
Dot till alter the Verdirt.
Puck. We may not suffer you to proceed
so, to disgrace that whidi is |>a5sed already :
if you have any other thing to say, s[»eak on ;
otherwise we must do our office.
U, I^ is not my meaning, howsoever yon
lake it, to disgrace any thing pasted heretofore ;
only I pray you further to consider, that
TbompkiDs, whosa Testimony only carried
tona alwir, proUittd htSutmy coaunitaMoty
that he would not for all the world aflirm me to
be the Author of the Book.
Puck. Why did you not plead tbese tbin^
to the Jury ?
' U. 1 did so, and offered to produce soffident
Proof for it; but your lordships answered, that
no Witnesses might be heard in my behalf,
seeing it was against the queea : which seemetli
strange to me ; for roetliinks it should be fer
the queen, to liear all things on both sides, cs*
pccially when the lile of any of her subjects ii |
m question.
Puck. The Witnesses were then thoogKc
by the Jury sufficient to prove the matter,
which we may not now call in doubt ; therefore
say on, if you have any more.
U. Then I spake according ta the eightk
Reason ; whereupon it was said,
Clarke. I tell you, you are not called it
question for the Cause (as you call it) nor for
the body of the Book; but only for slanderooi
things m the Preface, against her majestyli
government, and therefore you may let tae
' Cause alone.
U. Bui it is for the hatred borne to tU
Cause, that I am thus entreated ; for had not
it been handled in the Book, such matter as it
now made of the Preface, had never been ok-
jected against me, or any other.
Puck. Well, it is best for you to leave off si
other Pleas, and submit yourself to the qoeea^i
majesty's mercy.
U. I will do so with all my heart.
Puck. But will you do it as you did die
last Assizes ?
U. Yea^ that I will : And so I spake s^
cording to the last Reason ; whereupon it «na
said,
Puck. You confessed that you were JMily
condeuuied.
U. I am not vet C4>ndemned.
Puck. I mean convicted by the Jonr.
Then you acknowledged that you had ofiendcd
her majesty ; tliat you were sorry for it, and
promised that you would never do the like
again.
U. My lord, it is not for me to oppose my
word and credit (which is nothing) azaia.^
yours ; I refer it to them that heara it : onlj,
1 pray you, give me leave to speak of it, as I
taVe It that it was. First, I did avow (and so I
do now, and will do whilst I hve) that the Cause
handled in tliut Book, i& an undoubted truth.
Clarke. How often shall we bid you leave
tlie Cause, and tell you, that you are not trou-
blt'd for it J
U. But it is the Cause that is sought to be
defaced in my person, and therefore I must and
will still profess it, and justify it, vhatsoever
disgrace I receive by it unto my»»elf. I \tny
you let me procetxl. Secondly, 1 did protei
that I never had any purpose to tit-face, but
ever to seek to honour her n» jesty and her
government. Thirdly, I professed that the
course of law against me was due ; whereby
what I have meant, you have heard. Fooithly,
I said| that 1 aerer bad any purpose to dt aiy
^
1305]
STATE TftlALS, SSEliz. I SQO.-^Jbr Felony.
[130^
thing to the advanGement of this Cause, but
keeping myself, to the uttermost of my power,
within tfaft compas of the law. Lastly, i never
confessed myself to be the Author of the Book.
Then my Submission was this. That if I had
■done any thine to the advancement of so holy
a Cause, which had brought me within compass
•of the law, or might justly offend her mtyesty, 1
was heartily sorry for it. If this be not it, let
'tne have any other drawn, wherein the former
points are justified^ and I will set my hand un-
to it.
Puck, But all this is nothing to your Book
in particular; what say you to it ?
U, I say this. That though I hold the mat-
ter in it to be a most manifest truth; yet I con-
fess the manner of handling, in some part, to be
SQch as might justly provoke her ma)esty's in-
'dignation.
Puck. Because you stand so much upon
the Cause, as you call it, you provoke me so,
4tf I must needs say somewhat of it, lest the
audience should think some matter in it^ more
•than is.
U, My Lord, you understand my judgment
herein: 1 beseech you speak not against it^
ttnless you will give me leave to reply unto you.
Puck, I may not do so, you provoke me to
it ; your Disciphne that you stand upon, where-
upon is it grounded ? Forsooth upon the saying
4Di Christ, * Tell the Church :' which never was
^expounded these 1500 years as you do within
these few years.
U. My Lord, he did abuse you that told
jfou so : Chrysostom expounded it, ' Tell the
Church,' that is, the Govemours of the Churcli.
Puck, He meant the Governors of the
Jewish Synagogue.
U. How can that be, when he lived above
400 years after Christ ?
Puck. Was there never any tiiat could find
it out before now, if it were a truth ?
U. Yes ; it hath Testimony sufficient, if it
-might be received.
l*uck. And lest men should think that your
matter were as good as you pretend, 1 will tell
3rou what I know ; as it is written in one of
your Books, that without an Eldership there is
DO Salvation.
U. I am persuaded that cannot be shewed.
Puck, Yes, it is in * Theses Martininnae/
One writ that it is time to number our hot bre-
thren ; another, Mr. Snape of Northampton by
name, wrote that the Bishops should be put
down all in one day.
These things he did discourse of at large, in
an invective Speech, most bitter, tending to
persuade the people that we meant to rebel,
and set up the Discipline, and pnll down the
Bishops by stron^i^ hand ; and went about to
impair the queen's prerogative and patrimony.
After which, with much ado, I got audience to
this effect.
U. My Lord, I protest in the presence of
God, and hearing of all this people, that neither
I, nor any of my brethren, that ever I was ac-
iquainted frithi to my knowledge^ did so much
as ever purpose, or speak of any. such means
as your lordship mentioned to bring in the Dis-
cipline ; but only by prayer to God, supplica-
tion to her majesty, and stich other peaceable
means : this is my Answer to yonr large In^ec^
tive. And whereas, my lord, yos seem to be
so hardly carried against the Cause, I woM
not doubt, but if I might privately confer with
you, with the blessing of Uod, t^ persuade yon
to he a friend unto it. ^
And after some other speeches of other
Books, and the aforesaid speeches in the Books,
mentioned already, Judge Puckering said.
Puck, Nay, I t^U you there arc as foul
things in your own Book : for, do you not say^
that the Church is committed to tlie Mistress of
the Stew3, and ruled by the laws of a Brothel*
House ?
U, It is spoken of the Popish Canon-Law ;
which is as unfit to rule the Church of Christ,
as the laws of a Brothel-House to govern aa
honest woman.
Puck, And t]x>se laws are established by
her majesty's laws.
U, It would trouble the learnedest hiwyer
in England to prove that*
Then baron Clarke began a voice, tending
again to compare my Case to that of Mr.
Stuhbs, and to persuade me to submit myself,
telling me what good I might do ; but because*
he spake low,i and jl said I did not well hear
him, he gave over, and |ifayed the other to
speak, who told me his meaning,: and then
said.
Puck, We shall make short work with you :
will you here acknowledge all the Laws Eccle-
siastical and Temporal of this land, to be agree-
able to the Word of God ?
U, My Lord, I have disgrace enough upon
roe already : you may easily perceive what I
think of tlie present Ecclesiastical Govern-
ment. I pray you press me not with these
things, I can yield no further than you have
heard.
Puck. Then we must do our office, and
pronounce Sentence on you.
U, God's will be done.
Puck* Yea, God's will be done on you in-
deed.
Tlien he gave Sentence upon me and the
rest. After which I did purpose to speak ac-
cording to the last Sentence, after tne Rea-'
sons ; but the clamours of the other Prisoners,
calling to the Judges to be good unto them,
disappointed me thereof. Thus was I returned
to Prison ; what will be the issue, I know not.
1 he Lord turn it to his glory, the good of hig
church, and shame of 'his foes; and then weU
come life or death.
I being reprieved (as the Sheriff said, by her
majesty's own commandment), Dr. Bond, one
of the queen's -chaplains, came to me as from
the queen herself, and from the Council, with
the Submission that was tendered unto me ; to
confer with me in general, but especially to'
persuade me to yiekl thereunto, or to lake the
1 307]
STATE TRIALS, 33 Eliz. 1590.— Trial qf John Udall,
[13()S
Reasons of my refusal.' After two days con-
ference, we agreed upon a Form of Submission,
as foHoweth :
The Form of that Submission which was offered
uuto me, and I refused,
* I John Udall have been hitherto, by due
course of law, convicted of Felony, for pen-
ning and setting forth a certain Book, called,
A Demonstnmon of Discipline ; wherein false,
slanderous, and seditious matters are con-
tained, against her majesty*s prerogative-royal,
her crown and dignity, and against the laws
■and government ecclesiastical and temporal,
establislied by law under her highness, and
tending to the erectins; of a new form of go-
vernment, contrary to lier said laws: all which
Points I do now, by the grace of God, perceive
to be very dangerous to the peace of tliis
icalm and church, seditious in the common-
wealth, and justly otfensivcto the queen's most
excellent majesty ; so as thereby I now seeing
the erievousness of this my Offence, do most
humbly on my knees, before God and this
presence, submit myself to the mercy of her
tiighness ; being most sorry, that so deeply
-and worthily I have incurred her majesty's
indignation against mc : promising, if it shall
please God to move her royal heart to have
compassion on me, a mast sorrowful convicted
person, tliat I will for ever hereafter forsake
all such undutiful and dangerous courses, and
demean myself dutifully and peaceably to all
authorities botli civil and ecclesiastical, estab-
lished in this realm ; for I do acknowledge
them to be both lawful and godly, and to be
obeyed of every faithful subject.*
The Form of that Submission whereunto I did
consent, and set mif hand,
* With these three Protestations 1 do submit
myself in manner as foUoweth : 1. I hold the
Cause of Discipline debated in that liook, to
be an undoubted truth. 2. I never imagin-
ed any evil agsiinst her umjesty's person or
estate ; but have sought to honour litem both.
3. I never proposed to. do or persuade any
thing, whereby the Discipline might be ad-
vanced, but by peaceable meiuis; endea-
vouring to keep within the compass of law.*
* I John Udall have been by due course of
law, convicted and condemned of Felony, for
penning and publishing a certain Book, called
The Demonstration of Discipline;* in the
Preface whereof, some matter, as also the
manner of writing, I confess to be in some
part so bitter and undutiful, as desen-eth
justly to be censured and punished, and justly
offensive to the quec;«'s most excellent nui-
jesty: Wherefore the Trial of the law im-
puting unto me all such defaults as are in thut
Book, and laying the punishment of the same,
in most grievous manuer, upon me; and I see-
ing the grievousness of this offence, do most
humbly on my knees, as in tite. presence of
God, submit myself to the mercy of her high-
ii€tf^ being most lorry that to deep aod just
' occasions should be given to procare her mt-
' jes^y*s displeasure against me ; promisiag that
' if it shall please God to move her royal heart
*■ to have compassion on me, a most aorrowfol
*• condemned person, that I will for ever here-
' after forsake all undutiful and dangerous
' courses, and demean myself dutifully and
*■ peaceably, as becometb a minister of the gos-
' pel, and as a loyal subject to the queen's wo^
* excellent majesty.'
At the same time that Dr. Bond was with
me, I received a Letter from a friend of mine,
that did solicit sir Walter RjUeigh for me;
wherein were these words :
'< Sir Walter Raleigh willed me to let vnu
understand, that her majesty is inlbrmed et
you, tlmt you hold that the Church of Englimd
IS no Church, and the Sacraments of the same
no Sacraments ; and that all her Ecclesiastical
Laws are against the Word of God, and so her
Government ; and that all Ecclesiastical mat-
ters ought to be governed by a Pres^iytery, and
she licrself to be subject to the censures thereof:
And that for these things, and such-like, jna
are not worthy to live. But if you will write
half a dozen Lines under your hand, unto sit
Walter, concerning these Opinions, that ke>'
may shew it to her majesty, he hopeth to obtain
your lil^. 1 know it is an easy thing* for you to
answer all these things; and therefore do it
with s{)eed, and in your writing to sir Walter,
take knowledge that he hath sent you such
word."
Hereupon I wrote a Letter to sir Walter
llaleigh; and what I hold in these Points, as
followeth.
To the Bight Honourable Sir Walter Raleiik,
Kt. Lord Warden of the Stannary:
" My duty being remembered unto vour lord-
ship, I humbly thtmk your honour for your great
and honourable ciU"c over me, and for my good;
whereof I trust you shall never be a<ii;iiDed:
most humbly beseeching your good lordslup U>
be a means to appease her majesty's iu'ligai-
tion conceived against me, by means of some
Accusations untruly suggested. For, God is
ray witness, I have never had any earthly thio^
in so precious account, as to honour her bi^
ness; and to draw her subjects to acknowleds^
with all thankfulness, the exceeding blessioes
tliat God bestowetli upon them by her ma-
jesty's happy government, whereof 1 trust miue
Adversaries will be witnesses, when I am dead.
1 have sent unto your lordsliip (as in perpleiitj
I could upon tlie sudden) what I liold concern-
ing certain Points declared unto me, as frum
your lordship ; praying that it would pier.-*
you to make known tlie truth thereof unto her
ni^hness: And if neither my submi»sion, her^
tofore delivered, nor these things now set down,
y* ill be accepted to draw her highness, of ber
gracir>us compassion, to pardon me, that vet ii
would please her majesty (that the land may
not be charaed with my blood) to change njr
punishment from Death to Banishment. Thai
tntfting your lordship wiU vouchnfe ne thii
1309]
STATE TRIALS, SS Eliz. ISQO.-^or Felony.
[1310
fnvour, and that it will please her majesty there-
upon graciously to consider of me, 1 huinbly.
take my leave, from the White-Lioh, Feb. 22,
1590. Your Lordship's to command^ John
UDALL,"Prisoner."
1. < I do believe, and have oflen preaclied,
* that tlie Church oi Kngland is a part of the
* true visible Church -of Christ ; and that the
preaching of the Word and administration of
the Sacraments therein, are the holy Ordi-
nances of God, profitable and comfortable to
every one that rightly partakes thereof: in
which regard 1 have been, and do yet desire
to be, a preacher in the same church ; and
have communicated in the Sacraments and
Prayers therein, for the space of seven years
at Kingston, and about a year at Newcastle
upon Tine, immediately before mine impri-
sonment : And therefore I do from my heart
utterly renounce tlie schism wherein to the
Brownists have fallen, in condemning the
churches of England, and separating them-.
seUes from communicating in the public mi-
nistry thereof. — Q, I know no other but that
the statute-laws of this land do maintain the
holy Ministry of the Word and Sacraments, in
such manner, as any christian may, with a
safe conscience, both administer therein, and
communicate therewithal : Also that the law
which requireth a Subscription to the articles
of Religion, so far as they contain the Doc-
trine of Faith and Sacraments, is agreeable
to the Word of God. — 3. 1 do believe, that by
the Word of God, her majesty hath, and ought
to have a supreme authority over all persons,
in all causes, both ecclesiastical and ci%al, to
inforce every man to do his duty, and to be
obedient in every thing that is not contrary to
the Word of God. And if the Prince should
command any thing contrai*y to God's Word,
it is not lawfnl for the subjects to rebel or re-
sist, no not so much as in thought, but with
patience and humility, to be^ all the punish-
ments laid upon them; seeking only by prayer
to God, and supplication to authority, .and
such like peaceable means, to liave faults
amended. — 4. I do believe that by the word
of God, the cliurches riirhtly reformed ought
to be governed ccclt'siahtically by the minis-
ters assisted with elders ; and this is not my
private judgment, but such as I havb leamtNd
out of tlie Word of God, been confinned in by
the Writinc;s of the most loiirned mid gmlly
men of antient and latter tinus, and have
•een practised with much peace and comfort
in the best reformed churches in Europe, and
even by those Exili^s which her ninje^«ty to her
great honour huth hitherto protected. — 5. I
do believe that the censures of the Church
ought merely to concern the soul, and may
not unpeach any subject, much less any prince,
in tile libi*rty of body, duiuinion, goods, or
any earthly [)rivileee whatsoever ; and tliat
therefore the papal excomnmnication that de-
poseth princes, and freeth their subjects from
their aliefl;iance, or any part of christiaJi olx^li-
euee to dvil authority, is blasphemous against
God, injurious to all men, and directly con-
contrary to God's Word t neither do I believe
that a christian prince ought otlierwise to be
subject to the Censures of the Church, than
our gracious queen professeth herself to be
unto the preachiug of the Word, aitd admiuis^
tration of the Sacraments, according to the
doctrine of our Church, in Mr. Nowell's Cate-
chism, and the Homilies of tlie right use of
the Church, at this day appointed publicly to
be read. — If I understand of any other thing
that I am charged to hold as a strange and
private opinion, I would be willing to sliew
my mind freely in it ; for my desire is, that
her highness might truly be informed of
every thmg that 1 hold ; so should I be' sure
to obtain her gracious.favour, without which
I do not desire to live.'
These things thus passed, I reniained as be-
fore, w ithout any great hope of liberty, or fear
of extremity, until the next Assizes drew near :
at last there came Mr. Nowell, dean of Pauls,
and Mr. Dr. Andrews with a new Sujbmission,
yet containing nothing (one clause excepted)
which was not in the former, which I conde-
scended unto ; notwithstanding I refused pre-
sently to set my hand unto it (though they pro-
mised in the name of the council,^at in yield-
ing to it I should obtain pardon and liberty)
because I would do nothing without good ad-
vice and consideration.
I'he Copy of the Submission given me by Mr.
Dean of PauU^ with his name to it, as fd-
loweth :
* I John Udall have been heretofore, by due
* course of law, convicted and condemned of Fe-
' lony, for penning and publishing a certain
* Book, called * The Demonstration of Disci-
' pline J in the preface whereof, some matter,
' as also the manner of handling of it, I confess
' in some parts to be so bitter and undutiful, as
' deserveth justly to be censured and punished
' according to the laws of this reahn, established
^ under her higlmess, and justly offensive to the
' queen's most excellent majesty : wherefore I
' now seeing the grievousness of tliis oifence,
*■ do most humbly on my knees, and in the pre«
* sence of God, submit myself to the mercy of
' her highness, being most soi/y that so deep
' and just occ»ision should be given to procure
f her majesty's displeasure against me ; promis-
' ing thut if it shall please God to move her
* mujesiy's royni heart to have compassion on
* ine, a most sorrowful condemned )>erson, I
* will ever herealter forsake all undutiful, sedi-
' tious and dangerous courw^s, and demean my-
' self dutifully, and peaceably, as becometh a
* minister of the Gos[)el and a loyal subject of
' the qutcn's most excellent niajesty.^
* This is the true Copy of the Submission sent
* unto me from her majesty's mOst honourable
' I*ri\y Council. Ali.xander Nowell.' »
When I had weighed wiili mvself, that the
Clause which is added may admit a good in-
terpretation, and the omitting of that which is
lefl out of my former Submisouou, o ' ill
ISll]
STATE TRIALS, 35 Eliz. 1600.— Trial of JtJin Vdall,
[!S12
Benae of that which is set down, I condescended
(being also advised thereunto by my good and
godly friends) to set my hand unto it ; and
thereupon wrote a Letter unto Mr. Nowell as
followeth :
^ liieh( wors}/ipful Mr. Dean,
*' I praise God with all my heart, that au-
thority bath 80 good remembrance of ray hi-
xneutable estate, and yet more that by the same
I am for my Form of Submission to deal with a
man of that piety and wisdom, that yoa have
been worthily in the Church long agone esteem-
ed to be of, and 80 have continneid to this re-
verend age tliat yoa are come unto. It may
please you, sir, to understand, that I have con-
sidered of the Form of Submission, that your
:worship brought unto me, and fmd nothing in
it, but that in a good conscience I can yield unto ;
£ir it requireth not of me any denial or disallow-
ance iA' the Cause of Discipline debated in the
Book, for which I am in question ; the snbstance
of whicH doctrine I believe to be the undoubt-
ed Truth of God, and tlierefore ought nei'cr to
deny or disallow it : notwithstanding with my
persuasion I tiUce God to witness, tliat I never
uurposed to do or persuade any thin^, whereby
It might be advanced, but by peacable means,
endeavouring to keep withm tiie compass of
law. Further also the said Fonn of Submission
chargeth me not with any malice against her
mtijesty, from which likewise I acknowledge as
in the presence of our Saviour Christ, that is
ready to come to judge the quick and the dead,
that I have been always free, and have carried
a Christian, loving and dutiful atfection to her
majesty's royal person and estate, as I know by
the Word of God I ought to do ; whicli being
»o, 1 have resolved to satisfy the authority from
which you brought me the said Form oi Sub-
mission, and at your good pleasure without fur-
ther limitation' simply to subscribe it. — Good
Mr. Dean, in the bowels of Christ have com-
rassion of my estate, more ways lamentable tlian
can in a few or many worcfs express, or (as I
think) any other but only the spirit that is taught
te pray with groans that cannot be uttered :
and in such Christian compassion, by your fa-
vourable and earnest mediation to the authority
that may relieve me, procure my Pardon and
free Discharge, of the dangers and troubles
wherein I am ; that I may say with the Pro-
phet, * I shall not die, but live, and declare the
works of the Lord.' — So shall not only my poor
wife and children, but I hope many others praise
God for you in that respect, and myself as be-
holden unto you in a case of life, continually
pray for your good estate to the Lord of lite
blessed for ever. Amen.'
After I had thus set my hand hereunto, I ad-
vised also to wTite unto certain of the Council,
and other honourable persons besides ; partly
to let them understimd in what sense I had
yielded lie'reunto, and partly to entreat their fa-
▼oar, and furthennore for my liberty i the copy of
which Letter (for it was the same word for word
10 every one, the title of their several estates
excepted) here eo^ueth.
^' Right honourable,
*' My present lamentable cond^on enfoitctk
me, in most humble manner, to crave so mudi
leisure of your lordships from the weighty affiun
of the StaCiK, as to consider of these few Unci
The reverend Mr. Nowell, dean of Paul's, tod
Mr. Dr. Andrews, a few days ago brought me
a Form of ^Submission (as they said) frnm. tu-
thority, with hope of fkvour for ray life, if I
woulcl yield unto it. Whereof having cooader-
ed, end finding notliing in it,, but which I had
heretofore yielded unto, when Mr. Dr. Bond
was with me, one Clause excq>ted,to wit, That
the faidts do deserve to be punished according
to the laws of the land : which yet hath no sodi
words, but may bear so good a sense, as I think
I may in such Form submit myself, without ei-
ther condemning the suit for a further refonnt-
tion, or myself as justly deserving by the laws to
die ; I cannot discern sufficient cause to refuse
it, for by the hardest word that I have by dne
course of law been convicted and condemned ;
I understand the Form of Proceeding by Indict-
ment, Arraignment, Jury, Witnesses and such
like, as also by that Clause, That the maoner
of writins is in some part such, as desovedi
justly to b^ censured and punished by the lain
of this land ; I mean of such censures as the
good laws of this land, administered with jus-
tice, do ordain for punishing of such Offences m
the manner of wTiting ; which cannot be of
death, without malice against her majesty; from
which (I take Almighty God to witness w hw
been always free. In regard whereof, I fieared
lest I migiit be thought to stand too oooleii*
tiously and undutifully with authority, and to
be too careless of mine own estate, if I shodd
not yield to such a Form of Submission as diej
brought unto me. Wherein having yielded, u
far as in conscience I may, and as anthoritr bj
their means requireth of me ; my most hamUe
suit to your lordships is, that in your Chnfbu
and honourable compassion of my most iameac*
able estate, that it may please your lonUufis
by ^our favourable mediation to her exceUeot
majesty, to further my most hmnble suit, for of
pardon and free discharge of these my grievous
troubles. So shall I be bound yet more hear-
tily to praise God for your honours, and topnj
unto God for your prosperous estate long to eu-
dure, to the ^lory of Almighty God^ and to your
own everlasting comfort."
Within four or five days af^er, Mr. Dr. An-
drews returned unto me, signifying that all that
was done was mistaken, for that was not the
Submission that was meant of me, but anochrr.
Which when I had perused, I found it theanne
(only tlie last Clause left out) which was offffH
me by the Judges at the Assixes: And he said,
the Clerk to whom the making of the Letter to
Mr. Nowell was committed, put in one fbr son*
ther. And because I utterly refused to consok
of it, as liuving yielded before to so much ail
might,. he prayed me to imderstand what I look
exceptions against, antl for what leasoos. ^
we entered into many Discourtet ; as fim^ ko«
tlic Discipline Qould be sakl lo be^againit iki
1313]
STATE TRIALS, SSElu. 1590.— far Felony,
[1314.
queen*s prero^tive royal, seeing it was (as I
said I did beiie\'e) expressed in the Scriptures,
whereby all lawful privileges of princes are war-
ranttid. Then we debated whether the Supre-
macy of a Christian prince be the same with
en heathen,, or diverse from it. After that,
whether the auUiority of princes in making
church laws, be dejure, or de facto only : atid
lastly, of the most points of Discipline. Thus
we continued five or six hours, and ut last he
would have no answer of me then, but he pray-
ed me to advise of it, for he would come again.
I answered, that the oftener he came, the wel-
comer he should be, but I told Iiim I would not
accept of it; yet he came twice after, and took
tny Reasons of my Refusal to yield thereunto ;
and promising me all the favour lie could pro-
cure me, he departed.
After this the Assizes approaching, and the
general report being that it would go hard with
me; I beuig desirous to use any good means,
did not only soUcit the earl of Essex, and sir
Walter Raleigh, who had heretofore dealt for
me ; but also I was advised to write again unto
Mr. Nowell, eamestly charging him to take my
case to heart, seeing lie had jiroraised to pro-
cure me fiii'our : whereupon 1 wrote unto him
this Letter following :
* Right worshipful Mr. Nowell.
' As I did rejoice when I perceived that you
* were employed to deal with me about my Sub-
' mission, because uf that reverend estimation
* that you have been so long, among thcWorthies
' in the Church of God ; hoping, that I should
' have found thereby, some comfortable means
' of mediation unto autliority for my release :
' BO I am now occasioned to fear that tUl that
' credit vrhich you are of, shall be used as an
* inBtniment to further and hasten extremity
' upon me. For so much time being passed
' since I voluntarily yielded to that Subtnission
' which you brought unto me, and no liberty
' appearing from any place, but rather that
' being ^iveu out, that my Submission shall be
' a special means to hasten my deatli, and no
' way to procure my liberty ; 1 am constrained
' to write unto yon, to let you understand, that
' as I look for that end the next week at the
'Assizes at Kingston (where I have been a
' Preacher which hath so long been threatened
* but (to the doubling of my torments) de-
' fcrred ; where unto J doubt not the liOrd will
' strengthen me, as graciously he hath hitherto
* done : So 1 pray you, as you will answer unto
'* God for my blood, wliich I am persuaded your
* credit-being employed to the uttermost (as in
* the Word and Faith of a Christian you pro-
* mised) might have preserved, that you would
* BO take my case to heart, as it may inforce
* you to leave no stcnie . ujiturned which may
' eit)ier fuitlier my liberty, or at least clear your
* conscience from beinji^ any wny accessary to
' mV death. For it will one day be an heavy
' thmg to your heart, to think tlint you should be
* set on work, and the account that is worthily
' made of you employed under pretei>ce, yea, anil
' as it were with assurance of life and liberty"
VOL, I.
* to draw that from a Preacher and Professor
* of the Gospel, which afterward shall be used to
' hasten his end : and you will say it had been
* better Ihat you had never been of any reckon-
* ing, than to be made an instrument to further
* such an action. This I write unto you, not
'in any troubled affection with the fear of
' death, for I thank God I am willing to end
' my days, and (if it please tlie Lord), even in
' this manner; and hope that my death sludl
' further the cause for which I suffer, more
*■ than my life : but lest I should neglect any
' means which might seem to be a furtherance to
* prevent the same, or leave that duty unper-
* formed unto you, which I take myself in con-
* science bound to discharge. Tise I^rd make
* us willing and able to discharge every good
* duty, that he enjoineth us, to Ids glory, the
* good of his Church, and our owA comfort,
* whether by Life or Death !'
About the same lime came a Letter from the
king of Scotland to a Scotish merchant, one
Mr, Johnson, lying in London, to be delivered
to her majesty (as was said), being written in
my behalf, as he had done once before when I
was close Prisoner; this Letter did the mer-
chant deliver to her majesty, and the dean of
Paufs upon my Letter w ent to the Council ;
whereby whatsoever was wrought, as soon as
the Jucfges heard that I was brought to King-
ston, where the Assizes were then kept*, I was
immediately returned unto the White-Lion in
the evening, before the first day thereof. After-
ward Mr. Johnson bad the Copy of the king*s
Letter sent unto him, which then appeared to
be written not for me alone, but also for the
rest of my brethren the Ministers in Prison for
the same Cause of Discipline ; the tenor of
which Letter here foliowetn :
The just Copy of the King's Letter sent to her
Majesty,
* Right Excellent, High and Mighty Princes%
' our dearest sister and cousin, in our heartiest
' manner we recommend us unto you : hearing
* of the apprehension of Mr. Udall, and Mr.
' Cartwright,and certain other Ministers of the
* Evaugel within your realm, of whose good
* erudition and fruitful tcavels in the Church,
' we hear a very, credible commendation ; how*
^ soever that their diversity from the bishops
' and others of your clergy, in matters touch-
< ing them in conscience, hath been a mean by
' their dilation to work them your misliking ;
* at this present we cannot (weighin*; the duty
* which we owe to such as are anlicted for
' theit conscience in tliat profession) but by
* our most effectuous and earnest Letter inter-
< pone us at your hands, to any btfrder usage
< of theiii for that, cause: requestii^g you most
* earnestly, that for our cause and intercession
' it may please you to let them to be relieved
* of their present strait, and whatsoever furthur
' accusations or purbuii depending on that
' ground, respecting both their former merit, in
' setting forth of the Kvangel, the simplicity of
* their conscience in this defenca
4P
STATE TRIALS, 54 Euz. 1592.— Diai qf Sir JoAji Pcrrof, [IJIfi
his good-will be gotten. At last the TiirVev
iiiercluLiits having my consent to co tor a time
into Guinea to teach their people that abide in
that place, if tliey could procure my lib«»rty,
sent unto him tor his consent, who promised
his good-will, so that they would he bound that
I should go indeed, when 1 had my libertj.
But when two of tlie antients of the company
went unto him for his iuind thereunto, he woukl
not yield it, unless they wuuhi be Inmnd lUH
only that 1 shoujd go (which they were ^illinc
unto) but also that 1 should tarry there, till I
had her miijesty's li(^ence to come thence.—
This condition they could not yield unto, for
that I denied to go upon any such ground ; <o
was their suit, and my hope of liberty, at ao
end ; saving that one Mr. Cavell, who had
been the first beginner of it, and being to 50
into Turkey did most atfect it, moved tlte dean
of Paul's in it : who thereupon wrote to my
lord Keeper, persuading him of the conveniency
of that journey for me, and my fitness then?-
imto. Which letter when he received, lie did
so deal with the archbishop, ns they both pni-
mised at their next meeting at court t6 deal
with her majesty to sign my pardon, that so I
might have liberty to go the voyage. — But her
majesty never did sign the Pardon, and the
liirkey ships goinv away without hun, Tdail
died in the Marshalsea prison about the end of
the year 1592, quite heart-broken with sorrow
and grief.
1315J
* not well be their lett by compulsion, and the
* great slander wlucli could not fail to fall out
* upon their further straiting fur any such oc-
* caiiion : which we assure us your zeal for re-
* ligion, besides i he expectation we have of your
* good-will to pleasure us, will wiUingly accord
* to our request, having such proofs from time
* to time of our like disposition to you, in any
* matters which you recummcnd unto us. .^nd
' thus, right excellent, right High and Mighty
* Princess, our dear sister and cousin, we oom-
* mit you to God's uood protection. From
* E<linburgh the 12th day of June, 1591.
Presently upon these things fell out that
wretched matter of that lend fellow Hacket,
whereby the adversary did take occasion so to
slander the truth, and to disgrace the professors
of the same unto her majestv, that I tjjought it
bootless to see. And so t did little till the
Lord Chancellor was dead, and ibrgotten by
f uch ns were sorrv for it ; so that about Easter
term tollowinj:, 1 sued for liberty to go to
church, which was denied me, being a con-
demned man : but by the lord Treasurer's
means, T tint a copy of my indictment, which
before 1 could not ol)tain.
Hereupon 1 getting a Pardon framed accord-
ing to the Indictment, sent it with a Petition
by my wile to the Council, who referred me to
the Archbishop, unto whom 1 both had sent
diNcrs Petitions, and dutiful Letters, and also
got nuuiy of my friends, both honourable per-
jjonages and others, to sue him, yet could not
^1^
69. The Trial of Sir John^ Peuuot, Lord Deputy of Ireland, at
Westminster, for High Treason : 34 Eliz. April 27, a. d. loy2.
1 HK Commissioners were, the Lord Cham-
berlain, the lord Ruckhurst, sir Robert Cecill,
Secretary Woollcv, Mr. Fortescue, the ^Master
of the Rolls, sir Kdnum<l Anderson, Lord Chief
Justice of the Common Pleas, Justice Periame,
Justice Gawdie, Justice Fenner, Mr. Rokeby,
«ne of the nuisters of her Majesty's Court of
Request.
Sir J«)hn Perrot being brought to the Kind's
r»encli-Bar, accompanied with the Lieutenant
of the Twver, and sir Henry Lee ; and procla-
mation for silence being made, the Lieutenant
was commanded to return his writ of Habeas
Corpus. Then was sir John coiumanded to
hold up his hand. Here sir John Perrot made
low obeysance, and desired he might be heard
to .s[)eak before he l»eld up his hand. He pro-
tested that lie never had thouirht of Treason
against her majesty, and desired that the wit-
ness<'s might be good and sulficient : he knew
well th<» place wlu^reunto he was brought, and
therefore he would submit himself humbly to
their honours, and w\i(l, sithence it was (iod's
will, and lur maje>ty*s, he gave God lK.*arty
thanks therefore, — Then was he bid to hold up
his hand again. \V hereunto he nnswerea,
Look what is to he done ; and here is as true
l( man'i hmd as e\ur ci^ne iu this pl^ce.
r//c J^'f^ of' the Indictment.
* That the last of January 1587, in the SOih
' year of the queen's majesty, he the said mf
^ John Perrot ials<ily and traiterously, 6cc. tW
* imagine in his heart to deprive, depose, and
« disiidierit the queen's most excellent niajestf
* trom the royal seat, to take her life awav, to
* make slaughter in her realm, to raise KeW-
* lion in England and Ireland ; and tluit he did
' procure a, Ibreign power to invade the two
* realms. — Tliat one James Eustace, ^i^count
* Baltinghis, being a fal«ie Traitor to her niajei-
* ty and the state, sent Letters of Treason from
* Madrid to the said sir John PerrtJt by ow
* Demi is Oroughan, an Irish prie>t. That ilr
* said sir John sent Letters of Treason to iht
* said viscount Raltindas into .S|>ain, bv the
* said Dennis Omughan. — That wherea* the
* queen's majesty, in April the 27lh of her nia-
' jesty's reign, did write her Letters to the said
* sir J«)hn Perrot, sinnifvini! unto him that hiT
* pleasure was, that the >aid >>ir John slmuW
* not pn)ceed in any matters «»f ijoveninitni,
' without the advice of some of her majestTi
* council in Irehuid, wherein >he i«raciousiy ad-
< vised him not to nun*nmr, Imt to take the
' same dutitully,* and in ^ood part; notwitiw
ISl-f]
STATE TRIALS/ 34 Eliz. l592.^for High Treason.
[131S'
* standing he the said sir John, shortly after the
* receipt of tlrtj said Letters, did send for tlie
* archbishop of Dublin, and rending the same
* Letters unto him, in a great fury said these
* words, * If she will use men thus, she wjll
* * have cold 9er\'ice, and some one day she
* * will have need of me.' — That in the 29th
* year of the queen's majesty he did maintain
* horrible and unknown Traitors, not doing jus-
* tice upon them. — That pope Gregory 13, and
< the king of Spain preparefl an Army to invade
* England ; at which time the said sir John
* sent Letters to the king of Spain, promising
* him aid and assistance in the Army : which
* Letters Dennis Oroiighan carried into Spain,
* and received of the said sir John divers sums
<-of money therefore. — ^That sir Bryan Orieke,
* a notorious false Traitor, was procured and
* animated by the said sir John to move and
'^stir up RebeUion in Ireland.' ' <
Here iigain sir John desired to speak, and
said that he was 64 years old, and had been
long imprisoned, yet very honourably used at
my Lord Treasurer's, t)Ut found fault with his
lodging in the Tower ; and said he was by na-
ture cholerick, and knew not what imperfec-
tions bis Imprisonment might work in him;
and therefore if he should happen to fall into
any extraordinary spi^eches in that honourable
place, he craved pardon, allcdging that the
same should not proceed for want of duty or
obedience.
Then Mr. Sands, Clerk of the Crown, asked
him, If he were Guilty of this first Indictment.
He answered, clapping his hand upon the Bar,
in these words ; I am not puilty of any part of
that which is laid down. — Then was he willed
to hold up his hand again : whereunto he said,
(holding up his hand) W hat again ? Here is a
true man's haiKl.
The Effect of the second Indictment.
* Tliat the 13th day of May, in the 27 th
* year of the queen, sir John Perrot being at
* Dublin, received Letters from Alexander duke
f of PFmna, craving his furtherance in giving
* Aid to the king of Spain's power. — That the
* 50th of June, in the 28th year of the queen,
* he sent for sir Wm. Stanley to entreat and
* confer with him touching his traitorous pur-
* poses ; and that on the 30th of June, 28
* Eli?., he talked with " the said sir William
* Stanley to that effect. ' ,
Then he was asked if he were guilty of tliis
Indictment : whereunto he answered these
words, viz. Even as guilty as you are in speak-
ing, Mr. Sands. Mr. Sands asked hiin by
whom he would be tried. I will be tried, said
sir John, by God and good men, and I shall
not remember the most of the points.
Then said Mr. Serjeant Puckering unto him;
You shall be remembered of cvtTy matter
piecemeal.
Sir John Perrot said, I pray God the Lord
be not angry with these courses ; there is a
Judge in Heaven who knoweih all.
Here tlie SherilT wa» commanded to return
the precept directed unto him for the summon-
ing of the Jury for our sovereign lady the
Queen, and an 0-yes made that every Juror
should answer to his Name.
The names of the Jurors were, Rd. Martyn,
kt. John Machell, Henry Itow, Rd. Weeks,
Robt. Carr, John Padge, Henry G«iodyer, Wm.
Paggenton, Hugh Oftley, es(j. John ilautrey,
Wm. Meggc, Henry Holford, John Stone, John
Vavasour, Wm. Hichcooke, Rd. Edlvn, Christ.
Read, Wm. Kinton, Tho. Fowler, John Powell,
Barth. Quenye, Humfrey Wylde, Tho. Russel,
George Millot. Out of these 21 were 12 taken,
whereof the foreman was llu^h Otiley, esq.
llien Mr. Sands willed sir John to mark
the Jurors well as they were called to be sworn,
to .see if he knew cause of challenge to any of
them, before they were swoni between oyr sc**
vereign lady the queen and him. Where-
unto he answered : Woe is me that she is .made
a party against me ! And then he demanded '
of my L. C- J. of the C. Pleas how many he might
challenge. The Lord Chamberlain answered,
That they of the Bench were not to give Coun-
sel to the prisoner. Then said my lord Buck-
hurst unto sir John, If you have any just cause
of challenge against any of them, you may
challenge ; if not, why should you challenge ?
Then he challenged two of the Jurors,and tfvid.
Lord send me justice, and for (>od*s sake let
me have good men ; and wished he might have
men of his own sort, and such as knew service,
and feared God ; and desired that none might
go upon him that had any suit in law with sir
Thomas iVrrot his son ; and wished for more
good Aldennen : yet if they tliat were sworn
fearecj God he cared not.
^ Here the Indictment was read unto the Jury,
and after that an 0-yes made, to know if any
man were there to give Evidence against the
Prisoner at the bar in behalf of her majesty.
Then Segeant Puckering rehearsed to the
Jury the principal Points contained in the In-
dictment aforesaid. But before he handled th«
same, he opened unto the Jury, that the ori-
ginal of his Treasons proceedetl from the ima*
^ination of his heart-; which imagination was
m itself High-Treason, albeit the same pro-
ceeded not to any overt fact : and the hc»art
being possessed with the abundance of his j
traitorous imagination, and not being able so , i
to contain itsell", burst forth in vile and traito-
rous Speeches, and from thence to horrible and
heinous actions; for Mr. Serjeant said, Ex
abundaniia cordis os loquitur,
Tlien sir John prayed serjeant P. to lay aside
words, and to pniceed to the matter of the
Indictment. Whereunto he answered, he
would proceed by deiirees ; but would first
begin with his contemptuous Word**, which
contained in them High-Treason.
Then serjeant Puck, shewed. That sir Ni-
cholas Bagnol, marshal of Ireland, being with
sir John Perrot in his house, and entering in
communication together, and falling into hot
words, sir John brake forth into these Spei'ches,
* If it were not -for yonder pild and pahrr
.^»
STATE TRIALS, 31Eliz. 1 592.-^^101 qf Sir John Ptrrot,
1310]
sword that lieth in the window, I would not
brook thtse cN)nipaiison>. :* Speuking of her
niaiostv's Sword ofjusticc carrR'd before hian.
To thii5 he answered, that he termed the
same after that sort, because the sscabbard of
the same sword was old and worn ; and within
one week after he ^aa^ed ii new scabbard to
be made. And then falling from tliat point to
other idle discourse, my i«n*d of Huckhurst told
him, he was before a IJench \erY wise and
learned, and before a wise Jury ; and therefore
if he spoke not to purpose, it would but hurt
bis cau&e, and fiive them all occasion to think
that he had nt)tliin£; to speak in his own De-
fence : for if he had, he would not go from the
same", and follow other frivolous and unne-
cessary matters.
Then it was shewed that the queen having
directed her Letters of conunandment to sir
John Perrot in the behalf of sir Tibert Butler,
tor the placing of the said sir Tibert Butler in
the barony of Kaire, he the said sir John being
moved therein by the said sir Tibert Butler, at
the Council-Table in thj castle of Dublin, used
tliese speeches, < Stick not so much upon the
queen's letters of comnumdment, for she may
commnud what she will, but we will do what
tve list.'
Ti» this matter sir John answered ; He re-
membered nut what Speeches he then usvd,
and said it might be he used some speeches
cholerickly, as naturally he used to do, for it
was liis disposition : but notwithstanding any
speeches whatsoever, yet he said he executed
ber majesty's commandment tlierein : and
added, that he did always from time to time
execute her majesty's commandments or war-
r;mts in all tilings whatsoever. — Then said my
Lord Chamberlain, You are not charged with
not executing her majesty's commandments,
but with contemptuous speeches used tigainst
ber majesty in the matter. — Then sir John
going from the matter, and speaking more than
was needful, my lord Anderson willed him to
have patience to hear all, and then to an-
swer all.
Then it was shewed, that sir John calling a
Parliament at Dublin, among other matters he
moved to suppress the cathedral church of St.
l*atrick in Ireland ; and her majesty then
sending Letters to the contrary, he used thise
words with a stern countenance, * Nay, God's
woimds, I think it strange she should use me
thus.' With these words the Bishop ofMeatli
was moved, and found fault with his undutiful
demeanour ; and said, he spoke iis though the
kin»;do;n were his own, and not the queen's.
i (> this matter sir John answered by way of
ExcuM\ and said, that tlie abp. of Dublin was
his mortal enemy, and that the reason why he
was iuovcmI to suppress the said (Cathedral
Church, was to have an University erected
thereupon ; but, \\v said he was withstood by
the said abp. becau.se he and his children re-
ceived by ttie said cathedral church POO marks
tt-year : and he said further, that the said abp.
bare him the greater malice, for that the queen's
[1S30
majesty sending her letters unto him for tke
discharging of many idle and unnecessary Pen-
sions, he discharged among the rest one of tbe
archbisliop's sons.
It was then declared, Tliat whereas the office
of the Clerk of the Exchequer was ?oid, and
that Mr. Errington hud made humble suit uoto
her majesty to be preferred to that office, in
consideration of his good and dutiful service;
her majesty directing her Letters to sir John
for admitting the said Mr. Errington into tbe
said oHice, he the said sir John Perrot Uiicd
these undutitul Speeches upon tlie receipt of the
said Letters, < 1 his tiddiing woman troubles
me out of measure ; God's wounds, he $haU
not have the oihce, I will give it to sir Thoroai
Williams.' Tliis was proved by tlie oath of
Philip WilliiuiiS.
Against Philip Williams sir John took excejh
tions ; aBirming the s;iid Williams to be hii
niorlal enemy : and said he was n naughty levd
man, of no credit, and had abused my Lord
Treasurer in a letter ; for the which he said, be
did beat him in his Chamber : and further he
said, he did write to the Master of the Rolls,
and to Mr. Powle, touching the lead and oodiH
tifid behaviour of the said Williiuiis.
Then it was shewed tliat >ir John having
received letters fiom her maitstv, wherein ^he
checked him for divers complaints, liaving ran
the same Letter, he used these uudutifiil
Speeches ; * It is not safe for her maiestv to
break such unkind and sour bread to her ser-
vants ;' he being Lord Deputy, and a ser%'uit
of trust. This was spoken to Pbihp WilUams.
After%vards Philip Williams beii.g his Secre-
tary writing to her majesty in sir Juhn Perrot'j
name, among other things be said, • He wooM
be sacriticed for her ;' which won Is sir Jobn
reading, bad Williams pnt them out; saying.
* He hud little cause to be sacrificed for lier/
addinj^, * 'J'hat he could not forget her e^er
since the time he could not get justice of Iwr.
against some of her guaiTJ, for murdering somt
ot his men.'
When it was bruited abroad tliat the Spa[>-
ish Fleet was in preparation for the invadiau of
England, sir John entering into comniunic^iMti
with Philip Williams touching the said anm.
Philip Williams said, * He hoped God wouW
bless us for her majesty's sake:' whercuuto mt
Jolin Perrot answered, * God's wounds, and vhy
for her sake .? Never the more for ber sake*
Til is was pioved by the Deposition of Williantf.
Here sir John called for Wdliams, that thet
might .speak face to face : whereunto Mr. Ar-
torney (sir John Popham) said, that Williams
was in the Tower in the same state that ht was
and was ia answer to matters of liis Treason as
well as hf.
Then it was shewed how the Queen sent hiin»
I-etter, w herein she wrote very favnurablv unio
liiiu, advising him to look well unto his Cbarj:e.
about the t ime theSpaniards sliould come : where-
upon he spake these words ; * Ah silly womant
now she shall not curb me, she shall not nil*
me ; now, God's lady dear, I shall be ber wbite
13121]
STATE TRIALS, 34. Elu. 1592.— /or High Treason. .
[1322
boy now again ; doth she think to riile me
now ?* — Shortly after Jolin Garland brought a
Letter from her majesty to sir John Perrot,
whereat he conceived great discontentment;
insomuch that he broke forth into these undiv-
tiful terms following : * God's wounds, this it is
to serve a base ^astard piss-kitchin woman ; if
I had served any prince in Christendom, I had
not been so dealt withal.' Here he prayed the
devil might take him body and soul, if ever he
uttered such words, and exclaimed against Gar*
land. Sir John talking with Nath. Dillan^
Clerk of the Council of Ireland, asked him
this question, viz. * If her majesty should be
distressed, dosl not thou think that I am the
fittest man in England to ha\e the keeping of
her body ?' This was verified by the oath of
Nath. Dillan. — ^Talking with the abp. of Dub-
lin in his chamber touching the coming of the
Spaniards, sir John said, ' God's wounds, let
them do in England wliat they can, we shall
do well enough in Ireland ; if her majesty
were gone, we should du here in Ireland better
than Uiey in England should do.' This was
justified by tlie oath of the abp. of Dublin.
Whercunto he said, lie renounced God's
mercy if he ever spake any such words. And
all this, serj. Puckering said, did declare his
malice against her majesty. My lord Buck-
hurst told him that those speeches did shew a
disloyal mind. Here sir John exclaim^
against the Witnesses, calling them leud and
wicked men, and saying he was bought and
sold.-— When sir John Perrot said,' that he
wrote his Letters to her majesty, desiring to be
revoked and called home, and mode suit to sir
Francis Walsinghani to Uiut effect ; Mr. Pop-
ham told him, that when he saw huu curbed,
as himself termed it, by the Council, and that
he could do nothing without their privity ; then
be sought to come away, with an intent to make
himself a ruler in Wales.
Here they proceeded to the Treasons,
Mr. Attorney declared that Dr. Craugh
being a known Traitor, and a man that had
maintained religion from time to time, and had
seduced many people in Ireland, and was a
dangerous instrument to be suffered in those
pans ; and sir John being given hereof to un-
derstand, di^l not use that dihgence in the ap-
prehending of him, us became his place : for
after he had given out warrants for the seeking
of him, then he c^ve out a countermand they
should use all diligence in apprehending of him
in all places, except in the White Knights
country, where sir John knew the said Craugh
to be ; which did manifestly shew he would not
have him taken.
My lord Buckhurst said to sir John, that he
granted Warrants to take him wliere he was
not. Sir John said, there was a God that
knew all; marvelling that he having known
religion these 46 years, should be charged with
fiivouring of Priests and Massmonsers.
Mr« Attorney willed him not to stAJid upon
Religion ; for then, said, he, we shall prove you
irreligious. Will any man of Religion seek to
have men murdered? Will any man of religion
stab a man in the cheek, and afler bring him to
the fire to be roasted, to make him coniess that
he knowethnot,and aherwards hanghim by mar-
tial law? — Mr. Attorney, to provesir Johnof no
religion, further sheweci, that sir John being in
his chamber at the Castle of Dublin, looked
out at the window, and espied sir Dennys
Oroughan, who knew all his secret Treasons, and
willed his chamberlain to call unto him Stephen
Seager; who being come. Sir John commanded
away his chamberlain, and locked the chamber,
and willed Seager to look out at the window,
aad said, Seest thou not one beneath in a black
mantle? Seager said he saw none there; Sir
John said, There is one there*: you see how I am
crost by some of the council here, and he is
going to the North with letters from some of
tlie council to move them against me ; I would
have thee take these letters from him, kill him,
cast him aside, and bring those letters to me.
Stephen Seager hereunto answered, that he
would rob him of the lettei^, but he would not
kill him with his hands ; or if he would give
conmiandment to hang him by martial law, he
would see it done. Whereupon sir John said,
' Go thy ways, thou art a paltry fellow ; I did
it but to prove thee.' This was proved by the
oath of Seager.
Sir John then called for Seager, to speak with
hhn face to face, who justified all tlmt he had
said. — My lord Chamberlain said. Now you see
you bad him kill one. — Then said sir Jolm,
Because he liath sworn it, I will not reprove
him ; it may be I spake such words, but I re-
member it not.
Mr. Attorney said, we have alledsed these
matters against you, to shew you to be a man
of no Kehgion. — Whereat sir John stormed and
was angry ; saying, they went about not only
to make him a traitor to his prince, but a trai-
tor to God ; which, he said, they should never
do. — Mr. SoUcitor (Egerton) told him that all
the Papists desired his government there.
Mr. Attorney tlien declared further, That
one Richard Morrice, a priest, a notorious
Traitor, being a passer from Ireland to vis-
count Baltinglas in Spain, and from thence to
Rome, to confer of Kcbellions and Invasions
for England and Ireland, sir John Perrot know-
ing the said Morrice to be a mtxst dangerous
person to the state, would not give order fbr
the taking of the said Morrice, ns he should
have done : but the bishop of (Jnshell mused
him to be apprehended or his ^wn authority,
and sent him to Mr. Poor, the sherilF, to be
sent lo the Castle of Dublin, whereupon the
friends of the said Morrice told them that
Morrice had better friends than all they had ;
and shortly afler Morrice was discharged, and
ne\'er called more in question. And all this
was aflinned by the Oath of the abp. of Ca-
shell, mid of the said Poor, vivd twctf.— Then
said Mr. AttomeVy that Hidie being a man
that conversed with Craugh, and dealt with him
in his Treasons, told hun that P«or hid a
1323]
STATE TRIALS, 34Euz. 1592.— Trial qf Sir John Perrot,
[15-2*
xtarrant to apprehend him and others : Where-
upon lie tola him, that he could be better
trusted than twenty such as Poor was that
should take liim ; presuming upon the favour
of sir John Perrot. — ^The abp. of Cashell did
complain to sir John that the said Halie was a
notorious Traitor, and thereupon delivered to
sir John Articles against him and others, -and
'desired sir John to grant him a Commission
for tlie apprehending of them; praying him in
the mean time to keep the said Articles secret
until they were apprehended: Notwithstanding,
betbre they could be apprehended, within three
days, the self-same Articles were taken from
one Patrick Young, being a partner with the
said Ilalie in his Treasons; and thereupon they
all escaped.
Mr. Solicitor then said unto the Jiwy, You
see, Ilahe was accused of '['reasons, and .the
Accusations being delivered to sir John in
secret, he sent them to Halie before he could
be apprehended; which was plain Treason.
And tliis was verified by the bishop of Cashell's
Oath. '
The loni Chamberlain said, You ought to
have acquivinted nobody with the cause, until
they had been apprehended. Sir John pro-
tested, and took Gofl to his record he was ig-
norant what was become of him.
Then Mr. Attorney turning to the Jury said,
By this which hath been proved, you may see
how hfe hath always been a confederate and
maintainer of notable Traitors against her ma-
jesty; namely these three, Craugh, Morrice,
and llalie, with others their confederates.
At what time a Rebellion was raised in the
North part of Ireland divers of the said rebels
made rhymes of her nuijesty, wherein they
shewed themselves rebels and traitors, as con-
cerning her birth ; traitors, as concerning her
person ; and traitors to her royal dignity :
which rhymes came to the hands of sir Rd.
Bingham, and the rhymers taken and com-
mitted to [wrison, and one of the said rhymers
sent to sir John Perrot by Wood house. Sir
Rd. Biiiiiham sent thfin to sir J. Perrot, certi-
fying him whut he had done, and prayed sir
John Perrot to write his pleasure what should
be done; with tluin: whereupon sir John sent
him word to disrharire them all. HowlxMt sir
Jliclmrd detained the cliiefest of them in pri-
5on; but sir John aftenvard sent a special
warrant to the said sir Richard to discharge
him, taking bonds of him for iii.s a])pcarance
by a day: All which he confesst-d to he true,
saying, that by virtue of lus patent he mi^lit
pardon them. This was proved to be true by
iVIarhury and Woodhouse, viva voce.
Whereunto Mr. Atttirnev answered, thnt he
could pardon no Traitors to her majesty's per-
»;)n, but ou«;}»t rather to have proceeded in jus-
tice against tlum. And here he willetl the
Jury to consider upon this point.
Sir John then said to Mr. Attorney, By God,
I never s:iw such a man since I was boru, 1
pray you sit down, imd let me speak ; and so
lie turned his talk to Woodhouse, and said he
had spoiled the North part of Ireland, \%itb
other frivolous speeches.
Sir Brian Orurke, a notable Traitor, and
executed of late at Tyburn, about that time; in
a Christmas, disposing himself to villainy, took
down a Picture, and did write Elizabeth there-
upon ; and using the same in most contemptu-
ous and despiteful manner, tied the siune to a
horse-tail, and he with others dragged it in th*
dirt, aftd hacked it with gal low-glass axes. Mi-
nifying how they would have used her majesty
if they had her in their power. This traitorouii
act being made known to sir John Perrot, he
woidd not give order for the apprehending ot*
the said Orurke, to do justice upon him for so
horrible a Treason; whereas he mii!ht have
had him, if he had sent but his horse-boy for
him, and ailer he was known to be in company
with him. To this he said little.
Sir Dennis Oroughan being called to testify
against sir John Penrot, and the l>ook bein^
offered him to swear, Sir John said it wvis uu
matter whether he were sworn or not, for hij
word and his oath were all one ; for iliefe was
neither truth nor honesty in him. — My lord
Buckhurst said he must be sworn, for it was tor
the queen.
The said Dennis Oroughan told ISIr. Poor
that he had been in Sp^in, ajid had brousht
letters from viscount Baltinglas to Feugh Maik-
heugh in Ireland, and divers others; and i>aid
that he had news to tell the lord deputy, that
would save the queen 100,000/. Poor dis-
covered this to sir John Perrot, aiHl Dennis
was committed to prison in the Custle of Dub-
lin.— Sir John knowing that Dennis was io
prison sent tor him, to come unto his bed-
chamber, where he hud conference with him,
and told sir John he had brought him a letter
fmm viscount Baltinglas in Spain. — Sir John
demanding of Dennis why he gave him not tlif
letter at his first coming out of Spain ? He an-
swered. For fear of l)eing executed, as onr
doctor Halie late wjis: and he sent a letttrand
a token to his wife, that she .should bring him
thesame which was in a b«»N ; which letter and
box Margaret Lea nard, wife of sir Denm>, did
shortly after dt-livtr to sir John Perrot in hi«
bed-chamber. For proof whereof one Ritf
Thomas and Margaret JA'anard both deposed,
tliat the said letter was <lehvered to sir John
PtTrot as declared. Feugh Mackheugh*» wile
atiirmcd, that Dennis brought her husband a
letter fnmi Baltinglas in Spain — Now Dcuuiii
being known to have had confert-nce w ith a nota-
ble Traitor in Spain, and to bring two uotabic
'JVaitors into Ireland, aufi cominitttHl to theCa:-
t\v for Treasrm, was neverthelt >'^ stt at libt-rty
in the <ii>lK', and hat! atccss to -^ir John eariy ;
and tluy .sat for a lt)nii time t«)i;t'tlier,andheh:Mi
hi> meat and drink in the pr^rtt r*> loi!i[f iii ?ht'
with<h;iwing < liamher. next tt) hi'» brd-t t!aint'« r,
and other |)la(*es, and crtnnnandnunt to have
wiiif and whatsoever he wanti-d,and had api>
vate way Io his be<l-t*haml»er. This tlid .sir Dtunis
testify himself; to wliom sir John ^•ud, A nii*-
chicf on thee, I pray God ! Woe be to the iaat
1525]
STATE TRIALS, U Eliz. 1592.— >r High Treason.
[1326
that e\er thou went born, or that ever I saw
thet* ! One John London also justified, that the
said Dennis had the favour and maintenance
of sir Jolm Perrot for half a year together.
Here sir John Perrot being pressed by the
queen*s Counsel, said unto them, No one man
can answer sucli three grave learned men as
vou are; you cloy me now I cannot speak. —
Then said mv lord Buckhurst unto him, Truth
will answer itself, and innoccnc^ defend itself.
—Then my lord Chamberlain said, That never
was any man that came to that place dealt
withal so favourably as he was ; and greater
men tlian he have not had that favour, as to
brinj; their Writings and letters with them.
Then sir John said. He thanked God and
the Nurse of Mercy, tlie queen's majesty, whom
he adled the Handmaid of Jesus; and said, he
always carried so reverend an opinion of her,
that had she not been a queen, he would have
made her one, if it liad lain in his power.
Then was touclied the extreme Midice sir
John shewed against the Cavener: and the
better to execute his purpose, sir John found
means that the Cavener should offend the law,
by making an escape out of prison ; and so
being escaped, was after taken and hanged.
This matter being urged against sir John, he
*aid, You win men's lives away with words.
My Lord Chamberliun said, I fear me the Ca-
Teller's blood will light upon you.
Now sir John Perrot began to discredit the
Testimony of Dennis the priest, saying he liad
changed his religion five times in six years;
and he did counterfeit himself a regish bishop.
The queen's Atiorney then said, If he were
so leud a man of his life, I marvel you would
commerce with him, and repose yourself so
luurh upon his honcBty. — A man of no religion
can be no Witness, said sir John ; he is a sor-
cerer and a witch. To which he was answer-
ed, If he were so defiuned, why did you favour
him so much ? How numy pardons have you
given him ? It was said he had iiivcn him two.
Sir John proceeded against sir Dennis, and
said he had counterfeited his hand above eight
times ; was a (oniinon drunkard, a common
liar, and had been forsworn a thousand times.
The Attorncv then said, If he were the worst
man in tlie world, yet was he worse for sir John
Perrot.
Denni*) was then called again, and said. That
gir John delivered him two Letters to carry to
the king of Spain, si;:nifvi»g that he would be a
mean to lulp him to Ktii^land and Ireland, so
Jie midit huNc WaU-s : hut he would have it as
the princes of (jei-mjn-.y have their dukedoms^
that i^ jure rigio^ to be a prince and lohl hini-
»elt', and not to depend on any other. And
berevvjthnl hv fl<^livercd to the jsaid Dennis 50/.,
and so the said Deunis depurttd to Ross.-*-The
fcHid I)t nnis did farther swear. Thai sii^ John
Perrot ancl sir Orian Orurke were confedenites
tOL'ether in the parliament ; and that each of
thf'jn swore to otlier to further the king of
^puin in the action of England.
fljiic tir Jolm Perrot yvaxcd hot against sir
Dennis, and said^ He was a lousy villain, and
a rogue, and had the pox upon him.
One Francis White, and others of Ross, said,
that true it was that the said Dennis was at
Ross, read)r to go for Spain, and came to him
to change silver into gold; but after fearing and
suspecting some body in the ship, he would not
go himself, but procured one Davie to carry
the said letters mto Spain, with great charge
for the safe delivery thereof, and gave him five
pounds for his pains. It was further declared,
that sir John having conference with sir Wm.
Stanley in Ireland, sir John wished him to re-
volt, assuring him that the Irish-men would
hve and die with him. Sir Wm. Stanley going
from Irelmid, to have 1600 men for the Low-
Countries, Feugh Meckheugh, being a known
traitor, brought him certain men, and bad his
men do as sir Wm. Stanley would have them
to do, whether it were right or wrong; and
thereupon they shook hands and parted. — To
this sir John Perrot said, If Stanley be a Trai-
tor, what is that to me ?
It was proved that sir Thomas Williams seni
Letters from Ireland into England, to sir John
Perrot, witli strict charge given to the bearer
that he should deliver them safely to his own
hands ; and made them to be sewed to the
lining of his doublet within his bosom : which
letters were delivered to sir John Perrot at
York house. — Jolm Burgh of Abson had con«
fercnce with sir Wm. Stanley at the Groine,
who amongst other speeches asked him what
places in Engl^nd were fittest for landing, if
the king of Spain should invade England again ?
Burgh answered, Portsmouth. Sir Wm. Stan-
ley disliked of that, saying he knew nothing,
but rather thought Milford-haven the fittest
place ; affirming they should find better friends
in Wales than the queen had, and some of them
were near the queen. — Letters were sent from
the duke of Parma to sir John Perrot by one
Browne, and an Ai^swer from the said sir John
to the said duke by the said Browne, to whom
the duke gave a bark. It was likewise proved
that he sent letters to sir Wm. Stanii'V. When
sir John Perrot was to come to England, he
went al>out to get a pardon for all his actions
before he would come over, wherein he shewed
his guilty conscience.
Here the queen's learned Counsel prayed
the Jury to consider well of tha^ which hail
been said, and willed them to go together.
Then sir John Perrot willed them to consider
their Charge, and have a conscience in the mat-
ter ; and to remember that his blood would be
required at their hands, if they dealt further
than their conscience did warrant them. Then
the Jury departed from the bar, and within
three quarters of an hour relumt^d to the bar;
and being demanded whether the Piisoner
were guilty or not of the several Treasons
comprised in the Indictment, they iuiswered.
Guilty.
Tiien seijeant Puckering in the queen's name
betzaii to pray Judgment; and sir John Perrot
detured must hiuubly tlwt he luight spi^ak wixU
1527] STATE TRIALS, S4Eliz. 15»fi.— TVw/qT&V JoAn I\rrro^ [1S2§
some of their lionours before Sentence should
be pronounced. Whereunto they condescend-
ed, and commanded he should be brought to
talk with them in the Chancery ; where after
some communication had among them, they all
repaired to their places, and sir John came to
t\ui court of KingVBench being with them,
and Judgment was stayed, until her majesty's
pleasure were further known. Then was the
Court adjourned to the ^nd of May ; and so
the Court ended, and every man said, God
have the queen !
For the better understanding of the afore-
said Arraignment of sir John Perrot and the
Judgment tliatfoUoweth, it is to be known that
at the time of his Arraignment, being the 97th
of April, anno 34 Eliz. Mr. Puckering was
the queen's serjeant at law, Mr. Popham the
Attorney Genend, and Mr. Egerton Solicitor.
But before the day he was brought to re-
ceive Judgment, her majesty's said learned
Counsel were removed as foHoweth ; that is to
•ay, Mr. Puckering was made Lord Keeper of
the Great Seal; Mr Pophnm L. C. J. of the
QueenVBench, and Mr. Egerton Attorney
General. This making and removing of OlB«
cers was done at the court of Greenwich on
the 28th of May 1592. My Lord Keeper went
to Westminster to take his oath very honoura-
bly witli lords, knights and gentlemen, on the
4tn of June 1592, and that day sat first in the
Chancery. And on the 8th he first sat in the
Stan-Chamber.
On the 20th of June sir John Perrot ap-
peared l>efore tlie Commissioners; who were,
the Lord Chamberlain, the lord Buckhurst, sir
Robert Cecil, sect-etary WooUey, Mr. Fortes-
cue, the L. C. J. of the C. Pleas, justice Gaw-
die, justice Pennel, Mr. Rookesbie, one of the
Masters of tlie (jouri of Requt^sts.
First the said sir John Perrot that morning
was brought in a coach from the Tower (o the
Old Swan, and thence conveyerl by water to
Westminster-brid"e. Between the hours of 8
and 9 he landed at Westniinster-britl^e, and
\vas brougiit. into Westminster-liall, bemg ac-
comp'.inied with Mr, Crooke, son-in-law to the
Lieut, of tlie Tower, on his right hand, and
Mr. Blunt, son to the Lieut, (m his left h'<md,
and being strongly guarded by divers of the
yeomen of t^kv guard, with halberds, and the
lieutenant's men with weapons all round about
him : and in that sort he was brought up to the
Qu€»en's-bench bar, wliere he stood for a quar-
ter of an hour bare-headeil, expectijig the com-
ing of tJie Commissioners. But Mr. Rookes-
bie, one. of the Commissioners, wsis sent, who
had t<iken his place before the coming oi' sir
John Perrot into the Hall, and tarried for tlie
coming of tlie rest of his associate's. — 'Ihe said
sir John Perrot was clothed in a doublet and
hose of black sattin plain, and a cown of
wrought velvet furred, and a s<iuare or flat
crowned black felt hat, with a small band, and
a plain white rutf. The said Mr. Crooke and
Mx. BluDt supplied the room of the Lieutenant,
for that he was sick, and could not be there
in person.
Divers of the queen's CrAnmissioners, and
her learned Counsel being come to the Hall,
staid until the coming of the Lord Chambei^
lain, at whose coming they all took their pUces
and sat in 'pidgment. fhen an O-yes wii
made, and tne Lieut, of the Tower odled to
return his Writ, or Warrant directed unto him
for the bringing of the prisoner forth. * Then
Mr. Crooke having the said Warrant, which
was written in parchment, and having four or
Hve seals of red wax annexed to the same by
slit labels, delivered in the some to the Court ;
and humbly craved that the lieutenant might
be excused for his absence, and declared the
cause thereof. Whereupon Mr. Sands, Clerk
of the Crown, taking the said Writ, and tam-
ing his fiace to the Lord Chamberlain, read the
return thereof, being in Latin, the common
and ordinary return of an Habeai Corput.
Then Segeant Snagg for the Queen, being
one of her m:nesty*s learned Counsel, mored
the lords to this eflfect, That whereas sir John
Perrot was before that time indicted of Treiwn
and arraigned, pleaded not Guilty, and put
himself on the country, who found him guiltr
of High Treason, therefore he prayed, on her
majesty's behalf, that Judgment might be given
accordmgly.
Then SandSf Clerk of the Crown, spake anto
sir John, saying, Thou hast been heretofore in-
dicted of High Treason by the name of John
Perrot late of London, knight, and being there-
upon arraigned thereunto didst plead not Guilt}';
and didst put thyself upon the country, who
found thee guilty of Hign Treason : wluit haA
thou now to say for thyself, why thou sbooldst
not have Judgment to die ?
Sir John making low obeisance, answered;
first, whether he might be permitted to take
any Exreptioii against the Indictment, and H
he might, tlien he requested he might be there-
unto permitted.
To this the L. C. J. Anderson aiisvi'ered, be
might not be pennittcd.
l*hen sir John made a Protestation of a qua^
ter of aa hour long, wherein he included tht
mercy of her majesty toward him, extolling htrr
to be the only Mirror of Mercy of all the prince*
in the world ; and said, Gtxl forbid that erer
his heart should imagine Treason, or utter such
unrevert»nd speeches of her sacred mijftty,
who had exalted" him so highly from the cstatr
of a gentleman, and of whose bounty and pTr
cious favour he h:id so liberally tasted; i»u(
complained of the hard and false deidings ot
the witnesses towards him in thi^se causes, whis
he said, falsely, maliciously, uud pe^uriou<lT
accused him ; but said he found no fault in ^
proceedings of the law, bu^that he had fnod
and orderly proceedings therein : and Uko
again extolling her majesty's (^at mercy md
favour towards him, protested liis innucenry in
the cause to be such, that he forsook Cm*
mercy and his Saviour's merits, if ever hennX
any treason or treachery to^iunls that gtidotf
1329]
STATE TRIALS, 3^Eliz. ISQi^.-^or High TreoMon.
[1550
quee9 Elizabeth ; and said, that he knew iier
majesty's great clemency and mercy towards
him proceeded from her majesty's own heart,
,.by the mere providence of God, w ho knew his
innocence in this cause, in staying liim so ionji
from judgment, which he afli'nned to be now
aix times ; especially after such heinous mutters
beine proved against him, but, as be said, most
^seTv and untrue.
Whereupon my Lord Chimiberlain conceiv-
ing these words to tend, that her majesty had
•o long deferred Judgment, being persuaded
thereunto of his hmoceucy in the fact, and that
her imyestv was persuaded tlmt he had been
hardly dealt withal, and unworthily co*ndemn-
ed : wherefore my Lord Chamberlain said, he
was nmch to blame to use any such .speeches
Co that end or purpose ; and said. That the
conceit of his innocency was not the cause her
majesty deferred Iiis Judtpuent so long; and
used very vehement Speeches agamst the said
air John ^errot in that point, saying his Trea-
sons were most manifest and apparent, and for
Iiis Trial he received more favour than any
other Traitor that ever he saw, and there were
more Witnesses of liis own men and others
than ever he saw against any otlier Thiitor.
Whereupon sir John suid, I pray your lord-
ahipT interrupt me not ; for the ix>rd Chamber-
lain began these Speeches in the midst of sir
John's matter.
Then said my Lord Chamberlain, You must
be interrupted in this point; and proceeded
more vehement and earnest against him than
before.
Sir John Perrot prayed his lordbhip not to
misconstrue his meaning, and said he meant no
such matter touching her majesty's conceit of
bis hard usage, as his lordship took his words
to be : for, said he, I can recite my words
again, which in effect were, that her majesty
being the only prince of mercy, had dealt with
lilm most graciously, in forbearing thus long
with him for his Judfgment.
Mr. Egerton, now Attorney, then stood up,
and directing his Speeches to jny Lord Cham-
. berlain and the rest of the bench, said, he had
thought to have mov^ their lordships touching
%vt John Perrot's Speeches in that ^oint, wliich,
as he said, were by protesting his mnocency to
seduce and deceive the audience to think him
inoocent, and not ^ilty of Treason, and that
he had been injunously condemned ; whereas
it was most manifest that he was most justly
condemned of most heinous Treasons ; and
that in his Trial he receive^ most favourable
hearing.
W hereunto sir John Perrot replied and said,
Mr. Attorney, You did me wrong now, as you
did me before. I never did you wTong, said
Mr. Attorney. You did me wrong, said sir
John. Instance whereio I did you w ron^, said
Mr. Attorney. You did me wronc;, said sir
John. - I never did you wrong, said Mr. Attor-
aej. All these Speeches were spoken with
great vehemency each to the other.
My Lord Buckhunt directed hit Speeches
towards sir John to the like effect, touching his
Guiltiness and Trial, as my Lord Chamberlain
liad said before ; adding further, That whereas
he went about to persuade the audience, that
the cause which moved her majesty to defer his
Juds^ment, washer conceit ot some hard pro-
ceeding against him at his Arraiti^iinent, wnicli
was not the cause indeed, that therein he did
injury to tlie Judge, Jury and Witnesses ; and
said It was very evilly done of him, to utter any
Speeches to any such end : saying further, that
my lord himself had been^t and upon the Trial
of divers Traitors before that time, far sir,
John's betters, and said he had seen divers Trai-
tors condemned .of Treason upon a tenth part
of the evidence that was against him, and yet
justly condemned^ of Treason ; and you, sir
Jolm, are condemned justly of a mass of Trea-
sons ; and the said lord said, in liis conscience
he tliought him guilty of most heinous Trea-
sons, and that he was worthily condemned :
and he said also, that divers and sundr) wit-
nesses very suthcient had proved Treason
against him most manifest ; and said withal, sir
John, would you have all these, being so many
in nmnber, as testified against you, to be all per-
jured, and you only believed ? No, no, it is
not possible to be true, neither will any man
believe it, Sir John.
My Lord Cliamberlain spake ajzain and said.
There had been thirty Witnesses produced
agiiinst him at his Arnii{;nment, who proved
Treason acainst him ; and that he was a Trai-
tor worthily condemned of Treason ; and said
he never saw luiy Traitor have such indifferent
Trial, and such sufficient proofs produced
against him : adding further, that he might
speak his will, but no man would believe him ;
and that he liad spoken much already, but not
a true word of all he spake.
Then sir John alledged that the matter was
set forward and follov^ed by liis enemies in
Ireland, and that he was condemned by Irish
Witnesses all, and that no one English Witness
had proved Treason against him. My Lord
Buckhurst said. He had both Irish and Eng-
lish Witnesses, and those his own men. Sir
John said, It was more tlian he knew. Sands
said, Philip Williams was an Englisluimn. Sir
John Perrot said, lie proved no Treason : and
.further he said, That the Irish Witnesses had
no respect of an oath; and that for a small
vidue, a man might procure a number to swear
any thing. And for proof thereof, he appealed
to some of the bench that had been in Ireland,
and threw his hand towards Mr. liookesby,
that they knew the same to be true ; he also
said, that God would plague the prosecutors of
this cause ogainst him for their corru^a dealing
therein.
He also, with sreat protestation in the midst
of his Speeches, utterly denied that ever he in-
tended or meant to niurder any man, as he
falsely accused ; and said, that now lately
was
he had found among his Writings a letter of
tliat wicked felloii^*s that accused liim thereof,
Stephen Seogery and he said tliat he had that
4a
1S5I]
STATE TRIAI-S, 31 Eliz. 159'2.— TrW of Sir J<Jm Paroi, [1 532
Letter about him to prove his Testimony fuNe.; [
and ttaid that ihut mnttlT grieved him more
than any other matter, lie also with great
protestation denied that he was ever a Papist
in heart or soul, or ever favoured any of thein,
but was of a hOund Religion tliese 45 years,
ever since the 2nd year of king Edward : and
for trial thereof, he' referred himself to divers
there presejit, that were old Parliament-men,
of his Speeches touching Religion in divers Par-
liaments.
My Lord Chamberlain answered him. That
he was not charged for murdering or intending
to murder any perso^l, although the same was
' proved to hifi face by his own man. Sir John
said, Although the same was not objected to
his Charge, it was laid open against him to
make him infamous to tlie world, which grieved
him most of all ; and said, that Seager in tlie
end denied it again. My Lord Chamberlain
said, he denied it not, but justified it to his
face.
Sir John said» that Senger said sir John told
him that he did it but to prove him what be
would do.
Then Anderson, L. C. J. of the C. Pleas,
ftsked him whether he had any thing, to say in
arrest of Judgment ? Sir John answered. Seeing
it pleased God and the queen h« should come
' to that pass, he had nothing to say, but humbly
submitted himself to the law and tbeir lordsliips.
My loi-d Anderson then asked if he had the
queen's Pardon ? Then he said, he had no Par-
don.
1 hen my lord Anderson proceeding to pro-
nounce Judgment, bejran with a long discoutse,
reciting divers good Mossings of God upon this
realm, namely, the establishing of true Religion,
and to be governed with so gracious a pnnce,
and many other good blessings of God bestow-
ed upon us ; yet notwithstandina:, divers wicked
and traitorous persons, discontejited with the
state,- had practised divers and sundry treasons,
which by the great and mighty Providence of
God, had been from time to time revealed.
And omitting divers foreign Treasons, many
treasons liad been practised here at home ; nna
said, That he himself had been at the arraign-
ment of divers, as namely of Babington, Abing-
ton, with others ; adding, that the Treasons of
sir Jolm Perrot far surpassed them all, most
wickedly conspiring her nmje*it}'*s death and
deprivation, and invasion of this realm by fo-
reign enemies, and taking in the Spaniards, to
the destruction of so manv thousands of good
and natural subjects. lAiri Anderson consent-
ed with the two other lords, that he was worthily
and justly condenmcni of 'IVeason, of good and
suilieient pn>of : and said, that at his Arraign-
ment he had indilVerency with favour, and com-
mendi'd the goodntrss and substantialuess of
tlie Jury that tried Inm at his Arraignment.
And then he pmceeded to Judgm'ent, which
Wits by him pronounced to this etfect : * That
he should be carried by tlie Lieutenant of the
Tower, to the Tower, which was the plat:e from
whence he cwaae, and tinom thence to b« drawn
upon a hurdle tlux)ugh the city of London to
the place of execution, and there to be hanged,
and to be cut down alire, and his boweb and
privy-members to be cat off, and cast in the
tire in his sight, his head to be cut off, and his-
body to be cut in fofir quarters, to be disposed
at the Queen's pleasure, and God have mercy
upon thee.'
Then said sir John, Seeing it pleased God
and the Queen that he should be thus judged,
his life stood in her majesty's merciful hands,
whose life he wished, and prayed God that it
might be three times, yea five times as long &&•
she hath lived already ; with divers other good
and godly wish^ to her majesty : and he prav-
od God that among her subjects tlie innocent
lambs might be known from the scabbed gotts;
and if the living God who knew his innocencr
would put it into her princely heart to be merci-
ful unto him for his life, tliat he would, as
always heretofore h^ did, serve her majesty
most faithfully against her malicious enemiei ;
yea and to stop tlie mouth of a cannon, sad
fight against the dogs the Sp:miards ; and itid
he knew her majesty to be the Fountain of
Mercy, and wished that utter destruction mighi
ensue to him and his proceny, if ever be meui
Treason against queen Elizabeth : which very
words he Uttered and wishe^ divers timet l»>
fore and after ; and said, that shortly God
doubtless woukl make manifest his immococT,
and that to her majesty and the worhL— lie
also said, that he wished not now to live, by ret-
son of his infamy in his country, and that hii
name and blood was corrupted, which had
been of antient continuance, and never bcfcit
tliat time spotted : and said. Woe be unto me
that am the first of my house and name that
ever was attainted or suspected, and shook bi»
hand : and having a camution in his hand, he
said, I care not for death the value of this
ilower, I fear it not ; and wished that he had
never offended God more than he had offended
the queen's majesty. Which words he pro-
nounced contrary at the first, but presentlj n-
fomied them. — Then he declared he had ca-
tain Petitions, which he humbly desired their
lordships to move her pmjesty in on his behalf.
The first Petition was. That it would please her
majesty of her abundant mercy to pardon his
life, that he might have a better room, for his
lodging was a short chamber, only room for htf
bed and a table, and that he never went out ct'
doors, nor had any .air to comfort him.— To
this my lord Chamberlain answered. That the
room was such as was fit for such a man as he
was. — The second Petition was. That he nitfht
have a Preacher appointed unto him, and thst
he might be permitted- to receive the Sacn-
ment, which he said he did not since his coB-
mitment to the Tower, but said he received thr
same in my lord Treasurer's bouse. — ^To tha
Petition my Lord Chamberlain answered. Thai
he never heard that he desired or wished aif
such th-ng before, which if he had, il n^
have been granted him. Sir John Penot md,
that he bad requested the Lieateoant kf ^
19S3]
STATE TRIALS, 43 Eli z. 1600.— /or J/;vA Tirown.
[1334
same twenty times ; and said. Here is a man
that knoweth the same, meanini^ and puinting
at Mf. Crooke, standing next bim on kis right
\umd : which thing Mr. Crooke voluntarily and
without asking disavowed ; iuid said he knew
no such thmg. Then said sir John, Mr. Lieu-
tenant well knoweth it, and will confess the
same.-- My Lord Chamberlain siiid, he should
have his Petition herein uranted : And that
they^ the Justices and Commissioners, hud au-
thority to grant the same without moving her
maiesty therein. — ^The third Petition was. That
if he should suffer death, that then their lord-
shipi would be humble suitors to her maiesty,
that seeing he was a eentleman bom, and that
he had been advanced to place and calling by
Jier majesty, and served her mtrjcbty in mace
of (lonour, he mi^ht die a gentleman *s deatli,
and be spared from drawing uu'ough the streets,
JUid the rest of the Judgment ; and said, he was
a gentleman of ancient descent, and but a
centlcman. — The fourth Petition was. That
loey would move her majesty to he good and
gracious to his son, meaning sir Tho. Perrut,
and that they would put her majesty in remem-
brance of her gracious promise made unto sir
Philip Sidney and sir Tho. Perrot, that her
m^esty would be good to them ; especially
chat her majesty would be good to thiit virtu-
ous and gracious lady my lady Dorothy : and
Chen said, that be never received any penny of
htr marriage, nor ever assured her any jointure.
Jar which he was now very sorry ; and said,
that something moved him so tx) do, which now
crieved him very sore. — He also said, tlwit he
£ad made estates of his lands, a dozen, sixteen,
and twenty years past ; for that ho hurl chil-
dren by divers venters, and that he would hive
his lands to remain in his name, and now he
had but one son, tiie other haviiu; died in her
majesty's service. He said, Peradventure holes
may be now found in tl^c same * therefore lie
■gain requested tliat their lordships would move
her majesty to be good to his son and hii wife,
and as he neard to a little son which they had,
and which hereailer may do her majesty ier\'ice.
He also oftentimes protested with great pro-
Cestation that he never meant evil, and wished
oonfusion to him and his posterity if he were
guilty of Treason. And ithe were, he utterly
renounced tlie merits and mercy of his Saviour
Jesus Christ. And then speaking to my Lord I
Chamberlain, said, he excepted liis lordship, for
tiiat he sat Conunissioner for her majesty, other-
wise he was as true a subject iis any in England
whosoever; and herewith clapped his hand
upon the bar mightily. AikI hs he was depart-
ing from the bar, he returned again towards the
lords, and said, he could not di^pend 1,'200/. a
year, cdthouv;h it W4is bruited he could dispend
many tlioi^* mds. He also made mentioh he
was m debt.
I'he^i was he conveyed away from the bat in
the same manner he was brought thither, and
bi'oui>ht by water ti) tlie Old Swan, for that he
could not slioot tlie bridge, and all the guard
and others attending him In wherries; and trom
the Old Swan he was conveyed in a coach into
the Tower, as he was brought from the Tower
to Westminster that morning. He also sermed
in )us speeches to refer all things to God, who,
as he said, best knew the secret of this caase.
Again and very zealously he wished and hoped
that all things should behy him made manifest;
and in all his protestations and speeches refer-
red him and his to God alone.
Then the Lords and Conunissioners sitting a
little space after sir Jo}m*s departure, ^d until
he tooK barge, an O-Yes was made, and the
Commission of Oyer and Terminer was deter-
mined by ProcJamation made in tlicse words
following : All manner of persons of England
and Ireland, that had any thing to do before my
Lords the queen's majesty's Justices of Oyer
andTenniner in this present cause, may depart
hence in God's peace, and the queen's majesty's,
and keep their day a<:;;un upon a new summons^
for my lords the queen's justices do determine
their coniniission ; and then tliuy all ci ied, God
save the queen ! Amen. I'hen my lords arose,
and it was at the stroke of ten of the clock at
niglit.
Afterwards the queen began to be appeased
towards him, and was often heard to applaud
that Rescript of Theodosius, Honorius, and
Arcadius: * If any person speak ill of the em-
peror through a foolish rashness and inadver-
tency, it is tu be despised ; if out of madness, it
deserves pity ; if from malice and aversion, it
calls for mercy.' But w}iilc he thus had hopes
of his life, he fell sick, and died in the Tu^vef
in September following ; but the queen granted
his desire, in suffering his c^tate to go to his son^
who had married tlie earl of Essex's sister.
70. The Trial of Robert Earl
Southampton, before the
Treason : 43 Eliz. Feb. I9,
A SPACIOUS Court was made in Weitiuin-
•ter^hali, where the I^ird Treasurer Buck hurst
9at as High Steward of England, under n caito-
py of state ; where siit also about the tal>!(>, tlie
carls, baroos, and judges of the land, according
10 their degrees. Tlic Judt'es were these; the
L. C. J. Pophom^ and the L C. J. Anderson.
of Essex, and IIkxrv Earl of
Lords, at Westminster, for High
A. D. 1600.
llie L. C. B. sir Win. Periam. Justices Gaw*
die, Fonner, Wahucslev, VVarburtOii, Kings-
mill, and Mr. Baron Clarke.
These sat all in th'-* Court next the L'lr, be-
fore the High Steward, seven Serjeants at Arms
ctmie in with maces before tlie High Ste\%-ard,
and laid them down btiure him m the Courts
I'JSJ] STATE TRIALS, 43 Eur. l600.—Earla i^ ^xi and SouthampUm. [ISJfl
tailed, the Mrl of F-mci laiixhpd upnn th* «H
of Soulhumpton, nnd .iofg;c<l liim by his sletvt.
IliL-ii ih^ were Liiliwi W hnlii np their handi
at the bur, nhich ihcy liid. And then ihr
Clert of Ibe Crown read ihp IndictmeBB.
That hciiiB done^ thfy wpw bid to hoM up
their hands agtun, whidi they diiJ, and uiothtr
Indirlment wni rciid, whcruanto iVie eiH of
Essex wns nttenlive. After nhirh, the Clnk
of the Crown nsked them, whether ihej *•«
Guiltv, or not Guilty: tliey pleaded notOniltTi
and For their Trials theyput theintelvcs upm
God nod tlieir peers, "niey spake this ttxrr-
nlly. llien my Lord Hifth Steward in « ftw
wrmls gBvc the peprs a Charge, requiring thnn
to have n due regiud of their consciences
Then Begi'unt Yelyerton opened the Eri-
denif, ^heWEll "tSe efleet of the Indiftmnii,
held it in hii hand, aiid iuid as foltoweth :
" Mtty it please your gmce (speaking to the
Ilicii Steward), about the dth nt Feb. last, nj
loni of Essex (there Prisoner at the har)weDt
about with armed menver^ relielJionsly todis-
iiih.iit the ijiietnof her cromn and (lignitTj
nhich nlu'n it caine to her ranjestj-'i ear, Se
of her BlKiunding mercy sent to see if it rtn
possible to stop KeMfion : and who did At
send ? SIk' sent (my lord) nn worse personi
thiiii my Lord Keeper, mj L. C. Justice of
Kncliuid, the earl of Wonesler, and sir Wm.
Kuowlcs; oil which went in her majesty'i
name, and coinmnitded the earls nnd their sd-
hereiits very strictly to dissolve their Auent-
bties, nnd to hy down their Arms. But he
knnwhif; it, very Irearhcroiudy imprisoned the
suid Lord} nnil' CounseKoRt by hermajeitya
and altofjetlier refused her majesty's i
The king at Arms stood on the nnr side of tjie
High Steward by his chair of v>(:Ue, and luie of
her majesty's i^cnllemen nidii'm uith his while
rod iu liis hand im the other ^ile. 'Ilie Clerk
i)f the Ctowo and hh as-iistHiit sat before hiin,
to read the common Indictments nnd Exnmi-
nHiions. The Captain of the Guard (sir Wal-
ter Ralciph) and forty of the queen's Guard
were there to attend the service. Tlien the
Seiieniit at Arms made three ©■yes ! nnd Tro-
cltfiiialirjn, 11iat tlie Lord Ki)!li Steward of Eni;-
Lind couunimdei' silence, and to hear the Com-
mission rem!, upon pain iifimiirisonmcnt. Then
thu (.^iirrL of the Crown read the Commission,
whircuntu the earl of Essex was very attentive.
Another l'roclam:ition was made, That the Lord
High iitewiird of England commanded all Jus-
tices lo whom any writs had been directed for
this service, to bring them in, and ceitify the
lame. Another I'rocliuiiotion was made by a
Seijeunt u Anns, Tliat tlie Lieutenant of the
Tower iif l./nidoii should reinrn IiIk Precept,
titid brin« forth, his prisriner,, IloliGit earl of
Esecx, and Ilunry rarl of ^uthsmpti ii.
Then t]ie Lord High Constable of the Tower,
the Lieutenant of the Tower, and the gentleman
porter, who carried the ax befbte llio prisou-
ers, ramp first in, and the prisoners fiilluwed
and made Ihrir iippearimce at the l>ar, the gen-
tleniun porter with the ax standing bsliire tliem,
with the ax's edge from them; and so the lieu-
tenant delivered his Precept into tlie Court.
Tlie two earls (wluch were prisoners) kissed
one nnolhcr'a hands, and cmbniced each other.
Anbther I'mclumation was made. That the
Serjeant at Arms to the queen's majesty d«
turn his Precept of the Names of ail tlie peers
of Hubert carl of Essex, nnd Henry carl of
Sonthiimptnn, the whirh lie delivered into
Court accordingly. Another PmcLunaiion
made. That all eai^, viscounts, and Inirons, of
the realm of Jin);land, uhirJi were peers of Ho-
kcrt e-.irl of Ewsex, and Ilenry earl of South-
iimiiton, mid suiiimoned to appear tliis day, do
make answer to their names, upou pain aii<l
peril that will fell thereon.
Tlien the Lords were culled, and answered
nnd appeared as followeih: Edward earl of Ox-
ford, Gilbert earl of Shrewsbury, Wm. earl of
thereby putting W
majesty's ciiunril in tear of their live; aad
withal, led llicin with sir Jo. Davis to keep
safe, Le>t they themselves shoidd miscarry in the
city. Hut, my lord, I must tell yim this by '
tlie way, tliat my loij of Essex can no way ex-
cuse nor sliadow this his rebellioiis purpose,
nor turn Ids actions to an v other intent: fin
the sendint^ of Temple his Secretary into Lon-
don tlie night before, manifesteth his deter-
mination, without Scruple or question ; for br
that means he was in hopes to have had ih*
belli of the citizens, her majesty's mo^t lonl
and loving subjects! and lie used not only his
best eiidenvottrs to strengthen himM^lf nhroad,
but also fortified liia house at home with stnxf
defence and ammunition; all nhich weie
tokens of his inclinations to a sudden and bd-
expected Hebellion, and. Here confimied in dw
opinion of all the world, n lien be Hitfastood
divers of her majesty's subjects standing in ber
bi^ness'A riglit, and deUnce uf her peace,
agninst him and his confederates. Good m*
lord, I beseech your grace, nnd you my kmn
that are the peers, to undvistund. That if mj
man do but intend the Death of the king, it a '
death by the law: for he is the liead of die
Commonwealth, and all his subjects as mem-
ben oi^ to obey and utniid ttiih bim. fiat
1337]
STATE TRIALS, 43 Eliz. IGOO.^for High Trtasm.
[I33S
ms for this RebeUion, being duly considered, it
contains in it many branches of Treason, in-hich
are and will be directly proved : which being
found to be so, ray lords, who are their peers,
are to find them Guiltv. Hereof need to be
made no doubt, for it is more -inanifest than
'the sedition of Catiline to the city of Rome,
and consecjuently England is in no less danger ;
for as Catiline entertained the most seditious
persons about all Rome to join with hioi hi his
Conspiracy, so the earl of Essex had none but
tors and abettors in their capital Rebellion
•gainst the whole estate of England. My lord,
I much wonder that his heart could forget all
the princely advancements given him by her
majesty, and be so suddenly beflinted, as to
turn them all to rebellious ends ; but it seer^s
this overweighing a man's own conceit, and an
tify himself against the prince's power, must
nc^ds be within the compass of Treason. And
by your favour, my lord of Essex, I will now
speak a word unto you, for I know you can
speak as well as any man ; that whereas you
say the law of nature compelled you to do this,
which in judgment you have, though most trea-
cherously attempted, I will in a word disprove
your own judgment, admitting you must make
that freely your argument. Ist, I will open the
Quality of your llebellion ; 2dly, the Manner
»utj jQuali
Papists, Recusants, and Atheists for his adjii4 p* it ; 3dly^ I will touch the circumstances ;
and, lastly, I will observe the Person. The
Quality hath High Treason ; for which I think
I shall not need to say any more. For the
Manner of it, I hold it an uimatural act for a
natural subject to commit Treason against hit
natural sovereign ; and methinks it cannot be
by any probabUity denied, but that this High
pirins mind to wished honour, is like the i lieason is, and must be, both against the law
crocodOe, which, is ever growing as long as be
Jivetb. Your lordships know in what sort they^
went into .the City, with armour and weapons,
and how they returned to Essex-House agam,
as you my Lord Admiral, and my lord of Cum-
berland, with others of their honourable peers
do know ; which makes me wonder they do not
blush to be so forward to stand upon their
Trials nitbout Confession, when their intended
Treasons are in all men's judgments palpable.
For my part, my lord, I can conjecture nothing
hereby; aild it will not easily out of my own
conceit, but that there is some further matter
in it than as to jrou appears ; but my hope is,
chat God of his mercy, that hath revealed
their treasons, will tiot suffer the rest of his
or any others to Ihe hurt of the state, or pre-
judice to her majesty's most royal person,
whom I pray God long to preserve from the
bands of her enemies. Amen, cryed the earl
of Essex and the earl of Southampton, and
God confound their souls that ever wished
otherwise to her sacred person.
Attorney GenermI, (sir Ed. Coke.) May it
please your grace, the Lords Chief Judges,
which are the fathers of the law, do know that
the thought of Treason to the prince, by the
law is death ; and he that is euilty of Rebel-
lion, is guilty of an intent (by the laws of
the land) to seek the destruction of the
prince, and so adjudged Treason : and I will
prove this unto your lordships by two several
Cases. First, he that rais(*tli power and
•trength in a settled government, the law will
not suffer it, but it is constnied as in cases of
High Treason; he that doth u*(urp upon it, the
law doth intend that he hath purposed the de-
struction of the prince ; he that doth usineiiihle
power, if the king doth command hhn upon his
allegiance to dissolve his company, nndiic con-
tinue it, without any question it is Ili^h Trea-
son : he that doth levy forces to take any town
in the prince's dominions, it is so like\%isc.
Bat my lord of Essex hath levied power to take
the Tower of London, and to surprize the
qileen't own Court ; then this must needs be
hi^mt than the highest; and he that doth fbi^
of God, nature, and reason. And under your
grace's favour, my lord, the manner of it tieing
of so high a nature as it is, must needs be High
Treason, which was not only carried in their
hearts, but, for a continual remembrance, kept
in a black purse, which my lord of Essex yronr
on his breast next to his skin. Let me note
unto you, my good lord, t^t they being both
bom under the government of this princess, and
so highly advanced by her majesty's favour,
should have trembled once to tmnk of such a
Rebellion as they have enterprized. Doth not
my lord of Essex now enjoy his Earldom of
Essex by the gift of Henry 8th to his father f
Was not he mode Master of her majesty's
Horse at 22 years of age ? one of her maiesty's
Council f to he earl marshal of Eneland f ge-
neral of her majesty's forces in Irehnd? And
lastly, hath he not received divers gifts and
sums of money, to his own use, of her majesty's
gracious and princely bounty, to the value of
30,000/..^ Vet all tliese were as cleverly for-
gotten, as if they had never been. — Now shall
I shew you tlie Person whom this concerns,
even her majesty's sacred person, against whom
their attempts have been, only for the under-
taking of God!s Cause, and exercising of Jus-
tice with admirable mercy ; and though I can-
not speak without reverent commendations of
her majesty's most honourable justice, yet I
think her overmuch clemency to some, turncth
to over-much cruelty for herself: for. though
the rebellious attempts were so exceedingly
heinous, yet out of her princely Mercy, no man
was racked, tortured, or pressed to speak any
thing farther, than of tneir own accord, and
willing minds, for discharge of their consciences
tliey uttered ; imd then, to see the mercy of
God that will have the truth known, it is admi-
rable b^ond Uie conceit of man's capacity :
for they being severally examined, notwith-
standfng, ait agree directly, without varying.
But when her majesty sent a counsellor of state
to have the enrl come before her,' when she
heard of his Rebellion, for no other end or
purpose but for his admonishment, he refused
to come; and having a guilty conscience^ and
1339] STATE TRLAXS, 43 Eliz. IGOO.— Earls qf Essex and Southampion, [1340
suspecting his Treasons were laid open, took
consultation to turpri^ the Court aiid the
Tower of London, all at one instant : and for
tliis purpose, had appointed Blunt the custody
of the gates, sir Jo. Davis of the Hall, sir
Charies Davers of the Presence, and himself
of her majesty's person. Whereupon Blunt
said, Ah ! what humour shall we find them in
at the Court? lliis was not all ; fur the earl he
must call a Parliament, and he would decide
matters, not making for his purpose: but now
in God's most just Judgment, b'^ of his earldom
ftliall be Robert the last, that of the kingdom
thought to be Robert the first. And my lord
did nut anj whit amuse himself to give onler,
that if he and his Complices should miscarry in
London, then the Counsellors which lie caused
to be imorisoned in his bouse, should be tlain.
It was plain Treason in him to srand out, being
hj them charged to dissolve his company upon
bis allegiance. What shall I need to stand
upon further Proofs ? It is so evident, and ni^
lord himself will not deny, but that he had a
Schedule, containing in it divers of his friends
Names; which, as I conjecture, must needs
contain some other matter, for he durst not let
it come to light, but burnt it : and as fur Owen,
Salisbury, Davis and Treshnm, they must have
the guani of the Lords of the Council, to use
them at their pleasure."
Essex. Will your lordships give us our turns
to speak, for he playeth the Orator, and abus-
etb your lordships cars and us with slanders ;
but they are but fashions of orators in corrupt
states. Considering some privileges which we
might challenge, equal Answers and equal hear-
ing were indiiferent ; for unless it will please
your lordships that we might answer to every
particular, we shall soon confound our own
memories, and give liberty and advantage to
our enemies whereupon to lay hold, for Inck of
precise answer to each particular objection.
And seeing now, my lord, you have undertaken
the place of a Judge, I beseech you, as you
prove against us, we for ourselves may answer
what may fall out to be fit.
Here the lord of Essex was intcrnipicd, and
not allowed to speak, until Henry Withering-
ton*s Etaminatiun was read, which imported
thus much :
Wilherington's ExAMiNATioy.
That upon the Sunday morning he was sent
for to Essex- House, where he found the place
jG^uardrd with many gentlemen in arms, who
told his uncle that came in his company, that
he feared they were come into an ill action ;
mv lord of Essex bad them very welcome, and
intreated him to go with him, for he feared hurt
of some private enemies. And wlien Mr. Wi-
tberington perceivt»d the council were sUiyed,
he feared danger to them ; for he heard .^me
bid, Stab them ; and otliers. Let us uiuke an'
end of them, we shall have the fewer to deal
withal.' And he proves further, that order was
left, That ii' tlie carl should misc*urry in London,
then the Lord Keeper and the L. C. Jiistice
should be killed, and also when the Cooncll
had conunanded liim, upon his alieKiance, to
dissolve his forces, he answered nothing : lie
likewise saw my lord of Bedford broucht in thut
morning; and Mr. Witherington, tearing he
might be drav;n on to his destruction, prayed
him only to follow him, for when opportunity
ser\'ed in London, they would leave the troop ;
and that they followed tlie earl into London,
and on a sudden lost him.
Esses. I will not, I protest to God, speak
to save my life ; tor those that prosecute it
againsit me, shall do tue a good turn to rid me
of my misery, and themselves out of fear. As
for Mr. Witherington, he' does much disparage
himself if he smih S'l, for I protest to God upon
my salvation, [ never hea^^ such words as ' Kill
him, kill him :* and Mr. Witherington came
voluntarily to my house, unsent tor, and in tbe
forenoon did come into our company, and took
to heart as much as we did whatever we west
about: and these are but reports, for he that
is the Witness is now sent into the coanuy
about some emphiyments. But if it had been
a secret, Mr. Witherington being privy thereto,
might have been a good witne:»s : bat being »
openly spoken, (as you say) a hundred more
might have testified it, yet none spake it besides.
And »s for locking up the council, I protest to
God it was dune in cliarity, and without disloy*
alty, but intending only to save them, lest they
should take hurt ; considering the people
abroad in the streets, with a great and sodoea
outcry, said, ' We shall be slain.' At which
time we thought our enemies had been come to
beset the house, for my intent was do otherwise
than loynl to her majesty and them.
The I/)rd Keeper, tlie earl of Worcester and
the L. C. Justice Popham, proved in court
upon their hi)nours, that they heard the words
{ Kill thein, kill them ;* but they would not
charge my lord ofEiisex that they werespokea
either by bis privity or command.
The DrcLARATioN of the Lord Keeper, the
Earl of Worcester, and the Lord Ckirf
Justice of England.
" Upon Sunday, being the 8th of Feb. last
past, about ten of the clock in the forenoon, tbe
Lord Keeper of the Great Scsl, the earl of
Worcester, sir Win. Knollis Comptroller of her
majesty's Houshold, and tbe L. C. Justice of
England, being counnanded by direction from
the queen's majesty, did repair to the late earl
of Essex's house : and finding the gate shot
against thein, alter a little stay tliey were let
ill at the wicket. And as Sdoii as they weje
within the gate, the wicket was shut upoo
them, and idl their servants kept out. — At tneir
cumiii;; thither, tliey found the court full ofnico
a<iembled tcigether in a very tumultuous sort :
the carls of Essex, Rutland and SouthamptoOi
and the lord Sandys; master Parker, com-
monly called lord Mounteagle, sir Christ. Blunt,
sir Charles Davers, and many other knifilm
and gentlemen, and other persons unkaawot
which flocked together about the Lofd Jieeper,
1541]
STATE TRIALS, 43 Eliz. l600.-.ybr High Treason.
[1542
&c. And thereupon the Lord Keeper told the ]
carl of Essex, that they were &cut from her
majebty, to understand the cause of this their
aisembly, and to let them know, that if they
had any particular cause of grief against any
persons whatsoever, it should be heard, and
they should have justice. — Hereupon the earl
of Essex with a very loud voice declared. That
bis life was sought, and that he should have
been murdered in his bed ; that he had been
perfidiously dealt with ; that his hand had
been counterfeited, and letters written in his
name ; and that therefore they were assembled
Uiere together to defend their lives : with much
other speech to like effect. liercupon the L.
C. Justice said unto the earl, That if they had
any such matter of grief, or if any sucii matter
were attempted or purposed against him, he
willed the earl to declare it ; assuring' him that
it should be truly related to her majesty, and
that it should be indifferently heard, and
justice should be done, whomsoever it con-
cerned.— To this the earl of Southampton
objected the assault made upon him by the
lord Gray. Whereunto the L. C. Justice said,
that in his case, justice had been done, and
the party imprisoned for it. And hereupon
the Lorcl Keeper did eftsoons will the earl of
Essex, that whatsoever private matter or offence
he had against any person whatsoever, if he
would deliver it unto them, they would faith-
fully and honestly deliver it to the queen's ma-
jesty, and doubted not to procure him honour-
able and equal justice, whomsoever it con-
cerned : requiring him, that if he would not
declare it openly, that he would impart it unto
tbem privately^ and doubted not but they
would satisfy him in it. — Upon this the^e was
a great clamour raised among the multitude,
crying, * Away, my Lord, they abuse you,
they betray you, they undo you, you lose
time/ Whereupon the Lord Keeper put on
his hat, and said with a loud voice, My
lord, let us speak with you privately, and
understand your griefs : and I command you
all upon your allegiance, to lay down your
weapons, and to depart, which you ought
all to do, being thus comnfianded, if you
be good subjects and owe that duly to the
queen's majesty which you profess. Where-
upon they all brake out into an c^fcceding loud
shout and cry, crying, ' All, all, all.' — And
whilst the Lord Keeper was speaking, and
commanding them upon their allegiance, as is
before declared, the carl of Essex and the
most part of that company did put on their
hats ; and so the earl of Essex went into the
house, and the Lord Keeper, &c. followed
hiro, thinking that his purpose had been to
speak with thbin privately, as they had re-
quired. And as they were poing, some of
toat disordered company cried, < Kill them.'
And as they were going into the great chamber,
■ome cried^ * Cast the Great Seal out of the
window.^ 8ome other cried there, * Kill them ;'
and some other said, < Na y^ let us shop them up.'
— Th6 Lord Keeper did often call on the earl of
Essex to speak with them privately, thinking
still tliat his meaning had been so, until the
earl brought them into his back chamber, and
there j^ave order to have the farther door of
that chamber shut fast. And at his going
fortli out of that chamber, the Lord Keeper
pressing again to liave spoken with the Earl of
Essex, the earl said, ' My lords, be patient
a while, and stay here, and I will go into Lon*
don, and take oider with the mayor and sheriffs
for the city, and will be here again within this
half hour.' And so departed from the Lord
Keeper, &c. leaving the Lord Keeper, &c. and
divers of the gentlemen Pensioners in that
chamber, guarded by sir John Davis, Francis,
Tresham, and Owen Salisbury, with musket-
shot, where they continued until sir Ferdinando
Gorges came and delivered thei.v, about four of
the clock in the afternoon. — In the mean time
we did often require sir John Davis ,and Francis
Tresham, to suffer us to depart, or at the least^
to suffer some one of us to goto the queen's ma-
jesty to inform her where and in what sort, we
were kept. But they answered, * That my lord
(meaning the earl of Essex) had commanded
that we should not depart before his return,
which (they said) would be very shortly. Tho-
mas EoERTON. C. S. Edward Worcester.
Jonir PopHAM.'
All which the Lord Chief Justice Popham
attested, vivd voce,
Att, Gen, Yea, my lord, you had 300 men in
arms in your house; why did yon not dissolve
them, being* commanded upon your allegiance
from the queen to do it ?
Entx, They hearing rumours of men about
my house against them put them into such a
fear and extasy, that it was not in my power
suddenly to dissolve them, or to quench their
passions : and the rather for tliat sir Walter
kaieigh desired sir Ferdinando Gorsesto leave
their company, or else they would be all lost :
so that they stood amazed, and knew not what
to do.
Southampton. Mr. Attorney, you speak all
this as if it were as true as the Gospel.
Etsex. Good my lord, kt me intreat you to
mark the circumstances : word was brousht
that men were |cnt for into the country to take
us in our own houses ; then we concerving the
thirsty appetite of our private enemies, took
ourselves to our arms, and were glad to stand
upon our guard for our own defence. But as
for the Lords of the council that came to my
house, we being before advertised that wu
should be beset, thought it the securest way for
those of the council to keep them there, not
knowing what mischief would ensue.
Alt. Gen. My lorcl, your grace sees that
this ib without colour or question : for my L.
C. Justice had proved it plain, that they would
not dissolve their company that was up m armf,
being charged upon their allegiance so to do.
Et$ex. Good my lord, know whether it
were in my lord of Southampton's power or
in mine to withhold their'purposes so suddenly :
For, not long before sir Walter Raleigh had
1343] STATE TRIALS, 43 Eliz. l600,^Earls (fEi$cx tmd SouAampUm, [i5U
lent to my )iouse to have sir F. Gorges to come
to him to Durham- house; and we tearing him
to be a private enemy, would not suffer sir F.
to op thither but returned answer, that be
irvoiml meet him on the water upon ^qual
terms : where sir W. Raleigh used the former
speeches to sir F. Gorges, wishing him to leave
our company^ or else he would be undone.
And whereas we are charged to have dealt
with papists, I assure your lordship, and it is
most tiue, that papists have been hired and
suborned to witness against mo; as by the
means of one Sudall, who was a seminary
priest, and sent into Ireland to deal with sir
Christ. Blunt, whom he thought to be inward
with me, to touch my honour and reputation.
Then fiales, the Scrivener in the Old Bailey,
hath confesscfl under his hand to foroe and
counterfeit my hand in at least two letters :
and these two honest gentlemen can witness it.
Alt, Gen. Ay, by my troth, this is true, but
it was by tlie procurement of one of your own
men.
Euex, Thou swearest it, but it is not on a
book ; that man thod sayest I procured to do
it, his name is John Daniel, an errant thief,
one that broke a standard of mine, and stole a
casket of my wife's, and many other things.
It is very probable that I should trust him so
far, that had before betrayed me, is it not?
But it is well known who set him at work to
attempt against me so much as he hath done,
to procure my hand to be counterfeited ; and
yet this man, by your judgment, must be a
practiser in such matters by noy own consent.*
Well, Mr. Attorney, I thank God you are not
my judge this day, you are so uncharitable.
^i.:
An, Gen. Well, my lord, we shall prove you
* The matter here referred to, as it came
out upon a strict enquiry, was thus : The
countess of Essex being apprehensive, that in
those troublesome times some mischiefs might
befttl hrr husband and herself, pot some Letters
which she had received from him into a cabinet,
and intrusted it into the hands of a Dutbh
woman called Rihove, who hiding them in her
house, they were accidentally discovered by
her husband John Daniel; who reading them
over, and observing some passages in them,
which might incense the queen and endanger
the early caused them to be transcribed by a
person expert at counterfeiting hands; and
when the timorous countess was near her time
q( lying-in, he told her that unless she would
five him 3000/. he would put them into the
bands of her husband's enemies. The good
lady, to prevent that threatening danger, im-
mediately gave him 1,170/. and still the Im-
postor only gave her the counterfeit copies, and
Lept the originals to get another sum tor them
from tlie earl's enemies; for which he was
tentcnced in the Star-Cham her to perpetual
imprisonment, fined 3000/. two of which were
to be paid to the countess, and to stand with
his ears nailed to the pillory with this iaicrip-
lioD, * A wkked Former and Ln^tor,^
anon what you are, which your pride of heart,
and aspiring mind, hath brought you unto.
Essex. Ah ! Mr. Attorney, lay your band
upon your heart, and pray to God to forgive us
both.
RaUigfi. That sir F. Gorges told me upon
the water, that my lord of E^x had put hinv-
self into a strong guard at Essex-house, and
this is like to be the bloodiest day's work that
ever was, wishing him to go to court with
speed for prevention thereof: then sir Walter
wished sir F; Gorges to refuse their company,
else he would be undone. To this sir Walter
was sworn.
Essex. Whatsoever sir Walter hath said, dif-
fereth altogether from that which sir Ferdi-
nando told us at £ssex*house, open his retom
(rom the water.
Att. Gen. Well, my lord, what can yoo de-
vise to say for sir John Davis, another of your
adherents, that Papist ? for he bath confessed
that he is a Papist and a Catholic, and drawn
in by sir Christ. Blunt, one of your chiefest
counsel, and that he called for a Semioaiy
priest upon his convertment to absolve him.
Essex. If sir John Davis were such a mas,
it cannot be but strange to ine to hear it; al-
though I cannot search into the secrets of hb
heart to accuse him inwardly, yet I have seen
him dutifully come to prayers, and to the ser-
vice of God in my own house with me, and
behaved himself very eodlily : and of this I caa
be witness. And as for Blunt (God is my wit-
ness) 1 have been so far from Popeiy, as I
have so earnestly dealt with him to refocn
himself, insomuch that he hath told me, I have
been very passionate. But whereas y«tt say,
we have committed Treason, first prove that
true.
Serj. Yehert. Why, my lord, if you deny die
raising the power, why should so many men
come to your house that day ?
Southampt. By your favour, Mr. Sen. Yel-
yerton, a word, I hope ; for my coming ttutber,
it was not strange news; and when I cams
that same morning to Essex-house, I protest
I had not above 10 or 13 men attending me,
which was but my usual company, therefore fiv
from purposing to raise a tumult.
Att. Gen. Why, the reason of that was, kf
that you thought ail Landon would have itsca
with you ; but, good my lord, I beseech yoar
grace to hear the Oath of sir F. Gor|es : whose
Evidence was read, and himself there in peisoa
did justify the same^
Sir Ferdinetndo Gorget his Cohfesmov.
He deppseth. That iu Jan. last theeariof
Essex wrote to him a Letter, wherein he oo»-
plained grievously of hb misfortunes, and ths
miserable estate he stood in, whereof he p■^
posed shortly to free himself, and tbermft
prayed sir F. Gorges to come up to Loadoo to
him : who coming accordingly, the eari toU
him how mightily he was cmiefl and diicr^
dited bv his private enemicty which bt cieM
not eadart j tbr| taith hc^ I li«r« 190 cv^ ^
13 Vo]
CTATE TRIALS, 43 Eliz,
rons, 'And gcntlcineD, that participate in my '
dibcoiktciucd humour, uiid %\iil join \vitli nie,
and I desire, your help and counsel therein.
One fprcial friend 1 l»a\ e in ilie court, whereby
I have intelligence tVoni time to time: niid /
hold our^elvcN indiirerent ly aiTecie^i hy tlie ci-
tizens of J.ondon, and hope to have a ^^nod i
party in Wales. He cnnt'esi«cd alv), thiit they |
had two several meetm!::i at Drurv-house, to .
consult of these mutiei^; r.iid the f)rujoct9 :
^ere, Wlicther it ^^cre better 'lir.*«t to sJurprize
tiie Court, or to t'»kc llic Tower of Londi>o, or
to stir in the city, lift nu)st ai;ro<'d, tirbt to
surprize the Court. And then and there iir
John Dnvis took pe:i, iuk, uikI )>aper, iind ^ct
tiowttf That some shouhl keep the hall, bome
the ctfUrt-gate**, •>ome the mnrd-chamber, Jtnd
some the pre«;rnce-ehamher ; s:iving, many of
the oiiard Ikid been the earl of K-sex's servants,
nnd were prcfeci'. d to the outen }»y him, and
vill be inoi-e mditlt ent to denl with than
others; and so iry Ion! ^hall have a way
through liis o«\n i;uurds to r:ome to liie privy-
chamber, and the prc-cnre of ilje fpuen. And
•ir I erd. (lorj^es !>aid to the earl of K>'>ex,
i\Ia>t ! my lord, what is >o small n nuniber of
men able to do in so worthy an action.^ and so
dissuaded the carl from surprizing the court,
and rather bade him submit himself to tlie
queen's mercy, th:m proceed any further. And
that tbe earl of Souihanipton said at K^sex-
houscy Is it not three months since Lhi<} plot
began, and shall we resolve on nothing? Tnen
upon a sudden they all agreed, f;rst to ^tir in
Ijondon, ^vliere they a*'>*ui{.(l i1h.iu?><.'Im.s «!f great
favour: and after tiie counsel ^^as locked up,
tills Deponent foilfn%e'l the trciu} .^ into Ltjndon ;
and alter {iomc adva ;■ the earl of Essex sent
Jiini back auxin vviih a token to deliver to the
liord Chief Justi^'c only, by colour of which
token he set at lilurty thf Lord Keeper and
the rest. Lastly, he co:. firmed, that he told
^ir Walter Ualci^h fn-^l, upon the Thames, of my
lord of E^se\*^ makiii'j; his hou^e a guard, and
puttint: his friends into arms, as it is dchvercd
tv sir Walter "ftideiiili.
Sir Charles Darr.rs's Kxaminatiox.
He confe?:eth. That before ('hri««tmas last
the earl of K'^s^-x t ntered into eon-idei*ation,
liow he might s«;eure hini<-<lf t(j ha\<.' aece'^s to
the queen's pre^i-nee without re^i.^lance ; and
that the resolution was ajzifeable t«» certain
Artickrs written with the e nl of I%!>ex*> own
hand, and sent to the evrl of Sontham|ton to
surprize the court ; anrl that, there wrre diierN
ronsukations nbont it, and the points were
the»e : fir>r, to take tlii 'lower, for it would
cunimond l/>udon, th^n lo ^n^pri/o tlu- court:
and ;irter, tl»e court bein-i t:tken and po^-^ -.-ed,
to have assembled the re-f of tlxir frii-nd->, and
to have presented th^in.^elve«» to tht^ qin en :
and that iK'ing done, and the gnard:» secured,
fir Chribt. Blunt should ke< p the ojitward gates
' of the court, sir John I)avi«) the hall and
water-gate, sir Charles I)a\ers (this Di'i>onent)
ihould^ keep the presence uud ^unrd-vhuxuUT,
VOL. f;
1 600.— /or High Treason. [ I S 4G
and seize npotJ the halberts and pensioners
battle-axes. The intent was t) turprize the
captain of the j:uar<l at the cot: it, or at his own
hoas!,», mvl some oihir:*; ».iiil Jl.i'i to surprize
tin- 1 t»\v«M- of L.tmdon : ;U''l ih.il tl:-.* ear! of
K>>«\ ri'-(>lvi*d (tla.>e thinjv l.iinj a»".;»'.;i''!i.-:h-
ed) innn«'«!i;ii< iy t,) I'.we calinl a imrluMiit-i.t H>
reform <l!>onicr> ami j)riva:<' ::ii(\';inf es. Tl.at
this di-pomnt nUt iiy ui.dilxi.l <»f thf m- iom-c.-.;
and aller tlj«* alarm \vaN L:i»eu at cotnr, he j»rr-
suaded ih** carl r;MlurtoL<\' into Waler, or
other parts Ije'.on.j tla,- >eas tor li;s security,
nnd avoidliiLT tlu- iuniuMiMiL danvn-r he was
fallen int<», tln.n to nn^t to the lity. And
l;:stly, he yviA- -!< »!, for I'.Im o.vn | art, what ho
Udd done iii the imsi-u-.', v. is nu rt'ly lor the
love he bore to the i';>il of Jri-utiK.mj/.on, nnd
not for any malice or pi;\ate drjconunt other-
wise.
Sir Jo ft n DfiTis\ V.\ \ v i n .n i o n .
lie 'iailh, Tliat tl.e eatl\ pmyoe*- wa>, to
poi5e^^ himrclf «>f t!j,- c>Ml. and ti» take the
Tow(T of J.ontl.»!i ; ami tl.;«t thvv !iail seviTal
meetings of consult. ttimi, lo^it-tla r \<jth th*- i arl
of S(,uUian»pton, >ir 1\ nl. (Mirgis, .b), JjUle-
ton, sn" Clni>t. Jilnn*, >n- (ha. J)a\eis, and
thi.'i Deponent. And there matttis \^he eon-
fe^^eth; the earl of l^tsttx set do.xn all v.iih his
own hand,'\iz. sir Chriit. niunt it) k«.cp the
outward gate of the court himself, this l)e|)i>-
nent the nail and water-gate, and sir Cha. Da-
vers tlie presence and pnard-( handu r ; then
mv lord of Ess«x and his forces would havo
come; by land, and so hav<* pos^esied the pre-
sence ol' the <|neen. The (juestion was a^ked
the earl of K^sex (as thi?. Oe|)(*nent sailh),
flow he wouhl rh-al w iih o'.lVnd* i,, and snch as
resisted iiim, at'ler he '-honld be po-be5>ed of
these lliiniis? He resohe<l them by way of An-
swer, T hat he meant to admit them all to an
honourable lri:d.
Sir Christopher VAnuCt FxAMii^ATiox.
He coidesseth that the earl of Ks'-ex sent
Wiseman, about the 'iOth «»f Jan. to visit his
wife with lettrrs of eon»p!'i:n'nt, :md to reqniiu
him to come up unto hhn to J.ouilon, to .^etlk;
his estate according as he had written unto
hnn bel'ore s<mu' few <lay«. r>ein>; di iivunded
to what einl they w«*nt to the city, to join with
such strength as lluy hope<l tor ilare ; l.e con-
fes-^eth, it was to sernre the ear! t>f K-><\*i
life, a^/ainst such furces as .«»!ioul<l be si-nt
against him. And beinj: \ked, Wh :t, :•!: iii>t
the quern's forct-s .' lie an'^wt/'d, '1 h:if luiist
ha\»; lu-tn jutl'jLcd afti rworu".— Uf.r \ka\z bir-
ther a-ked, Wlatla-r h'- did :"!mv to cimt*
nnt'» the comt o\«t n'.-lit : he -^lolh, no; f«»r
>ir I'e.''d. rii'iircs <i:.! a'>-.iiri , 'i..ii .ii«' .;!:nuia
was \,\Vi\\ of it :t ll;< r-mn, and the guards
doid»Ie<l. Ijeitii: :.^Ki 1, N^ lu iln.r he ihiiuviht
an\ prince conM ha\e endiind to have any
"•nfjject mak«' iln* ciiv his mediator.^ or, to
gather forre to sot ak for him* h*- ^aill^ He iit
not read in >torici of foinier time*; but h«
doth not kuow; but thul lu furuicT liiuei »ub«
1547] STATE TRIALS, i3ELi«. ItOO.— Earls qf JE$scx and, Southampton, [1341
jects have used force for their mediation. — Being
asked wluit shonUl have been done by any of
the persons tliiit sliould have l»€en removed
iroin the quern ? He answered, That he never
found my lord disposed to slied blood ; but that
any that should have been f>und, should have
had inditi'erent trial. — Beina; asked upon his
conscience, Whether the earl of Essex did not
give him comfort, that if he came to autliority,
there should be a toleration for relij;ion ? he
confesseth, he should have been to blame to
have denied it.
Sir Christopher Blunrs srcond Exa^iinatiov
He saith, That fr>ur or five dnvs before the
Insurrection in London, the earl of Essex set
down divers Articles with h's own hand, with
Petitions to the earl of Sonthampton, sir Cha.
Davers, sir John Davis, sir Fcrd. Gorges, Jo.
Littleton, and ihis Deponent; which were to
the eftect before remembered. And further
this Deponent rcmemb«Tet)i, That the earl of
Essex's purpose was (after these things should
be over-pa<*sed and settled) to alter tlie state of
government : and further this Deponent cou-
tesseth himself to be reconciled to the Pope :
And moreover saith, that the carl of Essex said.
He looked not that anv should be troubled for
lieligion, and Liberty of Conscience ; that he
received letters from the earl of Essex the 20th
of Jan. to come to London^ whereupon he
came.
The Earl of Rutland's Examination.
He saith, I1iat being in London, with tlie earl
h( Essex, he heard him cry out in the streets,
' England is bought and sold to the Spaniard :*
. and confesseth, when they had been possessed
of London, their purpose was to have taken the
Lord Keeper with them to the Cpurt, with the
i^arl of Essex's company ; and that the earl of
Southampton and sir John Davis were in spe-
cial conftKleracy and trust with the earl of ]^s-
sex in these causes. Liistly, That the earl of
Essex said,. he was sure of shcritF Smith : and
Ihis Deponent specially noted, the earl of SoutiV
tuiipton was very much discontented.
Lord CromueVs Examination.
ITc saith, He never heard of the matter till
the same Sunday-moining;, when the carl of
Ksn>ex coming throuL;h Fleet-street, where tliis
-Deponent lay, and being sent for by a HMin ol'
my lord's, he catiM? into the street to hitu ; where
my h>r(Land di\ers of his followers took him by
tlic hand, and bade Mm viclcomc, praying him
to go along with him ; and the earl of Essex
c.*i».'d, It is for the good of the qocon, and of
y )u all, my iiia*iters. First, he went to the
mayor's hoase, and then to slicrilT Smith's house;
and bemg in Gracerhurch-srreet, and liearing
of the Proclamation, the earl of Essex said,
Where i* the Mitritf ? Let liim bring muskets
and pistols ; for I aui credibly informed out of
Ireland, that the kingdom of England is sold to
t4ie Spaniard. And so upon the Proclamation
the Deponent tcfl him and liis company.
J/trd Sandet*s Examination.
He saith, He was sent for on Sunday raora-
in?, the same day, by the eail of Essex ; and
coming to Essex bouse, he found then but a
few there : but in a short time after, came the
earl of Southampton with the rest. This De-
ponent agreeth m divers other circumstances
with former Examinations : he confessetli, he
went wi),h the earl into London, and came back
with him to Ludgute; and Uiere being repulsed,
he heard n»y lord of Essex cry, Charge, diargc!
and call fi^rhis horse. Awd he saith, that sJie-
ritf Smith was as far in tiie matter as tlie be&t
of them.
Mr. Attorney here urged, that thcw was a
combination ; and one Pashell affirmed the
burning of a black purse by the catl of Essex,
which my lord confesseth ; but saith, that there
was nothing in it, but a key. of an iron chest,
which he took out, and burnt a paper in the
same purse, wliich did not contain above 6ve or
six lines of secret matter : and, fur that be
would not have so much as their names drawn
into question, which were altogether ignorant
of these' occurrents, did throw the purse and
paper into the fire. And also Pashell confess-
eth further, that when the earl of Essex came
out of London to his house, he told tbero, thit
he was beloved in the city.
Lord MonteagWs Examination.
He saith, He had no foreknowledge of thest
matters ; but confesseth, he followed the earl
of F^sex down Fleet-street, intending to eo co
the mayor, and stf to his house in Seeuiing-iane.
And this Deponent being with the earl of Ts»
sex in GracechurcH-street, confesseth he did
hear the earl (when the lord Burleigh cume wiik
the herald at arms) command some of hb fol-
lowert to bid the herald stav, for he would not
hear him abuse the queen's name. He saith
also, he went back with the earl to Ludgate,
and they were repulsed.
Mr. Attorney, Now, my lord, I ^esecch
your grace, and you, my lords, tliat be the peers,
let the due consideration of these several Exa-
minations and Depositions enter into your
hearts ; and do but note, they have all agreed
and jumped together in each partictdar point,
notwithstanding they were all sei'erally exs-
mined; but I must needs think it the just judg-
ment of Cod, in his mercy towards oar sove-
reign, to ha\e the truth so marvellonsly reveal-
ed ; coining from them of their own' accords,
without rack or torture to any of them.
. Essex. Mr. Attorney, I answer, then, thii
for that pohit ; The self-same fear, and thescb-
same examiner, may make these several Ei*-
mination:* agree all m one, were they never so
fur distant ; but, good my lord, let me ilitreal
your lordship to consid^ who tliey be that tef*
tity this against me : My lonl, they are loea
^ ithin the danger of the law, and sach as ffcak
with a desire to live ; but I think they o>^
much to answer for between God and tbrir
souls and me. T see tber charj^e me wiA ^
surpriiiug of tk% Towner; W-apon w^gfOMd
IM9]
CTATE TRUIS, 43 Eliz. \600,^Jbr High Treaion.
[1350
-do tlicy speak ? thcjr bad only some particular } Articles in writing under his hand, therein lay-
notes of my friends names, but ever very scorn- * ' " "
folly dashed at me : for when my friends per-
suaded me to any cdur»e, this was my purpose,
to have come with eight or nine honourable
iiig open die projects of his purpose for lur-
pnzing the court and Tower.
Southampton. It was a foolish action, I must
needs confess, the going through the town, and
persons, who had just cause of discontentment \ that was suddenly parsed over : but my lord's
(though not equal with mine) unto her majesty,
and, so by petition, prostrating ourselves at her
majesty s feet, to have put ourselves \into her
"mercy. And the effect of our desires should
have been, that she would iiave been pleased to
have severed some from her majesty, who, by
reason of their potency with her, abused her
majesty's ears with false informations; arid they
purpose to have men planted «t the court, was
m regard he feared hindrance by private ene-
mies, that would have. stopped his pass'cigc to
the queen ; which, I protest, he intended to no
other end, but to prostrate himself at her ma-
jesty's feet, and submit to her mercy, as yft
have formerly heard.
CMam, My lord of Essex, let me know, I
were Cobham, Cecil and Haleigh : for we in treat you, why you lay such imputations upon
thoii^htmy lordCobbam carried himself in such me, as you have deUvered.
factious and dangerous courses, as he told her
majesty many untruths : which was a principal
cause (as I think) of withdra\ung her favour
from us. And to. that intent, to reme%-e such
from her highness (I confess) was tlie only de-
sire we had to present ourselves in all humility
before her majesty, but without any purpose of
liuf t to her hi.<»hness ; for, I protest before God
1 do carry as reverent and loyal duty to her
majesty, as any man in tlic world. But now,
my lord, seeing that I have heard the testimony
of sir Ferdinando Gorges, and himself Jiere in
court to testify it, 1 will say no more, but that
if it please her majesty to be merciful unto him,
I will be glad, and pray fur it ; yet whatsoever
he hath said, let my lite and his dealing testify
the truth : and, sir Ferdinando, speak nothing
to touch thyself, and speak what (hou wilt to
me ; for I see thou desirest to live, yet speak
like a man.
Lord Admiral. I desire, for the better sa-
"tisfaction of niy!»elf and feli<iw peers, that
Gorges might unfold opeiily what other secrets
have passed between him and my lord of Essex,
touching the State.
£ss€jc. Ah ! my Lord Admind, assure yoijr-
self, in faith, no Treason : But yet, I pray thce^
good sir Ferdinando, speak openly nhatsoe\'er
thou dost remember; and with all my heart I
desire thee to speak freely.
Gorget, All that 1 can remember, I have
delivered in my Examination ; and further, I
caimol say.
Essex. Yes, Ferdinando, if ever you knew
any other matter, which contained any tlmught
of Treason or disloyally, speak it ; for they are
things not to te for{;otten.
Southmmpton, (rood sir Ferdinando satisfy
the Court what was intended among all our
conferences, and talk of our enemies, and dis-
contentments, nod consultations, and what
was our be^t course for our defence against
tliem.
Gorges. Some delivered their minds one
way, some anotlier ; but, by the Oath I have
taken, I did never know or hear any thougltt or
purpose of hurt or disloyalty intended to her
majesty's person by my lord of Essex.
jL. Admiral, I desire to kno»v, for the bet-
ter satisfaction of my conscience, whether my
lord of Emcx 4id a^ any time deliver out any
Essex. My Lord, I have forgiven all the
world, and thereftre you shall not need to in-
sist upon these circumstances; for I lay not
my cause upon aught that shall do your lord-
ship any harm for my sake : fur, I protest, mj
heart bears you no malice, but what I spake
was freely, and in God's presence, hoping her
majesty would liave heard us, and our com-
plaints being but true. And I do farther as«
sure your lordship, that 1 never spake it out of
fear of death, or de»ire of hfe.
Bucon. My Lord, inay it please your grace,
wliatsbevf r my lord of Essex hath here denied,
in my conceit it seemeth to he small. I speak
not to any ordinary Jury, but to prudent, grave
and v«ise peers : and this I must needs say, Ix
is evident that you, my lord of Essex, had
planted a pieccnce in your heart against the
government : and now, under colour of excuse,
YOU mu»t lay the cause upon particular enemies.
You put n>c in remembrance of one Pisistratu!^
(hat was come into a city, and doling upon the
affections of the citizens unto him, he having
a purpose to procure the subversion of a king-
dom, and wiuuin^; aid for the nccomplishing lus
humour, thought it the surest means for the win-
ning of the hearts of the citizens unto him, and
so in that hope entered the city, and cut his body
over-thwart, to the end tliey mii;ht conjecturo
he had been in danger : and so by this means
held the same conceit as you and yuur complices
did; entering the city of London, persuading
yourselves, if tliey had undertaken your cause,
all would have gone well on your side. And
now, my lord, all you ha\e said, or can say, ia
answer to these matter;*, are but shadows; and
therefore, methinks, it were your bcs't courso
to confess, and not to justify. r
Eisex. May it please your lordship, I must
produce Mr. mcon for a Witness ; for when
die course of private persecution was in hand^
and most assailed me, tlien Mr. [iicon was tho
man that proiTcred means to the queen, and
drew a letter in my name, and hw brother sir
Nicholas Bacon *s name ; whieh letter lie pur-
posed to shew the queen, and (/osual was the
man that brought them unto me : wlierein I did
see Mr. Bacon's hand pleaded as orderly, and
appointed tbem out that were my enemies, as
direrlyas might be. Which Letters 1 kno«r
iUr. Secrf tary Cool hath KeU| and by hiw it
1351] STATE TRIALS, 43 Emz. l600.'--TMrhqfEtscxandSovfhampfoji, [15j^
my huinblinc ; tliat yriu, in the rust of your
hi-avery, c:iiim to makf yu'iir crauon r.ga!u>t
Ccvil. My I iril, I InimMv thank God that
you did not take me fur :\ tit ronj[):ini'jn Inr
you siml your hiinjonr-. ; for if yni liad, yon
wiMild liav<- dravrn nu; \tt hi;tniv niv Nivi-reiiii,
:is yon h;iv(» clone : but I would have you n-iiii*
tlir ronuTllor you '•jjcak of; ir.une liun, ii.imc
liini, n;uuf liiui if yuu u;»rc, if you ilure, 1 li. 1/
you ; name hiiu it y)u d.M€».
J'!sst'.L. Here ."iMiid' an liononralilc i>or-:ia
riue;;ninj; tlur orirl ot'Soulh:uupt >n) tint Liion.'
I !<|K"ak Hi) fa1>Iob : lie heard it as ucll a- 1.
(Wi/. Tlirn, my lord of Suuthaniplon, T
nrljiin* vou hv Llie datv vou rjwe to (lud, lirv-
aWv and allei;iaiire viMi «i«ve to vDur sMverciLi!,
hy nil tokens ol' true Cliri^iianity, mid by the
aneif'ut frienrUhip and aequaiutanec ciiicc Lt-
t»vet n i\-i, that vou name the counM.!l*)r.
Snitlhiimpf. iMr. Srerelaiy, il yon will nefil*
have me name tlic ('oi.nvellor, it was .Mr.
('oiiM't;*:)ller.
\\ Ijireupon the^'«T»fary failiiii: down upon
l::-« kneo^, said. J lliod: < 'od ffir thi-* dnv ; ;.ii1
uj on his kui'e desired the l.'»rd lli::h Slt'v-.:nl,
\h.:'\ a L;eiitlemon of the privy-ihanibtr ('jri'ii?
li: t mijiHt h-ive a<Tf<s to the cpin n) luijiht ::j,
:\t\'\ liumlilv intreat luT i»'rl.n» •«Ts to coainjaml
-Mr. l'i>:aptri.ll<-r to coui.* ')i-U)ro his l.\''C.
[llereupmi rh.e Lord liijh Sl< Aard e;il!:n:;
Mr. Kncvct (a jjcu'lf n\ mi of hcp mni* -r/*
pri\y-rh;iml»er) saiil lAVn iiisn, ("o, .Mr. Km-vir,
U!»t» her niaje.-ry, and let her lUidt r>tiiiid -\!r.
S. ! refary's dcin;a«d.]
('».•//. Mr. Ki.e.el, y."*:; «li:dl I;::ve1rc" r.r-
cc^s unto lier nia:<"orv; t'il !>• "".tlMi I ii»w i,i-
tore lh»! (III,! of III a\eii, ^'''•^ *• sh.- ii.';i-e to
^'ill aj;penr what eimrrit he held of inc, iiod no '
otherwi.-e than i.e here eoi'.urtth and jdcadetli
I he t aiilr.i.y.
lianifi. .My J/)rd, I sjient more hom-s to
Tua-iC- \ou a <:ood >uh|(.e- liini \\\u:\\ :niv man
in the world hisidrs, hut. .-.ince y,pii ii <\e .■»iirre«l
np thi'. piint, my lord, 1 d •< x. arr;i!»r you ihi-* ,
3.«'t;rr will out hhish: fc;- I -I . hui p«rii»rm the ',
i>ai( (if an h'>ni? t m:.a, i^iit <-\(v lib iiu'ed to
iiw dill- ynu j;o(mI, ifu. nn-iil have h./en, ancl
to iii» (ittit'i end : for uhat i inti.-ndi d f<;r voin*
pi»'> I, u;. .ui^iie.l hoai the iicart, \viih<jut touch .
of anv maiiV iiouo'ir.
Ilsiicr. Weil, my Konl, I d«» here protest |
liLfoi'e (he iiviM ! ( b;d, that an h moiirable, .
;;rn\t , .1:1 1 imm' eiineellnr hath l.nueuled and ;
yri(\cd at ih.^ ('it:.-^^ he luith st en takfU, and I
tl:e!(-.vith liaih v. idu.t him^ili'olr n dij.id ; nnd
till-. I «-neaI. u ion ( v\ d.l>le f.iid i.'Miiiurnhle ifi- "
ii>riii iri.tii : t)iiv L cmi |M-.)ve ihusmtu.h from sir 1
liolie.i rei-ir?» o.vn n: jotii; ih.a he, speakin.r ,
|o oi-e 111 j.i'' fi-i<')iV-<viMH'»t ijurs, bli(iui<l s.iv,
'I h ■: I .I'.i." Ill I'le Wf»;;.' h'lr \lv infiut i el Sp jui
ll:.d i! ■! ' i') ll;i" ei-.iw.' el' r..ii!.iii.l.
lUii: >\i' r.oli.I le. d s»eppeil f:M;h Into
the iwUii, hwitvj !.i pt hun- ll" pnvaiv tiiltl.en,
and liiiMii.ly d.-ip-d li •.■.'..* in spt'iik rol''>«.»'\.
.^i;' l'..Cn'if. The dtiie.\ii.e hdnvvti vou
uuii iol i^ <^ri'at ; lor 1 >pe ilv ii trio ptTwui of
an h'Wie:: '.uaii, an ! \o.r, m\ lord, in the )<ei-on
of a 'lr.ii.or: •«.» \\eil 1 kf.ow, you hixo wir at
will. The prt'-vMuineri'e haih rieen v«)urs, bui
1 h:".x* inucaem''-, Iriillj or< onscienee, and ho-
nesty, t.> defead me a;:ain?r the scandal of i
hl.iiiiierous ti^n.ui s ;Mid a>piiint'. heaits; and 1
j>ro{e-l befi»re t;i>d, I ha\c hived van- prr'^oi:, '
nsid iuNtiili d yom* xisnu - : and [ appe:d 10 (lod
nnil the jpiecu, liiat I i.i'd her m:«j«^iv, vour
anlii'liou!. wttu'l m ;kc you a tit icrxaui tor
her. And had n(.t I been your auili.iious af- '
fe;'lions laelucl to u-it:p;;lion, 1 could huve .
pone on ii'v kju'e^ ti» lior maie-lv to ha\e done
\eu •:.>;•.; :>i;; you ha\c a slieep'- «. irmeiil in .
sh.iuv, j:.i 1 ia appea ranee are humble I'ud nli- 1
j^iiiiM: hi:: Gi\\ iu ili.nd.ed, we know \ m, loy '
i!id«.«l y.«;r r<i>:ioM :ii vears hy Pdnnt, Hiivis
nnd Trt *h«m, y-mr e's ■ •. -• » o;i.»*i Hors f<ir the |
J :'e^v*.:l : a..d h;. j roi ■;. :.^ ini-jiv l)t'e(^;»-<■icl■lL^.•
: we. »'» t. I ?.laud f )r J. v.ilty. \vl,".|:| |ni'\^r
h)'«t ; y«)t: Mauil il»r t.\.i-l e'v, u !» ■ \'.ith *iv:;-
lie: It :^ p i:?*. ^-ed : aial v. o < '1 ':-,:i' lae v\sr'i
hi^h lliioi;<, «!:;.-. iu 1 dery y-m lo ihe iiltfr-
iui»^i. \'':\^ inv i-(..)d Innj.. I vi»-( iii«is -if *r irc,
lii\."|iid nia:i\ e lOi'. r.-ne* >, a «d i <'••.■•: ibss
^ l..tve - i i i!'" kej (H N, !- i^ n ^ r.,^y.x t.t»r.
n*a| i': Ki: - il '^•.•i!'; ;« . .;• j\ : ■ ..-. .,:.,{ ^,,■, \
b:ui- .>. li I j.ij i\ I- ,M . •.. - . V ,1, V. .Ill I ,1 i«:i*p ;
«l I>" ..:■' : ■ :' jjui ::.|,":'!:d I
.\h. 1:1" lo.d. V.I re If lii't ■
yo'.- n^■. !) « >!\ ||:e I-^N J ■..! I t «■■ 1 il-*- |. <> ; ],(,! I
y.)a ;: i\ . i'" i. :i .\ . '.■■»' »•.•;' t. I ! ■ ii !•-■•..' 11 : d '
J'.i' I. imn I • I , 1-. , M :....i'. i...'i \»j'ir i- r I'f
r h; ll..»:i a--. I i»- . I:....l< v.;:i i'v'\-..«-. .u rt-
iKon^tyau l".ir "» e 1 t. I i.n\ t.i < i.i.l. I
v.«i'i ir.\ -Oil M.i. i 1. ,.„, -Hij ^y^y i^^^iy .,j
le^t, *»i liii*' h.id -u vi r I-. » n.
£>ui. Ml Mr. ^ew»\i.u V, I tkink dud for '
I
I- dl a I . !. :.-. . :.r.
send Mr. Coe-unrolier, wherehy 1 i.. y ricar
myM'lf of the-e «)pen .M-.iodaK, I will raiiwr 'l.c
at her toot, ia> ia r >uhitct uial Mi-^:i1 \\.:l.^
l:«e to do htr any iunre ?«cr\ico in il.;-. 1: >n:.-..--
able decree, \% herein h'-r highne*^ t:.:p! x-^ »;.f.
-\nd wnhd, hi lie aeiure vou, .Mr. i\iie\tt.
that \(>u do u>'l at'iuaiat Mr. (''•niplri.*.lt r uitb
the e:\i;-e \xiiv \ou •^n^Le tbr }::m.
.Mr. Kn; vet welt, and ii<»l Km^ after rtt'.r!^-
el wuh Mr. Coiiiprroller, to i^ h 'Ui ihe L-:^
liiflh Slo\v;;rl '.>'peat. d !l;e i fiU-i \\\.\ la- «;;«
sent t'l.r, i«'.»d di-.:ed hi a to >»ri-l\ t; e |iT.!«.
iNl'.eth-M" AI:. .*"ei.'e!:nA did !!•<• anv «»ia ti ^itxih
in lii-s he.iiiuir. x,t i«i hi> knovvh (!•;»•.
.Mr. Co pph\ih\r. I remember thnt i>i^cc ii
Mr. ^< .'ler.ox'^ eonip;;nv, tla*i»* w.-*. :j fI'*K
r«- ■■', l.iai t:e .tvd of M:rii mttir*"* ; {.i:r I a^i r
di'i'heir ^i'■. .^t f lelarv use ai;v ^iii ii x*. •:<:•.
(»r to I'i IT « 'Vi It.
\V l.i .•fMp!i:i .Mr. Secrf'ary rl..':»kel '•^'.
tijrtt lliiedi li. • I ari -.in/d tf%ii i.-^ .1 Ti:i.i" .
yd hi- X' a> f luiid an li-^'*'. -st n;..i:. ii'-. i a 1 11 * ■•
-"'i.'t : ^■. 11! d .-I'xi^j;, I li^cteh (I.»fl l» 1' "-
:-.:' •.• viMi f.ir thi^ ope-, v.roii*; di-iu iiiit«i ii;«*. . •»
I «?'i iipi ii!v pronoTmee I tor^iXv xmi iV-im d.e
biii-im i»f my heart.
F«««r. And I, .Mr. Srr.-et.iry, do iltJrljr
anil freely tinrpive vou xxith :dl nw hhJ; l**"
ciUre 1 menu lo die lii ci.oritj.
1553]
STATE TRIALS, 45Eliz. lfl00.-/or High Treason.^
[1554.
Bacon. My lord, you may now perceive | vcr knew of any intent and meaning, or did
^ i^_j ..c 11 __- . _L .- gy^^ mean or intend any treason, rebellion, or
other action againf^t tny sovereign or the state ;
but only what I did, was to asbist my lord of Es-
sex in his private quarrel ; and therefore, Mr.
Attorney, you have urged the matter very far,
and you wrong roe therein, my blood be upon
your head. As for my lord of Rutland, whereas
he iciferreth against me to be a persuader and
inviter of my lord of Essex to these actions, he
wrongeth npe exceedingly : for he was never
the man that saw me once di§contented, and
therefore had small ground or reason so to say.
And you, Mr. Attorney, whereas you charge
me for a (>apisr, I protest most unfeigned ly, I
was never conversant with nny of that sort ; I
only knew one White, a priest, that went up and
down the town, yet did I never converse with
him in all my life.
Essex, My lord, and you that Le our peers, X .
beseech you give me hearing thus far ; no^ that
I %vill speak it for the safeguard of my life, but
with thib my desire, I charge the souls of all
them that be our censurers or triers : because
out of a form and custom of speaking, thes«
orators would make t>hem more^idious that
come to the bar, that I may not be titought to
have done this upon revenge : for within these
few days I purposed to have received the com-
munion, to be a testimony that 1 was far frotn
bearing of malice to any, not so much atf to
my private enemies. But the fulhng out be-
tween the carl of Southampton and the lord
Grey, happening on a Sunday, hindered my in- ,
tent; for so soon as I knew of it, 1 found my af-
fections to stir on it exceedingly : yet I have since
that time laboured, and by my prayers to God
earnestly desired, that I might be armed with
patience to endure all afflictions. And here I
protest before the ever-hving God, as he may
have mercy on me, that my conscience is clear
from any disloyal thou(;ht or harm to her ma-
jesty ; and my desire ever hath been to be free
from bloodshed, as Mr. Dove can witness. But if
in all my thoughts and purposes I did not ever
desire the good estate of my sovereign and
country, as of my own soul; I beseech the Lord
then shew some mark upon me and my soul in
this place, for a just ven«:eRnce of my untruths
to all the world. And (rod, which knoweth
the secrets of all hearts, knoweth that I never
soui^ht ilic crown of England, nor ever wished
to be a hi<ilier degree than a subject. I greatly
endeavonrrd to luue brought my conscience to
peace, only by seeking; to secure my access to
the presence o\' the queen, that I might spee<lily
have unfolded my griefs unto her majesty
against my private enen)ies ; 1»ut not to have
shed one drop of their blood : And this, my
lord, I s[)eak, to the end I might put olfall im-
putation of beini; an hypocrite, or an atheist;
for r was ne\'er papist, neither did I ever favour
any sectary (as my lord of Canterbury know-
eth and can testify) : for my religion, it is sound,
and as I live, I mean to die in it.
Bacon. Weil, wj lord, may it please Toar
grace, you may tee how weakly be hatli
that my lord of Es<*e\ went about to procure
matt(T, and to give over on the insUmt.
South. Well, I beseech your lordship, let
me satisfy your lordship aud the rest thus much,
that for my own part, I did never know the
laws. Now to shew the causes that made me
adventure so far as I did : the tirst occasion
that made me adventure into these courses was
the tit\inity betwixt my lord of Essex and me, I
b<;ing of his blood, and marrying his kinswo-
mau ; so that tor his sake I should have hazard-
ed my life : but what I have by my forward-
ness otiV^ided in act, I am altogether ignorant,
but in thought I am assured never. And if'
through my ignorance in the law I have of-
fended, yet 1 humblv submit myself te' her ma-
jesty, and from the bottom of my heart do beg
her gracious pardon, if it please her : and 1
hope that nenlier your lordship nor any of tlie
peers will hold any of the former resolutions
spoken of by these orators for any certainty,
which depends no othenvise than one upon
another. For if any foolish speeches Ivave
passe<l, I protest, as 1 shall be saved, that they
were never purposed by me, nor understood
to be Ko purposed by me, to the hurt of her
majesty's person.
>.'5W.r. 1 beseech your i«)rdship to under-
stand me, and assure yourself, that what I now
ip<.'ak, is not wiili any desire .'[ protest) to
kpare one drop of my blood ; and because*
»(>iiie honourable persons are interested in the
cau^e, I %%<)«1(1 (uiuie'r favour) signify, because
the point hath becm so nmch urged by Mr. At-
torney, that at our b(>iug in I/Ondon when we
were past l*auU, wor<I was brought me, that
the chain was <lrawn at Ludgate, and that my
lord of Cumberhmd was there: which when I
ht^-ard,- 1 was right glad ; for if there had been
cause, I would have been glad to put myself
into so honourable a person's hands as his': but
it was a false report, for my lord was not riien
oouK' thither. After which I weirt to shcrilF
Smith's liouse, and aftrr mv rominix thither, 1
sent the Sheritl and Mr. Aldenn-m Watts to
my Lord Mayor, de.-»irin2 him to come Ut us ;
if he would not, to send f.»ur of his aldermen to
s€»e if we demeaned ourselves lovallv, with
intent to put ourH.'hes into ilieir hands to use
as t!.< y would, or to put as into any prison ;
VfL in rrgard t>f om* private eneniit»s, and the
fear of their treachery, we desire<l them to
shut their ^ates : and this was the end for
%%hich we went into the citv.
At for. My lord, if you had no other pur-
poM', \thy dnl you *in into ( Jractchurch Street,
and I I luliurcb Strert, ervina; out xdl the way
you ivcnl, Kngland !•» l)ou«;lit and sold to the
Spaniard !
Soiithamp. Mr. Attorney, \ protest (as I
hope to have mercy in heaven) 1 never heard
i roy lord speak any such word, neither did I
lietir of the proclamation you speak of, made
by my lord Burleigh and the heruKI at arms ;
neitlR*r did I see tliem : and I deny (my soul
•nd cooscience bearing me witness) that I ne-
1355] ' CTATE TRIALS, 43 Elk. )600.— Earls qf Essex and Somhamptan, [i35«
dowed his purpose, and how slenderly he hath
answered the objections against him. But^ my
lord, douhtiiig that too much variety of mutter
may minister occasion of for^etfulness ; I will
only trouble your Inrdship^s remembrance with
this only point, ri};htly comparing tlus rebellion
of my lord of Essex to the duke of Guise's, that
came upon the Barricndoes at Paris in his
doublet and hose, attended upon with 8 men :
but his confidence in the city was such (even
as my lord's was), that when he had delivered
liimsclf sii far, and that the shallowness of his
own conceit could not accomphsh what he ex-
pected, the king for his delonce taking arms
against him, he was glud to yield liimself, think-
ing to colour his pretexts, turned his prac-
tices, and alledged the occasion thereof to be a
private quarrel.
Essex. My lord, I must confess it was my
fault to stand out, and to maintain my house
with defence and resisting ; but I will not deny
but that my lord of Southampton and sir Cha.
Davers did persuade me to parley with my Lord
General : which I hope your lordship will re-
member I did yield upon some indifferent terms
«nd conditions ; which were, 1. That I mi£;ht
have an honourable trial. 2. That I mi«:lit
deliver my fjriefs m3Tielf to the queen. 3. Tliat
I might go in safety. 4. That I might have
my miiii&ter with me. And, lastly, (Which I
chieily beg of her majesty,) That she would be
pleased to redeem some that were with me in
the house, and guiltless, for knowledge, intent
or action, of wliat was by ino purposed. All
which I thought good to remember, and so
humbly submit the same to her majesty's gra-
cious pleasure.
Scjy, at Anns. Then Proclamation was
made. Lieutenant of the Tower, withdraw vour
Prisoners rrr>m the bar. They b(^ing removed,
the lords and peers went together into a private
place made of purpose, behind the canopy and
chair of estate ; then the two Chief .fudges
aud the L. C. Baron were sent for in to them,
to deliver their Opinions in law, which they did
upon two points ; the one,* * That in case
where a subject aitcmptcth to put himself into
such strength, as the king shall not be able to
resist him, and tu force and compel the king to
govern othcrwii^e than according to his own
Toyal authority and direction, it is manifest re-
bellion.' The otlier, * That in every liebellionf
the law intendeth as a consequent the com-
passing the death and deprivation of the king,
as foreseeing tliat the rel)el will never suffer
that king to live or reign, who might punish or
take revenge of his treason and rel>ellion.*
After half an hour they came all out again, and
Cttch man took his place ; which being done,
the Serj. at Arms begun at the puisne lord, and
• Poph. 122, Cr. Car. 583. Keel. 76. Mo.
6%i^ 2 And. 6. 66. 3 Co. Inst. 9. 3 Co.
Inst! 12.
t See Luders's " Considerations on the law
of Iligh Treason in the ^rtidt of Levyioe
W«r/'76,7r.
called Thomas lord HowarJ, who stood up
bare-headed.
L. Steward. My lord Thomas HowiH
Whether is Robert earl of Essex guilty of this
Treason whereupon he hath been indicted, is
you take it.upon your honour, or no ?
L. Tho, Howard. Whereupon the k>nl
Thomas Howard made answer, bending his
! body, and laying )iis left hand upon his rij^ht
I sidCy said, ' Guilty, my lord, of liigb-Treasoo.'
> After f^hich manner all the peers tbund him
! guilty oncafler another, from the puisne to tba
highest, and so delivered in Jike sort upon tlieir
honours. Being called over a-new, they fonnd
Henry earl of Southampton guilty of Higb-
Treason also.
Then the Seneant at Anns commanded tbe
Lieutenant of the Tower to bring his Prisonen
to the bar again. Then the Clerk of tbe
Cro\vn speaking first to the earl of Essex, said;
Robert earl of Essex, you have been arrajgned
and indicted of High-Treason ; you bare
pleaded not Guilty, and for your trial yov bare
put yourself upon God and your peers ; the
peers here (who have heard the Evidence aad
your Answer in your Defence) have found yoa
Guilty : now viiax can you say £>r voaKsel(
why you should not have judgment of death?
Essex. I only say this, '1 hat since 1 hire
committed that which hatli brought me witia
! the compass of the law, I may be counted tkt
I law's Traitor in otfending the law, for which I
am willing to die, and will as willin^y go thereto
as ever did an\ : but I beseech your lonhfaip
and the rest of* the Lords here to have consi-
deration of what I have formeriy spoken, tod
I do me the right as to tliink me a Chriatian,
I and that I have a soul to save, and that I Vn<^iv
I it is no time to jest : lying and rounierfeitin;,
I my soul abhorreth ; for I ain not desperate nor
void of grace, now to speak falsly. I do not
I speak to save my life, for that I see were vaio:
I owe God a death, tvhich shall be welconie,
how soon soever it pleaseth her majesty. And
to satisfy the opinion of the world, that my
conscience is liree from Atheism and Puperr,
howsoever I have been in this action misled to
transgress the points of the law, in tlie course
and defence of private matters, and whatsocTcr
through the weakness of my wit, and dulacs*
of memory, or through violent courses (if thre
he any violent that seek either life or death);
or if I have omitted or may have uttered any
thing otherwise ; yet I will live and die ia the
faith and true religion which here I have pr^
fessed.
Then the Clerk of the Crown demanded of
Henry earl of Southampton, What be coold
say for himself, why Judgment of death sboaid
not be pronounced against him ?
Southampton, My lords, I must mt for my
part, as I have said beibre, Tliat since the icao-
rance of the law hath made me incur the di^
ger of the law, 1 humbly submit myself te faff
majesty's mercy ; and therefore, my Lord Hj^
Stewani, and my Lord Adairaly I fansach jvi
both| chat ieaiog yoa an WiliitMM Imktu^
1357]
STATE TRIALS, 43 Euz. 1(500.— ^r High Tretnon.
[13ft
demhcd by the letter of the law, it would pleas* |
you to let the queen know that I crave her
iwercy. I know I have oflended her, yet if it
plen.se her to -tc merciful unto me, I may live,
and by my service deserve my life. I hilve
been brought up under her' majesty, I have
spent tl>e best part of my patrimony in her
majesty's ser\'icc with danj;er of my life, us
jour lordships know ; if there were any that
could challenge uie, tJiat I have e>'er heretofore
committed or intended Tn'ason, er any other
thin^ prejudicial to her majesty or estate, (rod
let me never inherit his knigdom, neither
would I desife mercy : but since the law liath
cast me, I do submit myself to death, and yet
I will not despair of Ikt majesty's mercy ; for
that I know she is merciful, and if she please
to extend it, 1 shall with all humility receive it.
L. Steward. My lord of Essex, the queen's
tnajesty hath bestowed many favours on your
predecessors and yourself; I would wish there-
tore tliat you likewise would submit yourself to
her majesty's mercy, acknow1ed<;ing your of-
fences, ancireconcilintr yourself inwardly to her
majesty, by laying open all matters that were
intended to prejudice her majesty, and the
ftctors thereot ; and thereby no doubt you shall
find her majesty merciful.
Ettex, My lord, you have made an honour-
able motion ; do but send to mc at tjie time of
my death, and you sliall see how penitent and
hamble I will be towards her majesty, both in
bcknbwledging her exceeding favours to my
ancestors, and to myself: whereby I doubt not
but the penitent suffering of my death, and
sprinkling of my blood, will quench the evil-
conceited thoughts of hc*r majesty against me.
And I do most humbly desire her majesty, that
my death may put a period to my offences^
committed, and he no more remembered by*
her highness. If I had ever perceived any of
my followers to have harboured an evil thought
•gainst her majesty, I would have been the first
that should have punished the same, in being
bis exeeutioner ; and therefore I beseech you,
tnj good lord, mistake me not, nor think me so
proud, that I will not crave her majesty's mercy,
fori protest (kneeling upon tlie very knee of
my heart) I do crave her majesty's mercy with
tU humility : yet I had rather dUc than live in
misery. '
Then the Ix)rd High Steward, after a few
eiliort^tions unto the f.-arls to prepare them-
selves for God, told them. Seeing the law had
found tliein iruiliy, it followed of course that
he muat proceed to Jud.Lniient.
The earl of Esseic replied very c1>cerfully,
tnd said ; Yea, my lord, with a very good will
I pray you go on.
Then the Lord. High Steward gave Judgment
ms foUoweth : You must go to the place from
whence you came, aud there remain dur-
ing her majesty's pleasure ; from thence to be
drawn on a hurdle through London streets,
•nd so to the place of Execution, where you
•boll be hanged, bowelled, and quartered ;
^our btad and quarters to be disposed of at
her majesty's pleasure, and so God have mere/
on your souls.
Eiscx. My lord, I am not a whit dismayed
,to receive this Sentence, for I protest dtetii is
as welcome to me as life ; and I shall die as
cheerful a death upon such a testimony, as ever
did man. And I tliink it fit my poor quarters
that have done her majesty true service in di-
vers parts pf the world, shpuld be sacrificed and
dis{>used of at her maje6ty*s pleasure; w here-
unto with all willingness of heart I have sub*
mitted myself. But one thing I beg of you,
my lords, that have free access to her majesty's
person, humbly to beseech her majesty to grant
me, that (during the short time i shall live) I
may have the same preacher to comfort me,
that hath been with me since my troubles
began ; for as he that hath been long sick, is
most desirous of the physician which hath
been, and is best acquainted with the constitu-
tion of Ids body ; ?o rio I most wish to have the
comfort and spiritual physic from the preacher
which hath been and is acquainted with the
inwanl griefs, and secret affections of my soul.
And my last request shall be only this ; that it
will please her highness that my lord Thomas
Howard and the lieutenant of the Tower may
be partakers with me in receiving the Sacra-
ment, and be a witness of it, in token of what I
ha\'e protested to be true in this hfe, for mj
loyaltv, religion, and peace of consciences
and then when&oei'er it shall please her ma-
jesty to call roe, I shall be ready to seal tha
same with my blood.
Tlie lords promised they would move the
queen for his requests.
Essex, I huipbly thank your lordships.
Then the Serjeant at Arms stood up with
the mace on his shoulder, and after proclama-
tion was made, said thus: All peers that wece
summoned to be here this day, may now take
their ease; and all other persons attending
lierc this sen*ice, may depart in her majesty's
peace, for my Lord High Stcwaid is pleased to
dissolve this Commission.
As the lords were rising, the earl of Essex
said, My lord De la VVarv, aitd my lord Mor-
ley, I beseech your lordsliips to pardon me for
Jour two sons that are in trouble for my sake:
prritfst upon my soul they knew not of any
thing that was or should have Iwen done, but
came to me in the moniing, and I desired them
to stay, and they knew not wherefore. And
so farewel, my lords.
llic earl of^Southampton obtained a reprieve,
but the earl of Essex was ordered for Execution.
On the 25th of February 1601 *, uhich was
the day appointed for his Execution, Thomas-
Mouot'ford and William Barlow, doctors of
divinity, with Ashton the minister of the church
in the Tower, were sent unto him early in tlie
morning to administer christian consolation to
his soul. In presence of these men he gave
thanks to Almighty God from the bottom of his
heart, that bis designs, wliich were so danger-.
a (^amd. £liz. 631.
1359] STATE TRIALS, iSEuz. \600.-^Procceding5 against the Earl qf Gawrie, [I3C0
Gus to 'he state, succeeded not. He told them,
lie had i»«)\v lookod iliorouuldy and Bfrioiisly
into his ifin, aii:i was iiearlily sorry he hud s>o '
obstinately defended an unju>t cause at the bar.
He thanked the queen &he had ^runted he
filiould not be publicly executed, le^t his mind,
which was now set. led and composed, might be
disturl)ed by the acclamations of the people,
protesting that he had now learned how vain a
thuig the blast of popular favour and applause
was: He acknowledged liow worthy he was
to be spued out (these were his words) by tlie
Common- wealth, for the wickedness of his en-
Cerprize, which he likened to a leprosy spread
far and near, and that had infected many. \
The Queen in the mean tinie^ wavered in her
mind. One while relenting, she sent her com-
mands by sir Edward Carey that he should not
be executed: but then. remembering his per-
verse obstinscv, Uiat he scorned to **sk her par-
don, and had declared openly that Iiid life would
be the queen's destruction, she sooc after st*nt
a fresh command by Darcy Ui;it he should be
put to death.
Then he was brought forth f between the
divines to a scaffold erected within the Court-
yard of the Tower : Neiu* ^^hich sat the earls
of Cumberland and Hertfor<l, vjscount Howard
of Bindon, the lord Howard of Widden, the
lord Darcy of Chiche, and the lord Compton.
There were present idso some of the aldermen
of London, and sir Walter Raleigh, who if we
may believe himself, came ,with an intent to
make answer if any thing should b'e objected
jagaiust him by the earl at his death ; but others
tliouglit he cimie to feed his eyes with a sight
t Mooi*, 62'2.
of tlie earKs sufferings, and to satiate his Iiatrcd
with his blood. But being admonished not to
press upon the eurl at his deatii, which is the
part rather of ignoble brutes, he withdrew hiiUHll
further ofl\ and beheld his Execution out oi' tlie
armory. — The earl, as soon as lie was cometipi^n
the scaffold, uncovered his head, and lifting up
his eyes to heaven, acknowledged that many and
great had been the sins of his youth, for whidu
with most fervent prayer (be begged pardon of
the eternal majesty of God, through Chri-ilhii
mediator ; especially for this last bi.ii».>Yhu'b he
tenued a bloody, crying, and (contagious sji,
wherewith so many had been seSucetT'io sio
against God, their prince aiid country. He
besought the queen and her ministers to fursr^e
him, praying for her long life and prosperous
estate, prote:>ting withal that he ocner inteiMled
to liiy violent hands on her person. Uc CJve
God thanks that he had never been Atheist, or
Papist, but liad placed idl his hope aud am-
tidence in the merits of Clirist. He prated
God to strengUieu his mind agiiinst tlie icrr«;n
of death; desiring the stauders-by tojoin wUh
him in a slu)rt prayer, which with broken sishs,
and fervent aiTection of inward devotion, lie
presently uttered. Afterwards the executioner
asking forgiveness he forgave him ; He roiiifd
the Apostles Creed, and then laying hinLNcif
down, placed his neck upon the block; and
having repeated the first verses of the Mst
Psidm, he said, ^ In humility and obeiiitiice 1
prostrate myself to my deserved puni^iuaent:
Thou, O God ! have mercy on thv prostrate «r-
vant : Into thy hands, O Lord ! 1 coniioffld
my spirit.' — His head was Uiken off at the thin!
stroke, but the first took away all st'nse aiid
motion.
71. Proceedings in Parliament against Johx Earl of Cowrie,
Alexam>er Ruth vex his Brother, Henky Ruth vex, HiciU
AIoxcRiEF, and Peter Kviot, for High Treason : 42 Eu2.
Nov. 15, A.D. 1600, at Edinburgh. [Extracted from the au-
thentick Records, and the principal Vouchers (which lie in
pubhc Custody in tlie Parlianient-IIousc, at Edinburgh) by
George Earl of Cromertv, Keeper of the Records, Temp. Cor. i
Also from the Somers' Tracts, 4 coll. vol. 1. p. 213.]
W HXlA^I, eurl of Cionrie, hiivlagr been
condemned at Stirlinn, and executed in the
year 158 J, with two others, for seditious prac-
tices, in seizing the kiii^*s person at ]luthvcn-
Housf*, when in his minority, and bani^hinf;
from him all others who were not of their party,
iiiid.ini: him condescend to what they proposed,
and levvinjr forces to secure tfiornselves iind
the kind's person in their ciislo.ly ; occasioned
the hot clergy of their party, both to preach
and publish scandalous pninphlets against the
king and government : this did beget a strict
friendiihip between young Goi>ri€ and the fac-
tious dor^ry. Albeit, the king did, i>ith great
benignity, restore the earl of Cowrie to hi> l>
ther's honouri and estate; yet, his two soiu,
the eail, and Mr. Alexander, were nursed op
in such malice aj^ainst the kiuu, by some of ha
relations, (but especially by the Ckrj^y), ihit
neither the kinj;'s> rcstoiiiii; him to his viMt
and honour, conferring also other marks of A*
vour and trust on liini^ (and placing bis »sW
as the first lady of honour to the queen, to^
making his brolhcr Alexander one of his heir'
chamber) could allav bis revenge, till at Usi,
he resolved to bring uif loDg<dc&i^cd parpoM*
J 36l ] STATE TRIALS, 42 Eliz. 1 0(X).-^(f others, for Ili^h Treason. £ 1 3C«
to effect. For, in August 1600, be devised and thera, at the instance of \^Il•a: soever persons ;
contrived the bringing the king from Falkland that so, they might have saiety and frce<loiu to
to his house in Perth ; and there, with his fel-
low-conspirators, to have murdered the king.
On account of thi$ Treason f, and several
disorders, a Parliament was indicted to meet
at Edinburgli on tlie (ttst of November that
year ICOO, albeit the printed Acts bear its
meeting to be on the 15th.
Accordingly, a Parliament was indicted, to
be holden at Edinburgh on the 1st of Nov.
1600, and, as is ordinary, it was adjourned to
the Ith. On which day, sir Thomas Hamilton,
king's advocate, produced a summons of Trea-
compear: and which relaxations were promul-
gated, at fche mercat^cios.ics of the shires where
each person had bis uborie ; and iilso at tlt«
mercat-cross at Edinbur^b, and sboar and peer
of Leith. And these execution^ uud relaxations
were registrated in the recf)r(ls of the fchirts
where the accused did reside : on whicli pro-
duction the king's advocate did tuk^ instru-
mehis.
The Lords Conm*!ssioners in Parliainent did
remit the said Andrew Henderson to the Tol-
Imoth for safe, custody, and the Parliament ad-
son duly executed against William Ruthven, j jounied until the 15th of Nov'. : on which day,
brotlicr and apparent heir to John earl ot
Cowrie, and Mr. Alexander Ruthven : calling
also, in the summons, the tutors and curators
of the said William, (if he had any) and all
others, having pretence or interest in the mat-
ter, to hear it found ; and declared, that the
said earl of (lowrie, and Mr. Alexander his
brother, had committed Treason, in attempting
to bereave his ninje^sty of his life, at St. John-
stoun, oil rhe 5th day of August last by-past:
Tiie Sunnnons and Executions being read, and
the luTaulds and messengers sworn to the vera-
city of the executions, Imth at t:*eir private
houses, mcrcat-crosses, and shoar and- peer of
Leith, &c. (which are the most public Intima-
tions and Citations that can be given by the
law of Scotl'.vnd ;) which Citations were given
on the '^8th of Auijust and 29th ditto, in their
respective places and mercat-crosses, and the
Parliament was lieclqred rurrent daily.
On t'le IKh day, the said Sununoiib and Exe-
cutions were read over «<j;ain, another summons
of treason wa-s produced, v\iih their executions
and veritications, made on oath in the face of
the court, against Alexander and Henry Ruth-
ven, s«»ns to Alex. Ruthven of Fricland ; and
:i!j;ain*t Huejh Moncrief, brother to William
Moncrief of that ilk ; Patrick Eviot, brother to
Colin Eviot of Balhousie; to hear and see
themselves decerned, as guilty of High-Treason,
and Lese-Majesty against the king at Perth,
the 5th day of Augttst last past. And likewise
by warnmt from the Parliament, one Andrew
Iienderson, who was prisoner in the Tolbooth of
Edinburgh, on accusation for tHe said crime,
was brought by the baillie of Edinburgh, and
slsted before the Parliament; he having re-
ceived formal summons in the Tolbooth, on the
28th of August last past.
The sutiimons being thrice called, the execu-
tions all verified, and none of the persons cited
compearing, excepting; Andrew Henderson'the
prisoner; the Kini:*s Advocate did take instru-
ments : and hkewibe tiie kind's advocate did
' then, and tisere, produce before the lords, our
sovereign lord's letters of relaxation, given
under his hijihne>!:*s 5i4n<.t at Edinbunih, relax-
ihe Parliament having met, the said sir Thomas
Hamilton, Advottite, produced the said sum-
mons of Treason and Executions; and the
hcraulds and mcssrnp;ers having, of new, veri-
fied the ext^cutions upon oath formerly, tec.
neither William, nor none for hhn, nor the
others cited, compearing ; the King's Advocate
'did take instruments tlicreon : oidy Mr, Thomas
Henri^-on, one of the commii^saries of Edinburgh,
ronipeared for tlie foros.tid Andrew Henderson,
anri produced the Writ following, undersub-
scribed by the king's advocate. * Jt is our
* will and we command yon, that upon sight
' hereof, ye delete Andrew Henderson, cham-
' berlain to umquhile John earl of Gowrie, Lis
* naiiie forth of the sammon-j of Treason and
* Forfaulture, raised and executed against him,
* for beiuK art, part, redd, coimscl, imd coun-
* selling, of the. late Treason conspired by the
* said umquhile earl, his umquhile brother, and
' com^)lices, against our person ; and as y^>u
* will answer to us hereupon ; keeping thir
' presents for your warrant. Subscribed with
' our hand at Holy-rood-house, the 9tb of
* \ov. 1600. Sic subscribitur, Jacobi'S /?.*
Confonn whercunto, the advocate did delete
his name*
The Heraulds and Messeu(;eis did, at that
same time, ag;un verify upon oath the execu-
tions ^ven in ; and the relaxations and execu-
tions against William, and Alexander, and
Henry Ruthven, Patrick Eviot, and Hugh I\Jcn-
crief; and the Parliament found the Dittay re-
levant: and then adjourned till the Ijth of
November, and remitted the examination of
the witnesses to tlu* Lords of Articles, which
are a Committee of Parliament, according to
the constant practice and custom in Parlia-
ment.— Note, the Lords ottlie Articles in that
parliament, were two bishops and four abbots,
all men of great worth and integrity ; four
earl% viz. Lennox, Errol, Marrischal, and
Marr; four lords, viz. Seton, Liviniistoun,
Newl)ottle, and Fivie; seven barons, and nine
commissioners of borongh«j.
On the 15th of November, the I^arliamenr
did pgain meet, and the Advo( ato did aii^ain call
ins; all the persons so summoned from the horn, ! the summons of Treason against all the fore-
and from all the snmmins executed against ' njentioned persons k'xcept Iienderson). for
I enterprizing the slaughter of the king, on the
f See Spotiswood's History of the Church of
ScotUnd, p. 45r, 45B, 459, 460.
%'OL. I.
5th of August last past. Bcin? all llin.'' cdlnl,
and none compearing, the hail ebtut%.5 M l;n«l
4 S
1305] STATE TRIALS, i2 Eliz. ]6iX).--^Proc(xdings against the Earl qfG<ALru: [ISGI
And as his majesty was within a mile to Perth,
after that Mr. Alexander had come a certain
space Willi Ills highness, he rod away and gal-
loped to Penh, before the rest of the company,
towards his brother's lodgirg, of purpose (as the
deponent behevcs), to advertise the earl of
Gowrieof his majesty's coming there. And as
his majesty was within two pair of 'butt-hingk
to the town of Perth, the earl of Gowne,
accompanied with diverse persons, all oo foot,
met his highness in the Inche, and saluted
him ; and inmiediately thereafler, his maje»tT.
accompanied with this deponent, the earl of
Mar, I nchechaftVey, sir Tho. Er&kin^ laird of
Urquhil, James Erskin, Wra. Siuart, sir Hufh
Ilerries, sir John Haui^ay, John Murray, John
Hamilton of the Grange, and John Graham of
Ba^owie, past all together, in the earl of Gov-
rie*s hnli ; the said earl of Gowrie, and the said
Mr. Alex. Q,uthven being baith present with
them. And after their entry, his majesty oyM
for a drink, which was a long time a-comin$:
and it was an hour after his first coming, before
his majesty got his dinner. And in the time
that his majesty got his desert, the earl of Cow-
rie came to this deponent, apd to the carl of
Mar, and remanent persons foresaid, aod de-
sired them to dine, which they did, in the bail;
and when they had near hand dined, the earl
of Gowrie cnrae from his majesty's chamber to
the hall, and called for ivine; and said, that be
was directed fcom his majesty's chamber, to
drink his Scoll (the word used then for drinkiog
:i health) to my lord duke, and the rest of the
company ; which he did. And immediatdv
after the scoll hud pass'd about, this deponent
did raise from the table, to have waited upon
his majesty, conform to his former directi>«;
and then tlif? carl of Gowrie said to the depo-
nent, that his majesty was gone up quietly, aui&i
quiet errand. And tljen, the said carl of Go«*
ric cry*d for the key of his garden, and pass'd m
company with this deponent, to the fcardenf
arrompanied wirh Lindorcs and sir Ilu^b He^
ries, and certain others: and bhortly after ther
being in the garden, Mr. Iho. (.Tanst<<uocuff>e
down to the garden, crying, the king's majestj
is on horseback, and riding tiiruu|rli the lucbe:
nnd then the enrl of Gowrie cry'd, * Hursf,
Horse.' And the said Mr. Thomas Cranatuun
answered to him^ Your horac is in town ; io
xvhilk the earl of Gowrie made him no aiis«cri
but cry'd, ' Ay, Horse, Ilorse.' Aud this depo-
nent and the earl of Gowrie rame first out of the
aurdcn, through the hall tn the clnss, aud cvioe
to the oute gate ; nnd this deponent speirdst
the porter, if the king was forth ; w ho answer'd,
that he w:ls assured that his niajisty wa.« wn
come furth of the place. I'hen the carl of Go*-
rio said, I ixm sure he is fi.'^t always ; stav, vf
lonl, drink, and I shnil gang up, andgecit^
verity nnd certainty thereof. Aud tlie said cvi
of Gowrie passed up, and incontinent cax
again to the closs, and he aftimied to this d^
ponent, that the king's majesty was furth at tk
back-gate, and away. W hereupon, this dtf^
nent, the earl of Growriey and Mtr, iiid bsi
both the summons, reasons and causes therein
mentioned, relevant ; and therefore admitted
the same to the Advocate's probation. Where-
upon the Advocate did produce the Letters of
horning duly executed and endorsed, against
Alexander and Henry Ruthven, Hugh Mon-
crief, and Patrick Kviot; bearing, that they
\% ore denounced rebels, and put to the horn,
(or crimes of Treason therein mentioned.
And the oaths nnd dcj^ositions of the Wit-
nesses, let nnd adduced by the Advocate, for
proving of the Treason against the defenders
(taken before the Lords of Articles), viz. the
Dtpositionof mnquhilc Mr. Thomas Craustoun,
nnd George Craigingelt, when they were exe-
cuted to death, for the foresaid crime of Trea-
son : and likewise, the Advocate repeated the
notoriety, with the cipcumstances of the matter
of fact, to prove tlie points of the Libel ; and
produced, the Depositions of all the witnesses,
which were all read, as follows :
The l^EPOsiriONS of tfte Witnesscs, examined
in prestnce oj'llic Lords of Articles, J'or prov-
ing <)flhe said tao Summonses of' Treason.
Tni: Duke of Lenox, sworn and examined,
depones. That upon the 5th day of August last
by-piist, this deponent, for tlie time being in
lalkliind in company with his Majesty, he
ssiw Mr. Alexander Ruthven speaking with
his grace before the stables, betwixt six
and seven in the morning ; and shortly there-
alter, his majesty passing to the hunting of
the buck, and havini; slain one in the Park of
Falkland, his highness spake to the deponent,
<lisyring him to accompany his majesty to
Perth, to speak to the earl of Gowrie. And
incontinent thereafii.T, this deponent sent his
aervant for anotlicr horse, and for a sword, and
lap on, and followed his grace: and as this
deponent overtook his grace, Mr. Alexander
Ruthven wiis speaking with his majesty ; and
shortly after the deponent's coming to the king,
his hi-lnn ss rode a-part, and spake with this
d( ponent, snying. Ye cannot guess, man, what
rrrand I am riding for ; I am going to get a
pose in Perth: and Mr. Alexadder Ruthven
has informed me, that he has fund a man,
tiiat has a pitchard full of coined gold, of ^reat
soits. And in the mean time, his highness on-
qiiircd of this d(;])oncnt, of what humour lie
thought Mr. Alexander to be of? Who answer-
ed, tiiat he knew nothing of him, but as of an
horic;?l discreet gentlenjan. And after that hi-s
hi«:lnK>3s had declared to this dep(ment, tho '
hail circumstances of the man who had the j
aald trold, the place where it was found, and •
wlio»e it was kciit ; this deponent answoKrrJ, 1
like not that, sir ; for that is not likely. And
they riduii; beside the bridge of Erne, his ma-
jesty culled to the dtponcr, that Mr. Alexander
disyred hitu to keep that matter of the pose se-
der, and taki? nobody* with him ; and then his
highness, both at that time, and there»ifter at
St. Joluistoun, within the earl of Gowrie's hall,
aaid to this deponer. Take taint where I pa>s
with Mr. Alexander Ru(hv«n, and follow me.
1 365] STATE TRIALS, 42 Eliz. 1 600.— and otftas, for High Treason. [ 1 366
companVy past furtb at the fore-gate of^the iog in arms within the clo&s: and aho saw other
iodging ; and staid before the same gate, upon persons carr^'in^ ane joist firrjm the town, to the
the street : and as they were standing there, cIom of ttie earl of Go^rie's lodging : and de-
advising where to seek the king, incontinent, dares, that there abode sundry {)en>ons within
and in the mean time, this deponent heard a the said close, and in the high streei» before the
voice, and said to the earl of Mar, This is said earl's lodging, crying and making tumult,
the king's voice, that crycs, be where he will; to the space of two hours main, next after the
and so they all looked up to the lodging, imd deathof the said earl of Gowrie, and his brother,
saw his majesty Inokin*:; furth of the window. Sic subtcribitur^ Lemox.
of the ladder brake : and syne, they send for ""' ^". ^^^^^'^^ '" company with the earl of
hanmiers; and notwithstimding lar^e forcing p"^"^ ^^ Vf^^ to a chamber where the
with hammers, they got not clftry at the said ^^^^ ^.'"f'*» «*"? '"^ "^^'""S °^ ^^^^ J^'^*' ^"^
chamber, while afur i he earl of Cowrie and his *"^«^^'^"«^ ^^«-
brother were both slain. That Robert Brown Andrew Henderson, chanihcrltiin of Scoon,
past about be the back-door, and came to sworn, depones, that he is of the age of thirty-
his majesty, and assured his highness, that it eight years ; declares, that upon Monday at
was my lord duke and the carl of Mar, that night, the 4th day of August last by-past, this
was jtricking up the chamber d(»or; and the deponent being, after supper, in company with
hammer was given throuj^h the hole of the door the earl of Gowrie and Mr. Alexander Kutli-
of the chaYnber : and they within brake the ven, within my lord's own chambiT; the earl
door and gave them entry : and, at their first of Gowrie enquired at this deponent, what he
entry, they saw the earl of Gowrie lying dead had to da to-morrow ? To whom this depo^
in the chamber, Mr. Alexander liutliven being nent answered, that he had to do, to ride to
slain, and taken down tlie stairs before their Ruthven, to speak with the tcneuts. Thea
entry. And at theT lirst entry «^ithin tliat the earl of Gowrie answered, stay that journey,
chamber where the king's majesty was, the de- you must ride to Falkland, in company with
ponent saw sundry halberts and swords stricking my brother Mr. Alexander ; and take Andreiv
under tlie door of the chamber, and sides there- Ruthven with you; and that ye be ready to
of, by reason the same was nae closs door; and ride be four hours in the morning : and hasto
knew none of tlie strickers, except Alexander thou back with answer, as my brother orders
Ruthven one of the defenders, who desired to you, by writ or otherways: and let Andrew
^>e9k with this deponent through the door, and Ruthven remain with my brother. And, in
•peird at him, For God's sake tell me how my the morning, after four hours, they rode all
lord i^ Gowrie was. To whom this deponent three together to Falkland ; and coming to
answered. He is well : and the said deponent Falkland, they lighted at John Barfour's house,
bad Alexander to gang his way ; and that he and seeing that colonel Edmund was there,
was ane fool ; and that he would get little they lodged in ane Law's house : and the
thanks for that labour. And, in the mean master sent this deponent about seven hours
time, as they were continuing to strick with in the morning, to see what the king's majesty
balberts under the door, meikle John Murray, was doing. And ns he was within the place,
servant to Tullibardin, was stricken through he saw the king's majesty coming furth the mid-
the legg; and how soon the said Alexander closs, booted; and then he returned back again
Ruthven had heard the said lord duke speak, to the master, and said to him. Haste you, the
Le and his hail complices past from the foresaid king's majesty is coming forth : and inconti-
door, and made no more trouble thereafter nent, the master followed his majesty, and
thereat, and passed down to the closs, and stood spake with his majesty foranent the equirie ;
there. And saw none of the remanent defend- and the king laid his hund on his shoulder, and
ers present, at the doing of the violent turns clapped him, where they spake together be the
that day, except by report, but the said Alex- space of ane qiuirter of an hour. And there-
ander Ruthven : but say», that he saw Hugh after, the master directed this deponent to ride
Monc.rief, Earn, and Alexander Daithvenies, to Perth in haste, as beloved the lord Cowrie's
and Patrick Eviot, with the enrl of Gowrie, at and his honour, and advertise his brother, that
the king's dinner that day; and that before and his majesty will be there, with a few number
tbercaft(*r, looking over the chamber window, incontinent ; and cause make his dinner ready.
lia saw George Craigingelt and Alexander Ruth- Tlien this deponent answered, Shall I rjde pre-
ven; and did see others of the earl of Gowric's seotlyP The master answered, no, but stay
tenrants, evbom this deponent knew not, stand- a-while, and follow the king and me, while I
13G7] STATE TRIALS, 42Eliz. \^00, —Proceedings agaimt the Earl qf Go^rie [130.<
speak with ids m:)jesty<agviin. And, as his ma-
jesty was ridinj; ihrougli the sloop of tlie Park-
dike, the master spake to his majesty ; and im-
inediattly thfreaficr, the master bad this de-
ponent io pass lo St. Jolmsrouii, with all pos-
sihle diligence, according to his former direc-
tions. /\nd, ai this depout-nts coining to Perth
his steel-bonnet, and cast his gantlet in the
paniry, and thert^dter followed the earl to tl)c
Inche, where he saw the said carl with liis ma-
jesty, the duke, and the earl of Mar, and came
in all topether to the earl's house. And alter
liis nitijesty liad come to the earl's house, tlie
master of lluthven spcird at this depouent.
it was shortly afttr ten h()urs in the morning, ! where the key of the gallery-chamber was?
he entered 'in the lord of Cowrie's chamber, ; Who answered, That he handled not the key
where he saw his lord speak with George iPay since the earl came in Scotland. Then the
and Mr. Peter liny : and how soon ;ny lord of master bid thb deponent speak to Mr. William
Guwiie saw this (Iqxjncnt, he came aside to Rynd to give to him the said key: and the
tlii;? deponent, and enquired secretly, what master passing up to tlje gallery, Mr. W. Uynd
word he iiad hroui;ht from his brother ?
and if lie had brought a letter } This depo-
nent answered, that he had brought no letter:
What answer then, said he, has he to me? This
deponent answered, that the master his bro-
ther bad tell his lordship, that the king's ma-
jesty uould be there incontinent; and bad
ha?tc h;s diinicr. Then the earl bad this depo-
nent to follow his lordship to the cabinet, and
speird at him, how his majesty had tane with
hisbrolwr? lie answered, that he was well
tane vNitli ; and when he did his courtesy, the
follt>wed him, and gave to him the said k^y : and
thereafter, immediately after his majesty'* down-
silting to his dinner, Mr. Thomas Cranstouo
came to this deponent,* and bade him gang to
the earl of Cowrie ; which this deponent did.
And the earl of Cowrie, in tlie outer chamber,
where the king dined, spake to this deponent
secretly, and bad him pass to the gallery to his
brother. So he passed up, and the €m{ fol-
lows him ; and they being all three toge-
ther in the gallery-chamber, (whereof he bad
the key from Mr. Wm. Rynd) the earl said to
king laid his hand upon his shoulder. The earl this deponent. Tarry still with my bn>tlier, aad
speirJ, what number of persons was with the
king at the hunting ? who answered, thiit he
knew not well : bnt that tJiore were sundry of
his ow n with hiin, and some English-men. And
tlien tiie carl speird, what noblemen were with
him? lie answered, none but my lord duke.
And tlieri.aficr, this deponent passed to his
Oivn house in the town, and look off his boots,
and returned to the earl within an .hour: and
h(»w soon the enrl s-ivi' him in his chamber, he
culled upon this deponent, and bade him put
on his secret, [a coat of mail] and plate-
sleeves. The deponent enquired to what ef-
fect ? The carl ai^swercd, I have an llijihland-
nian to lake in the Shoegate ; and then the de-
ponent p:i<scd to hii own house, and put on
his sccrtt, and pl:ite-s!ceve.>, came back ag:iin
lo the earl of Cowrie's house; and about Imlf
an hour to one, the earl comiu.mded this depo-
nent. Take up my dinner; and this deponeut
passed, and took up the lii>t service, by reason
Charles Crai^ingelt w:»s sick. And inconti-
do any thing he bids you. Then tliis deponent
came to the master, and speird. What will you
with me. Sir? Then the master spoke to my
lord, Let Andrew Ilenryson go into the round
of the chamber, and I will lock him in, aud
take the key of the chamber wiili me ; where
this deponent abode half an hour or thereby,
locked his alanc, having his secret, plate-
sleeves, sword and whinger with hini/ aud
wanting his steel bonnet. And all tliis tioic,
this deponent feared some evil to l)e done:
that, upon this, he kneeled and prayed to GuJ;
and about the end of the italf hour, Mr. .Alex-
ander opens the door of th^ room, :ind entcreJ
first within the same, having the km</s maje^y
by the arnt, and puts on his hat upon his head,
draws forth this Andrew Henderson depautui'i
whingtr; and says to the king, lia\ipf d.-e
drawn whinger in his hand. Sir, you niu>i Ic
my prisoner ; remember on my father's deatli.
And, as he held the whinger lo his nuiicslv's
breast, this deponent threw the samcn fuiUi ot
jient the said tarl passod to his dinner, acconi- i Mr. Alexander's hands. w'Vnd the lime itut
panied with ]Mr. John Muncrief, laird of Pet
crief, Mr. James Drnnimond, Alexander Pec-
ple>, baron of Findowne. And shortly after
the first ser\ice was set down, my lord sitting
at the table witli the foresaid company, Andreiv
linthven cwme in from the nuister, and roundtd
to the earl, bat heard not what lie said ; and
shortly after, this deponent passing down to
Mr. Alexander held the whinger to his ma-
jesty's breast, the king was beginning to speak.
The master said, Hold your tongue, ^ir, or. by
Christ, ye shall die. Then his majesty at**
swered, Mr. Alexander, Ye and I were \ery
* Upon the information of Hendcrsoiu and
other witnesses, Cnmstoun and Cnnpi:!?*it
take lip ill second service, Mr. Alex.'Uuthven I were pannelled before the Justiciary ai.bl»P-
antl Wni. Hlair came in to the earl, my lord ; stoun ; and upon clear testimonies and oa
fittini; at lisdintier: and hown soon mv lord their own confession at the bar (which I'ntv
s:uv tiien*, he and his hail company rose from the also adhered to on the scatlold) they were toiit
table; and then this deponent hearing my lord on
foot bid this deponent send for his steel-l)onnet
and gantlet, believing that my lord was going
to take tlie said Highland-man. And aji this
deponent perceiving my lord passing to the
, Inche, and not to the Shbegatc, he sent home
executed :• only alledging, that they did not
know of the design to murder the king; bat
that they intended to force the king to Dale
great reparations for the late carl of Gu«rie*s
death : and that this earl of Cowrie wu to be
made a great man.
1369] STATE THIALS, 42 Eliz. 1 60O.--and others, for High Treason. [137(t
great together; and as touching your fathcr^s
death, man, I was hut a minor. My council
might have done any thing they pleased. And
farther, man, albeit ye bereave me of my life,
ye will not be king of Scotland ; for I have
both sons and daughters, and there are men in
this to^n and friends that will not leave it un-
rcven^ed. Then Mr. Alexander answered,
swearmg with a great oath, that it was neither
liis hfe nor blood that he craved. And the
kiog said, what traiks, [what then] albeit ye
take off your hat; and then Mr. Alexander
took off his liat. And tlic kini; said. What is
it ye crave, man, and ye crave not my lite ?
who answered. Sir, it is but a promise. The
king^ answered. What promise.^ The said Mr.
Alexander answered. For,. my lord m^ brother
will tell you. The king sai(J, Fetch hither your
brother. And syne the said Mr. Alexander
said to the king. Sir, you will not cry, nor
open the whidow while I come again ? and
the king promised so to do. Then Mr. Alex-
ander passed forth and locked, and passed not
from the door, as he believes. In the mean
time, the kin«; entered in discour^ with this
deponent, How came you in here, man ? And
tliis deponent answered. As God lives, I am
shot in here hke a dog. The king answered.
Will my lord of Gotvric do me any evil, man ?
This deponent answered, I vow to God I shall
die first. And then Uie king bad tliis deponent
open the window and he opened the window
that looked to tijc Spy-tower : and the king
answered, Fy, the wroiij; window, man ! And
thereafter, thi<» deponent passing to the other
window nearest his majesty, to open the same;
l)cfore he got lo the window, Mr. Alexander
opened the door, and came in again, and said
to his majesty, By God ! there is no remedy ;
and then he loups to the king, and got him by
both the hands, having ane garter in his hands.
Then the king answered, I am a free prince,
man ; I will not be bound : so his majesty cast
loose his left hand from Mr. Alexander; and
at that same time, this deponent draws away
the garter from ^Ir. Alexander, and his majesty
loups free from the said Mr. Alexander, and
the said Mr. Alexander follows his majesty,
and with liis left hand about his majesty's crai^,
puts his right neeve [ti^t] in his majesty's
mouth : so his majesty wrestling to be quite of
him, this deponent put his hand out of his ma-
jesty's month. And thereafter, this deponent
did put his left hand over his majesty's left
shoulder, and ()uird up the broad of the window,
whcreunto the said Mr. Alexander had thrust
his majesty^s head and shoulders; and with
the force of the drawing up of the window,
' presses his mnjesry's body about, his right side
to the window: at which time his majesty
cries forth, Treason ! Treason ! So the mas-
ter said to this deponent, Is there no help with
thee? Wo wortli thee, thou villain ! wc all die.
So twining his hand on tlie guard of his own
sword ; and, incontinent, the king's majesty
put his hand on the master's hands, and staid
hun from drawing oF his twoid : and this ways
they both being grasped together, come forth
of the cabinet to the chamber : and, in the
mean time, this deponent thretv about tJie key;
tlien standing in the door of the head of the'
turnpike, wliich ^ntred to the chamber, and
opened the door thereof, lo eschew [escape]
himself, and to let his m:iiesty*s servants in.
And how soon he opened the door, John Ram-
say came in at the said door, with an haulk on
his hand, and passed to the king's majesty, aiMl
laid about him, and drew his whinger : and as
he saw him minting with the whinger, this de-
ponent passed furth at the said door, and
passed down tlic turnpike. And, as this depo«
nent parsed through the close, and came to
the fore-gate, this deponent saw the earl of
Gowrie standing before the gate accompanied
by sundry persons, of whom, he remembers
none ; hut remembers well, that the earl had
this deponent's knapschaw, or head-piece, on
his head, and two swords drawn in his hands :
and incontinently thereafler, this deponent
passed to his own lodging, where he remained
while the king passed furth of the town ; arid
then the deponent passed to the bridge, and
walked up and down by the space of an hour,
and returned not again to the earl's lodging.
And the time of liis entry to his house that
night, this deponent's wife inc^uired at this de-
ponent, What trouble was within the place ?
To whom he answered, Well is roe of one
thing, that if I had not been there, the king
had been twice sticked this night : but wo is
me for the thing that is fallen out. And this,
deponent being demanded by Mr. John Mon-
crief, after his returning from Falkland, where
have you been with your boots on ? answered.
He had been two or three miles beyond Erne,
and durst not tell him the verity, by reason
the carl of Gowrie had discharged him to tell
the errand, he sent him, to any body. And
farther, this deponent declares. That when he
saw the carl of Gowrie standing with the drawn
swords before the gate, this deponent spoke
not to the earl, neither yet the earl to him at
that time, but he passed to his own house; Sic
iubscribitur, Andrew Henderson.
The Abbot of Inchechaffrey, sworn and ex-
amined, depones, That, upon the 5th of August
last by-past, lliis deponent being in Falkland,
about seven hours in the morning, he met Mr.
Alex. Ruthven, accompanied with Andrew
Huthven ; and, at that tiiiie, only saluted th«
said Mr. Alex. Ruth> en, without any conference
farther at that time. And at that time, he saw
the said Mr. Alexander enter into conference
with his majesty, upon the green, hrt%%ixt the
stables and the park : which conference endur-
ing for the space of a (piarter of an hour, and
the said Mr. Alexander accompanied his ma-
jesty while they came to the meadow ; and, at
his returning from his majesty, this deponent
desired Mr. Alexander to di^june with him, by
reason liis own could not be soon prepared.
To whom Mr. Alexander answered, lie mieht
not tarry, by reason his raajetty hirf
U71 ] STATE TRIALS, 42 Eliz. l600,^Proceedings ag^inU the Earl qf Gctorie [1S72
ed him to await upon him. And, as this de-
poiient piii^sed to Falkland, leaving Mr. Alex-
ander behind him, met his horse with his man,
comincr from Falklapd to him; and (hen this
deponent, after he had disiuned in Falkland,
he took his journey tliey high-way to Inche-
chatireVi and the deponent being. but a mile
be-north Stramc(i;lo, iie is incoinpanied with
iny lord Duke, Lindores, the laird of Urquhill,
John Hamilton of the Grange, Finlay Tailzies;
and Mr. Alex. Huthven came by this Depo-
nent, ridmg the high-way to Perth. Then in-
contmcnt this deponent horsed, and accom-
panied his majesty to Perth, where he saw the
earl of Gowrie meet his majesty in' the Inchc,
Afid passed in company with his majesty, and
his noblemen, and servants, to the earl of
Cowrie's lodging, where they dined ail together.
And after dinner, this deponent being in the
chamber at the north-end of the liall, word
passed through the hall, that his •majesty was
passed away, and ridden towarrls Falkland ;
and then this deponent, in company with the
lord of Mar, and remanent present for the
time, passed to the close, and jVom that to the
high-street ; and the carl of Gowrie being pre-
sent with them, desired them to stay, while he
returned imd advertised them of the verity
thereof. And incontinent the earl of Gowrie
passed up the stair, and returned back, and
certified the Deponent and his colleagues of
his majesty's departure. ~ Then the lord Duke,
this deponent and remanent, cried for their
horses to follow the king. Then, as they were
standing upon the high-street, they heard ane
cry, and a voice ; and the Duke first declared,
I am sure, yon is his majesty's voice, be where
he will himself. And immediately thoreafler,
this deponent saw his majesty looking forth
of a whidow of the round, wanting his hat, and
his face red, crying, Yy, help, my lord Mar !
Treason ! Treason !1 am murder'd ! And, at
the same instant, to his judgment, was pulled
per force in at the same window. And, in-
continent thereafter this deponent passed in
haste up with the earl of Mar and my lonl
Duke, to the chamber within the gallery; where
he saw, heard, and did in all things conform
to the carl's Deposition. Sic subscribilur^
IxCUECHAfFREY.
The Abbot of Lindores, sworn and ex-
amined, depones, conform to the lord Duke of
Lenox, in all things : uddendo. That after din-
ner, when word was of his majesty's departure
towards Falkland, and that they had all alto-
gether came do i^n to the porter, and had in-
ciuired at him, gif the king's majesty was gone
furth.^ the porter answered, lie was not passed
furth : ana the earl of Gowrie athrmed, That
he was passed furth at the buck-gate : and the
Eorter said to the carl of Gowiic, That cannot
e, my lord, because I have the key of the
back-gate. And, after that his majesty had
cried furth of the window of the round, Trea-
son ! Treason ! &c. this deponent saw James
Erskia incontineotly lay hands on the earl ol
Gowrie upon the high-street ; and immediately
sir Tbo.- Erskin gripped t\\e earl of Gowrie;
Fy, Traitor ! this is thy deed, thou sbalt die.
Then the earl of Gowrie answered, I ken
nothing of the matter. Then instantly the
earl of Gowrie's men tugged the said sir Tbo.
Erskin and James Erskin from the earl of
Gowrie : who incontinently ran the space of
half ane pair of butt-lands from them, towards
Glennrchie's house, and drew furth his two
swords, and cried, I will either be at my own
house, or die by the gate. And incontinently
thereafVer the said earl, accompanied with
thirty persons, or thereby, passed within tlie
said place, wherein his majesty was for the
time ; and shortly after, the deponent, as ap-
peared to him, saw a multitude of people car-
rying a joist towards the place. Sic subxcribitHr,
LiMMRES.
Sir Thomas Erskin of the age of 36 yean,
sworn, depones conform to the lord Inrliechaff'
rey, and lord of Lindores, nddendo, That im-
mediately after this deponent heard his majes-
ty cry furth of the window of the round, Fy,
help : I am betrayed, they are murdering me f
he ran with diligence towards the place, to
have helpen his majesty ; and before nis cntrr,
seeing the earl of Gowrie, this depoAent and
his brother gripped him by the neck, and said
to him, Traitor, this is thy deed. Whilk earl
answered. What is the .matter ? I ken nothing.
Immediately the earl's servants se^-ered him
from this deponent and his brother. And this
deponent entered within the close, he fom-
thered with sir Hugh Herries, who demancfed
of the deponent what the matter meant;
and, in the mean time, the deponent heard sir
John Ramsay crying out at the tumpike-head,
Fy, sir Tliomas, cxime up the turnpike, even
to the head ! and, as this deponent had passed
up five steps of the turnpike, he sees and meets
with Mr. Alex. Ruthven blooded in two parts
of his body, viz. in his face and in his neck ;
and incontinent this deponent cries to st
Hugh {lerries, and others that were with him,
Fy, this is the Traitor, strike him ! und incon-
tinent he was stricken by them, and fell ; aiid
as he was fallen, he turned his face, and critnl,
Alas ! I had not the wytc of it ; tliis deponent
being standing above him in the turnpike. There-
after, this deponent passed to the head of the
turnpike, and cntercKi within the chamber at
the he:ul of the gallery, where the king and iir
John Ramsay were there alone present ; and,
at the first meeting, this deponent said to bis
majesty, I thought your majesty would h!»ve
concredited more to me, nor to have com-
manded me to await your majesty at the door,
gif yc thought it not meet to have taken nirn
with yo«. Whereupon his majesty aitswt'r»-«l
to this deponent, Alas ! the Traitor deccivfl
me in that, as he did in the leave ; for 1 c«Mn«
manded him expressly to bring, you to m*-,
which he promised to me to do ; and returned
back, as 1 thou|[lu, to fetch you ; bat he dtd
nothing, bat steiked the door. Shortly ilK^rc
1575] STATE TRrALS/42l!tw. 1600 and others, for tUgh Treason, ' [1574
after, sir Hugh I lerries followed the deponent of the gallery; the deponent having in the mean
into the chamber, and George Wilson, servant time his haulk on his hand, and having dung
to James Erskin : and immediately thereafter open the door, he sees his majesty and Mr.
Mr. 'Iho. Crunstoun, with his sword drawn in Alex. Ruthven in others arms, striving and
his hand, entered within the said chamber ; and wrestling together, his majesty having Mr.
the carl of Gowrie followed him within the Alexander's head under his arm, and Mr.
said chamber, with ane sword drawn in Alexander being almost on his knees, bad his
e\ery one of his hands, and ane knapschaw on hand upon his majesty's face and mouth: and
his head, who struck at tliis deponent and his his majesty seeing the deponent, cried, Fy \
colleagues ane certain space. Likeas, they dc- strike him laieh, because he has ane pyne
fended them and struke again : and at that doublet upon him. Whereupon the deponent
same time, this deponent was hurt in the right cast the Imulk from him, and drew his whinger,
band Uc Mr. Tho. Cranstoun ; and this dcpo- wherewith he strake the said Mr. »Vlexnnder ;
nent heard my lord of Guwrie speuk some and immediately after he was striken, his ma-
words at his entry, but understands them jesty shut him down stairs whereat this depo*
not. At last, sir John Rntnsny gave the earl nent had entered. Thereafter, this deponent
of Cowrie ane dead straik : and then the earl addresses himself to a window; and looking
leand him to his sword, and the deponent saw furth thereat, and saw sir Thomas Erskin, the
a man had him up, whom he knew not ; and deponent cried, sir Thonoas come up this tum>
how soon the earl fell to the ground, Mr. Tho. pike, even to the bead. In this mean time,
Cranstoun, and the remanent who accompanied bis majesty did put his foot upon the haulk-
him, departed and passed down the turnpike, leash, and h^ld her a lang time, while the de-
And the deponent remembers, that at that ponent came and took h«r up again, and then
time, there were more persons in the chamber sir Tho. Erskin entered. And in the rest de-
with the earl of Cowrie by Mr. Tho. Cranstoun, pones conform to sir Thomas -Erskin in all
hut knew nane of them, except that he he- points ; and further says. That when the depo-
lieves that ane black man, that was there in nent first entered within the chamber, he saw
company within the chamber, was Hugh Moo- a man standing behind his majesty's back,
crief, brother to the laird of Moncrief ; but whom he no ways knew, nor remembers what
the deponent knons not well, whether or not apparelling he had on ;^ but after that this de-
it was Hugh Moncrief. Sic subscribitur, ponent had striken Mr. Alexander, he saw that
Sir Thomas Easkin. man no more. Sic subscribitur,
Sir John Ramsay.
Sir John Ramsay, of the age of 23 years, or joj^,, Graham of Ufquhill, sworn and cxam-
thereby, sworn, depones, That unmediaiely jned, d^-pones conform to the lord duke of Le-
after he had dined, the day libelled, m the earl ^^x and the earl of Mar in all things, reddeng
of Gowne s house he took his majesty's haolk g^ndem causam scieutia ; adding. That this de-
Irom John Murray, to the effect the said John ponent the time that he was at dinner in the
might have dined : and the deponent missmg talj^ ,,.^1^ lo^d duke and earl of ]Vlar, he
his majftity, and forgathering with the laird of ^aw the king and Mr. Alex. Ruihven past
Putencrict, in the earl of Cowrie's hall ; and t,,rew the hall up the turnpike, towards the
demanding of Putencrief, where his majesty jj^ . ^^ .^ ^his deponent, John Iliunilton,
was? the said laird hi-fct convoyed the deponent ^^j others, were following, Mr. Alexander
to the cnamber where the king dined, thereaf- ^^^icd back, gentlemen, stay, for so it is his high-
terto the yaird, liopmg that his majesty had ness's will. Sic iubscrihitur,
been there: and missing his majesty m the John Graham, of Uruuhill.
.yaird, convoyed the deponent up to ane fair ii/^i mi ri_ i- ^^
gallery, xThere the deponent was never before ; J"''" G"*""? "^ ^6°!r"!r "^ ""' "8* "/ ^
^here Laving remained a certain space behold- ''^"r' f i^'," ^' "".f?^* "''P"""' ?"f°r™
iog the gallery, they came both down to the '" *''* '""* ^"''^'" ^." ' "T =«<'''ing, that this
cios., where they met with Mr. Thomas Cran- ''ep-'i.ent the day hbelled, after the death of
•toHn in the midst of the closs, who said to |».'e carl of Gowne and his brother, and heanng
them, that his majesty was away upon horse- ^.s majeMy report, that Mr Alexander pressed
back, at the luch'e: whereupon thUeponenl to havi- bound his hwhness « hands w.th a gar-
and Pitiencritf sindercd ; and the deponent '7 ; ""» deponent found a garter at the cheek
passed furth of the gate, to liis stable, to of the round door among the bent, and imine-
Lve gotten his horsr, and being standing at «'""*''y "•^r*'"'.'f *'* ''^ponent prpented tlie
the stable door, he heard his majesty cry, f ?"" .'"* •"» ''.'S''"'?* = '"'* " '*"« sight thcreot.
knew hi. hipi.iiess's voice, but undci>tood nit •"' "'"J*"*? f,""' T^" "!.* *""^ ""5 '^ 8^"
wherewith Mr. Alexander pressed to have
■no struggling and din of mens feet, he ran I Mr. John Moncrief depones as follows, to
with his hail force at the door of the turnpike- wit, That duy I was still present wirh mv lord
bead, which c;tt<-rs to the cliauibcT :it the end < of (iowriv, untu the time I he 'y
1375] STATE TRIALS, 42Eliz. IGOO.^Prcxeaiings against the Earl qf Gawrie [1370
cry, Trensoii ! and saw him put his arm furth
ot' ttie window ot* tiie room, and then left him :
for I conceived in my heart it whs plain trea-
son, Conspired against his majesty, and was
induced hereto in i-e!>pect of tiicse preMnnp-
tiuns following : first, I saw the king's majesty
and umquhilc Mr. Alex. Ruthveu my lord's
brother go furlh at the huiUdoor their alanes;
whereas his majesty bid no weapons, and Mr.
Alexander had a sword. Next, I saw his ma-
jesty coine in a quiet and sober manner to the
town, wherethrough appeared he would have
no e^il purpose in his mind. Item, He said,
Mr. Alexander riding to Falkland in the morn-
ing, was obscured from me and my brother
Hugh where he was ; and I having enquired of
my brother Hugh where he was riding to, be
knew nothing thereof; so that neitlier he nor I
could get trial of the same. Item, I having
enquired at Andrew Henderson himself, who
rode to Falkland) and returned two hours be-
fore him, saluted me and- answered, That he
had been two or three. miles above the towi; ;
^ and says, the said Andrew had another doublet
on, more tlian he used commonly, and was more
bulksom ; and, as appears, might have con-
tained ane secret. Item, That day being the
council-day of ihe town, my lord excused him-
self, in respect of his advice. Item, I having
pressed him to subscribe ane confirmation of
ane lady's, first refused, in respect aforesaid ;
always passed it thereafter. Item, my lord
tarried longer from his dinner nor he used :
and albeit Andrew liuthven, who was with the
master, came and rounded my lord at the
board, he made him to misknow all things, unto
the time that the said Mr. Alexander came
himself, and then raise from the board, and met
his majesty. Item, My lord obscured altoge-
ther, that he knew of the coming of any man,
while the master came. Item, Mr. Thomas
Cranstoun was the first that I heard cry. The
king's majesty is away. Item, After my lord
duke and my lord Mar, and his majesty's ser-
vants werp in the close, my lord of CJowrie
came back again to the hall, saying. The king
was away : so that, as I thought, he would have
eacli man thinkiu'j; so. And I thought his ma-
jesty was not received with that hearty com-
plements as became. Item, after his majesty's
ridins aw;iy, mv brother IIn;i1i came to my
house, and I entjuiring of him what he thought
of thir matters ; answered, Dcforc God, so far
as I can perceive, I trow, it .sh ill kyth ane plain
treason on my lord's pait. And I speiring at
him, if he knew any things theseof .? answered,
he knew nothin|j;; but he and Henry Uuihven,
after all thini^s were ended, fell in conference
thereartont, and he thought things were likely.
I/istly, Andrew Henderson's letter moves me
most of all. And, upon my salvaiion and con-
demnation, 1 know no farther in this matter;
nor yet can remember of any other circum-
stance or presumption, might have induced me
to conceive the former, wbicfi I apprehend, in
manner foresaid. Sic tubscribitur, Mj^. Juusi
JtfONCRIEF.
I Andrew Jloy, one of the baillies of the
burgh of Perth, be thif presents testifies upoa
my conscience in the sight of God, as I shall
an*iwer to him in the great day, that upon the
fifth day of August, one thousand and sii hun-
dred yc£^'s, 1 beiug in the umquhile earl of
Cowrie's lodging, when his majesty wss there,
saw his majes^y, after his dinner, accompanied
with the master of Gowrie rise from the tat le,
and gan^ furth of the chamber where he had
dined ; but, to what place, I know not; beuig
beholding the said umquhile earl of Gowrie^s
entertainment of the noblemen, in drinking bis
Miajesty's scoll to them; which his majesty, be-
fore his rising from the table, had commanded
liim to do. And after this, the lords, viz. my lord
duke, my lord of Mar, my lord Lindores, aaJ
my lord of Inchechaftery, with sundry of his
majesty's gentlemen and servants, acconipanied
with the earl of Gowrie in person ; and short
space after dinner, had missed his majesty, and
enquired where he should be ; they went to die
fore-gate, and speired at the porter, if he stw
the king go furth at the fore-gate? and heard
the porter answer. That his majesty was not
gone furth that way. Also, that the carl of
Go^aTie said to the porter. Ye lie, knave, he is
furth; and the porter replied, that he should
give his head, in case his miijesty was furtb.
Yet, upon the carl of Gowne's assunuice,
that his majesty was furth to the Inche, the
lords issued out in haste at the fore-gate, and
speiring where the king was, I s;iw ane din^ up
the long front-window, in the north-side of the
turret, upon the high-gate ; but who dang k up,
I know not. And farther, saw clearly his ma-
jesty shut furth his head and arm at the foresaid
window, and heard his majesty crying loudly. Ft,
treason! treason! and murder! help, earl of
Mar ! Whereupon, I being very agast, and woo-
derfully astonished, at that cniel and terrible
sight, and pitiful and woful cry, I not knowing
what the matter meant, but perceiving his ma- '
jesty in cxtream and great danger, ran with ill
f)oskible . diligence thro* the street*, crjin?
oudly, Fy, treason ; treason against tlie liiur I
for God's sake, all honest men, haste and re-
lieve the king : and commanded to rin;; the
connnon bell, that all might come in haste to
his majesty's relief; and then I returned with
all possible diligence, with a great number of
the people with me, and came before the fore-
said turret and window, where I saw his ma-
jesty iirst cry out ; and then I cried out, Hot
is the king ? But my lord duke and my lord
of Mar answered. The king is well, (jjraiac he
to God). Then I cried again up to his majes-
ty, and shew his majesty, That the baillies anJ
town>hip were then come, in all haste, tn sup-
ply aiif! relieve his majesty : and therefore be-
souj^ht his majesty to command what was li.>
uiijjtsty's will, and best to be done. Ar.d then
his majesty l^eckoncd furth his hand to me and
to the people, commanding me to cause the
people retire them to their lodgings. Which
commandment I incontinent obeyed, andc<Hii-
manded all manner of men to retire ibemteKo
1377] STATE TIUAI^S, 42 Eliz. 1600.— mdothen, for H^hTmuoii. [1378
'.la their lodging* ; and libemise pQtKcl to tlie and Harry Rutlivcn, and HugliMoncripr,coni*
mcrcat-crun, and, by open proclaroattun coin- down the litlle turnpike, nlicru ibey nnJ my
manded in his hinhiiess'a name, ihui ull ineii lord luid ascended ; itie seidi ilirce persons
■hciuld retire tbem to tlieir lodgings, under ilie having drawn swords in titeir hand* ; but saw
pala of [reiisoQ, who obeyed not iuconliiicnt not fatciclt Evioi there. And tliis depoornt
after inv charge. And thisliesiifv "> tic of says, that afttr the tumult \vn« risen, aaJ tins
verity, by the faith and truth of my hudj, st> deponent pressint; to enter iviiliiii tlie place,
I'aras 1 jiAtly can remember. In uitui'iis of lie w:is » little ilniil by lliem in ihe place; but
which, I have subscribed these prc>eiit>, with ihcy yidded at once, and ihe^ Jcponeni ftm
my hand, at Perth, ihe 13thof Octnbtr, IiiOO, ciitiy. Likciviic lie saw a jnisi liought from
before these Witucssies, Mr. I'attick ClLiliu.mh, the town, and set up at the wall uf the close ;
minister to his mnjetly ; James Drunnnimd of but who brought the lamen in, he knuwi nni.
LetcbrI ; Oliver Yuuii^ Conklantinc Wnlt^re, Sic iubsrribitur, Ai.cxandi.ii Ulur, Dpneni'
Thonuu Johnston, U.iillies ; Henry Elilci-, unil of U.dtliyik.
*^'^^''J,„^'*P^ Anderson, Andrew aiow«t, Oeorge Hny, prior of Charlerliouse, of the
•nd Wdbam Jack, Burgesses of Perth. S.c ageof iwentyieishtycar,.or .l,erehv,mar„ed ;
«*«:r<>.(Br, ASDKEW Itov. Uailhe, w.^. my ^j^ ^„,J,,„,„ ^ j ^^, ,„^ ,, j^ ■ 'f j^
hand. — Mr. Patrick Gidlowrth ; Junies Diuin- ■ "^ .. . ■ - '
I nil things, after his majesty's ^ . .
Juhniloun, the day libelled: adiling, that
en day, tltC depnnent having ado in St.
ustoun with th(> enri of Cowrit, ;iiid speak-
ing with him in his own place, he :aw Andrew
. Jahn Henderson come in booted from ralklund, and
heard the said enrl at' (iuivrte enquire of iht:
said Andrew, whn was wi;h hi^ majesty in
Fidklaiid i And t'lereafier, (he said earl look
- "^^.i u^- ''i^ *"'<' Andrew Henderson to the cabinet,
r, this depo- ">*', after a certain space, the eurl cnmiug to
taw my lord' duke, the carl of Mar, the the, chamber, he gave this deponent his dis-
earl of Cowrie, come to the close : and my P"'^'' ! '"y^"%> Tliat he In.d to do that day,
lord duke speird at this deponent, if his ma- '"° ""K"' i"" a""it o' •>« etrand, and bade
jesty «a»passedfurthoftheclosef Thedepo- him coine ano.lier dny. Sic (amriktur,
nent answered, that he was not furth. Then Gronor Hay.
the lord of Mar i.iid, Billy, Cell me the verity, Mr. Peter H:iy, of the a^e of thirty years,
if his majesty he fiirth or not ? And he answer- or ihcrchv, nmcrird ; ((cpiiiit'-i, cnnfunn tu
cd. In trutli he ii not furth. Tlio earl of Georj^eHay in nil tliingv the wi)tle^s innnedi-
! looking with nn nngry countenance, ately preceding. Sk siiburibitur, Peii n H*r.
inond ; Oliver Young, Bniliie; Thomas John-
•toun, Baillie ; Kuhert Anderson ; Andrew
Arnolt; WiUinm Jack ; Henry Elder, Scribe ;
Robert Christie, porter to uiuqnhili
earl of Uowric, of the at;e of ihiriy yeari, ■
iulat, deponei, That he was porlfr to the ci
of Uowrie, (lie fiiih djy of AuKuaC libelled :
ticklike he was by the space of fiie weeks be-
' And shortly after the '' " "
•aid. Thou lied, he is fuclh at the back-gate,
&nd through tl»e Incite. Then this deponent
Antwered, Tliai cannot be, my lord, fur I have
the key uf iIil- buck-^te, and of all the gaiek
of tltf place. Theraher, this dei
and taw his majesty looking furt)
Robert Graha
nmincd, depone<
Lenox,, after thiiC
Sic lubitribitur, I
Oliver Yoi
of Tliorink, s
conform to the duke of
lis majesty entered in Penh.
UDEHT GnAIIAU.
, haillie in Perth,
dow of the round, and crying, Treason ! Trea- examined, depono. That theday libelled, t
n ! fy, lielp, my lord of Mar ! And inconti-
nent, toy lord unke, the earl of Alar, and
others, run up the stair oF the turnpike to the
gallery ; and thereafter, the lord of Goi
came from the high-street, within the rl
having a stetl-bonnec on his head, a drawn
•word in his hand, accompanied with Alex-
ander and Harry liUiilivcn, Patrick Evint and
Hugh Moncrief, Mr. Thomas CranMoun ; ull
hsving drawn swonls in their liaiul), and pass-
ad all logetber with my lord, up the old turn-
pike ; but what was dune wiihin the house nnd
{ilace thereafter, knows not, hut by report ;
ne'tfaer saw he any joiit brought to (he place,
hy any of the town. And knows no more nt
the matter. Sic lubicribilur, Rodcrt Ckuis-
depunentwasin the eail of Guwric's lodging,,
where lie saw tlie king di.io; and after dihner,
saw the king's iii:ijesty and .Mr. Alexander
._ Ruthven puss their allniies ihrou^h the htdl,
lose, ^"'1 up tl>< turnpike ; nnd iiniiicdinti' thereaiter,
this deponent passed tu his own lodjziiit; in tho
town, » hero he abode while the cry nnd tumolt
raise; and incuillinent, this deponent running
to the place whereat his mnjcstv crvid out at
the window; and. comumnile:! I'tii, 'deponent,
by name, to stay the tumult ufllie ponplc: (ho
"bi( li, this deponent olieyed nnd did ; nnd saw
Huj;h .Moncrief, c.imiui; furth of the place;
but his Dice hein»; bloody, nud Il.try Ituthven,
oik: ofihedGfcndcr<, ut tbeimiuiliofihi- unier-
K-iIl', Hiih a drann Kwurd in his hand: nnd
Aletander Blair, younger of Balihyik, swum
and e^nnined, depones, conform to iminedialf
prtredtnti ; excej>l, That lie Saw liot my lord
uf Cowrie pus with his company, and dr.-iwn
•word*, up tb« tgrgpike : btit law Alexander nent, Immediately after (hi' c
James Drumm<md of Pieariii
examined, depijin."., ctmi-rmia ii
ccdeitii itt omNiiii.t ; adding that
■:d
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1581 ] STATE TRIALS, 42 Eliz. 1 6CfD — and others, far Ili^h Treason. [ 1 3 S2
' tors shall be carried, upon jVIondAy next, to
' the public^ cross of Edinburgh; and there tr>
' be hang'd, quarter'dy and drawn, in presence
' of the hail people : and thereafter, the bends,
' quarters and carcasses, to be atiixM up6n the
' most patent parts and places of the burrou(;hs
' of £dinbur;'li, -Perth, Dundee and Stirling.
' And this I give for doom.'
Besides the personal Sentence given against
the earl of Gowrie, this Parliamerjt did, bj
distinct Acts, disinherit and inlKibilitnlc the
brethren, and all the posterity of the earl of
Gowrie, from enjoying any heritage, place or
olfice within Scotland ; and discharging 'all per-
sons whatsoever to move or intercede tor them,
under high pains. — By another Act, the sur-
name of Ruthren is appointed to be extin-
guished and nbolish'd for ever; and such of
tliem as were imioccnt of this Treason, were
ordered to take other names, and to be inserted
in puhlick Recdrds. — By another Act, the 5tli
of August was appointed to be observed for
thanksgiving, annually, and in all time coming,
for the king's deliverance from the said Trea-
son.*— By another Act, the lands and estate
of Uuthven were annexed to the patrimony of
the crown. And, by several other particular
acts, sir Thomas Erskin, (afterwards earl of
with ane bloody head, and Patrick Eviot's mnn^
likewise blooding ; and also saw Patrick Erioi
come furtb of the hall ; but remembers not if
he had ane sword in his hand : and saw also
Alexander Ruthven come forth with ane sword
drawn in his band. Sic subscribitur Aluander
Peebles.
TAe Sentence and Dooh^ pronounced by the
Lords and Estates of Parliament for tiigh-
Treason, against John Earl of Gowrie, and
his brother Mr. Alexander Ruthven,
To repeat the Libel and Executions, or the
Libels verbatim, would be ubclessly tedious to
Readers; therefore I insert the Doom or
Sentence verbatim, pronounced «n the 15th
of Nov. 1600.
' The saids Lords and Estates of Parlia-
* ment finds decerns and declares, that the said
* umquhd John earl of Gowrie, and Mr. Alex-
' ander Uutiiven his brother, committed and
' did open and manifest Treason against our
* sairl sovereign lord, in all points, articles
*-and mattrr contained in the said summons :
* and tiiereibre it was given for Doom, by the
* mouth of David Lindsay dempstcr of.parlia-
' ment, in manner and form as follows :
* Tills court of psirliament showes for law,
•* that the said umqubil John earl of Gowrie,
* and umquhil Mr. Alexander Ruthven hi'j
' brother, committed the foresaid crinve of
* Treason and Lese-majesty in their life-times,
* against our sovereign lord and his authority
* royal, in manner at length contained in the
* said summons ; . and therefore decerns and
* declares the name, meiHory and dit;nity of
' the said umquhil John e^rf of Gowrie, and
* umquhil Mr. Alex. Ruthven his brother, to
' be extinguished, and their arms to be can-
' ceird and deleted ftirth of the bonks of arms
* and nobility ; so that their posterity shall be
* unhabile, and uncapable in all time coming to
* bruik, possess or enjoy any otiices, dignities,
* honours, 8ucce<>sions, possessions, and all
* goods, moveables and immoveables, rights,
* titles, hope of succession, and otliers what-
* somever within this realm ; and aU goods,
^ lands, rents, offices, benefits, honours, dig-
^ nities, hope and appearance of succession,
* rights, titles, possessions; and other {roods and
* gear, moveable and immoveable, and to theirs
* whatsomever, whilk is any ways pertain'd to
* the said umquhil John tarl of Gowrie, and
^.umquhil Mr. Alex. Ruthyen his brother; or
< whilk is by any right, title, hope of succession,
* possession, or any other manner of way might
* have belong'd or pertain'd to them, to be con-
* fiscated, devolved in oor sovereign lord, and
* to appertain, to his highness: and in all time
* coming, remain in property with his majesty
*.for ever. And farder, his majesty and estates
' foresaid, in detestation of the said liorrible,
* unnatural and vde treason, attempted by the
' said umquhil John, some time carl of Gowrie,
* and umquhil Mr. Alex. Ruthven, against his
'* highncss's own life ; . decerns, statutes and
' 4>rdaiii5; that the said bodies of the saids trai-
* For observations on this new Holiday, spc
Rapin (oct. edit.) voL ix. p.-Sfil. — Lord Chan-
ccUor Bacon in fiis Letter to the Marquis of
Buckingham, dated Ang. 5, 1618, (Sec his
Works, vol. iv. pnge 670) says, " I am here re-
joicing with my neighbours the townsmen of
St. Albans for this Ilnppy Dny.*'
Mr. Stephens in l)i> Note on that passage in
Lord Bacon's Letter, says, " The 5th of Au-
gust being the Anniversary of the king's deli-
verance fifom the earl of Gowrje's Conspiracy,
was b? some calfd the Court IIoLy-Day, and
ridicui'd as a fiction, though the truth thereof
being deliver*d down by archbi:>hop Spotis-
wood, and other good llistorians, 1 &ec no
great reason to call it into question.''
*' In the Parliament which condemned Jolm
earl of Gowrie, and his brother Mr. Alexander
in the year 1600, lot it be considered, that a
great part of the nobility, and many of the
gcotry, which did sit in that parliament, were
descended of Gowrie's family, and nearly allied
to it. As. also the lords of the Articles, w\v>
did examine the Witnesses and Evidences, seve-
ral were of near relation to the Panel, par- '
ticuiarly Lenox and Levingston ; and the
barons and burisesses being elected^ members,
not by the king and court, but by the barons
and burronghs, and two bishops and four
abbots, churcli'tnen, being also of that number;
wlnt gromul remains for doubting their impar-
tiality and veracity, in making a report of what
was asserted and sworn so publickiy by the
witnesses ? And all the Depositions, ami written
Evidences, being then recorded, do vet remain
in publico custodia.** Earl Cromerty s Account
of the Conspiracies of the eacb of Gowrie^
page IS.
1383] STATE TRIALS, 4(2 Eli z. 1600.— Proceedmgi against the Earl qfGi>afrk [ISSV
Kelly,) sir John Ramsay, nnd sir Hugh Herriet,
and sume others^ wito did inoiit itnmediateiy
priscrve ihe king's person, had benefices and
other ("iivours conferrVI upon them in par-
liament.
The Sentence and Doom pronounced hi/ the
Lords and Estates of Far I lament, for High
Treason, against AUxander and Harry Ruth-
tens, Hugh Moncretf and Pati ick Bviot ;
V ho were actors in the same crime, and judged
hj/ the same Parliament, on the 15ih dat/ of
Kovemhcr 1600.
* The saids Lords nnd Estates of Parliament,
* finds, deceniif, and declares, that the saids
* Alexander and IlariT Rnihven, Hugh Alon-
* creif, and Puirick Eviot, and ilk ane of them,
' comniitced, and did open and manifest trea>
' son against our sovereign i ird in all points,
' articles, and manner contained in the said
' buinmous ; and therefore it was given for
* doom by the mouth of David Lindsay, demp-
< Ster of parliament, in manner and form as
* follovi 8 :
* Thii court of parliament shows for law,
< that the saids Alexander Ruthveo, liarrf
* lluthven his brother, sons lawful to ornqolul
' Alexander Ruthven of Frceland ; HugbMon-
* creif, brother to Williana RJoncreif of that
* ilk ; and Patrick fiviot, brother to Colin
' Eviut of Balhousie ; comtnitted tlie crimes of
* Treason and Lese-majesty against our sore-
* r^gn lord and his authority royal, io maoDer
*■ at len&<^th contained in the said sumiDons : and
' therefore decerns and declares their penooi,
* to underly the pains of Treason aiid Lese-
' majesty, and last punishment prescribe by
*■ the laws of this realm ; and all their goods,
*■ moveable and immoveable, as well beritai^
* asofikes, benefices, and others w hatsocntver
' pertaining to them, or whilk is, might any
' ways belong, or appertain to them, to l»c
' confiscated to his majesty, and to remain with
' his highness in property for ever; and tlieir
*• posterity to bo now, and in all time comiog,
' uncnpable and unhabil to bruik and po»ir«
' within this realm, any honours, dignities,
' othces, benefices, successions, or other goods
' or gear, moveable or immoveable. Andf this
* I give for Doom.'
Go\A rie's Conspir acie : A Discovrsc of the vnnatvrall and vylc Conspiracie, attempted
• against the King's Maiesties Pei*son, at Sanct-Johastovn, vpon Twysday the fifth
of August, l(i(iO. Edmbvrgh, printeti, IGGO, Cvm Privilegio Regie.
{Prom the Somers* Tracts, 4 Coll, vol. I. p. 213.]
low courtesy) drawing his maiestie a-part, be
bcginnes to discourse vnto bim, but with a
verie dejected countenance, bis eies euer fiicd
vppon the earth, how that it chanced him the
euening before to be walking abroad about the
field:*, taking the air, solitane aHone, without
the t'um of Sanct [ohnstoun, whcr his present
dwelling was with the lord his brother; and
there by accident affirmed to haue recountred
a base like fellow, vnknowne to him, with a
[This is one of the earliest Accounts of this re-
markable Conspiracy, and therefore deserves
to be reprinted, nut only as it is very rarely
to he found, hut as it is very clear and ele-
gant, with rcj'urd to tin? dialect in which it
js written, in the lanj;nngp, though some
passages may appear uncouth, no alteration
iias been made ; both because we would not
depart from the fidelity that we promised,
nor, by changing expressions, give leason to
suspect, that we take the same liberty with I cloke cast about his mouth; whome at as he
facts ; and because the language may he, to
some, no less an object of curiosity, than the
events to others.]
His majesiie having his residence at Falk-
land, and being daily at the hnck-lmnlin^, a<i
his vse is in that season, vpon the fifth day of
August, being Twysday, hee raid cyiit to the
park, betwixt six and seucn hours in the morn-
ing, the weather beeiug w^mdc-rrull pleasant
and seasonable. But, before his maiestie
could leap on hor^e-back, his hienes being now
come downe by the equerie, all the huntis-inen
«\ith the hounded attending his m.iicstic on the
greenr, Jind the court making to tlieir hrirses,
as his hienes self was ; inaisti r Alexander
Knthven, second brother to tije late carle of
Oowrie, hcin*^ then lighted in the toim of Fulk-
Innd, haisted him fast downe to (tuer-takr his
maiestie before his on-leaping, as he did:
Where meeting his hienes, after a verie low
courtesie, bowing his head vnder his maie>ties
kuce (although he was neuer wont to make so
enquyrcd his name, and what his crand was, to
be passing in so solitary a part, being from ill
waies. The fellow become at the suddnin so
aniased, and his tongue so faultered in hit
mouth, that, vppon his suspitious bchuuiour,
he begonth more narrowly to look vnto him,
and examine him ; and, perceauing that there
appeared some thing to bee hid vnder his
cloke, he did cast by the lappes of it, audso
findes a great wyde pot to he vnder his arrne,
all full of coyned g(ild in great pieces. Assar-
in^ his maiertie, that it was in verie great
nuaintitie : Vpon the sight wlicreof, as heeaf-
nrmed. he took back the fellow with hi^ bur-
then to the toun ; where he privatly, without
the knowledge of any huini;, took the feIk>W|
and band him in a privio denied house, and^
after lokking many dares vppon hiai, left him
there, and his |;r>t \«ith him, and had b«usted
himself out of Sanct-Iohnstonn that dav, by
four houres in the mornmir, to make hit maie*"
lie aduertiited thereof, according to his boond
dutie : Earucsilie requesting bit ni&icstiei with
1385] STATE TRIALS, 42 Eliz. iGOO.^-'^and otherh Jot High Treason. [1S80
all drligence and secrecie, that his maiestie
might take order therewith, befure anie knew
thereof; swearing and prote^tinf^ that he bad
}ret concealed it from ail liuiiig, yea, from the
carle his owne brother.
His maiesties first answere was (after thank-
ing him for his good-will) That it could not be-
come his maiestie to meddle any waves in that
matter, since no mans treasure, that is a free
and lawfuli subiect, can bv thelaweappertaine
vote the king, except it ^ee found lud vnder
the earth, as this was not. Whereunto he an-
swered, That tlie fellow confessed vnto.him,
that he was goins to haue hid it vnder the
ground, but could not take lea&ure at that
time to enqiiyre any further of him. Where-
•unto his maiestie reply ed. That there was great
difference betwixt a deed, and the intention of
a deed ; his intention to have hid it not beeing
alyke as if it had beene found alreadie hid.
Maister Alexander's answer was. That hee
thought his maiestie over scrupulous in such a
matter, tending so greatly to his maiesties pro-
file : and that, if his maiesty deferred to med-
dle with it, it might bee, that the lord his bro- .
ther, and other great men, might meddle with
it, and make his muiestic the more a-doe :
Whereupon the kin^, bej^inning to suspect
■that it had been some forrainc gold, brought
liome by some lesuites, or practising Papists, '
therewith to sturre vp some newe stnlition, as
they have oftentimes done before, inquyred of
the said M. Alexander, What kinde of coine it
was, and what a fellow hee was that carried it ?
His answere was. That, eo far as hee could
take le:isure to see t)f them, they seemed to
bee ftirraine and vncouth strokes of coine ;
and, although that the fellow, both by his lan-
guage and fashion, seemed to bee a 8cots fel-
Jow, yet hee cuuld neucr rsmemher, that hee
had beene him before. These speaches in-
creased hi.H maiestie:} suspition, that it was for-
Tttine coyne, brought in by some practising Pa-
pists, and to bee (ii^trihtited into the countrie,
as is before said. And that the fellowe, that
carried it, was some Scots priest or seminarie,
so disguised for tl>e more sure transporting
thereof. Whereupon his maiestie resolved,
that he would send backe with the said Mais-
ter Alexander a seruand of his own, with a
warrant to the prouost and bnillies of Sunct-
lohnstouD, to receaue both the loUow and thr
money ofFmaisrer Alexander's hand, and after
thcY had examined the fellow, to retaine him
•11(1 the treasure, till his maiesties further plea-
wire were knowne : Wlicreat the said ntaister
Alexauder sturred mcruelouslie, aftirming and
prutei»tiog, that if cither the lord his brother,
or the baillies of the toun were put on the
counsal thereof, his maiestie would get a veric
bad compt of that treasure ; swearing, that the
^reat loue and affection, he bare vnto his ma-
iestie, bad made him to preferre his maiestie,
in this cnce, both to himself and his brother.
For the which seruice Jie humhiie rruued that
recompence, that his maiesty would take the
p«ine» onct to ryde thither, that he might bee
the first seear thereof himself; which beeing
done, he woulde remit to his maiesties owne
honorable discretion,, how far it would please
his maiestie to considder vpon him for Lis ser-
vice. His hiencs being stricken in great admi-
ration, both of the vncouthnes of the tale, and
of the strange and stupide behauiour of the re-
porter ; and the court being alreadie horsed,
wondering at his maiesties so long stay with
that gentleman, the morning being so fair, the
game alneadie found, and the huntismen so long *
staying on the fields, on his maiestie, he was
forced to breake off onlie with these words :
That hee could not nowe staye any longer from
his sporte, but that he e would considder of the
matter, and, at the ei)d of his chase, giue him a
resolute answere, what order he would take
therein. Wherupon his maiesty parted in
haste from him towardes the place where the
game was. Maister Alexander parting from
his maiestie vcrie miscontcnt, that indehaiedlic
he raid not to Sanct-Iohnstoun, as he desired
him ; protesting, that his muicslic would not
fmde tuerie day such a choisc of hunting, as
he had offered vnto him ; and that hee feared,
that his maiesties long delay, 4ind slowness of
resolution, would breed Icasurc to the fellow,
who was lying hound, to cry, or make such din^
as wouUi disappoint the secrecie of that hail
purpose, and make both the fellow arui the
treasure to be medled with, before any word
could come from his maiestie: As also, that,
his brother would niibse him, in respect of hit
absence that morning ; which if his maiestie
had pleased to haste, he might haue prcucnted,
arryuing there in the tyme of his brothers and
the whole townes being.at the sermon ; where-
by his maiestie might haue taken such secrete
order with that matter, as hee pleased, before
tlieir outcomining from the church. But, his
maiestie, without anie further answering of
him, leaping on horse-hack, and ryding to the
dOjis, where they were beginning to hunt, the
said maister AJexander stayed still in that
place whcr hee left his maiestie ; and, hauing
two men with him appointed by the late earle
his brother, to carrie back vnto him the cer-
taine newes, in al haist, of his maiesties comm-
ing, as heerafter more particularlie f^hall in this
same discourse be declared, hre directed one
of them, called Andrew Henderson, rhalmcr^
lane to the said earle, to ryde in all h;u«te to
thv earle ; commanding him, as hee loued his
brothers honour, that nee shoulde not spare
for spilling of his horse ; and that h'je should
aduertise the earle, that hee hoped to moue
his maiestie to come thither, and that hee
sh<iuld not yet looke for him, the space of
thrf'e houres tliereafter, because of his maies-
ties hunting, adding these words : Pray my
lord my brother to prepare the denner for vs.
But his maiestie was no sooner ridden vp to
a little hil aboue the little woode, whcr the
dogs were laid on in hunting, but that, notwith-
standing the pleasant beginning of the chase,
hee could not stay from musing and wonderiiic
vpon the newes. Whereupon, without inali
1387] STATE TRIALS, 42Eliz. \^yo.—Vroceedmgt agamst the Earl <f Gamii [1S8S
nnie bodie acquainted with this purpose, find-
ing John Nesiuith, chirurgian, by chimce ryding
beside hiin, his maie^tie directed iiiin back to
i>ring maister Alexander with him ; who being
brought vnto his maiestie, and hailing newhe
directed, as said is, one of his men, that was
witii hiiu, back to uiy lord his brodier, his ma-
iestie, vnknowirtg c»r suspecting that any man
]iuinghad coine with him, then tolde hiiii, that
hee had bene aduysinjr witii himself, and, in
respect of his last vvordes so earnest with liim,-
hee rosolued to ryde thither for thnt erand in
his own person, how sr>one the? cliace was en<l-
ed, which was alreadie bepm ; lyke as liis ma-
iesty, vppon ihe verie entlhig ol these words,
did ryde away in the chase, the said maister
Alexander euer following him at his hack : no
other liuing being with his hienesse, but hee,
and John llannnilton of Grange, one of his
maiesties maister-stablers, the reste of the
^ court h-.'in«all befcrre in the chase, his maiestie
onhe being casten back, vpon the staying to
speak wiUi maister Alexander, as is before
5aid. The cliase lasted from seuen houres in
the morning, \-ntil alleuen and more, being one
of the greatest and sorest chases, that eiier liLs
maiestie was at: All which tyme, the said
maister Alexander wa**, fur the most part, euer
at his maiesties back, as said is. hut thrre
ncue 
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